Common use of Right of Off-Set Clause in Contracts

Right of Off-Set. In addition to any other rights that we may have, you agree that any deposits or future deposits in or other credits to any account in which you may now or in the future may have an interest are subject to our right of off-set for any liabilities, obligations, or other amounts owed to us by you (e.g., overdrafts and any related fees and charges) and such is applicable irrespective of any contribution to the account or source of funds in the account. Moreover, unless you opt-out of the Courtesy Pay Service (see below), you consent and expressly agree that the application of an off-set of funds in any account includes the off-set of government benefits (such as Social Security and other public benefit funds) deposited to the account from which the overdraft or related fees are paid. Each person who causes an overdraft, which is paid by us, is a maker and agrees to be individually and jointly obligated to repay the unpaid negative balance in accordance with the terms and conditions of this Courtesy Pay and Overdraft Disclosure. We reserve the right to limit the Courtesy Pay Service to one (1) account per household or member. Default – You will be in default under the terms of this Courtesy Pay and Overdraft Disclosure if you fail to live up to any of the terms and conditions set forth herein or you are in default on any loan obligation with us and/or a negative balance exists in any other deposit account with us on which you are an owner. If you are in default, in addition to any other rights we may have, we may temporarily suspend or terminate the Courtesy Pay Service or close your checking account and demand immediate payment of the entire unpaid negative balance. You also agree to pay any collection costs, attorneys’ fees, and court costs which we or you shall or may incur as a result of your default. We may terminate or suspend the Courtesy Pay Service at any time without prior notice. In no event shall any termination relieve you of your obligation to repay such sums already overdrafted, overdraft fees, collection costs, and attorneys’ fees, if any. We can delay enforcing any of our rights under this Agreement without losing them. Your Right to Opt-Out of the Courtesy Pay Service – If you prefer not to have the Courtesy Pay Service, please telephone us at (000) 000-0000 or (000) 000-0000, Monday - Tuesday from 8 a.m. - 5 p.m., Wednesday from 9 a.m. - 5 p.m., Thursday, 8 a.m. - 5 p.m., Friday, 8 a.m. - 6 p.m., or Saturday, 8 a.m. - 1 p.m., PT. and we will remove the Courtesy Pay Service from your checking account. If you opt-out of the Courtesy Pay Service, you will still be charged a fee for each item returned. Optional Overdraft Protection Transfer Plans – We have standard overdraft practices that come with your account under the Courtesy Pay Service. We also offer overdraft protection plans, such as a link to a regular share savings account, credit card, or line of credit account, which may be less expensive than our Courtesy Pay Service, and we recommend that you consider enrollment in such overdraft protection plans. If you apply and are approved for an overdraft protection plan and do overdraw your account, we will first transfer funds (to the extent available) under the overdraft protection plan prior to relying on the Courtesy Pay Service. The terms of such overdraft protection plans will be separately disclosed to you prior to enrollment. By enrolling in an overdraft protection plan, you authorize us to cover the overdraft from your linked Checking Account or Savings Account or by making a cash advance from your Line of Credit, if any, or make a withdrawal from other accounts on which you are a joint owner. If you have an Overdraft Line of Credit in conjunction with your Checking Account, then you may use that Line of Credit to fund any overdraft on your Checking Account including overdrafts caused by any Electronic Check Transactions, ATM or POS terminal access. You understand that you may not otherwise use your ATM Card(s) or Debit Card to overdraw your Savings Account or Checking Account, or your Line of Credit, if applicable. A transaction fee may be assessed (refer to the Consumer Schedule of Fees). To learn more, call us toll-free at (000) 000-0000 or (000) 000-0000, to discuss Overdraft Protection options and plans.

Appears in 4 contracts

Samples: Electronic Services Agreement, Electronic Services Agreement, Electronic Services Agreement

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Right of Off-Set. In addition to any other rights that we may have, you agree that any deposits or future deposits in or other credits to any account in which you may now or in the future may have an interest are subject to our right of off-set for any liabilities, obligations, or other amounts owed to us by you (e.g., overdrafts and any related fees and charges) and such is applicable irrespective of any contribution to the account or source of funds in the account. Moreover, unless you opt-out of the Courtesy Pay Service (see below), you consent and expressly agree that the application of an off-set of funds in any account includes the off-set of government benefits (such as Social Security and other public benefit funds) deposited to the account from which the overdraft or related fees are paid. Each person who causes an overdraft, which is paid by us, is a maker and agrees to be individually and jointly obligated to repay the unpaid negative balance in accordance with the terms and conditions of this Courtesy Pay and Overdraft Disclosure. We reserve the right to limit the Courtesy Pay Service to one (1) account per household or member. Default – You will be in default under the terms of this Courtesy Pay and Overdraft Disclosure if you fail to live up to any of the terms and conditions set forth herein or you are in default on any loan obligation with us and/or a negative balance exists in any other deposit account with us on which you are an owner. If you are in default, in addition to any other rights we may have, we may temporarily suspend or terminate the Courtesy Pay Service or close your checking account and demand immediate payment of the entire unpaid negative balance. You also agree to pay any collection costs, attorneys’ fees, and court costs which we or you shall or may incur as a result of your default. We may terminate or suspend the Courtesy Pay Service at any time without prior notice. In no event shall any termination relieve you of your obligation to repay such sums already overdrafted, overdraft fees, collection costs, and attorneys’ fees, if any. We can delay enforcing any of our rights under this Agreement without losing them. Your Right to Opt-Out of the Courtesy Pay Service – If you prefer not to have the Courtesy Pay Service, please telephone us at (000) 000-0000 or (000) 000-0000, Monday - Tuesday from 8 a.m. - 5 p.m., Wednesday from 9 a.m. - 5 p.m., Thursday, 8 a.m. - 5 p.m., Friday, 8 a.m. - 6 p.m., or Saturday, 8 a.m. - 1 p.m., PT. and we will remove the Courtesy Pay Service from your checking account. If you opt-out of the Courtesy Pay Service, you will still be charged a fee for each item returned. Optional Overdraft Protection Transfer Plans - We have standard overdraft practices that come with your account under the Courtesy Pay Serviceaccount. We also offer overdraft protection plans, such as a link to a regular share savings account, credit card, or line of credit account, which may be less expensive than our Courtesy Pay Service, and we recommend that you consider enrollment in such overdraft protection plans. If you apply and are approved for an overdraft protection plan and do overdraw your account, we will first transfer funds (to the extent available) under the overdraft protection plan prior to relying on the Courtesy Pay Serviceplan. The terms of such overdraft protection plans will be separately disclosed to you prior to enrollment. By enrolling in an overdraft protection plan, you authorize us to cover the overdraft from your linked Checking Account or Savings Account or by making a cash advance from your Line of Credit, if any, or make a withdrawal from other accounts on which you are a joint owner. If you have an Overdraft overdraft Line of Credit in conjunction with your Checking Account, then you may use that Line of Credit to fund any overdraft on your Checking Account including overdrafts caused by any Electronic Check Transactions, ATM or POS terminal access. You understand that you may not otherwise use your ATM Card(s) or Debit Card to overdraw your Savings Account or Checking Account, or your Line of Credit, if applicable. A transaction fee may be assessed (refer to the Consumer Schedule of Fees). To learn more, call us toll-free at (000) 000-0000 or (000) 000-0000, option 0, to discuss Overdraft Protection options and plans.

Appears in 2 contracts

Samples: Electronic Services Agreements and Disclosure, Electronic Services Agreements and Disclosure

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Right of Off-Set. In addition to any other rights that we may have, you agree that any deposits or future deposits in or other credits to any account in which you may now or in the future may have an interest are subject to our right of off-set for any liabilities, obligations, or other amounts owed to us by you (e.g., overdrafts and any related fees and charges) and such is applicable irrespective of any contribution to the account or source of funds in the account. Moreover, unless you opt-out of the Courtesy Pay Service (see below), you consent and expressly agree that the application of an off-set of funds in any account includes the off-set of government benefits (such as Social Security and other public benefit funds) deposited to the account from which the overdraft or related fees are paid. Each person who causes an overdraft, which is paid by us, is a maker and agrees to be individually and jointly obligated to repay the unpaid negative balance in accordance with the terms and conditions of this Courtesy Pay and Overdraft Disclosure. We reserve the right to limit the Courtesy Pay Service to one (1) account per household or member. Default – You will be in default under the terms of this Courtesy Pay and Overdraft Disclosure if you fail to live up to any of the terms and conditions set forth herein or you are in default on any loan obligation with us and/or a negative balance exists in any other deposit account with us on which you are an owner. If you are in default, in addition to any other rights we may have, we may temporarily suspend or terminate the Courtesy Pay Service or close your checking account and demand immediate payment of the entire unpaid negative balance. You also agree to pay any collection costs, attorneys’ fees, and court costs which we or you shall or may incur as a result of your default. We may terminate or suspend the Courtesy Pay Service at any time without prior notice. In no event shall any termination relieve you of your obligation to repay such sums already overdrafted, overdraft fees, collection costs, and attorneys’ fees, if any. We can delay enforcing any of our rights under this Agreement without losing them. Your Right to Opt-Out of the Courtesy Pay Service – If you prefer not to have the Courtesy Pay Service, please telephone us at (000) 000-0000 or (000) 000-0000, option 0, Monday - Tuesday from 8 a.m. - 5 p.m., Wednesday from 9 a.m. - 5 p.m., Thursday, 8 a.m. - 5 p.m., through Friday, 8 9:00 a.m. - 6 p.m., or Saturday, 8 a.m. - 1 p.m., PT. to 5:00 p.m. and we will remove the Courtesy Pay Service from your checking account. If you opt-out of the Courtesy Pay Service, you will still be charged a fee for each item returned. Optional Overdraft Protection Transfer Plans – We have standard overdraft practices that come with your account under the Courtesy Pay Service. We also offer overdraft protection plans, such as a link to a regular share savings account, credit card, or line of credit account, which may be less expensive than our Courtesy Pay Service, and we recommend that you consider enrollment in such overdraft protection plans. If you apply and are approved for an overdraft protection plan and do overdraw your account, we will first transfer funds (to the extent available) under the overdraft protection plan prior to relying on the Courtesy Pay Service. The terms of such overdraft protection plans will be separately disclosed to you prior to enrollment. By enrolling in an overdraft protection plan, you authorize us to cover the overdraft from your linked Checking Account or Savings Account or by making a cash advance from your Line of Credit, if any, or make a withdrawal from other accounts on which you are a joint owner. If you have an Overdraft Line of Credit in conjunction with your Checking Account, then you may use that Line of Credit to fund any overdraft on your Checking Account including overdrafts caused by any Electronic Check Transactions, ATM or POS terminal access. You understand that you may not otherwise use your ATM Card(s) or Debit Card to overdraw your Savings Account or Checking Account, or your Line of Credit, if applicable. A transaction fee may be assessed (refer to the Consumer Schedule of Fees). To learn more, call us toll-free at (000) 000-0000 or (000) 000-0000, option 0, to discuss Overdraft Protection options and plans.

Appears in 1 contract

Samples: Electronic Services Agreement

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