Common use of Wire Transfers; Indemnification Clause in Contracts

Wire Transfers; Indemnification. If the Customer arranges for a wire transfer to be directed to the Customer Account, the Customer is responsible for ensuring that such wire is initiated properly, addressed properly, and bears appropriate wire instructions in exactly the form required by the Broker for identification of the Customer and the Customer Account. The Customer understands that any erroneous, mismatched, or incomplete identifying information on an incoming wire transfer may result in such wire being rejected, lost, posted to an incorrect Customer Account, or returned to the originating bank without notice to the Customer and the Customer agrees to indemnify and hold the Broker, its Affiliates, and the Broker and its Affiliates’ respective officers and employees harmless from any Losses arising out of or relating to any erroneous, mismatched or incomplete identifying information on an incoming wire. By sending the Broker a wire transfer request, the Customer authorizes the Broker and the Broker’s bank service provider to act on behalf of the Customer to initiate the wire transfer or check disbursement. It is the Customer’s responsibility to ensure that instructions are accurate before requesting the Broker to initiate a wire transfer. In order to complete a wire transfer request, the name and address on file in the Customer Account must match what the Customer has on file at the recipient bank; and the Customer must provide the correct recipient bank’s name, recipient bank’s address, recipient bank account number, and BIC/SWIFT code. In accepting wire transfer requests, the Broker may rely upon the identifying number (such as routing number, account number and BIC/SWIFT code) of the recipient, the recipient’s financial institution or any intermediary bank, as instructed. Also, the recipient’s bank in the wire transfer requests may make payment on the basis of the identifying number even if it identifies a person or entity different from the named recipient. The Customer understands that, if incorrect instructions or recipient information were provided to the Broker, the Customer may lose the amount of the wire transfer. The Customer agrees to indemnify and hold the Broker, its Affiliates, and the Broker and its Affiliates’ respective officers and employees harmless from any Losses arising out of or relating to any erroneous, mismatched or incomplete identifying information on an outgoing wire. The Customer must have a sufficient available balance in the Customer Account to cover the wire transfer amount and the wire transfer fee at the time the Customer sends the Broker the wire transfer request. The Broker will not be obligated to make any wire transfer unless the Customer has a sufficient available balance in the Customer Accounts to cover the wire transfer amount and the wire transfer fee at the time the Customer sends the Broker the wire transfer request. The Broker has the right to neither send nor process any wire transfer request without notice in the event of insufficient available funds. The Broker also may reject any wire transfer request for any reason or no reason. All wire transfer requests provided to the Broker are subject to the Broker’s review and acceptance. The Broker’s confirmation, if any, of the receipt of the Customer wire transfer request is an indication only that the Broker has received the Customer’s wire transfer request. The Broker reserves the right to refuse to pay any wire transfer recipient whom the Customer designates in the wire transfer request. A wire transfer request cannot be amended or canceled after the Broker receives it. The Broker may in its sole discretion attempt to abide by a subsequent request for a change, but the Broker is not obligated to do so. Any acceptance by the Broker of a request by the Customer to amend, recall, or trace a wire transfer is made conditionally upon the express understanding by the Customer that the Broker cannot guarantee fulfillment of such a request and that the Broker is not responsible for any failure to change, recall, or trace such wire transfer. The Customer agrees to indemnify and hold the Broker, its Affiliates, and the Broker and its Affiliates’ respective officers and employees harmless from any Losses arising out of or relating to an attempt to amend or cancel a wire transfer. All wire transfer requests received by the Broker after the cutoff time will be reviewed and processed within a commercially reasonable time, generally within one business day. Wire transfer requests entered after the cutoff time may start to process immediately, in its sole discretion. The Customer understands that any cutoff times referenced in this Customer Agreement reflect the times displayed on the Broker’s internal system clocks and may not necessarily be synchronized with the internal clock displayed on the Customer’s personal device. For this reason, the Broker suggests that the Customer send any wire transfer requests to the Broker sufficiently in advance of such cutoff times to eliminate the possibility of missing the cutoff. Notwithstanding any information the Customer provides on the wire transfer request to the contrary, the Broker reserves the right to use any funds transfer system and intermediary bank in the execution of the Customer’s wire transfer request, and the Broker may use any means of executing wire transfer requests that the Broker deems reasonable in the circumstances. The Broker authorizes such funds transfer systems and any intermediary or recipient banks to deduct fees from the funds transferred. The Customer understands that the Broker or any intermediary or recipient banks may apply their prevailing currency exchange rate(s) in the conversion and payment of funds. The Customer is aware that currency exchange rates fluctuate over time and accepts the risks of such fluctuation. The Customer also understands that all incoming and outgoing wire transfers must be in U.S. dollars. The Customer agrees to not hold the Broker or its Affiliates liable for any damages resulting from an intermediary or recipient bank’s decision not to accept any wire transfer. The Broker and its Affiliates are not responsible for any fees, delay, misplacement, loss, errors, any act or failure to act by the Broker, its Affiliates, or an intermediary or recipient bank or any other third party. The Customer agrees that wire transfers are subject to the fees set forth in the Broker’s Commissions and Fees schedule, available at xxxxx://xxxxxxxx.xxx/legal. The Customer also agrees to be solely responsible for all such fees, including wire transfer reversal fees for both incoming and outgoing wire transfer requests. Additionally, the Customer agrees to be solely responsible for any additional fees that any originating, intermediary, or recipient banks may charge.

Appears in 8 contracts

Samples: Customer Agreement, Customer Agreement, Customer Agreement

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Wire Transfers; Indemnification. If the Customer arranges for a wire transfer to be directed to the Customer Account, the Customer is responsible for ensuring that such wire is initiated properly, addressed properly, and bears appropriate wire instructions in exactly the form required by the Broker for identification of the Customer and the Customer Account. The Customer understands that any erroneous, mismatched, or incomplete identifying information on an incoming wire transfer may result in such wire being rejected, lost, posted to an incorrect Customer Account, or returned to the originating bank without notice to the Customer and the Customer agrees to indemnify and hold the Broker, its Affiliates, and the Broker and its Affiliates’ respective officers and employees harmless from any Losses arising out of or relating to any erroneous, mismatched or incomplete identifying information on an incoming wire. By sending the Broker a wire transfer request, the Customer authorizes the Broker and the Broker’s bank service provider to act on behalf of the Customer to initiate the wire transfer or check disbursement. It is the Customer’s responsibility to ensure that instructions are accurate before requesting the Broker to initiate a wire transfer. In order to complete a wire transfer request, the name and address on file in the Customer Account must match what the Customer has on file at the recipient bank; and the Customer must provide the correct recipient bank’s name, recipient bank’s address, recipient bank account number, and BIC/SWIFT code. In accepting wire transfer requests, the Broker may rely upon the identifying number (such as routing number, account number and BIC/SWIFT code) of the recipient, the recipient’s financial institution or any intermediary bank, as instructed. Also, the recipient’s bank in the wire transfer requests may make payment on the basis of the identifying number even if it identifies a person or entity different from the named recipient. The Customer understands that, if incorrect instructions or recipient information were provided to the Broker, the Customer may lose the amount of the wire transfer. The Customer agrees to indemnify and hold the Broker, its Affiliates, and the Broker and its Affiliates’ respective officers and employees harmless from any Losses arising out of or relating to any erroneous, mismatched or incomplete identifying information on an outgoing wire. The Customer must have a sufficient available balance in the Customer Account to cover the wire transfer amount and the wire transfer fee at the time the Customer sends the Broker the wire transfer request. The Broker will not be obligated to make any wire transfer unless the Customer has a sufficient available balance in the Customer Accounts to cover the wire transfer amount and the wire transfer fee at the time the Customer sends the Broker the wire transfer request. The Broker has the right to neither send nor process any wire transfer request without notice in the event of insufficient available funds. The Broker also may reject any wire transfer request for any reason or no reason. All wire transfer requests provided to the Broker are subject to the Broker’s review and acceptance. The Broker’s confirmation, if any, of the receipt of the Customer wire transfer request is an indication only that the Broker has received the Customer’s wire transfer request. The Broker reserves the right to refuse to pay any wire transfer recipient whom the Customer designates in the wire transfer request. A wire transfer request cannot be amended or canceled after the Broker receives it. The Broker may in its sole discretion attempt to abide by a subsequent request for a change, but the Broker is not obligated to do so. Any acceptance by the Broker of a request by the Customer to amend, recall, or trace a wire transfer is made conditionally upon the express understanding by the Customer that the Broker cannot guarantee fulfillment of such a request and that the Broker is not responsible for any failure to change, recall, or trace such wire transfer. The Customer agrees to indemnify and hold the Broker, its Affiliates, and the Broker and its Affiliates’ respective officers and employees harmless from any Losses arising out of or relating to an attempt to amend or cancel a wire transfer. All wire transfer requests received by the Broker after the cutoff time will be reviewed and processed within a commercially reasonable time, generally within one business day. Wire transfer requests entered after the cutoff time may start to process immediately, in its sole discretion. The Customer understands that any cutoff times referenced in this Customer Agreement reflect the times displayed on the Broker’s internal system clocks and may not necessarily be synchronized with the internal clock displayed on the Customer’s personal device. For this reason, the Broker suggests that the Customer send any wire transfer requests to the Broker sufficiently in advance of such cutoff times to eliminate the possibility of missing the cutoff. Notwithstanding any information the Customer provides on the wire transfer request to the contrary, the Broker reserves the right to use any funds transfer system and intermediary bank in the execution of the Customer’s wire transfer request, and the Broker may use any means of executing wire transfer requests that the Broker deems reasonable in the circumstances. The Broker authorizes such funds transfer systems and any intermediary or recipient banks to deduct fees from the funds transferred. The Customer understands that the Broker or any intermediary or recipient banks may apply their prevailing currency exchange rate(s) in the conversion and payment of funds. The Customer is aware that currency exchange rates fluctuate over time and accepts the risks of such fluctuation. The Customer also understands that all incoming and outgoing wire transfers must be in U.S. dollars. The Customer agrees to not hold the Broker or its Affiliates liable for any damages resulting from an intermediary or recipient bank’s decision not to accept any wire transfer. The Broker and its Affiliates are not responsible for any fees, delay, misplacement, loss, errors, any act or failure to act by the Broker, its Affiliates, or an intermediary or recipient bank or any other third party. The Customer agrees that wire transfers are subject to the fees set forth in the Broker’s Commissions and Fees schedule, available at xxxxx://xxxxxxxx.xxx/legalHERE. The Customer also agrees to be solely responsible for all such fees, including wire transfer reversal fees for both incoming and outgoing wire transfer requests. Additionally, the Customer agrees to be solely responsible for any additional fees that any originating, intermediary, or recipient banks may charge.

Appears in 1 contract

Samples: Customer Agreement

Wire Transfers; Indemnification. If the Customer arranges for a wire transfer to be directed to the Customer Account, the Customer is responsible for ensuring that such wire is initiated properly, addressed properly, and bears appropriate wire instructions in exactly the form required by the Broker for identification of the Customer and the Customer Account. The Customer understands that any erroneous, mismatched, or incomplete identifying information on an incoming wire transfer may result in such wire being rejected, lost, posted to an incorrect Customer Account, or returned to the originating bank without notice to the Customer and the Customer agrees to indemnify and hold the Broker, its Affiliates, and the Broker and its Affiliates’ respective officers and employees harmless from any Losses arising out of or relating to any erroneous, mismatched or incomplete identifying information on an incoming wire. By sending the Broker a wire transfer request, the Customer authorizes the Broker and the Broker’s bank service provider to act on behalf of the Customer to initiate the wire transfer or check disbursement. It is the Customer’s responsibility to ensure that instructions are accurate before requesting the Broker to initiate a wire transfer. In order to complete a wire transfer request, the name and address on file in the Customer Account must match what the Customer has on file at the recipient bank; and the Customer must provide the correct recipient bank’s name, recipient bank’s address, recipient bank account number, and BIC/SWIFT code. In accepting wire transfer requests, the Broker may rely upon the identifying number (such as routing number, account number and BIC/SWIFT code) of the recipient, the recipient’s financial institution or any intermediary bank, as instructed. Also, the recipient’s bank in the wire transfer requests may make payment on the basis of the identifying number even if it identifies a person or entity different from the named recipient. The Customer understands that, if incorrect instructions or recipient information were provided to the Broker, the Customer may lose the amount of the wire transfer. The Customer agrees to indemnify and hold the Broker, its Affiliates, and the Broker and its Affiliates’ respective officers and employees harmless from any Losses arising out of or relating to any erroneous, mismatched or incomplete identifying information on an outgoing wire. The Customer must have a sufficient available balance in the Customer Account to cover the wire transfer amount and the wire transfer fee at the time the Customer sends the Broker the wire transfer request. The Broker will not be obligated to make any wire transfer unless the Customer has a sufficient available balance in the Customer Accounts to cover the wire transfer amount and the wire transfer fee at the time the Customer sends the Broker the wire transfer request. The Broker has the right to neither send nor process any wire transfer request without notice in the event of insufficient available funds. The Broker also may reject any wire transfer request for any reason or no reason. All wire transfer requests provided to the Broker are subject to the Broker’s review and acceptance. The Broker’s confirmation, if any, of the receipt of the Customer wire transfer request is an indication only that the Broker has received the Customer’s wire transfer request. The Broker reserves the right to refuse to pay any wire transfer recipient whom the Customer designates in the wire transfer request. A wire transfer request cannot be amended or canceled after the Broker receives it. The Broker may in its sole discretion attempt to abide by a subsequent request for a change, but the Broker is not obligated to do so. Any acceptance by the Broker of a request by the Customer to amend, recall, or trace a wire transfer is made conditionally upon the express understanding by the Customer that the Broker cannot guarantee fulfillment of such a request and that the Broker is not responsible for any failure to change, recall, or trace such wire transfer. The Customer agrees to indemnify and hold the Broker, its Affiliates, and the Broker and its Affiliates’ respective officers and employees harmless from any Losses arising out of or relating to an attempt to amend or cancel a wire transfer. All wire transfer requests received by the Broker after the cutoff time will be reviewed and processed within a commercially reasonable time, generally within one business day. Wire transfer requests entered after the cutoff time may start to process immediately, in its sole discretion. The Customer understands that any cutoff times referenced in this Customer Agreement reflect the times displayed on the Broker’s internal system clocks and may not necessarily be synchronized with the internal clock displayed on the Customer’s personal device. For this reason, the Broker suggests that the Customer send any wire transfer requests to the Broker sufficiently in advance of such cutoff times to eliminate the possibility of missing the cutoff. Notwithstanding any information the Customer provides on the wire transfer request to the contrary, the Broker reserves the right to use any funds transfer system and intermediary bank in the execution of the Customer’s wire transfer request, and the Broker may use any means of executing wire transfer requests that the Broker deems reasonable in the circumstances. The Broker authorizes such funds transfer systems and any intermediary or recipient banks to deduct fees from the funds transferred. The Customer understands that the Broker or any intermediary or recipient banks may apply their prevailing currency exchange rate(s) in the conversion and payment of funds. The Customer is aware that currency exchange rates fluctuate over time and accepts the risks of such fluctuation. The Customer also understands that all incoming and outgoing wire transfers must be in U.S. dollars. The Customer agrees to not hold the Broker or its Affiliates liable for any damages resulting from an intermediary or recipient bank’s decision not to accept any wire transfer. The Broker and its Affiliates are not responsible for any fees, delay, misplacement, loss, errors, any act or failure to act by the Broker, its Affiliates, or an intermediary or recipient bank or any other third party. The Customer agrees that wire transfers are subject to the fees set forth in the Broker’s Commissions and Fees schedule, available at xxxxx://xxxxxxxx.xxx/legal. The Customer also agrees to be solely responsible for all such fees, including wire transfer reversal fees for both incoming and outgoing wire transfer requests. Additionally, the Customer agrees to be solely responsible for any additional fees that any originating, intermediary, or recipient banks may charge.

Appears in 1 contract

Samples: Customer Agreement

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Wire Transfers; Indemnification. If the Customer arranges for a wire transfer to be directed to the Customer Account, the Customer is responsible for ensuring that such wire is initiated properly, addressed properly, and bears appropriate wire instructions in exactly the form required by the Broker Altruist for identification of the Customer and the Customer Account. The Customer understands that any erroneous, mismatched, or incomplete identifying information on an incoming wire transfer may result in such wire being rejected, lost, posted to an incorrect Customer Account, or returned to the originating bank without notice to the Customer and the Customer agrees to indemnify and hold the BrokerAltruist, its Affiliates, and the Broker Altruist and its Affiliates’ respective officers and employees harmless from any Losses arising out of or relating to any erroneous, mismatched or incomplete identifying information on an incoming wire. By sending the Broker Altruist a wire transfer request, the Customer authorizes the Broker Altruist and the BrokerAltruist’s bank service provider to act on behalf of the Customer to initiate the wire transfer or check disbursementtransfer. It is the Customer’s responsibility to ensure that instructions are accurate before requesting the Broker Altruist to initiate a wire transfer. In order to complete a wire transfer request, the name and address on file in the Customer Account must match what the Customer has on file at the recipient bank; and the Customer must provide the correct recipient bank’s name, recipient bank’s address, recipient bank account number, and BIC/SWIFT code. In accepting wire transfer requests, the Broker Altruist may rely upon the identifying number (such as routing number, account number and BIC/SWIFT code) of the recipient, the recipient’s financial institution or any intermediary bank, as instructed. Also, the recipient’s bank in the wire transfer requests may make payment on the basis of the identifying number even if it identifies a person or entity different from the named recipient. The Customer understands that, if incorrect instructions or recipient information were provided to the BrokerAltruist, the Customer may lose the amount of the wire transfer. The Customer agrees to indemnify and hold the BrokerAltruist, its Affiliates, and the Broker Altruist and its Affiliates’ respective officers and employees harmless from any Losses arising out of or relating to any erroneous, mismatched or incomplete identifying information on an outgoing wire. The Customer must have a sufficient available balance in the Customer Account to cover the wire transfer amount and the wire transfer fee at the time the Customer sends the Broker Altruist the wire transfer request. The Broker Altruist will not be obligated to make any wire transfer unless the Customer has a sufficient available balance in the Customer Accounts to cover the wire transfer amount and the wire transfer fee at the time the Customer sends the Broker Altruist the wire transfer request. The Broker Altruist has the right to neither send nor process any wire transfer request without notice in the event of insufficient available funds. The Broker Altruist also may reject any wire transfer request for any reason or no reason. All wire transfer requests provided to the Broker Altruist are subject to the BrokerAltruist’s review and acceptance. The BrokerAltruist’s confirmation, if any, of the receipt of the Customer wire transfer request is an indication only that the Broker Altruist has received the Customer’s wire transfer request. The Broker Altruist reserves the right to refuse to pay any wire transfer recipient whom the Customer designates in the wire transfer request. A wire transfer request cannot be amended or canceled after the Broker Altruist receives it. The Broker Altruist may in its sole discretion attempt to abide by a subsequent request for a change, but the Broker Altruist is not obligated to do so. Any acceptance by the Broker Altruist of a request by the Customer to amend, recall, or trace a wire transfer is made conditionally upon the express understanding by the Customer that the Broker Altruist cannot guarantee fulfillment of such a request and that the Broker Altruist is not responsible for any failure to change, recall, or trace such wire transfer. The Customer agrees to indemnify and hold the BrokerAltruist, its Affiliates, and the Broker Altruist and its Affiliates’ respective officers and employees harmless from any Losses arising out of or relating to an attempt to amend or cancel a wire transfer. All wire transfer requests received by the Broker Altruist after the cutoff time will be reviewed and processed within a commercially reasonable time, generally within one business day. Wire transfer requests entered after the cutoff time may start to process immediately, in its sole discretion. The Customer understands that any cutoff times referenced in this Customer Agreement reflect the times displayed on the BrokerAltruist’s internal system clocks and may not necessarily be synchronized with the internal clock displayed on the Customer’s personal device. For this reason, the Broker Xxxxxxxx suggests that the Customer send any wire transfer requests to the Broker Altruist sufficiently in advance of such cutoff times to eliminate the possibility of missing the cutoff. Notwithstanding any information the Customer provides on the wire transfer request to the contrary, the Broker Altruist reserves the right to use any funds transfer system and intermediary bank in the execution of the Customer’s wire transfer request, and the Broker Altruist may use any means of executing wire transfer requests that the Broker Altruist deems reasonable in the circumstances. The Broker Altruist authorizes such funds transfer systems and any intermediary or recipient banks to deduct fees from the funds transferred. The Customer understands that the Broker Altruist or any intermediary or recipient banks may apply their prevailing currency exchange rate(s) in the conversion and payment of funds. The Customer is aware that currency exchange rates fluctuate over time and accepts the risks of such fluctuation. The Customer also understands that all incoming and outgoing wire transfers must be in U.S. dollars. The Customer agrees to not hold the Broker Altruist or its Affiliates liable for any damages resulting from an intermediary or recipient bank’s decision not to accept any wire transfer. The Broker Altruist and its Affiliates are not responsible for any fees, delay, misplacement, loss, errors, any act or failure to act by the BrokerAltruist, its Affiliates, or an intermediary or recipient bank or any other third party. The Customer agrees that wire transfers are subject to the fees set forth in the BrokerAltruist’s Commissions and Fees schedule, available at xxxxx://xxxxxxxx.xxx/legalxxxxxxxx.xxx/xxxxx. The Customer also agrees to be solely responsible for all such fees, including wire transfer reversal fees for both incoming and outgoing wire transfer requests. Additionally, the Customer agrees to be solely responsible for any additional fees that any originating, intermediary, or recipient banks may charge.

Appears in 1 contract

Samples: Customer Agreement

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