Payment Orders. If you want to stop payment on a check you have written, you may place a written stop payment order at a branch or contact our Call Center to stop payment before it is finally paid by us. Any authorized signer on the account may furnish a stop payment order. You must furnish us with the date, the check number, and the exact amount of the check and the name of the payee in order for us to stop payment on the item. If you provide us with any incorrect or incomplete information, we will not be responsible for our failure to stop payment on the check. We will not be responsible for a stop payment order if we do not have a reasonable opportunity to act on it before final payment of the item. You may not stop payment on a check guaranteed by us. You may furnish the stop payment order orally or in writing. The order will remain in effect for twelve (12) months and must be renewed by you every twelve (12) months to remain in effect. If you do not renew the stop payment order when it expires and the item is presented for payment, we may pay the item and charge it to your account. There is a charge for each stop payment order and renewal order requested. See Fee Schedule. In some cases, we may pay an item even if a stop payment request is in effect. If we, or another person or entity, is determined by us to be a “holder in due course” of the item, we may pay the item. If we pay a check which has a valid stop payment order on it with correct information, we may be responsible to you for up to the face amount of the item if you establish that you have suffered a loss because we paid the item. You agree to assign to us all of your rights against the payee and/or any other holder of your check. You also agree to cooperate fully with us in any collection or legal actions that we subsequently take against such persons. Anyone holding the check, including the Bank, may be entitled to enforce payment against you despite the stop payment order. You agree to indemnify, defend, and hold us harmless from all costs, actions, damages, claims, and demands related to or arising from our action in stopping payment on the check. You may not stop payment on point-of-sale Debit Card transactions, cashier’s checks, or checks or payments guaranteed by us. Under certain circumstances, however, you may be able to claim a refund on lost, stolen or destroyed cashier’s checks ninety (90) days following the date of their issuance. Please note that electronic stop payment requests (through our online banking service) may not be effective in stopping the payment of checks that have been posted to, but not finally paid from, your account on the preceding day. In order to prevent those checks from being paid, you must contact one of our customer representatives in person, by telephone or in writing within one hour after we open on the day following the day we post the items to your account. You also should contact a representative if you wish to stop the payment of a check that has been converted to an electronic transaction by a merchant. Electronic transactions are often processed on the same day and cannot be stopped with a regular check stop payment order.
Appears in 4 contracts
Samples: Business Account Agreement, Business Account Agreement, Business Account Agreement
Payment Orders. If you want to stop payment on a check you have written, you may place a written stop payment order at a branch or contact our Call Center to stop payment before it is finally paid by us. Any authorized signer on the account may furnish a stop payment order. You must furnish us with the date, the check number, and the exact amount of the check and the name of the payee in order for us to stop payment on the item. If you provide us with any incorrect or incomplete information, we will not be responsible for our failure to stop payment on the check. We will not be responsible for a stop payment order if we do not have a reasonable opportunity to act on it before final payment of the item. You may not stop payment on a check guaranteed by us. You may furnish the stop payment order orally or in writing. The order will remain in effect for twelve (12) months and must be renewed by you every twelve (12) months to remain in effect. If you do not renew the stop payment order when it expires and the item is presented for payment, we may pay the item and charge it to your account. There is a charge for each stop payment order and renewal order requested. See Fee Schedule. In some cases, we may pay an item even if a stop payment request is in effect. If we, or another person or entity, is determined by us to be a “holder in due course” of the item, we may pay the item. If we pay a check which has a valid stop payment order on it with correct information, we may be responsible to you for up to the face amount of the item if you establish that you have suffered a loss because we paid the item. You agree to assign to us all of your rights against the payee and/or any other holder of your check. You also agree to cooperate fully with us in any collection or legal actions that we subsequently take against such persons. Anyone holding the check, including the Bank, may be entitled to enforce payment against you despite the stop payment order. You agree to indemnify, defend, and hold us harmless from all costs, actions, damages, claims, claims and demands related to or arising from our action in stopping payment on the check. You may not stop payment on point-of-sale Debit Card transactions, cashier’s checks, or checks or payments guaranteed by us. Under certain circumstances, however, you may be able to claim a refund on lost, stolen or destroyed cashier’s checks ninety (90) days following the date of their issuance. Please note that electronic stop payment requests (through our online banking service) may not be effective in stopping the payment of checks that have been posted to, but not finally paid from, your account on the preceding day. In order to prevent those checks from being paid, you must contact one of our customer representatives in person, by telephone or in writing within one hour after we open on the day following the day we post the items to your account. You also should contact a representative if you wish to stop the payment of a check that has been converted to an electronic transaction by a merchant. Electronic transactions are often processed on the same day and cannot be stopped with a regular check stop payment order.
Appears in 3 contracts
Samples: Personal Account Agreement, Personal Account Agreement, Personal Account Agreement
Payment Orders. If you want Any Contracting Officer or Authorized Signer on your account may request us to stop payment on a check you have writtenor transaction, you may place a written even if that person was not the maker of the check or the one who initiated the transaction. Your stop payment order at a branch or contact our Call Center to stop payment before it is finally paid by us. Any authorized signer on must include the account may furnish a stop payment order. You must furnish us with the datenumber, the check number, and the exact amount of the (dollars and cents), check or transaction date and the name of the payee in order for us to stop payment on the item. If you provide us with any incorrect or incomplete information, we will not be responsible for our failure to stop payment on the checkpayee. We will not be responsible liable for paying a check or transaction over a stop payment order if we do not have the order is incomplete or incorrect. We must receive stop payment orders, renewals or cancellations at a time and in a manner which affords us a reasonable opportunity to act on it upon them before final payment of the item, whether delivered in person, by facsimile, telephone or via our Online Banking Services. You may not The time allowed to make stop payment on orders cannot extend beyond the time we have under applicable law, regulations and rules to return the item or give notice of its dishonor or nonpayment. We are not bound by stop payment orders received after a check guaranteed by uswas paid. You may furnish the There is a per check/transaction charge for each stop payment order orally or in writingorder. The order will remain in effect Stop payment orders are valid for twelve (12) months six months. After that time, the check may be paid and must be renewed by charged to your account unless you every twelve (12) months to remain in effect. If you do not renew the stop payment order when in writing for an additional fee. We are not required to accept oral stop payment orders. If we elect to act upon an oral stop payment order, you agree to promptly confirm the order in writing and deliver it expires and the item is presented for paymentto us. If you fail to do so within 14 calendar days, we may pay release the item stop payment without notice to you. Our records will be conclusive evidence of the existence, details of and charge it to your account. There is a charge for each our decision regarding any oral stop payment order and renewal order requested. See Fee Schedule. In some cases, we may pay an item even if a stop payment request is in effect. If we, or another person or entity, is determined by us to be a “holder in due course” of the item, we may pay the itemits revocation. If we pay a check on which has there is a valid and timely stop payment order on it with correct informationorder, we may be responsible to you for up to the face amount of the item if you establish that you have suffered a loss because we paid the itemcheck. You agree Our liability, if any, is limited to assign the actual loss suffered, up to us the amount of the check. If we re-credit your account after paying a check over a valid and timely stop payment order, you must transfer all of your rights against the payee and/or any or other holder of your check. You also agree the check to cooperate fully us, submit a signed statement describing the dispute with the payee or holder and assist us in any collection or legal actions that we subsequently take action against such personspayee or holder. Anyone holding the check, including the Bank, may be entitled to enforce payment against you despite the stop payment order. You agree to indemnify, defend, defend and hold us harmless from any and all costsproceedings, actionslosses, damages, liabilities, claims, demands, costs or expenses (including attorneys’ fees and demands costs) incurred by us or related to or and arising from our action in stopping payment on the a check. You may not stop payment on point-of-sale Debit Card transactions, cashier’s checks, debit card transactions or checks or payments guaranteed by us. Under certain circumstances, however, you may be able to claim a refund on lost, stolen or destroyed cashier’s checks ninety (90) days following the date of their issuance. Please note that electronic stop payment requests (through our online banking service) may not be effective in stopping the payment of checks that have been posted to, but not finally paid from, your account on the preceding day. In order to prevent those checks from being paid, you must contact one of our customer representatives in person, by telephone or in writing within one hour after we open on the day following the day we post the items to your account. You also should contact a representative Client Services (see Appendix A) immediately if you wish to stop the payment of a check that has been converted to an electronic transaction by a merchant. Electronic transactions are often processed on the same day and cannot be stopped with a regular check stop payment order, if at all. You do not automatically have the right to stop payment on a cashier’s check you purchase from us. If a cashier’s check is lost, stolen or destroyed, please contact us for the procedures to obtain reimbursement or have the cashier’s check reissued. In general, you must complete a Claim for Lost, Stolen or Destroyed Cashier’s Check (“Declaration of Loss”) form describing the cashier’s check and how it was lost, stolen or destroyed and sign the Declaration of Loss under penalty of perjury. We must then wait 90 days from the date the check was issued before we can act on your request. If 90 days has already passed, we will act on your request within a reasonable time. If the check is presented during the 90-day waiting period, we may pay the item to a person entitled to enforce the check. If this happens, we are not required to honor your request for reimbursement or reissuance.
Appears in 2 contracts
Samples: Deposit Agreement, Deposit Agreement
Payment Orders. If you do not want us to stop payment on pay a check you have written, you may can request that we place a stop-payment order on it by notifying us in person, by mail, by telephone, via ProvidentConnect Online Banking or by such other methods as we may make available to you. You may send written stop-payment orders to any of our branch offices. We will send you a confirmation notice for all stop-payment orders not made in person to one of our branch office personnel. You may stop payment on a check drawn on your Account only if we have not accepted, certified, made final payment on, or otherwise become accountable for the item, except to the extent otherwise required by law. We must be given reasonable opportunity to act on any stop-payment order at before it can be considered effective. The effectiveness of any stop-payment order is dependent upon timing between receipt of the stop-payment order and receipt of the check for payment. The Bank will stop payment on a branch or contact our Call Center check within a reasonable period of time from receipt of the applicable stop-payment order. A “reasonable period of time” means the check is not presented for payment until the second business day following the business day the stop-payment order is received. All stop-payment orders on checks are valid for six (6) months from the date the instructions to stop payment before it is finally paid were given by us. Any authorized signer on you unless we receive instructions from you either correcting or canceling the account may furnish a stop stop-payment order. You Because stop-payment orders are handled by computers, to be effective, we are not obligated to notify you when a stop-payment order expires. Your stop-payment order must furnish us with be timely and must accurately describe the datecheck, your Account number, date of the check, payee name, amount, and the check number, and the exact amount of the check and the name of the payee in . There will be a charge for every stop-payment order for us to stop payment on the itemwe receive. If you provide us with have a joint Account, we will accept a stop-payment order from any incorrect joint owner or incomplete informationauthorized signer, regardless of who signed the check. A release of the stop-payment order may be made only by the person who initiated the stop-payment order. If we fail to honor a proper and timely stop-payment order, we will not be responsible liable for our failure to more than your actual loss, which may be less than the full amount of the check. You may only stop payment on an official check if the checkitem has been lost, stolen or destroyed. We will not be responsible for a stop payment order if we do not have a reasonable opportunity to act on it before final payment of the item. You may not If you stop payment on a check guaranteed by us. You may furnish the stop and we incur any damages or expenses because of your stop-payment order orally or in writing. The order will remain in effect for twelve (12) months and must be renewed by order, you every twelve (12) months to remain in effect. If you do not renew the stop payment order when it expires and the item is presented for payment, we may pay the item and charge it to your account. There is a charge for each stop payment order and renewal order requested. See Fee Schedule. In some cases, we may pay an item even if a stop payment request is in effect. If we, or another person or entity, is determined by us to be a “holder in due course” of the item, we may pay the item. If we pay a check which has a valid stop payment order on it with correct information, we may be responsible to you for up to the face amount of the item if you establish that you have suffered a loss because we paid the item. You agree to indemnify the Bank for those damages or expenses, including reasonable attorney fees. When placing a stop-payment order, you assign to us all of your rights against the payee and/or or any other holder of your the check. You also In addition, you agree to cooperate fully with us in any collection or legal actions that we subsequently may take against such persons. Anyone You should be aware that anyone holding the check, including the Bank, check may be entitled to enforce payment against you despite the stop stop-payment order. You agree to indemnify, defend, Stop-payment order rules for electronic fund transfer differ from the rules for checks. See the Regulation E - Electronic Fund Transfer Disclosure for Consumer Accounts for rules and hold us harmless from all costs, actions, damages, claims, and demands related to or arising from our action in stopping procedures regarding stop-payment on the check. You may not stop payment on point-of-sale Debit Card transactions, cashier’s checks, or checks or payments guaranteed by us. Under certain circumstances, however, you may be able to claim a refund on lost, stolen or destroyed cashier’s checks ninety (90) days following the date of their issuance. Please note that orders for electronic stop payment requests (through our online banking service) may not be effective in stopping the payment of checks that have been posted to, but not finally paid from, your account on the preceding day. In order to prevent those checks from being paid, you must contact one of our customer representatives in person, by telephone or in writing within one hour after we open on the day following the day we post the items to your account. You also should contact a representative if you wish to stop the payment of a check that has been converted to an electronic transaction by a merchant. Electronic transactions are often processed on the same day and cannot be stopped with a regular check stop payment orderfund transfers.
Appears in 2 contracts
Samples: Terms and Conditions Agreement, Terms and Conditions Agreement
Payment Orders. Unless otherwise specified in writing by the Bank, any stop payment order which Customer wishes to place on a Check drawn on an account that is the subject of this Service or is otherwise related to this Service shall be placed in accordance with the Bank's normal stop payment procedures and provisions for other accounts in effect at that time. Customer acknowledges that a Stop Payment Request (defined herein below) may not be placed on any items other than Checks issued by Customer. Any Stop Payment Request for ACH debits or paper drafts must be placed at a Bank branch office location. If Customer has elected to issue stop payment orders via Online Banking Services, the following provisions shall apply:
(i) You have requested us to provide Stop Payment Services under Online Banking Services to enable you want to electronically issue stop payment entries ("Stop Payment Request"). You hereby agree to use the Stop Payment Services according to the instructions set forth in this Section.
(ii) You may only submit Stop Payment Requests for Checks that have not yet posted to the Account. Thus, prior to submitting Stop Payment Requests, you must first verify that the Checks have not posted to the Account.
(iii) You understand and agree that Stop Payment Requests will not take effect unless you provide all the information requested by the Stop Payment screens and provide such information exactly as it appears on the Check, including, but not limited to, the account number, Check number, amount, payee and date. You acknowledge that the computer programs used to provide the Stop Payment Services require exact information regarding the Check and even minor errors in providing the exact information requested may prevent payment from being stopped. For example, if you give us the wrong amount of the Check and the information is only wrong by one cent (.01) or if the Check number you provide is only wrong by one digit, we will not be able to stop payment on the Check. You agree that Bank is not liable to you for payment of any Check over a Stop Payment Request if you do not provide the exact information regarding the Check.
(iv) Stop Payment Requests that we receive prior to the close of a Business Day, will be effective on that Business Day. Conversely, Stop Payment Requests that we receive after that Cut-Off Time will take effect on the next Business Day. The Business Day on which the Stop Payment Request takes effect is referred as the "Stop Payment Effective Date." We shall not be liable to you for items otherwise properly payable that we pay prior to the Stop Payment Effective Date of your Stop Payment Request or any loss arising out of such payment.
(v) The Stop Payment Request will be effective for six months, from and including the Stop Payment Effective Date. You may renew or otherwise continue the effectiveness of a Stop Payment Request by making a new Stop Payment Request via Online Banking Services at least one Business Day prior to the expiration of the existing Stop Payment Request. You acknowledge that we are not obligated to stop payment on a check you have writtenCheck after the expiration of a Stop Payment Request. However, you agree that we may place a written stop payment order at a branch or contact our Call Center according to stop payment before it is finally paid by us. Any authorized signer on the account may furnish a stop payment orderan expired Stop Payment Request without incurring any liability to you. You must furnish us with the date, the check numberfurther understand and agree that you, and not us, have the exact amount obligation to monitor your Stop Payment Requests and that we will not provide you with any notice of the check expiration dates of any Stop Payment Request and/or the need to renew any such requests.
(vi) You understand and the name of the payee in order for us agree that we will accept a Stop Payment Request and use reasonable procedures to locate and stop payment on the itemCheck. If However, in consideration of our acceptance of the Stop Payment Request, you provide expressly agree to hold us with harmless from any incorrect direct or incomplete informationindirect damages if we pay the Check (i) on the day we receive the Stop Payment Request, or (ii) by reason of oversight or inadvertence. Furthermore, you hereby agree that we will not be responsible liable to you for our failure to stop payment on any direct or indirect damages if other Checks drawn by you are returned NSF because we pay the check. We will not be responsible for a stop payment order if we do not have a reasonable opportunity to act on it before final payment of Check under the itemcircumstances noted in (i) or (ii) herein. You may not stop further agree to indemnify us against all expenses and costs that might incur by reason of stopping payment on a check guaranteed by us. Check pursuant to a Stop Payment Request, whether it expired or not.
(vii) You may furnish hereby authorize us to automatically charge the stop payment order orally or in writing. The order will remain in effect Account against which the Check was drawn for twelve (12) months and must be renewed by you every twelve (12) months to remain in effect. If you do not renew the stop payment order when it expires and the item is presented for payment, we may pay the item and charge it to your account. There is a charge applicable Stop Payment fees for each stop payment order Stop Payment Request and renewal order requested. See Fee Schedule. In some cases, we may pay an item even if a stop payment request is in effect. If we, or another person or entity, is determined by us to be a “holder in due course” of the item, we may pay the item. If we pay a check which has a valid stop payment order on it with correct information, we may be responsible to you for up to the face amount of the item if you establish that you have suffered a loss because we paid the item. You agree to assign to us all of your rights against the payee and/or any other holder of your check. You also agree to cooperate fully with us in any collection or legal actions that we subsequently take against such persons. Anyone holding the check, including the Bank, may be entitled to enforce payment against you despite the stop payment order. You agree to indemnify, defend, and hold us harmless from all costs, actions, damages, claims, and demands related to or arising from our action in stopping payment on the check. You may not stop payment on point-of-sale Debit Card transactions, cashier’s checks, or checks or payments guaranteed by us. Under certain circumstances, however, you may be able to claim a refund on lost, stolen or destroyed cashier’s checks ninety (90) days following the date of their issuance. Please note that electronic stop payment requests (through our online banking service) may not be effective in stopping the payment of checks that have been posted to, but not finally paid from, your account on the preceding day. In order to prevent those checks from being paid, you must contact one of our customer representatives in person, by telephone or in writing within one hour after we open on the day following the day we post the items to your account. You also should contact a representative if you wish to stop the payment of a check that has been converted to an electronic transaction by a merchant. Electronic transactions are often processed on the same day and cannot be stopped with a regular check stop payment orderthereof.
Appears in 1 contract
Samples: Online Banking Agreement
Payment Orders. If you want Any owner or authorized signer on your Account may request us to stop payment on a check you have written, you may place a written Check or transaction. Your stop payment order at a branch or contact our Call Center to stop payment before it is finally paid by us. Any authorized signer on must include the account may furnish a stop payment order. You must furnish us with the date, the check Account number, and the Check number, exact amount of the check (dollars and cents), Check or transaction date and the name of the payee in order for us to stop payment on the item. If you provide us with any incorrect or incomplete information, we will not be responsible for our failure to stop payment on the checkpayee. We will not be responsible liable for paying a Check or transaction if a stop payment order if we do not have is incomplete or incorrect. We must receive stop payment orders in a manner that affords us reasonable opportunity time to act upon them. There is a per-Check charge for each stop payment order, as shown in the Fee Schedule. Each stop payment order is valid for 6 months. After that time, if the Check is presented, it may be charged to your Account unless you renew the stop payment order for an additional fee. We may elect to accept oral stop payment orders for every type of transaction, but are not required to do so. If we accept an oral stop payment order, we may require you to submit or confirm it in writing. Without a stop payment order in writing, our electronic records will be considered proof of the stop payment order details or of its revocation. You cannot rely on it before final a stop payment request delivered to us through our automated telephone or online banking to be effective in stopping the payment of a Check that was Posted to your Account on the itempreceding Business Day. You need to call us or visit a branch to confirm if a stop payment can be placed on such Checks. You may not stop payment on a check guaranteed by us. You may furnish the stop payment order orally or in writing. The order will remain in effect for twelve (12) months and must be renewed by you every twelve (12) months to remain in effect. If you do not renew the stop payment order when it expires and the item is presented for payment, we may pay the item and charge it to your account. There is a charge for each stop payment order and renewal order requested. See Fee Schedule. In some cases, we may pay an item even if a stop payment request is in effect. If we, or another person or entity, is determined by us to be a “holder in due course” of the item, we may pay the item. If we pay a check which has a valid stop payment order on it with correct information, we may be responsible to you for up to the face amount of the item if you establish that you have suffered a loss because we paid the item. You agree to assign to us all of your rights against the payee and/or any other holder of your check. You also agree to cooperate fully with us in any collection or legal actions that we subsequently take against such persons. Anyone holding the check, including the Bank, may be entitled to enforce payment against you despite the stop payment order. You agree to indemnify, defend, and hold us harmless from all costs, actions, damages, claims, and demands related to or arising from our action in stopping payment on the check. You may not stop payment on electronic point-of-sale Debit Card transactions, cashier’s checks, Checks or checks Checks or payments guaranteed by us. Under certain circumstances, however, you may be able to claim a refund on lost, stolen or destroyed cashierxxxxxxx’s checks ninety (90) Checks 90 days or later following the date of their issuance. Please note that electronic stop payment requests (through our online banking service) may not be effective in stopping the payment of checks that have been posted to, but not finally paid from, your account on the preceding day. In order to prevent those checks from being paid, you must contact one of our customer representatives in person, by telephone or in writing within one hour after we open on the day following the day we post the items to your account. You also should contact a representative if you wish to stop the payment of a check Check that has been converted to an electronic transaction by a merchant. For more information on stop payments on preauthorized Electronic transactions are often processed Fund Transfers see the subsection titled “Stop Payments for Preauthorized Electronic Fund Transfers” in the section titled “ACH Payments, Credits and Transfers” in the agreement titled “Bank of Hawaii Business Electronic Banking Services Agreement.” You agree to indemnify, defend and hold us harmless from all actions, claims and damages related to or arising from our action in stopping payment on the same day and cannot be stopped with a regular check any Check or transaction pursuant to your stop payment order.
Appears in 1 contract
Samples: Business Deposit Account Agreement