Third-Party Senders Sample Clauses

Third-Party Senders. When Customer is acting in the capacity of a Third-Party Sender, as defined by the Rules, the following additional terms and conditions shall apply with regard to the initiation of ACH transactions by Customer on behalf of one or more commercial companies other than Customer, with Bank acting as ODFI for the purpose of processing and settling such entries: a. It shall be the responsibility of Customer to ensure the origination of ACH transactions complies with U.S. law, and as such, Customer represents and warrants that it will not transmit to Bank any Entries that violate U.S. law and that its Originator(s) will not initiate Entries that violate U.S. law. b. Unless otherwise defined herein, capitalized terms shall have the meanings provided in the Rules. The term "Entries" shall have the meaning provided in the Rules and shall also mean the data received from Customer hereunder from which the Bank prepares Entries. c. For Entries of which Customer is not the Originator, Customer represents and warrants that each Originator has agreed to assume the responsibilities of an Originator under the Rules and has entered into a valid written agreement with its Originator that satisfies the requirements of Subsection 2.2.1.1 of the Rules (the “Originating Agreement”). d. It is the responsibility of Customer, when acting in the capacity of the Third-Party Sender, to set, monitor, and review exposure limits for Originators or other third-party senders with which it has relationships. e. In the event the Customer or any of its Originators violates any of the applicable Rules and NACHA imposes a fine on Bank because of the Third-Party Sender’s violation, Bank may charge the fine to Customer. f. In addition to any other duties, responsibilities, warranties, representations and liabilities under this Agreement, for each Entry transmitted by Customer to Bank, except for any Entry initiated by Customer as an Originator, Customer represents and warrants to Bank and agrees that Customer shall perform all duties and assume all responsibilities of a Third-Party Sender in accordance with the Rules and accordingly, Customer shall. (a) perform all of the duties, including, but not limited to, the duty to identify Originators; (b) assume all of the responsibilities, including, but not limited to, the responsibilities of ODFIs and Originators; (c) make all of the warranties, including, but not limited to, the warranties of ODFIs and the warranty that Originators have agreed to assu...
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Third-Party Senders. If you are a Third-Party Sender, as defined in the ACH Rules, the following additional terms shall apply: i. You agree to assume all liabilities and duties as a Third-Party Sender in accordance with the ACH Rules and assumes all liability for failure of a Client to perform its obligations as an Originator. ii. You authorize us to charge your account for any fines or penalties assessed by NACHA, OFAC or any organization incurred as a result of non-compliance by your or its Clients. iii. You are responsible to, and shall provide, us a list of all Clients where it acts on their behalf as a Third-Party Sender and agrees to provide information including the Client name, address, and any additional information required by us. iv. We must approve any new Client prior to you originating Entries for the Client. v. You must enter into a written agreement with its Clients to establish the following terms: • Clients shall be bound by the ACH Rules. • Clients assume the responsibilities and obligations of an Originator. • Clients are required to obtain authorization from every Receiver for all ACH Entries in accordance with ACH Rules. • You shall be permitted to set and modify exposure limits for Client activity. vi. You shall conduct regular audits of their Clients. vii. You acknowledge and agrees that it will be responsible for establishing and maintaining procedures to conduct periodic audits of its Clients to ensure the Client’s ACH Rule compliance and monitor its Clients’ creditworthiness and exposure. viii. You agree to permit us to audit the customer’s risk management processes, ACH Rules compliance, and credit analysis procedures to ensure you can meet our ix. You agree not to be a Nested Third-Party Sender as defined by the ACH Rules. x. You have the sole responsibility to fulfill any compliance requirements or obligations that you may have with respect to its Client. xi. You must conduct “know your customer” due diligence and obtain and verify that Entries originated through Bank are for the Client’s lawful business activity. xii. You shall establish and maintain policies and procedures reasonably designed to comply with the laws on money laundering and terrorist financing, and the laws administered by OFAC. xiii. We shall not be liable for any damages or losses to you due to claims made by any Clients in connection with an arrangement by which you agree to transmit Entries for the Client.
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Third-Party Senders. When Customer is acting in the capacity of a Third-Party Sender, as defined by the Rules, the following additional terms and conditions shall apply with regard to the initiation of ACH transactions by Customer on behalf of one or more commercial companies other than Customer, with Bank acting as ODFI for the purpose of processing and settling such entries: a. It shall be the responsibility of Customer to ensure the origination of ACH transactions complies with U.S. law, and as such, Customer represents and warrants that it will not transmit to Bank any Entries that violate U.S. law and that its Originator(s) will not initiate Entries that violate U.S. law. b. Unless otherwise defined herein, capitalized terms shall have the meanings provided in the Rules. The term "Entries" shall have the meaning provided in the Rules and shall also mean the data received from Customer hereunder from which the Bank prepares Entries. c. For Entries of which Customer is not the Originator, Customer represents and warrants that each Originator has agreed to assume the responsibilities of an Originator under the Rules and has entered into a valid written agreement with its Originator that satisfies the requirements of Subsection 2.2.1.1 of the Rules ( the “Originating Agreement”).
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Third-Party Senders. A third-party sender is a processing intermediary between WesBanco and the end-user of ACH payments. Third-party senders must complete and execute Schedule F attesting to their eligibility and relationship both at inception of the service and at least annually thereafter.
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Third-Party Senders. (a) Obligations of You as a Third-Party Sender under the Rules. In addition to any other duties, responsibilities, warranties, representations and liabilities under this Agreement, for each Entry transmitted by the You to the Us, except for any Entry initiated by You as an Originator, You represent and warrant to Us and agree You shall (a) perform all of the duties, including, but not limited to, the duty to identify Originators; (b) assume all of the responsibilities, including, but not limited to, the responsibilities of ODFIs and Originators; (c) make all of the warranties, including, but not limited to, the warranties of ODFIs and the warranty that Originators have agreed to assume the responsibilities of Originators under the Rules; (d) make all of the representations; and (e) assume all of the liabilities, including, but not limited to, liability for indemnification for failure of an Originator to perform its obligations as an Originator; of a Third-Party Sender in accordance with the Rules. You must conduct or have conducted an annual audit of its compli- ance with the Rules in accordance with Appendix Eight of the ACH Rules by December 31 each year. (b) Identification of Originators. You will provide Us with any information We rea- sonably deem necessary to identify each Originator for which You transmit Entries. Such information will be provided to Us upon request by Us, within two banking days of the receipt of the request. You shall notify Us of any new Originators and obtain approval from Us prior to initiating Entries.
Sample 1
Third-Party Senders. Where Company or a Third Party is a Third Party Sender under the ACH Rules, Company shall ensure that (i) iStream is provided with any information requested by iStream to identify each Originator for whom Entries are transmitted within 2 banking days of iStream’s request, and
Sample 1
Third-Party Senders. In the event you are originating Entries on behalf of third parties, such as your customers, such third parties are deemed the “Originator” and are a “Third Party Sender” under the NACHA Rules and as used herein. In addition to any other duties, responsibilities, warranties, representations and liabilities under this Agreement, with respect to any Entry initiated by you as a Third-Party Sender you represent, warrant and agree to the following:
Sample 1
Third-Party Senders. Company shall not originate ACH transactions on behalf of third parties unless Company obtains i. Bank’s consent; ii. the Third-Party Sender’s execution of this Agreement; and iii. the Third-Party Sender’s execution of the Third- Party Sender Agreement, attached hereto as Exhibit G.
Sample 1

Related to Third-Party Senders

  • Third Party Services Any services required for or contemplated by the performance of the above-referenced services by the Administrator to be provided by unaffiliated third parties (including independent auditors’ fees and counsel fees) may, if provided for or otherwise contemplated by the Financing Order and if the Issuer deems it necessary or desirable, be arranged by the Issuer or by the Administrator at the direction (which may be general or specific) of the Issuer. Costs and expenses associated with the contracting for such third-party professional services may be paid directly by the Issuer or paid by the Administrator and reimbursed by the Issuer in accordance with Section 2, or otherwise as the Administrator and the Issuer may mutually arrange.

  • Third Party Service Providers Unless otherwise prohibited by Apple in the Documentation or this Agreement, You are permitted to employ or retain a third party (“Service Provider”) to assist You in using the Apple Software and Services provided pursuant to this Agreement, including, but not limited to, engaging any such Service Provider to maintain and administer Your Applications’ servers on Your behalf, provided that any such Service Provider’s use of the Apple Software and Services or any materials associated therewith is done solely on Your behalf and only in accordance with these terms. Notwithstanding the foregoing, You may not use a Service Provider to submit an Application to the App Store or use TestFlight on Your behalf. You agree to have a binding written agreement with Your Service Provider with terms at least as restrictive and protective of Apple as those set forth herein. Any actions undertaken by any such Service Provider in relation to Your Applications or use of the Apple Software or Apple Services and/or arising out of this Agreement shall be deemed to have been taken by You, and You (in addition to the Service Provider) shall be responsible to Apple for all such actions (or any inactions). In the event of any actions or inactions by the Service Provider that would constitute a violation of this Agreement or otherwise cause any harm, Apple reserves the right to require You to cease using such Service Provider.

  • Third Party Users If required by Applicable Laws and Regulations or if the Parties mutually agree, such agreement not to be unreasonably withheld, to allow one or more third parties to use the Connecting Transmission Owner’s Attachment Facilities, or any part thereof, Developer will be entitled to compensation for the capital expenses it incurred in connection with the Attachment Facilities based upon the pro rata use of the Attachment Facilities by Connecting Transmission Owner, all third party users, and Developer, in accordance with Applicable Laws and Regulations or upon some other mutually-agreed upon methodology. In addition, cost responsibility for ongoing costs, including operation and maintenance costs associated with the Attachment Facilities, will be allocated between Developer and any third party users based upon the pro rata use of the Attachment Facilities by Connecting Transmission Owner, all third party users, and Developer, in accordance with Applicable Laws and Regulations or upon some other mutually agreed upon methodology. If the issue of such compensation or allocation cannot be resolved through such negotiations, it shall be submitted to FERC for resolution.

  • Third Party Websites The Service may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided as a convenience only. Such Third Party Websites are not under our control. We are not responsible for the content of any Third Party Website or any link contained in a Third Party Website. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Service, Debit Rewards Offers or any other services provided in connection with them is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information contained in any Third Party Website. In no event will we be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from ours. We are not responsible for such provisions, and expressly disclaim any liability for them.

  • Third Party Sites The Platform may provide links to third-party web sites. Third parties and third party web sites may have different privacy policies, terms and conditions and business practices than we do. Your dealings or communications with any party other than the Company are solely between you and that third party. Reference on the Site to any product, process, publication or service of any third party by trade name, domain name, trademark, trade identity, service xxxx, logo, and manufacturer or otherwise does not constitute or imply its endorsement or recommendation by the Company.

  • THIRD PARTY WEBSITES AND CONTENT The Website contains (or you may be sent through the Website or the Company Services) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. Company reserves the right but does not have the obligation to: