ADDITIONAL TERMS APPLICABLE TO ALL SERVICES Clause Samples

ADDITIONAL TERMS APPLICABLE TO ALL SERVICES. A. Customer Representations and Warranties 1. Customer is duly organized, validly existing, and in good standing in the jurisdiction in which Customer is organized and is validly qualified in any other jurisdiction where Customer does business and is required to be qualified except where the failure to be so qualified would not have a material adverse effect on Customer. 2. Customer’s agreement to be bound by these Terms and Conditions and its use of the Services have been authorized by all necessary entity and governmental action. 3. The persons submitting any instructions to Provident, or executing any documents, related to the Services on Customer’s behalf are duly authorized to do so. 4. This Agreement represents Customer’s legal, valid and binding obligation and is enforceable against Customer in accordance with its terms. 5. All information provided to Provident on Setup Forms, instructions or otherwise related to the Services or Accounts is complete, accurate and up to date, including Customer’s legal entity type, state of organization, ownership, management and control persons as well as Customer’s legal name, address and contact information. 6. Unless Customer has notified Provident otherwise in writing, Customer is not insolvent or in receivership nor is Customer subject to any voluntary or involuntary bankruptcy proceeding or any assignment for the benefit of its creditors. 7. Customer’s agreement to these Terms and Conditions and its use of the Services do not and will not violate Applicable Laws, Customer’s entity governing documents, or any other agreement by which Customer is bound. 8. Each Account Customer maintains with Bank and all use of the Services is maintained or used solely for a legitimate business or commercial purpose and not a personal, family or household purpose. 9. Customer acknowledges, represents, warrants, and agrees that the accounts that will be accessed in connection with the Services are accounts established and used for business or commercial purposes, and are not accounts established or used for personal, family or household purposes. Customer further agrees that the services provided under the Agreement are for Customer’s business or commercial purposes only. Accordingly, the provisions of the Electronic Funds Transfer Act, the consumer provisions of the federal ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act, and any other laws or regulations intended for the protection of or governance of transactions involving consumers or consumer accou...