Common use of Our Rights on Your Deposit Clause in Contracts

Our Rights on Your Deposit. When we agree to take your deposits, we are providing you a service by saving you the time and expense of having to go to the paying institution to receive your funds. In providing this service, we will credit the amount of the deposit to the account you have with us. However, depending on the type of deposit, we may hold some or all of the funds from the deposit. We may also refuse or return a deposit if we believe it is necessary to prevent you and us from incurring a loss. If we elect to hold funds from your de- posit the time period for the hold will depend on 1) the type of de- posit (cash, check, wire, etc.), 2) the amount, 3) the account it goes into, 4) the source of funds, 5) our ability to verify persons, organizations and institutions issuing, negotiating and making payment, and 6) any other facts we consider important. In addi- tion to this Provision, we encourage you to review the “Funds Availability of Deposits” disclosure, which is part of the MSA and found at the end of this Part 2. You understand if we make funds available to you from a check you deposit (in cash or otherwise) we are only providing you with credit, and are not cashing, prom- ising or guaranteeing payment of the check that you deposited. Please be aware that any check you deposit that is drawn on an- other financial institution can come back to us for a number of reasons. For reference, we group these reasons into two catego- xxxx: nonpayment reasons (such as but not limited to insufficient funds, stop payment, closed account) and fraud reasons (such as alterations or forgeries). It may take as many as nine days (seven business days and two weekend days (and in some instances more)) for your deposited check to be returned for a nonpayment reason. If there is a fraud problem with the check, the paying insti- tution may make a claim against us (even after the check has been paid) and demand repayment for the amount of the check for several years after you deposit the check (the number of years varies by state). If your deposited check is returned unpaid or we are required to repay the amount of the check for any reason, you are responsible for the amount of the check and all related service charges and costs. Accordingly, when we take your checks drawn on other institutions for deposit, to attempt to prevent losses for you and us, you agree we may hold the funds from the deposited check for a period of time. Also please see the “Funds Availability of Deposits” disclosure at the end of this Part 2. If we have reasonable cause to doubt collectability of a check you offer for deposit (typically for a nonpayment or fraud reason), we may hold the funds from the check. If we hold the funds in a checking account, we will provide you with a notice of the status of your deposit and when the funds will be available. If we believe there may be a problem with a check, we may choose to not take the check for deposit unless you agree that we may place an ex- tended hold on the funds of the deposit. The extended hold is for your and our protection to determine if the check will be paid. In such cases, if you do not want us to place an extended hold on the funds, please tell us before we have processed the check for payment and we will return the check to you so that you may ob- tain payment elsewhere. In some instances, we may require the check to be deposited into a savings account that has transactional limitations, with the funds held for an extended period of time. We may provide you with a notice of the status of your deposit and when the funds will be available. We may choose not to allow you to deposit the check unless you consent to an extended hold on the funds of the check. The extended hold is for your and our protection because it gives us time to determine if the check will be paid. If you do not want us to deposit the check to a savings account and place an extended hold on the funds, please tell us before we have pro- cessed the check for payment and we will return the check to you so that you may obtain payment elsewhere. On your request and consent, we may also send a check you offer for deposit for special collection. Special collection means that we will not deposit the check in an account, but rather send the check directly to the paying institution for payment [for which there may be a service charge]. You understand that if we send the check for special collection, no funds will be deposited to an account you have until the paying institution agrees to pay the check. If we send the check for special collection it may take an extended (indetermi- nate) amount of time for the check to be finally paid. If you do not want us to send a check you offer for deposit for special collection, please tell us before we take it and we will return the check to you so that you may obtain payment elsewhere. Please be aware that we have no way to guarantee that any check you offer for deposit (that is not drawn on us) will not be sent back to us for a nonpayment, fraud or other reason that requires us to repay the amount of the check. This is true even if we place a hold on funds from the check or send it for special collection. You un- derstand if the check comes back to us and we are required to re- pay it, you are responsible for the amount of the check, and all re- lated service charges and costs. You also agree that before you deposit a check, you will tell us about any circumstances or infor- mation you are aware of that could indicate the check may not be paid, or may be fraudulent or issued in connection with an illegiti- mate, unlawful or fictitious transaction or enterprise. You under- stand that regardless of the facts, circumstances and information you disclose about the check, you are still completely responsible for the amount of the check and all service charges and costs if it is dishonored, returned or a claim is made. Further, you understand that for your and our protection, prior to or after your deposit, should we believe there is a problem with the check you have of- fered for deposit, we may refuse to take the check and may return it to you so that you may obtain payment elsewhere. Alternatively, if you request us to take a check for deposit and we believe there is a fraud problem with the check, for your and our protection you agree we may retain the check to determine if the check is fraudulent, and if so, the identity of the perpetrator of the fraud. You understand that our retention of the check protects you and us from incurring a loss on the check. You agree that in such cases, our retention of the check is not wrongful because the check may substantiate the commission of a crime, and our retention of the check avoids addi- tional potential crimes. Following appropriate due diligence, if we determine the check is not fraudulent, we may take the check for deposit or return the check to you. Finally, if we believe there is a problem with a check and elect to return the check to you, you agree we may note the problem on the face of the check to alert branches and institutions of any potential fraud or nonpayment problem. You understand that if you do not want us to retain or make a notation on a check with a potential problem, you should not offer the check to us, because once the check is offered for de- posit it has potentially involved us in a criminal or nonpayment and collection matter.

Appears in 1 contract

Samples: Member Service Agreement

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Our Rights on Your Deposit. When we agree to take your deposits, deposits we are providing you a service ser- vice by saving you the time and expense of having to go to the paying institution to receive your funds. In providing this service, we will credit the amount of the deposit to the account you have with us. However, depending on the type of deposit, we may hold some or all of the funds from the deposit. We may also refuse or return a deposit if we believe it is necessary to prevent you and us from incurring a loss. If we elect to hold funds from your de- posit deposit the time period for the hold will depend on 1) the type of de- posit deposit (cash, check, wire, etc.), 2) the amount, 3) the account it goes into, 4) the source of funds, 5) our ability to verify persons, organizations and institutions issuing, negotiating and making payment, and 6) any other facts we consider important. In addi- tion addition to this Provision, we encourage you to review the “Funds Availability of Deposits” disclosuredis- closure, which is part of the MSA and found at the end of this Part 2. You understand if we make funds available to you from a check you deposit (in cash or otherwise) we are only providing you with credit, and are not cashing, prom- ising promising or guaranteeing payment of the check that you deposited. Please be aware that any check you deposit that is drawn on an- other another financial institution can come back to us for a number of reasons. For reference, we group these reasons into two catego- xxxxcategories: nonpayment non- payment reasons (such as as, but not limited to to, insufficient funds, stop payment, closed account) and fraud reasons (such as alterations altera- tions or forgeries). It may take as many as nine days (seven business busi- ness days and two weekend days (and in some instances more)) for your deposited check to be returned by the paying institution for a nonpayment reason. If there is a fraud problem with the check, the paying insti- tution institution may make a claim against us (even after the check has been paid) and demand repayment for the amount of the check for several years after you deposit the check (the number of years varies by state). If your deposited check is returned unpaid or we are required to repay the amount of the check for any reason, you are responsible for the amount of the check and all related service ser- vice charges and costs. Accordingly, when we take your checks drawn on other institutions for deposit, to attempt to prevent losses for you and us, you agree we may hold the funds from the deposited depos- ited check for a period of time. Also please see the “Funds Availability Availa- bility of Deposits” disclosure at the end of this Part 2. If we have reasonable cause to doubt collectability of a check you offer for deposit (typically for a nonpayment or fraud reason), we may hold the funds from the check. If we hold the funds in a checking account, we will provide you with a notice of the status of your deposit and when the funds will be available. If we believe there may be a problem with a check, we may choose to not take the check for deposit de- posit unless you agree that we may place an ex- tended extended hold on the funds of the check offered for deposit. The extended hold is for your and our protection to determine if the check will be paidpaid or is not subject to a fraud claim. In such cases, if you do not want us to place an extended hold on the funds, please tell us before we have processed pro- cessed the check for payment and we will return the check to you so that you may ob- tain obtain payment elsewhere. In some instances, we may require the check to be deposited into a savings account that has transactional limitations, with the funds held for an extended period number of timedays. We may provide you with a notice of the status of your deposit and when the funds will be availableavail- able. We may choose to not to allow you to deposit the check unless you consent to an extended hold on the funds of the check. The extended hold is for your and our protection because it gives us time to attempt to determine if the check will be paidpaid and is not subject to a fraud claim. If you do not want us to deposit the check to a savings account and place an extended hold on the funds, please tell us before we have pro- cessed processed the check for payment and we will return the check to you so that you may obtain payment elsewhere. On your request and consent, we may also send a check you offer for deposit for special collection. Special collection means that we will not deposit the check in an account, but rather send the check directly to the paying institution for payment [(for which there may be a service charge]). You understand that if we send the check for special spe- cial collection, no funds will be deposited to an account you have with us until the paying institution agrees to pay the check. If we send the check for special collection it may take an extended (indetermi- natein- determinate) amount of time for the check to be finally paid. If you do not want us to send a check you offer for deposit for special collection, please tell us before we take it and we will return the check to you so that you may obtain payment elsewhere. ~ Please be aware that we have no way to guarantee that any check you offer for deposit (that is not drawn on us) our Credit Union will not be sent back to us for a nonpayment, fraud or other reason that requires us to repay the amount of the check. This is true even if we place a hold on funds from the check or send it for special collection. You un- derstand understand if the check comes back to us and we are required to re- pay repay it, you are responsible for the amount of the check, and all re- lated related service charges and costs. You also agree that before you deposit a check, you will tell us about any circumstances or infor- mation you are aware of that could indicate the check may not be paid, or may be fraudulent or issued in connection with an illegiti- mate, unlawful or fictitious transaction or enterprise. You under- stand that understand, regardless of the facts, circumstances and information you disclose about the check, you are still completely responsible for the amount of the check and all service charges and costs if it is dishonored, returned or a claim is made. Further, you understand that for your and our protection, prior to or after your deposit, should we believe there is a problem with the check you have of- fered offered for deposit, we may refuse to take the check and may return it to you so that you may obtain payment elsewhere. Alternatively, if you request us to take a check for deposit and we believe there is a fraud problem with the check, for your and our protection you agree we may retain the check to determine if the check is fraudulent, and if so, the identity of the perpetrator of the fraud. You understand that our retention of the check protects you and us from incurring a loss on the check. You agree that in such cases, our retention of the check is not wrongful because the check may substantiate the commission of a crime, and our retention of the check avoids addi- tional additional potential crimes. Following Follow- ing appropriate due diligence, if we determine the check is not fraudulentfraud- ulent, we may take the check for deposit or return the check to you. Finally, if we believe there is a problem with a check and elect to return the check to you, you agree we may note the problem on the face of the check to alert branches and institutions of any potential fraud or nonpayment problem. You understand that if you do not want us to retain or make a notation on a check with a potential problemprob- lem, you should not offer the check to us, because once the check is offered for de- posit deposit it has potentially involved us in a criminal or nonpayment non- payment and collection matter.

Appears in 1 contract

Samples: Member Service Agreement

Our Rights on Your Deposit. When we agree to take your deposits, deposits we are providing you a service by saving you the time and expense of having to go to the paying institution to receive your funds. In providing this service, we will credit the amount of the deposit to the account you have with us. However, depending on the type of deposit, we may hold some or all of the funds from the deposit. We may also refuse or return a deposit if we believe it is necessary to prevent you and us from incurring a loss. If we elect to hold funds from your de- posit deposit the time period for the hold will depend on 1) the type of de- posit deposit (cash, check, wire, etc.), 2) the amount, 3) the account it goes into, 4) the source of funds, 5) our ability to verify persons, organizations and institutions issuing, negotiating negotiat- ing and making payment, and 6) any other facts we consider important. In addi- tion addition to this Provision, we encourage you to review the “Funds Availability of Deposits” disclosuredis- closure, which is part of the MSA and found at the end of this Part 2. You understand if we make funds available to you from a check you deposit (in cash or otherwise) we are only providing you with credit, and are not cashing, prom- ising promising or guaranteeing payment pay- ment of the check that you deposited. Please be aware that any check you deposit that is drawn on an- other another financial institution can come back to us for a number of reasons. For reference, we group these reasons rea- sons into two catego- xxxxcategories: nonpayment reasons (such as as, but not limited to insufficient to, insuffi- cient funds, stop payment, closed account) and fraud reasons (such as alterations or forgeries). It may take as many as nine days (seven business days and two weekend week- end days (and in some instances more)) for your deposited check to be returned by the paying institution for a nonpayment reason. If there is a fraud problem with the check, the paying insti- tution institution may make a claim against us (even after the check has been paid) and demand repayment for the amount of the check for several years after you deposit the check (the number of years varies by state). If your deposited check is returned unpaid or we are required to repay the amount of the check for any reason, you are responsible for the amount of the check and all related service charges and costs. Accordingly, when we take your checks drawn on other institutions institu- tions for deposit, to attempt to prevent losses for you and us, you agree we may hold the funds from the deposited check for a period of time. Also please see the “Funds Availability of Deposits” disclosure at the end of this Part 2. If we have reasonable cause to doubt collectability of a check you offer for deposit (typically typ- ically for a nonpayment or fraud reason), we may hold the funds from the check. If we hold the funds in a checking account, we will provide you with a notice of the status of your deposit and when the funds will be available. If we believe there may be a problem with a check, we may choose to not take the check for deposit unless you agree that we may place an ex- tended extended hold on the funds of the check offered for deposit. The extended ex- tended hold is for your and our protection to determine if the check will be paidpaid or is not subject to a fraud claim. In such cases, if you do not want us to place an extended hold on the funds, please tell us before we have processed the check for payment and we will return the check to you so that you may ob- tain obtain payment elsewhere. In some instances, we may require the check to be deposited into a savings account that has transactional limitations, with the funds held for an extended period number of timedays. We may provide you with a notice of the status of your deposit and when the funds will be available. We may choose to not to allow you to deposit the check unless you consent to an extended hold on the funds of the check. The extended hold is for your and our protection because it gives us time to attempt to determine if the check will be paidpaid and is not subject to a fraud claim. If you do not want us to deposit the check to a savings account and place an extended hold on the funds, please tell us before we have pro- cessed processed the check for payment and we will return the check to you so that you may obtain payment elsewhere. On your request and consent, we may also send a check you offer for deposit for special spe- cial collection. Special collection means that we will not deposit the check in an accountac- count, but rather send the check directly to the paying institution for payment [(for which there may be a service charge]). You understand that if we send the check for special collectioncollec- tion, no funds will be deposited to an account you have with us until the paying institution institu- tion agrees to pay the check. If we send the check for special collection it may take an extended (indetermi- nateindeterminate) amount of time for the check to be finally paid. If you do not want us to send a check you offer for deposit for special collection, please tell us before we take it and we will return the check to you so that you may obtain payment elsewhere. Please be aware that we have no way to guarantee that any check you offer for deposit (that is not drawn on us) our Credit Union will not be sent back to us for a nonpayment, fraud or other reason that requires us to repay the amount of the check. This is true even if we place a hold on funds from the check or send it for special collection. You un- derstand understand if the check comes back to us and we are required to re- pay repay it, you are responsible re- sponsible for the amount of the check, and all re- lated related service charges and costs. You also agree that before you deposit a check, you will tell us about any circumstances or infor- mation information you are aware of that could indicate the check may not be paid, or may be fraudulent or issued in connection with an illegiti- mateillegitimate, unlawful or fictitious transaction or enterprise. You under- stand that understand, regardless of the facts, circumstances and information you disclose about the check, you are still completely responsible for the amount of the check and all service charges and costs if it is dishonored, returned or a claim is made. Further, you understand that for your and our protection, prior to or after your deposit, should we believe there is a problem with the check you have of- fered offered for deposit, we may refuse to take the check and may return it to you so that you may obtain payment elsewhere. Alternatively, if you request us to take a check for deposit and we believe there is a fraud problem with the check, for your and our protection you agree we may retain the check to determine if the check is fraudulent, and if so, the identity of the perpetrator per- petrator of the fraud. You understand that our retention of the check protects you and us from incurring a loss on the check. You agree that in such cases, our retention of the check is not wrongful because the check may substantiate the commission of a crime, and our retention of the check avoids addi- tional additional potential crimes. Following appropriate due diligence, if we determine the check is not fraudulent, we may take the check for deposit or return the check to you. Finally, if we believe there is a problem with a check and elect to return the check to you, you agree we may note the problem on the face of the check to alert branches and institutions of any potential fraud or nonpayment problemprob- lem. You understand that if you do not want us to retain or make a notation on a check with a potential problem, you should not offer the check to us, because once the check is offered for de- posit deposit it has potentially involved us in a criminal or nonpayment and collection col- lection matter.

Appears in 1 contract

Samples: Member Service Agreement

Our Rights on Your Deposit. When we agree to take your deposits, deposits we are providing you a service ser- vice by saving you the time and expense of having to go to the paying institution to receive your funds. In providing this service, we will credit the amount of the deposit to the account you have with us. However, depending on the type of deposit, we may hold some or all of the funds from the deposit. We may also refuse or return a deposit if we believe it is necessary to prevent you and us from incurring a loss. If we elect to hold funds from your de- posit the time period for the hold will depend on 1) the type of de- posit (cash, check, wire, etc.), 2) the amount, 3) the account it goes into, 4) the source of funds, 5) our ability to verify persons, organizations and institutions issuing, negotiating and making payment, and 6) any other facts we consider important. In addi- tion to this Provision, we encourage you to review the “Funds Availability of Deposits” disclosure, which is part of the MSA BSA and found at the end of this Part 2. You understand if we make funds available to you from a check you deposit (in cash or otherwise) we are only providing you with credit, and are not cashing, prom- ising or guaranteeing payment of the check that you deposited. Please be aware that any check you deposit that is drawn on an- other another financial institution can come back to us for a number of reasons. For reference, we group these reasons into two catego- xxxxcategories: nonpayment non- payment reasons (such as as, but not limited to to, insufficient funds, stop payment, closed account) and fraud reasons (such as alterations altera- tions or forgeries). It may take as many as nine days (seven business busi- ness days and two weekend days (and in some instances more)) for your deposited check to be returned by the paying institution for a nonpayment reason. If there is a fraud problem with the check, the paying insti- tution institution may make a claim against us (even after the check has been paid) and demand repayment for the amount of the check for several years after you deposit the check (the number of years varies by state). If your deposited check is returned unpaid or we are required to repay the amount of the check for any reason, you are responsible for the amount of the check and all related service ser- vice charges and costs. Accordingly, when we take your checks drawn on other institutions for deposit, to attempt to prevent losses for you and us, you agree we may hold the funds from the deposited deposit- ed check for a period of time. Also please see the “Funds Availability of Deposits” disclosure at the end of this Part 2. If we have reasonable cause to doubt collectability of a check you offer for deposit (typically for a nonpayment or fraud reason), we may hold the funds from the check. If we hold the funds in a checking check- ing account, we will provide you with a notice of the status of your deposit and when the funds will be available. If we believe there may be a problem with a check, we may choose to not take the check for deposit unless you agree that we may place an ex- tended extended hold on the funds of the check offered for deposit. The extended hold is for your and our protection to determine if the check will be paidpaid or is not subject to a fraud claim. In such cases, if you do not want us to place an extended hold on the funds, please tell us before be- fore we have processed the check for payment and we will return the check to you so that you may ob- tain obtain payment elsewhere. In some instances, we may require the check to be deposited into a savings account that has transactional limitations, with the funds held for an extended period number of timedays. We may provide you with a notice of the status of your deposit and when the funds will be available. We may choose to not to allow you to deposit the check unless you consent to an extended hold on the funds of the check. The extended hold is for your and our protection because it gives us time to attempt to determine if the check will be paidpaid and is not subject to a fraud claim. If you do not want us to deposit depos- it the check to a savings account and place an extended hold on the funds, please tell us before we have pro- cessed processed the check for payment and we will return the check to you so that you may obtain payment elsewhere. On your request and consent, we may also send a check you offer of- fer for deposit for special collection. Special collection means that we will not deposit the check in an account, but rather send the check directly to the paying institution for payment [(for which there may be a service charge]). You understand that if we send the check for special collection, no funds will be deposited to an account ac- count you have with us until the paying institution agrees to pay the check. If we send the check for special collection it may take an extended (indetermi- nateindeterminate) amount of time for the check to be finally paid. If you do not want us to send a check you offer for deposit for special collection, please tell us before we take it and we will return the check to you so that you may obtain payment elsewhere. Please be aware that we have no way to guarantee that any check you offer for deposit (that is not drawn on us) our Credit Union will not be sent back to us for a nonpayment, fraud or other reason rea- son that requires us to repay the amount of the check. This is true even if we place a hold on funds from the check or send it for special collection. You un- derstand understand if the check comes back to us and we are required to re- pay repay it, you are responsible for the amount of the check, and all re- lated related service charges and costs. You also agree that before you deposit a check, you will tell us about any circumstances or infor- mation information you are aware of that could indicate the check may not be paid, or may be fraudulent or issued in connection with an illegiti- mateillegitimate, unlawful or fictitious transaction or enterprise. You under- stand that understand, regardless of the facts, circumstances and information you disclose about the check, you are still completely responsible for the amount of the check and all service charges and costs if it is dishonored, returned or a claim is made. Further, you understand that for your and our protectionpro- tection, prior to or after your deposit, should we believe there is a problem with the check you have of- fered offered for deposit, we may refuse re- fuse to take the check and may return it to you so that you may obtain payment elsewhere. Alternatively, if you request us to take a check for deposit and we believe there is a fraud problem with the check, for your and our protection you agree we may retain the check to determine if the check is fraudulent, and if so, the identity identi- ty of the perpetrator of the fraud. You understand that our retention reten- tion of the check protects you and us from incurring a loss on the check. You agree that in such cases, our retention of the check is not wrongful because the check may substantiate the commission of a crime, and our retention of the check avoids addi- tional potential additional poten- tial crimes. Following appropriate due diligence, if we determine the check is not fraudulent, we may take the check for deposit or return the check to you. Finally, if we believe there is a problem with a check and elect to return the check to you, you agree we may note the problem on the face of the check to alert branches and institutions of any potential fraud or nonpayment problem. You understand that if you do not want us to retain or make a notation no- tation on a check with a potential problem, you should not offer the check to us, because once the check is offered for de- posit deposit it has potentially involved us in a criminal or nonpayment and collection col- lection matter.

Appears in 1 contract

Samples: Business Service Agreement

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Our Rights on Your Deposit. When we agree to take your deposits, we are providing you a service by saving you the time and expense of having to go to the paying institution to receive your funds. In providing this service, we will credit the amount of the deposit to the account you have with us. However, depending on the type of deposit, we may hold some or all of the funds from the deposit. We may also refuse or return a deposit if we believe it is necessary to prevent you and us from incurring a loss. If we elect to hold funds from your de- posit the time period for the hold will depend on 1) the type of de- posit (cash, check, wire, etc.), 2) the amount, 3) the account it goes into, 4) the source of funds, 5) our ability to verify persons, organizations and institutions issuing, negotiating and making payment, and 6) any other facts we consider important. In addi- tion to this Provision, we encourage you to review the “Funds Availability of DepositsDisclosure,disclosure, which is part of the MSA and found at the end of this Part 2. You understand if we make funds available to you from a check you deposit (in cash or otherwise) we are only providing you with credit, and are not cashing, prom- ising promising or guaranteeing guar- anteeing payment of the check that you deposited. Please be aware that any check you deposit that is drawn on an- other financial institution can come back to us for a number of reasons. For reference, we group these reasons into two catego- xxxx: nonpayment reasons (such as but not limited to insufficient funds, stop payment, closed account) and fraud reasons (such as alterations or forgeries). It may take as many as nine days (seven business days and two weekend days (and in some instances more)) for your deposited check to be returned for a nonpayment reason. If there is a fraud problem with the check, the paying insti- tution may make a claim against us (even after the check has been paid) and demand repayment for the amount of the check for several years after you deposit the check (the number of years varies by state). If your deposited check is returned unpaid or we are required to repay the amount of the check for any reason, you are responsible for the amount of the check and all related service charges fees and costs. Accordingly, when we take your checks drawn on other oth- er institutions for deposit, to attempt to prevent losses for you and us, you agree we may hold the funds from the deposited check for a period of time. Also please see the “Funds Availability of DepositsDis- closuredisclosure at the end of this Part 2. If we have reasonable cause to doubt collectability of a check you offer for deposit (typically for a nonpayment or fraud reason), we may hold the funds from the check. If we hold the funds in a checking account, we will provide you with a notice of the status of your deposit and when the funds will be available. If we believe there may be a problem with a check, we may choose to not take the check for deposit unless you agree that we may place an ex- tended hold on the funds of the deposit. The extended hold is for your and our protection to determine if the check will be paid. In such cases, if you do not want us to place an extended hold on the funds, please tell us before we have processed the check for payment and we will return the check to you so that you may ob- tain payment elsewhere. In some instances, we may require the check to be deposited into a savings account that has transactional limitations, with the funds held for an extended period of time. We may provide you with a notice of the status of your deposit and when the funds will be available. We may choose not to allow you to deposit the check unless you consent to an extended hold on the funds of the check. The extended hold is for your and our protection because it gives us time to determine if the check will be paid. If you do not want us to deposit the check to a savings account and place an extended hold on the funds, please tell us before we have pro- cessed processed the check for payment and we will return the check to you so that you may obtain payment elsewhere. On your request and consent, we may also send a check you offer of- fer for deposit for special collection. Special collection means that we will not deposit the check in an account, but rather send the check directly to the paying institution for payment [for which there may be a service chargefee]. You understand that if we send the check for special collection, no funds will be deposited to an account you have until the paying institution agrees to pay the check. If we send the check for special collection it may take an extended (indetermi- natein- determinate) amount of time for the check to be finally paid. If you do not want us to send a check you offer for deposit for special collection, please tell us before we take it and we will return the check to you so that you may obtain payment elsewhere. Please be aware that we have no way to guarantee that any check you offer for deposit (that is not drawn on us) will not be sent back to us for a nonpayment, fraud or other reason that requires us to repay the amount of the check. This is true even if we place a hold on funds from the check or send it for special collection. You un- derstand if the check comes back to us and we are required to re- pay it, you are responsible for the amount of the check, and all re- lated service charges fees and costs. You also agree that before you deposit a check, you will tell us about any circumstances or infor- mation information you are aware of that could indicate the check may not be paid, or may be fraudulent or issued in connection with an illegiti- mateillegitimate, unlawful or fictitious transaction or enterprise. You under- stand understand that regardless regard- less of the facts, circumstances and information you disclose about the check, you are still completely responsible for the amount of the check and all service charges fees and costs if it is dishonored, returned or a claim is made. Further, you understand that for your and our protection, prior to or after your deposit, should we believe there is a problem with the check you have of- fered offered for deposit, we may refuse to take the check and may return it to you so that you may obtain payment elsewhere. Alternatively, if you request us to take a check for deposit de- posit and we believe there is a fraud problem with the check, for your and our protection you agree we may retain the check to determine xx- xxxxxxx if the check is fraudulent, and if so, the identity of the perpetrator per- petrator of the fraud. You understand that our retention of the check protects you and us from incurring a loss on the check. You agree that in such cases, our retention of the check is not wrongful because be- cause the check may substantiate the commission of a crime, and our retention of the check avoids addi- tional additional potential crimes. Following Fol- lowing appropriate due diligence, if we determine the check is not fraudulent, we may take the check for deposit or return the check to you. Finally, if we believe there is a problem with a check and elect to return the check to you, you agree we may note the problem on the face of the check to alert branches and institutions of any potential po- tential fraud or nonpayment problem. You understand that if you do not want us to retain or make a notation on a check with a potential problem, you should not offer the check to us, because once the check is offered for de- posit deposit it has potentially involved us in a criminal xxxxx- nal or nonpayment and collection matter.

Appears in 1 contract

Samples: Member Service Agreement

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