Common use of Provisions Applicable to All Accounts Clause in Contracts

Provisions Applicable to All Accounts. (a) This Agreement and Merchant authorize Bank to initiate and make deposits and withdrawals from the Settlement Account, the Reserve Account and any account to which Bank has access which may be transmitted electronically or accessed through ACH, or to delay or place holds on any amounts in such accounts in order to protect any of Bank’s rights and to obtain payment of any amount due Bank under this Agreement, including, without limitation, fees, charges and discount rates, without any further notice or demand. Merchant agrees that any depository bank shall comply with instructions originated by Bank directing dispositions of the funds in those accounts without any further consent required by Merchant unless required by applicable law. If required, Merchant authorizes Bank to enter into any agreement with any depository institution for this purpose, including on behalf of Merchant, to effect the security interest granted to Bank below. Merchant agrees to enter into any such agreement. Merchant will confirm to any institution holding any account of Merchant the existence of this authorization and direct it to comply with Bank’s directions. Merchant will not change any such confirmation or direction without Bank’s prior written consent. Any such confirmation, direction or authorization will remain in effect for at least 180 days after termination of this Agreement or, in Bank’s discretion, longer to process trailing activity. Bank may, without notice, delay or stop making payments to Merchant or setoff, retain or otherwise hold (or direct Merchant's financial institution to place a hold on) any funds (i) to protect itself against losses, Chargebacks, any amounts due or to become due under this Agreement, (ii) based on Merchant’s financial condition or (iii) in the event Merchant submits transactions that are not authorized or do not conform to this Agreement, the Operating Manual, the Operating Regulations or applicable law, including transactions subject to verification by any Card Association or cardholder. Merchant agrees that Bank shall not be liable for any losses, either direct or indirect, due to holding of funds, suspension of processing, termination of this Agreement or any dishonour of any Item by a financial institution or Merchant’s depository bank as a result of these actions. Merchant agrees to promptly notify Bank of any discrepancy within thirty (30) days of receipt of any statement regarding Merchant’s accounts, or such statements will be deemed to have been accepted as accurate by Merchant. Any account is subject to review, verification, acceptance and audit by Bank. Bank may return Items to Merchant for correction.

Appears in 2 contracts

Samples: Merchant Services Agreement, Merchant Services Agreement

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Provisions Applicable to All Accounts. (a) This Agreement and Merchant you authorize Bank us to initiate and make deposits and withdrawals from the Settlement Account, the Reserve Account and any account to which Bank has access which may be electronically transmitted electronically or accessed through ACH, an ACH or to delay or place holds on any amounts in such accounts in order to protect any of Bank’s our rights and to obtain payment of any amount due Bank us under this Agreement, including, without limitation, including fees, charges and discount rates, discounts without any further notice or demand. Merchant agrees that any depository bank shall comply with instructions originated by Bank directing dispositions of the funds in those accounts without any further consent required by Merchant unless required by applicable law. If required, Merchant authorizes Bank to enter into any agreement with any depository institution for this purpose, including on behalf of Merchant, to effect the security interest granted to Bank below. Merchant agrees to enter into any such agreement. Merchant You will confirm to any institution holding any account of Merchant the existence of this authorization and direct it them to comply with Bank’s directions. Merchant our directions and you will not change any such confirmation or direction without Bank’s our prior written consent. Any such confirmation, direction or authorization will remain in effect for at least 180 days after termination of this Agreement orAgreement, or in Bank’s our discretion, longer to process trailing activitylonger. Bank We may, without notice, delay or stop making payments to Merchant or setoffyou, set off, retain or otherwise hold (or direct Merchant's your financial institution to place a hold onhold) on any funds (i) to protect itself ourselves against losses, . Chargebacks, any amounts due or to become due under this Agreement, (ii) or based on Merchant’s your financial condition or (iii) in the event Merchant submits you submit transactions that which are not authorized or authorized, do not conform to this Agreement, the Operating Manual, the Operating Regulations or applicable law, law including transactions subject to verification by any Card Association or cardholder. Merchant agrees You agree that Bank shall will not be liable for any losses, losses either direct or indirect, indirect due to holding of funds, suspension of processing, termination of this Agreement or any dishonour of dishonor or any Item by a financial institution or Merchant’s depository bank item as a result of these actions. Merchant agrees You agree to promptly notify Bank us of any discrepancy within thirty (30) 10 days of receipt of any statement regarding Merchant’s your accounts, or such statements will be deemed to have been accepted as accurate by Merchant. Any account is subject to review, verification, acceptance and audit by Bank. Bank may return Items items to Merchant you for correction. YOU GRANT BANK A LIEN AND SECURITY INTEREST IN THE SETTLEMENT ACCOUNT, THE RESERVE ACCOUNT, ALL ITEMS (INCLUDING FUTURE ITEMS), ANY RIGHTS TO RECEIVE CREDITS OR PAYMENTS UNDER THIS AGREEMENT AND ALL DEPOSITS AND OTHER PROPERTY OF YOURS THAT BANK OR ITS AFFILIATES MAINTAIN (INCLUDING THE PROCEEDS THEREOF), AND YOU WILL EXECUTE, DELIVER ANY PAY THE FEES FOR ANY DOCUMENTS WE REQUEST TO CREATE, PERFECT, MAINTAIN AND ENFORCE THIS SECURITY INTEREST. TO THE EXTENT PERMITTED BY LAW, YOU IRREVOCABLY AUTHORIZE BANK TO EXECUTE ANY FINANCING STATEMENTS OR OTHER DOCUMENTS NECESSARY RELATED TO THIS SECURITY INTEREST. Merchant represents and warrants that no other person or entity has a security interest therein and that this security interest secures your obligations to us under this Agreement. Bank shall have all rights of a secured party and Merchant must obtain the prior written consent of Bank before granting any subsequent security interest. Merchant agrees that these accounts and secured property shall not be subject to any preference, claim, or stay by reason of any bankruptcy or insolvency law.

Appears in 2 contracts

Samples: Merchant Services Agreement, Merchant Services Agreement (Udate Com Inc)

Provisions Applicable to All Accounts. (a) This Agreement and Merchant you authorize Bank us to initiate and make deposits and withdrawals from the Settlement Account, the Reserve Account and any account to which Bank has access which may be electronically transmitted electronically or accessed through an automated clearing house ("“ACH, ”) association or to delay or place holds on any amounts in such accounts in order to protect any of Bank’s our rights and to obtain payment of any amount due Bank us under this Agreement, including, without limitation, including fees, charges and discount rates, discounts without any further notice or demand. Merchant agrees that any depository bank shall comply with instructions originated by Bank directing dispositions of the funds in those accounts without any further consent required by Merchant unless required by applicable law. If required, Merchant authorizes Bank to enter into any agreement with any depository institution for this purpose, including on behalf of Merchant, to effect the security interest granted to Bank below. Merchant agrees to enter into any such agreement. Merchant You will confirm to any institution holding any account of Merchant the existence of this authorization and direct it them to comply with Bank’s directions. Merchant our directions and you will not change any such confirmation or direction without Bank’s our prior written consent. Any such confirmation, direction or authorization will remain in effect for at least 180 days after termination of this Agreement orAgreement, or in Bank’s our discretion, longer to process trailing activitylonger. Bank We may, without notice, delay or stop making payments to Merchant or setoffyou, set off, retain or otherwise hold (or direct Merchant's financial institution your bank to place a hold onhold) on any funds (i) to protect itself ourselves against losses, Chargebackschargebacks, any amounts due or to become due under this Agreement, (ii) or based on Merchant’s your financial condition or (iii) in the event Merchant submits you submit transactions that which are not authorized or authorized, do not conform to this Agreement, the Operating Manual, the Operating Regulations or applicable law, including transactions subject to verification by any Card Association or cardholder. Merchant agrees You agree that Bank shall will not be liable for any losses, either direct or indirect, due to holding of funds, suspension of processing, termination of this Agreement or any dishonour dishonor of any Item by a financial institution or Merchant’s depository bank item as a result of these actions. Merchant agrees You agree to promptly notify Bank us of any discrepancy within thirty (30) 10 days of or receipt of any statement regarding Merchant’s your accounts, or such statements will be deemed to have been accepted as accurate by Merchant. Any account is subject to review, verification, acceptance and audit by Bank. Bank may return Items items to Merchant you for correction. YOU GRANT BANK A LIEN AND SECURITY INTEREST IN THE SETTLEMENT ACCOUNT, THE RESERVE ACCOUNT, ALL ITEMS AND ALL DEPOSITS AND OTHER PROPERTY OF YOURS THAT BANK OR ITS AFFILIATES MAINTAIN (INCLUDING THE PROCEEDS THEREOF), AND YOU WILL EXECUTE, DELIVER AND PAY THE FEES FOR ANY DOCUMENTS WE REQUEST TO CREATE, PERFECT, MAINTAIN AND ENFORCE THIS SECURITY INTEREST. TO THE EXTENT PERMITTED BY LAW, YOU IRREVOCABLE AUTHORIZE BANK TO EXECUTE ANY FINANCING STATEMENT OR OTHER DOCUMENTS NECESSARY RELATED TO THIS SECURITY INTEREST. These accounts shall not be subject to any preference, claim, or stay by reason of any bankruptcy or insolvency law.

Appears in 1 contract

Samples: Merchant Services Agreement

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Provisions Applicable to All Accounts. (a) This Agreement and Merchant authorize Bank to initiate and make deposits and withdrawals from the Settlement Account, the Reserve Account and any account to which Bank has access which may be transmitted electronically or accessed through ACH, or to delay or place holds on any amounts in such accounts in order to protect any of Bank’s rights and to obtain payment of any amount due Bank under this Agreement, including, without limitation, fees, charges and discount rates, without any further notice or demand. Merchant Xxxxxxxx agrees that any depository bank shall comply with instructions originated by Bank directing dispositions of the funds in those accounts without any further consent required by Merchant unless required by applicable law. If required, Merchant authorizes Bank to enter into any agreement with any depository institution for this purpose, including on behalf of Merchant, to effect the security interest granted to Bank below. Merchant Xxxxxxxx agrees to enter into any such agreement. Merchant will confirm to any institution holding any account of Merchant the existence of this authorization and direct it to comply with Bank’s directions. Merchant will not change any such confirmation or direction without Bank’s prior written consent. Any such confirmation, direction or authorization will remain in effect for at least 180 days after termination of this Agreement or, in Bank’s discretion, longer to process trailing activity. Bank may, without notice, delay or stop making payments to Merchant or setoff, retain or otherwise hold (or direct Merchant's financial institution to place a hold on) any funds (i) to protect itself against losses, Chargebacks, any amounts due or to become due under this Agreement, (ii) based on Merchant’s financial condition or (iii) in the event Merchant submits transactions that are not authorized or do not conform to this Agreement, the Operating Manual, the Operating Regulations or applicable law, including transactions subject to verification by any Card Association or cardholder. Merchant Xxxxxxxx agrees that Bank shall not be liable for any losses, either direct or indirect, due to holding of funds, suspension of processing, termination of this Agreement or any dishonour of any Item by a financial institution or Merchant’s depository bank as a result of these actions. Merchant Xxxxxxxx agrees to promptly notify Bank of any discrepancy within thirty (30) days of receipt of any statement regarding MerchantXxxxxxxx’s accounts, or such statements will be deemed to have been accepted as accurate by Merchant. Any account is subject to review, verification, acceptance and audit by Bank. Bank may return Items to Merchant for correction.

Appears in 1 contract

Samples: Merchant Services Agreement

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