User Representations and Warranties. By subscribing hereto, you, on becoming a User, requesting access and when using the mRDC Service authorize, represent and warrant as follows: (1) The Bank, Q2, Ensenta and any of their processing agent(s) are authorized to use, copy, modify, display and distribute any information, data, materials or other content, both confidential and non- confidential, that the User provides to such processing agents for the purpose of providing the Services; (2) You have the right to authorize and permit the Bank, Q2, Ensenta and/or their processing agents to access your accounts to effect mobile remote deposit capture (“mRDC”) deposit transmissions or for any other purpose authorized by the Agreement and this Addendum; (3) By disclosing account and Check information to the Bank, Q2, Ensenta and/or their processing agents, and allowing us and them to use such information, you are not violating any third party rights; (4) The information provided to the Bank, Q2, Ensenta and their processing agents is and shall continue to be true, current, correct and complete; (5) The Bank, Q2, Ensenta and their processing agent(s) may rely upon all data, images or other information provided by the End User or Authorized person when using the mRDC Service; (6) Upon each deposit transmission, and for each Check or other item in any deposit, you further represent and warrant to the Bank that: (A) You will only transmit Eligible Checks through the mRDC Service; (B) You will not transmit any duplicate Checks or items that have been previously deposited or submitted to any financial institution (which were not eligible for redeposit); (C) You are a person entitled to enforce each instrument, Check or item; (D) All signatures required for transfer of the Checks (including, but not limited to, the endorsement of any third-party payee) appear thereon, and are authorized and authentic; (E) No Check or item has been materially altered; (F) No Check or item is or will become subject to any defense or claim of recoupment by any party that could be asserted against the Client; (G) You are not aware of any circumstance that could impair the collectability of any such Check or item; (H) You have no knowledge of any receivership or other insolvency proceeding commenced with respect to the maker or drawer of any such Check or item; (I) All data on Checks sent to the Bank accurately contain the RTN, account number, Check number and amount of such Check; (J) The image transmitted of each such Check or item accurately represents the entire image of the front and back thereof as of the time of your remote capture; (K) Each such image shall be legible; (L) No Check or item has been deposited previously (either conventionally or electronically) unless returned unpaid only once for insufficient funds; (M) Nor will any such Check or item subsequently be deposited (conventionally or electronically) unless such Check has been returned only once unpaid for insufficient funds; (N) No Check or item shall constitute a remotely created Check (as defined in Regulation CC); (O) You have no knowledge that any Check or item is subject to a stop payment order, legal process or other restraint; (P) No Check or item deposit amount exceeds the dollar limits set forth above at Section II; and (Q) You will comply with the Bank’s Rules, as may be amended, at all times. (7) You hereby appoint the Bank, Q2, Ensenta and their processing agents as your true and lawful attorney(s)-in-fact to access your Account information, Check or item images and data, but only for purposes of performing the Services hereunder, including but not limited to, the handling of each remote deposit capture and transmission, and effectuating such acts as may be required or necessary to be done hereunder in the forwarding of Checks or items for collection, presentment, clearing and settlement, and, further, for verifying the content and authenticity of any instruction for the purposes of security procedures applicable to your Accounts and the mRDC Service, for all intents and purposes as the User might or could do in person; and (8) You acknowledge and agree that upon a breach of any of your representations and warranties set forth herein, you shall be liable for damages equal to the actual pecuniary loss suffered or incurred by the Bank as a result, including, without limitation, all damages otherwise recoverable against a depository or collecting bank as a result of the warranties and obligations relating to the presentment of Checks or items into the collection stream under state and federal law, including, but not limited to, the NY UCC and Federal Reserve Board Regulations J and CC, which obligations are hereby assumed by you, the End User.
Appears in 1 contract
User Representations and Warranties. By subscribing hereto, you, on becoming a User, requesting access and when using the mRDC PayAnyone Service you authorize, represent and warrant as follows:
(1) The You have the right and do hereby authorize and permit the Bank, Q2, Ensenta Acculynk and/or their processing agents to access the your account(s) at the Bank to effect instructions and complete your PayAnyone submissions or transactions or for any of other purpose contemplated under the Agreement and Addenda;
(2) By disclosing to and allowing us, such entities and processing agents to use such information, you are not violating any third party rights;
(3) The information provided to the Bank, Q2, Acculynk and their processing agents is and shall continue to be true, current, correct and complete;
(4) Xxx Xxxx, X0, Xxxxxxxx and their processing agent(s) may rely upon all data, images or other information provided by the User or Authorized person when using the PayAnyone Service.
(5) Xxx Xxxx, X0, Xxxxxxxx and their processing agents are authorized to use, configure, copy, modify, display and distribute any information, data, materials or other content, both confidential and non- non-confidential, that the User provides you provide to us or such other entities and/or processing agents for the purpose purposes of providing the Services;
(26) You have the right to authorize and permit the BankIn addition, Q2, Ensenta and/or their processing agents to access your accounts to effect mobile remote deposit capture (“mRDC”) deposit transmissions or for any other purpose authorized by the Agreement and this Addendum;
(3) By disclosing account and Check information to the Bank, Q2, Ensenta and/or their processing agents, and allowing us and them to use such informationupon each submission of a P2P request using PayAnyone, you are not violating any third party rights;
(4) The information provided to the Bank, Q2, Ensenta and their processing agents is and shall continue to be true, current, correct and complete;
(5) The Bank, Q2, Ensenta and their processing agent(s) may rely upon all data, images or other information provided by the End User or Authorized person when using the mRDC Service;
(6) Upon each deposit transmission, and for each Check or other item in any deposit, you further represent and warrant to the Bank that:
(A) : You will only transmit Eligible Checks through have authorized the mRDC Service;
(B) registration of your Apple Bank Debit Card for use with the PayAnyone Service; You will not transmit use the Service for any duplicate Checks unlawful purpose or items that have been previously deposited in contravention of this Addendum or submitted to any financial institution (which were not eligible for redeposit);
(C) the Agreement; You are a person entitled to enforce each instrumentmake a P2P request hereunder; You authorize and instruct the Bank, Check Q2, Acculynk and their processing agents to send emails and text messages to recipients; The recipients have given you permission for all purposes hereunder; That any funds requested from a recipient shall not be for any Prohibited Use under Section III, Terms of Use, Subsection 1, set forth above; No P2P submission or item;
(D) All signatures required for transfer transaction initiated through your use of the Checks (includingPayAnyone Service will contain any incorrect or misleading email address, but not limited to, the endorsement of any third-party payee) appear thereon, and are authorized and authentic;
(E) name or other information regarding a recipient. No Check such P2P submission or item has been materially altered;
(F) No Check or item transaction is or will become subject to any defense or claim of recoupment by any party that could be asserted against the Client;
(G) You are not aware of ; No such P2P submission or transaction will exceed any circumstance that could impair the collectability of any such Check or item;
(H) You have no knowledge of any receivership or other insolvency proceeding commenced with respect to the maker or drawer of any such Check or item;
(I) All data on Checks sent to the Bank accurately contain the RTN, account number, Check number and amount of such Check;
(J) The image transmitted of each such Check or item accurately represents the entire image of the front and back thereof as of the time of your remote capture;
(K) Each such image shall be legible;
(L) No Check dollar amount or item has been deposited previously (either conventionally or electronically) unless returned unpaid only once for insufficient funds;
(M) Nor will any such Check or item subsequently be deposited (conventionally or electronically) unless such Check has been returned only once unpaid for insufficient funds;
(N) No Check or item shall constitute a remotely created Check (as defined in Regulation CC);
(O) You have no knowledge that any Check or item is subject to a stop payment order, legal process or other restraint;
(P) No Check or item deposit amount exceeds the dollar transaction frequency limits set forth above at Section IIby the Bank; and
(Q) and You will comply with the Bank’s Rules, as may be amended, at all times.
(7) You hereby appoint the Bank, Q2, Ensenta Acculynk and their processing agents as your true and lawful attorney(s)-in-fact to access your Account information, Check or item images and Debit Card information and data, but only for purposes of performing the Services hereunder, including but not limited to, the handling of each remote deposit capture P2P request submission and transmission, and effectuating such acts transaction as may be required or necessary to be done hereunder in the forwarding of Checks or items for collection, presentment, clearing and settlement, and, further, for verifying the content and authenticity of any instruction for the purposes of security procedures applicable to your Accounts and the mRDC PayAnyone Service, for as to all intents and purposes as the User might or could do in person; and
(8) You acknowledge and agree that upon a breach of any of your representations and warranties set forth herein, you shall be liable for damages equal to the actual pecuniary loss suffered or incurred by the Bank as a result, including, without limitation, all damages otherwise recoverable against a depository or collecting bank as a result of the warranties and obligations relating to the presentment of Checks or items into the collection stream Bank under state and federal applicable law, including, but not limited to, the NY UCC and Federal Reserve Board Regulations J and CCNACHA Rules or Network Rules, which obligations are hereby assumed by you, the End Userassumed.
Appears in 1 contract
User Representations and Warranties. By subscribing hereto, you, on becoming a an User, requesting access and when using the mRDC Service authorize, represent and warrant as follows:
(1) The Bank, Q2, Ensenta and any of their processing agent(s) are authorized to use, copy, modify, display and distribute any information, data, materials or other content, both confidential and non- non-confidential, that the User provides to such processing agents for the purpose of providing the Services;Services;
(2) You have the right to authorize and permit the Bank, Q2, Ensenta and/or their processing agents to access the your accounts to effect mobile remote deposit capture (“mRDC”) deposit transmissions or for any other purpose authorized by the Agreement and this Addendum;Addenda;
(3) By disclosing account and Check information to the Bank, Q2, Ensenta and/or their processing agents, and allowing us us, such entities and them processing agents to use such information, you are not violating any third party rights;
(4) The information provided to the Bank, Q2, Ensenta and their processing agents is and shall continue to be true, current, correct and complete;
(5) The Bank, Q2, Ensenta and their processing agent(s) may rely upon all data, images or other information provided by the End User or Authorized person when using the mRDC Service;.
(6) Upon each deposit transmission, and for each Check check or other item in any deposit, you further represent and warrant to the Bank that:
(A) You will only transmit Eligible Checks through the mRDC Service;
(B) You will not transmit any duplicate Checks checks or items that have been previously deposited or submitted to any financial institution (which were not eligible for redeposit)items;
(C) You are a person entitled to enforce each instrument, Check check or item;
(D) All signatures required for transfer of the Checks (including, but not limited to, the endorsement of any third-party payee) appear thereon, and are authorized and authentic;
(E) No Check check or item has been be materially altered;
(F) No Check check or item is or will become subject to any defense or claim of recoupment by any party that could be asserted against the Client;
(G) You are not aware of any circumstance that could impair the collectability of any such Check check or item;
(H) You have no knowledge of any receivership or other insolvency proceeding commenced with respect to the maker or drawer of any such Check check or item;
(I) All data on Checks sent to the Bank accurately contain the RTN, account Account number, Check check number and amount of such Check;
(J) The image Image transmitted of each such Check check or item accurately represents the entire image of the front and back thereof as of the time of your remote capture;
(K) Each such image Image shall be legible;
(L) No Check check or item has been deposited previously (either conventionally or electronically) unless returned unpaid only once for insufficient funds;funds;
(M) Nor will any such Check check or item tem subsequently be deposited (conventionally or electronically) unless such Check has been returned only once unpaid for insufficient funds;
(N) No Check check or item shall constitute a remotely created Check check (as defined in Regulation CC);
(O) You have no knowledge that any Check check or item is subject to a stop payment order, legal process or other restraint;restraint;
(P) No Check check or item deposit amount exceeds the dollar limits set forth above at Section II; and
(Q) You will comply with the Bank’s Rules, as may be amended, at all times.
(7) You hereby appoint the Bank, Q2, Ensenta and their processing agents as your true and lawful attorney(s)-in-fact to access your Account information, Check check or item images and data, but only for purposes of performing the Services hereunder, including but not limited to, the handling of each remote deposit capture and transmission, and effectuating such acts as may be required or necessary to be done hereunder in the forwarding of Checks checks or items for collection, presentment, clearing and settlement, and, further, for verifying the content and authenticity of any instruction for the purposes of security procedures applicable to your Accounts and the mRDC Service, for as to all intents and purposes as the User might or could do in person; and
(8) You acknowledge and agree that upon a breach of any of your representations and warranties set forth herein, you shall be liable for damages equal to the actual pecuniary loss suffered or incurred by the Bank as a result, including, without limitation, all damages otherwise recoverable against a depository or collecting bank as a result of the warranties and obligations relating to the presentment of Checks check or items into the collection stream under state and federal law, including, but not limited to, the NY UCC and Federal Reserve Board Regulations J and CC, which obligations are hereby assumed by you, the End User.
Appears in 1 contract
User Representations and Warranties. By subscribing hereto, you, on becoming a an User, requesting access and when using the mRDC Service authorize, represent and warrant as follows:
(1) The Bank, Q2, Ensenta and any of their processing agent(s) are authorized to use, copy, modify, display and distribute any information, data, materials or other content, both confidential and non- non-confidential, that the User provides to such processing agents for the purpose of providing the Services;
(2) You have the right to authorize and permit the Bank, Q2, Ensenta and/or their processing agents to access the your accounts to effect mobile remote deposit capture (“mRDC”) deposit transmissions or for any other purpose authorized by the Agreement and this AddendumAddenda;
(3) By disclosing account and Check information to the Bank, Q2, Ensenta and/or their processing agents, and allowing us us, such entities and them processing agents to use such information, you are not violating any third party rights;
(4) The information provided to the Bank, Q2, Ensenta and their processing agents is and shall continue to be true, current, correct and complete;
(5) The Bank, Q2, Ensenta and their processing agent(s) may rely upon all data, images or other information provided by the End User or Authorized person when using the mRDC Service;.
(6) Upon each deposit transmission, and for each Check check or other item in any deposit, you further represent and warrant to the Bank that:that:
(A) You will only transmit Eligible Checks Items through the mRDC Service;
(B) You will not transmit any duplicate Checks checks or items that have been previously deposited or submitted to any financial institution (which were not eligible for redeposit)items;
(C) You are a person entitled to enforce each instrument, Check check or item;
(D) All signatures required for transfer of the Checks Items (including, but not limited to, the endorsement of any third-party payee) appear thereon, and are authorized and authentic;
(E) No Check check or item has been be materially altered;
(F) No Check check or item is or will become subject to any defense or claim of recoupment by any party that could be asserted against the Client;
(G) You are not aware of any circumstance that could impair the collectability of any such Check check or item;
(H) You have no knowledge of any receivership or other insolvency proceeding commenced with respect to the maker or drawer of any such Check check or item;
(I) All data on Checks Items sent to the Bank accurately contain the RTN, account Account number, Check check number and amount of such CheckItem;
(J) The image Image transmitted of each such Check check or item accurately represents the entire image of the front and back thereof as of the time of your remote capture;
(K) Each such image Image shall be legible;
(L) No Check check or item has been deposited previously (either conventionally or electronically) unless returned unpaid only once for insufficient funds;
(M) Nor will any such Check check or item tem subsequently be deposited (conventionally or electronically) unless such Check Item has been returned only once unpaid for insufficient funds;
(N) No Check check or item shall constitute a remotely created Check check (as defined in Regulation CC);
(O) You have no knowledge that any Check check or item is subject to a stop payment order, legal process or other restraint;
(P) No Check check or item deposit amount exceeds the dollar limits set forth above at Section II; and
(Q) You will comply with the Bank’s Rules, as may be amended, at all times.
(7) You hereby appoint the Bank, Q2, Ensenta and their processing agents as your true and lawful attorney(s)-in-fact to access your Account information, Check check or item images and data, but only for purposes of performing the Services hereunder, including but not limited to, the handling of each remote deposit capture and transmission, and effectuating such acts as may be required or necessary to be done hereunder in the forwarding of Checks checks or items for collection, presentment, clearing and settlement, and, further, for verifying the content and authenticity of any instruction for the purposes of security procedures applicable to your Accounts and the mRDC Service, for as to all intents and purposes as the User might or could do in person; and
(8) You acknowledge and agree that upon a breach of any of your representations and warranties set forth herein, you shall be liable for damages equal to the actual pecuniary loss suffered or incurred by the Bank as a result, including, without limitation, all damages otherwise recoverable against a depository or collecting bank as a result of the warranties and obligations relating to the presentment of Checks check or items into the collection stream under state and federal law, including, but not limited to, the NY UCC and Federal Reserve Board Regulations J and CC, which obligations are hereby assumed by you, the End User.User.
Appears in 1 contract
User Representations and Warranties. By subscribing hereto, you, on becoming a User, requesting access and when using the mRDC Service authorize, represent and warrant as follows:
(1) . The Bank, Q2, Ensenta and any of their processing agent(s) are authorized to use, copy, modify, display and distribute any information, data, materials or other content, both confidential and non- confidential, that the User provides to such processing agents for the purpose of providing the Services;
(2) . You have the right to authorize and permit the Bank, Q2, Ensenta and/or their processing agents to access your accounts to effect mobile remote deposit capture (“mRDC”) deposit transmissions or for any other purpose authorized by the Agreement and this Addendum;
(3) ; By disclosing account and Check information to the Bank, Q2, Ensenta and/or their processing agents, and allowing us and them to use such information, you are not violating any third party rights;
(4) 1. The information provided to the Bank, Q2, Ensenta and their processing agents is and shall continue to be true, current, correct and complete;
(5) 2. The Bank, Q2, Ensenta and their processing agent(s) may rely upon all data, images or other information provided by the End User or Authorized person when using the mRDC Service;
(6) 3. Upon each deposit transmission, and for each Check or other item in any deposit, you further represent and warrant to the Bank that:
(A) a. You will only transmit Eligible Checks through the mRDC Service;
(B) b. You will not transmit any duplicate Checks or items that have been previously deposited or submitted to any financial institution (which were not eligible for redeposit);
(C) c. You are a person entitled to enforce each instrument, Check or item;
(D) d. All signatures required for transfer of the Checks (including, but not limited to, the endorsement of any third-party payee) appear thereon, and are authorized and authentic;
(E) e. No Check or item has been materially altered;
(F) f. No Check or item is or will become subject to any defense or claim of recoupment by any party that could be asserted against the Client;
(G) g. You are not aware of any circumstance that could impair the collectability of any such Check or item;
(H) h. You have no knowledge of any receivership or other insolvency proceeding commenced with respect to the maker or drawer of any such Check or item;
(I) i. All data on Checks sent to the Bank accurately contain the RTN, account number, Check number and amount of such Check;
(J) j. The image transmitted of each such Check or item accurately represents the entire image of the front and back thereof as of the time of your remote capture;
(K) k. Each such image shall be legible;
(L) l. No Check or item has been deposited previously (either conventionally or electronically) unless returned unpaid only once for insufficient funds;
(M) m. Nor will any such Check or item subsequently be deposited (conventionally or electronically) unless such Check has been returned only once unpaid for insufficient funds;
(N) n. No Check or item shall constitute a remotely created Check (as defined in Regulation CC);
(O) o. You have no knowledge that any Check or item is subject to a stop payment order, legal process or other restraint;
(P) p. No Check or item deposit amount exceeds the dollar limits set forth above at Section II; and
(Q) q. You will comply with the Bank’s Rules, as may be amended, at all times.
(7) 4. You hereby appoint the Bank, Q2, Ensenta and their processing agents as your true and lawful attorney(s)-in-fact to access your Account information, Check or item images and data, but only for purposes of performing the Services hereunder, including but not limited to, the handling of each remote deposit capture and transmission, and effectuating such acts as may be required or necessary to be done hereunder in the forwarding of Checks or items for collection, presentment, clearing and settlement, and, further, for verifying the content and authenticity of any instruction for the purposes of security procedures applicable to your Accounts and the mRDC Service, for all intents and purposes as the User might or could do in person; and
(8) and You acknowledge and agree that upon a breach of any of your representations and warranties set forth herein, you shall be liable for damages equal to the actual pecuniary loss suffered or incurred by the Bank as a result, including, without limitation, all damages otherwise recoverable against a depository or collecting bank as a result of the warranties and obligations relating to the presentment of Checks or items into the collection stream under state and federal law, including, but not limited to, the NY UCC and Federal Reserve Board Regulations J and CC, which obligations are hereby assumed by you, the End User.
Appears in 1 contract
