Overdrafts / Insufficient Funds. An insufficient balance in your account, which has not been covered by your Overdraft Line of Credit, is subject to a service fee charged against your account according to the Bank’s then current Service Fee Schedule. This fee applies to overdrafts created by check, in-person withdrawal, ACH withdrawal, or a recurring electronic withdrawal. Overdrafts created by ATM withdrawal or other electronic means will generally be prohibited unless you have consented to the Bank charging you a fee as stated on the Bank’s then current Service Fee Schedule for that withdrawal. Checks or other items, including in-person withdrawals and ACH or recurring electronic withdrawals, drawn against insufficient funds in your account (also described as “NSF”) may also be subject to the service fee set forth in that schedule. Generally, we will assess a fee for each item we choose to pay, or that we choose to return unpaid that creates or increases an overdraft on your account unless prohibited by law. Generally, we will also assess a fee for each item presented against insufficient funds that we choose to return unpaid regardless of the type of item unless prohibited by law. Pursuant to Nacha Operating rules and Guidelines and other applicable laws, a debit or item may be presented for payment more than one time. We may charge you insufficient funds fees if a debit item is returned more than one time. The Bank may determine whether or not your account contains sufficient funds to pay a check or other item at any time between the time the check or other item is received by the Bank and the Bank’s return deadline, and only one determination of the account balance is required. If that determination reveals insufficient funds to pay the check or other item, the Bank will not be required to honor the check or other item and may return it. Alternatively, the Bank may honor the check or other item and create an overdraft. However, the honoring of one or more overdrafts does not obligate the Bank to honor any future overdrafts, and you should not rely on the Bank to honor an overdraft. Moreover, the Bank is not required to send you prior notice on checks returned for insufficient funds. You agree to deposit sufficient funds to cover the overdraft and any service fees upon notice of the overdraft, and to reimburse the Bank for any costs it incurs in collecting the overdraft from you including, without limitation, reasonable attorney’s fees and costs of litigation to the extent permitted b...
Overdrafts / Insufficient Funds. You agree to limit all withdrawals and transfers from the Account to the amount of the Available Balance in the Account at the time the withdrawal or transfer is made or initiated. We may, at our option and without notice to you, pay or refuse to pay Items, and may accept or reject payment orders if there is or would be an insufficient Available Balance in the Account without regard to whether we may have previously honored Items or accepted payment orders in similar circumstances. If we honor an Item or accept the payment order and create an overdraft, you agree to be liable for, and immediately repay any Account deficit resulting from, charges or overdrafts to the Account, however arising, together with our service fee and the costs we incur to collect the deficit, including, to the extent not prohibited by law, our reasonable attorneys’ fees. We may also place a hold for the amount of the overdraft on the Account. We may, without notice to you, refuse to pay Items, honor payment orders or permit withdrawals against uncollected funds.
