Common use of PROCEDURES FOR ADDRESSING UNAUTHORIZED TRANSACTIONS AND FRAUDULENT ACCOUNT ACTIVITY Clause in Contracts

PROCEDURES FOR ADDRESSING UNAUTHORIZED TRANSACTIONS AND FRAUDULENT ACCOUNT ACTIVITY. a) Where the Depositor knows of facts that give rise or ought to give rise to suspicion that any Transactions, instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to the Financial Institution or found invalid for any reason (“Suspicious Circumstances”), the Depositor has a duty to: i) make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and ii) disclose such Suspicious Circumstances to the Financial Institution, including the facts upon which the Depositor’s suspicion is based. b) The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by the Depositor, but the Financial Institution does not owe the Depositor any obligation to undertake its own investigation of Suspicious Circumstances. The Financial Institution will not unreasonably restrict the Depositor from the use of the Account during such investigation, as long as it is reasonably evident that the Depositor or the Authorized Signatories and/or Authorized Users did not cause or contribute to the problem or unauthorized Transaction, has fully cooperated with the investigation, and has complied with the Account Contract, but the Financial Institution reserves the right to place a hold on all or some of the Accounts pending investigation of any Suspicious Circumstances. Any such hold or investigation is imposed or undertaken by the Financial Institution at the Financial Institution’s sole discretion and for the Financial Institution’s sole benefit. c) The Financial Institution will respond to reports of a problem or unauthorized Transaction within a reasonable period of time and will indicate what reimbursement, if any, will be made for any loss incurred by the Depositor. Reimbursement will be made for losses from a problem or unauthorized Transaction in this time frame provided that the Depositor has complied with these terms and conditions including without limitation this section 5. d) If the Depositor is not satisfied with the Financial Institution’s response, the Financial Institution will provide the Depositor, upon request, with a written account of its investigation and the reason for its findings. If the Depositor is not satisfied, the issue will be referred for mediation to either a Financial Institution system dispute resolution service, or if no such service is available, to an external mediator if agreed between the Depositor and the Financial Institution. Neither the Financial Institution nor the Depositor will have the right to start court action until 30 days have passed since the problem was first raised with the Financial Institution.

Appears in 18 contracts

Samples: Business Contract, Business Contract, Joint Venture Agreement

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PROCEDURES FOR ADDRESSING UNAUTHORIZED TRANSACTIONS AND FRAUDULENT ACCOUNT ACTIVITY. a) Where the Depositor knows of facts that give rise or ought to give rise to suspicion that any Transactions, instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to the Financial Institution or found invalid for any reason (“Suspicious Circumstances”), the Depositor has a duty to: i) make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and ii) disclose such Suspicious Circumstances to the Financial Institution, including the facts upon which the Depositor’s suspicion is based. b) The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by the Depositor, but the Financial Institution does not owe the Depositor any obligation to undertake its own investigation of Suspicious Circumstances. The Financial Institution will not unreasonably restrict the Depositor from the use of the Account during such investigation, as long as it is reasonably evident that the Depositor or the Authorized Signatories and/or Authorized Users did not cause or contribute to the problem or unauthorized Transaction, has fully cooperated with the investigation, and has complied with the Account Contract, but the Financial Institution reserves the right to place a hold on all or some of the Accounts pending investigation of any Suspicious Circumstances. Any such hold or investigation is imposed or undertaken by the Financial Institution at the Financial Institution’s sole discretion and for the Financial Institution’s sole benefit. c) The Financial Institution will respond to reports of a problem or unauthorized Transaction within a reasonable period of time and will indicate what reimbursement, if any, will be made for any loss incurred by the Depositor. Reimbursement will be made for losses from a problem or unauthorized Transaction in this time frame provided that the Depositor has complied with these terms and conditions including without limitation this section 5. d) If the Depositor is not satisfied with the Financial Institution’s response, the Financial Institution will provide the Depositor, upon request, with a written account of its investigation and the reason for its findings. If the Depositor is not satisfied, the issue will be referred for mediation to either a Financial Institution system dispute resolution service, or if no such service is available, to an external mediator if agreed between the Depositor and the Financial Institution. Neither the Financial Institution nor the Depositor will have the right to start court action until 30 days have passed since the problem was first raised with the Financial Institution.

Appears in 14 contracts

Samples: Personal Contract, Personal Contract, Personal Contract

PROCEDURES FOR ADDRESSING UNAUTHORIZED TRANSACTIONS AND FRAUDULENT ACCOUNT ACTIVITY. a) Where the Depositor Trustee knows of facts that give rise or ought to give rise to suspicion that any Transactions, instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to the Financial Institution or found invalid for any reason (“Suspicious Circumstances”), the Depositor Trustee has a duty to: i) make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and ii) disclose such Suspicious Circumstances to the Financial Institution, including the facts upon which the DepositorTrustee’s suspicion is based. b) The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by the DepositorTrustee, but the Financial Institution does not owe the Depositor Trustee any obligation to undertake its own investigation of Suspicious Circumstances. The Financial Institution will not unreasonably restrict the Depositor Trustee from the use of the Account during such investigation, as long as it is reasonably evident that the Depositor or the Authorized Signatories and/or Authorized Users Trustee did not cause or contribute to the problem or unauthorized Transaction, has fully cooperated with the investigation, and has complied with the Account Contract, but the Financial Institution reserves the right to place a hold on all or some of the Accounts pending investigation of any Suspicious Circumstances. Any such hold or investigation is imposed or undertaken by the Financial Institution at the Financial Institution’s sole discretion and for the Financial Institution’s sole benefit. c) The Financial Institution will respond to reports of a problem or unauthorized Transaction within a reasonable period of time and will indicate what reimbursement, if any, will be made for any loss incurred by the DepositorTrustee. Reimbursement will be made for losses from a problem or unauthorized Transaction in this time frame provided that the Depositor Trustee has complied with these terms Terms and conditions Conditions including without limitation this section 5. d) If the Depositor Trustee is not satisfied with the Financial Institution’s response, the Financial Institution will provide the DepositorTrustee, upon request, with a written account of its investigation and the reason for its findings. If the Depositor Trustee is not satisfied, the issue will be referred for mediation to either a Financial Institution system dispute resolution service, or if no such service is available, to an external mediator if agreed between the Depositor Trustee and the Financial Institution. Neither the Financial Institution nor the Depositor Trustee will have the right to start court action until 30 days have passed since the problem was first raised with the Financial Institution.

Appears in 5 contracts

Samples: Personal Trust Contract, Personal Trust Contract, Personal Trust Contract

PROCEDURES FOR ADDRESSING UNAUTHORIZED TRANSACTIONS AND FRAUDULENT ACCOUNT ACTIVITY. a) Where the Depositor knows of facts that give rise or ought to give rise to suspicion that any Transactions, instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to the Financial Institution or found invalid for any reason (“Suspicious Circumstances”), the Depositor has a duty to: : i) make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and ii) disclose such Suspicious Circumstances to the Financial Institution, including the facts upon which the Depositor’s suspicion is based. . b) The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by the Depositor, but the Financial Institution does not owe the Depositor any obligation to undertake its own investigation of Suspicious Circumstances. The Financial Institution will not unreasonably restrict the Depositor from the use of the Account during such investigation, as long as it is reasonably evident that the Depositor or the Authorized Signatories and/or Authorized Users did not cause or contribute to the problem or unauthorized Transaction, has fully cooperated with the investigation, and has complied with the Account Contract, but the Financial Institution reserves the right to place a hold on all or some of the Accounts pending investigation of any Suspicious Circumstances. Any such hold or investigation is imposed or undertaken by the Financial Institution at the Financial Institution’s sole discretion and for the Financial Institution’s sole benefit. . c) The Financial Institution will respond to reports of a problem or unauthorized Transaction within a reasonable period of time and will indicate what reimbursement, if any, will be made for any loss incurred by the Depositor. Reimbursement will be made for losses from a problem or unauthorized Transaction in this time frame provided that the Depositor has complied with these terms and conditions including without limitation this section 5. . d) d) If the Depositor is not satisfied with the Financial Institution’s response, the Financial Institution will provide the Depositor, upon request, with a written account of its investigation and the reason for its findings. If the Depositor is not satisfied, the issue will be referred for mediation to either a Financial Institution system dispute resolution service, or if no such service is available, to an external mediator if agreed between the Depositor and the Financial Institution. Neither the Financial Institution nor the Depositor will have the right to start court action until 30 days have passed since the problem was first raised with the Financial Institution.account

Appears in 2 contracts

Samples: Personal Contract (Member and Account) Terms and Conditions, Personal Contract (Member and Account) Terms and Conditions

PROCEDURES FOR ADDRESSING UNAUTHORIZED TRANSACTIONS AND FRAUDULENT ACCOUNT ACTIVITY. a) Where the Depositor Member knows of facts that give rise or ought to give rise to suspicion that any Transactions, instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to the Financial Institution DUCA or found invalid for any reason (“Suspicious Circumstances”), the Depositor Member has a duty to: i) make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and ii) disclose such Suspicious Circumstances to the Financial InstitutionDUCA, including the facts upon which the DepositorMember’s suspicion is based. b) The Financial Institution DUCA may, in its sole discretion, investigate any Suspicious Circumstances disclosed by the DepositorMember, but the Financial Institution DUCA does not owe the Depositor Member any obligation to undertake its own investigation of Suspicious Circumstances. The Financial Institution DUCA will not unreasonably restrict the Depositor Member from the use of the Account during such investigation, as long as it is reasonably evident that the Depositor or the Authorized Signatories and/or Authorized Users Member did not cause or contribute to the problem or unauthorized Transaction, has fully cooperated with the investigation, and has complied with the Account Contract, but the Financial Institution DUCA reserves the right to place a hold on all or some of the Accounts pending investigation of any Suspicious Circumstances. Any such hold or investigation is imposed or undertaken by the Financial Institution DUCA at the Financial InstitutionDUCA ’s sole discretion and for the Financial InstitutionDUCA ’s sole benefit. c) The Financial Institution DUCA will respond to reports of a problem or unauthorized Transaction within a reasonable period of time and will indicate what reimbursement, if any, will be made for any loss incurred by the DepositorMember. Reimbursement will be made for losses from a problem or unauthorized Transaction in this time frame provided that the Depositor Member has complied with these terms and conditions including without limitation this section 5. d) If the Depositor Member is not satisfied with the Financial InstitutionDUCA ’s response, the Financial Institution DUCA will provide the DepositorMember, upon request, with a written account of its investigation and the reason for its findings. If the Depositor Member is not satisfied, the issue will be referred for mediation to either a Financial Institution system dispute resolution service, or if no such service is available, to an external mediator if agreed between the Depositor Member and the Financial InstitutionDUCA. Neither the Financial Institution DUCA nor the Depositor Member will have the right to start court action until 30 days have passed since the problem was first raised with the Financial InstitutionDUCA.

Appears in 1 contract

Samples: Personal Member Agreement

PROCEDURES FOR ADDRESSING UNAUTHORIZED TRANSACTIONS AND FRAUDULENT ACCOUNT ACTIVITY. a) Where the Depositor Member knows of facts that give rise or ought to give rise to suspicion that any Transactions, instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to the Financial Institution DUCA or found invalid for any reason (“Suspicious Circumstances”), the Depositor Member has a duty to: i) make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and ii) disclose such Suspicious Circumstances to the Financial InstitutionDUCA, including the facts upon which the DepositorMember’s suspicion is based. b) The Financial Institution DUCA may, in its sole discretion, investigate any Suspicious Circumstances disclosed by the DepositorMember, but the Financial Institution DUCA does not owe the Depositor Member any obligation to undertake its own investigation of Suspicious Circumstances. The Financial Institution DUCA will not unreasonably restrict the Depositor Member from the use of the Account during such investigation, as long as it is reasonably evident that the Depositor Member or the Authorized Signatories and/or Authorized Users did not cause or contribute to the problem or unauthorized Transaction, has fully cooperated with the investigation, and has complied with the Account Contract, but the Financial Institution DUCA reserves the right to place a hold on all or some of the Accounts pending investigation of any Suspicious Circumstances. Any such hold or investigation is imposed or undertaken by the Financial Institution DUCA at the Financial InstitutionDUCA ’s sole discretion and for the Financial InstitutionDUCA ’s sole benefit. c) The Financial Institution DUCA will respond to reports of a problem or unauthorized Transaction within a reasonable period of time and will indicate what reimbursement, if any, will be made for any loss incurred by the DepositorMember. Reimbursement will be made for losses from a problem or unauthorized Transaction in this time frame provided that the Depositor Member has complied with these terms and conditions including without limitation this section 5. d) If the Depositor Member is not satisfied with the Financial InstitutionDUCA ’s response, the Financial Institution DUCA will provide the DepositorMember, upon request, with a written account of its investigation and the reason for its findings. If the Depositor Member is not satisfied, the issue will be referred for mediation to either a Financial Institution system dispute resolution service, or if no such service is available, to an external mediator if agreed between the Depositor Member and the Financial InstitutionDUCA. Neither the Financial Institution DUCA nor the Depositor Member will have the right to start court action until 30 days have passed since the problem was first raised with the Financial Institution.Business Member Agreement Terms and Conditions

Appears in 1 contract

Samples: Business Member Agreement

PROCEDURES FOR ADDRESSING UNAUTHORIZED TRANSACTIONS AND FRAUDULENT ACCOUNT ACTIVITY. a) Where the Depositor knows of facts that give rise or ought to give rise to suspicion that any Transactions, instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to the Financial Institution or found invalid for any reason (“Suspicious Circumstances”), the Depositor has a duty to: i) make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and ii) disclose such Suspicious Circumstances to the Financial Institution, including the facts upon which the Depositor’s suspicion is based. b) The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by the Depositor, but the Financial Institution does not owe the Depositor any obligation to undertake its own investigation of Suspicious Circumstances. The Financial Institution will not unreasonably restrict the Depositor from the use of the Account during such investigation, as long as it is reasonably evident that the Depositor or the Authorized Signatories and/or Authorized Users did not cause or contribute to the problem or unauthorized Transaction, has fully cooperated with the investigation, and has complied with the Account Contract, but the Financial Institution reserves the right to place a hold on all or some of the Accounts pending investigation of any Suspicious Circumstances. Any such hold or investigation is imposed or undertaken by the Financial Institution at the Financial Institution’s sole discretion and for the Financial Institution’s sole benefit. c) The Financial Institution will respond to reports of a problem or unauthorized Transaction within a reasonable period of time and will indicate what reimbursement, if any, will be made for any loss incurred by the Depositor. Reimbursement will be made for losses from a problem or unauthorized Transaction in this time frame provided that the Depositor has complied with these terms and conditions including without limitation this section 5. d) If the Depositor is not satisfied with the Financial Institution’s response, the Financial Institution will provide the Depositor, upon request, with a written account of its investigation and the reason for its findings. If the Depositor is not satisfied, the issue will be referred for mediation to either a Financial Institution system dispute resolution service, or if no such service is available, to an external mediator if agreed between the Depositor and the Financial Institution. Neither the Financial Institution nor the Depositor will have the right to start court action until 30 days have passed since the problem was first raised with the Financial Institution.

Appears in 1 contract

Samples: Business Contract

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PROCEDURES FOR ADDRESSING UNAUTHORIZED TRANSACTIONS AND FRAUDULENT ACCOUNT ACTIVITY. a) Where the Depositor knows of facts that give rise or ought to give rise to suspicion that any Transactions, instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to the Financial Institution Credit Union or found invalid for any reason (“Suspicious Circumstances”), the Depositor has a duty to: i) make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and and ii) disclose such Suspicious Circumstances to the Financial InstitutionCredit Union, including the facts upon which the Depositor’s suspicion is based. b) The Financial Institution Credit Union may, in its sole discretion, investigate any Suspicious Circumstances disclosed by the Depositor, but the Financial Institution Credit Union does not owe the Depositor any obligation to undertake its own investigation of Suspicious Circumstances. The Financial Institution Credit Union will not unreasonably restrict the Depositor from the use of the Account during such investigation, as long as it is reasonably evident that the Depositor or the Authorized Signatories and/or Authorized Users did not cause or contribute to the problem or unauthorized Transaction, has fully cooperated with the investigation, and has complied with the Account Contract, but the Financial Institution Credit Union reserves the right to place a hold on all or some of the Accounts pending investigation of any Suspicious Circumstances. Any such hold or investigation is imposed or undertaken by the Financial Institution Credit Union at the Financial Institution’s Credit Union's sole discretion and for the Financial Institution’s Credit Union's sole benefit. c) The Financial Institution Credit Union will respond to reports of a problem or unauthorized Transaction within a reasonable period of time and will indicate what reimbursement, if any, will be made for any loss incurred by the Depositor. Reimbursement will be made for losses from a problem or unauthorized Transaction in this time frame provided that the Depositor has complied with these terms and conditions including without limitation this section 5. d) If the Depositor is not satisfied with the Financial Institution’s Credit Union's response, the Financial Institution Credit Union will provide the Depositor, upon request, with a written account of its investigation and the reason for its findings. If the Depositor is not satisfied, the issue will be referred for mediation to either a Financial Institution Credit Union system dispute resolution service, or if no such service is available, to an external mediator if agreed between the Depositor and the Financial InstitutionCredit Union. Neither the Financial Institution Credit Union nor the Depositor will have the right to start court action until 30 days have passed since the problem was first raised with the Financial InstitutionCredit Union.

Appears in 1 contract

Samples: Account Agreement

PROCEDURES FOR ADDRESSING UNAUTHORIZED TRANSACTIONS AND FRAUDULENT ACCOUNT ACTIVITY. a) Where the Depositor Member knows of facts that give rise or ought to give rise to suspicion that any Transactions, instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to the Financial Institution DUCA or found invalid for any reason (“Suspicious Circumstances”), the Depositor Member has a duty to: i) make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized authorized. Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and ii) disclose such Suspicious Circumstances to the Financial InstitutionDUCA, including the facts upon which the DepositorMember’s suspicion is based. b) The Financial Institution DUCA may, in its sole discretion, investigate any Suspicious Circumstances disclosed by the DepositorMember, but the Financial Institution DUCA does not owe the Depositor Member any obligation to undertake its own investigation of Suspicious Circumstances. The Financial Institution DUCA will not unreasonably restrict the Depositor Member from the use of the Account during such duringsuch investigation, as long as it is reasonably evident that the Depositor Member or the Authorized Signatories and/or Authorized Users did not cause or contribute to the problem or unauthorized Transaction, has fully cooperated with the investigation, and has complied with the Account Contract, but the Financial Institution DUCA reserves the right to place a hold on all or some of the Accounts pending investigation of any Suspicious Circumstances. Any such hold or investigation is imposed or undertaken by the Financial Institution DUCA at the Financial InstitutionDUCA ’s sole discretion and for the Financial InstitutionDUCA ’s sole benefit. c) The Financial Institution DUCA will respond to reports of a problem or unauthorized Transaction within a reasonable period of time and will indicate what reimbursement, if any, will be made for any loss incurred by the DepositorMember. Reimbursement will be made for losses from a problem or unauthorized Transaction in this time frame provided that the Depositor Member has complied with these terms and conditions including without limitation this section 5. d) If the Depositor Member is not satisfied with the Financial InstitutionDUCA ’s response, the Financial Institution DUCA will provide the DepositorMember, upon request, with a written account of its investigation and the reason for its findings. If the Depositor Member is not satisfied, the issue will be referred for mediation to either a Financial Institution system dispute resolution service, or if no such service is available, to an external mediator if agreed between the Depositor Member and the Financial InstitutionDUCA. Neither the Financial Institution DUCA nor the Depositor Member will have the right to start court action until 30 days have passed since the problem was first raised with the Financial InstitutionDUCA.

Appears in 1 contract

Samples: Business Member Agreement

PROCEDURES FOR ADDRESSING UNAUTHORIZED TRANSACTIONS AND FRAUDULENT ACCOUNT ACTIVITY. a) Where the Depositor knows of facts that give rise or ought to give rise to suspicion that any Transactions, instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to the Financial Institution or found invalid for any reason (“Suspicious Circumstances”), the Depositor has a duty to: : i) make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and ii) disclose such Suspicious Circumstances to the Financial Institution, including the facts upon which the Depositor’s suspicion is based. . b) The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by the Depositor, but the Financial Institution does not owe the Depositor any obligation to undertake its own investigation of Suspicious Circumstances. The Financial Institution will not unreasonably restrict the Depositor from the use of the Account during such investigation, as long as it is reasonably evident that the Depositor or the Authorized Signatories and/or Authorized Users did not cause or contribute to the problem or unauthorized Transaction, has fully cooperated with the investigation, and has complied with the Account Contract, but the Financial Institution reserves the right to place a hold on all or some of the Accounts pending investigation of any Suspicious Circumstances. Any such hold or investigation is imposed or undertaken by the Financial Institution at the Financial Institution’s sole discretion and for the Financial Institution’s sole benefit. . c) The Financial Institution will respond to reports of a problem or unauthorized Transaction within a reasonable period of time and will indicate what reimbursement, if any, will be made for any loss incurred by the Depositor. Reimbursement will be made for losses from a problem or unauthorized Transaction in this time frame provided that the Depositor has complied with these terms and conditions including without limitation this section 5. . d) d) If the Depositor is not satisfied with the Financial Institution’s response, the Financial Institution will provide the Depositor, upon request, with a written account of its investigation and the reason for its findings. If the Depositor is not satisfied, the issue will be referred for mediation to either a Financial Institution system dispute resolution service, or if no such service is available, to an external mediator if agreed between the Depositor and the Financial Institution. Neither the Financial Institution nor the Depositor will have the right to start court action until 30 days have passed since the problem was first raised with the Financial Institution.

Appears in 1 contract

Samples: Personal Contract (Member and Account) Terms and Conditions

PROCEDURES FOR ADDRESSING UNAUTHORIZED TRANSACTIONS AND FRAUDULENT ACCOUNT ACTIVITY. a) Where the Depositor Member knows of facts that give rise or ought to give rise to suspicion that any Transactions, instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to the Financial Institution XXXX or found invalid for any reason (“Suspicious Circumstances”), the Depositor Member has a duty to: i) make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and ii) disclose such Suspicious Circumstances to the Financial InstitutionXXXX, including the facts upon which the DepositorMember’s suspicion is based. b) The Financial Institution XXXX may, in its sole discretion, investigate any Suspicious Circumstances disclosed by the DepositorMember, but the Financial Institution XXXX does not owe the Depositor Personal Member Agreement Terms and Conditions Member any obligation to undertake its own investigation of Suspicious Circumstances. The Financial Institution XXXX will not unreasonably restrict the Depositor Member from the use of the Account during such investigation, as long as it is reasonably evident that the Depositor or the Authorized Signatories and/or Authorized Users Member did not cause or contribute to the problem or unauthorized Transaction, has fully cooperated with the investigation, and has complied with the Account Contract, but the Financial Institution XXXX reserves the right to place a hold on all or some of the Accounts pending investigation of any Suspicious Circumstances. Any such hold or investigation is imposed or undertaken by the Financial Institution DUCA at the Financial InstitutionDUCA ’s sole discretion and for the Financial InstitutionDUCA ’s sole benefit. c) The Financial Institution XXXX will respond to reports of a problem or unauthorized Transaction within a reasonable period of time and will indicate what reimbursement, if any, will be made for any loss incurred by the DepositorMember. Reimbursement will be made for losses from a problem or unauthorized Transaction in this time frame provided that the Depositor Member has complied with these terms and conditions including without limitation this section 5. d) If the Depositor Member is not satisfied with the Financial InstitutionXXXX ’s response, the Financial Institution XXXX will provide the DepositorMember, upon request, with a written account of its investigation and the reason for its findings. If the Depositor Member is not satisfied, the issue will be referred for mediation to either a Financial Institution system dispute resolution service, or if no such service is available, to an external mediator if agreed between the Depositor Member and the Financial InstitutionDUCA. Neither the Financial Institution XXXX nor the Depositor Member will have the right to start court action until 30 days have passed since the problem was first raised with the Financial InstitutionXXXX.

Appears in 1 contract

Samples: Personal Member Agreement

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