Common use of Electronic Banking Clause in Contracts

Electronic Banking. 17 How can you use automated teller machines (ATM) and debit cards? 17 What limits do we place on ATM transactions? 17 Can you use your debit card for illegal transactions? 17 Do we disclose your information to third parties? 17 How do you report errors relating to electronic fund transfer? 17 How do we handle your preauthorized electronic payments? 17 What liability do we have to you for incomplete transactions? 17 What is our phone number and address? 18 What is a "business day"? 18 DIGITAL BANKING SERVICES 18 FUNDS TRANSFER SERVICES 18 What transfer fees will we charge you? 18 How do we process and send funds transfers? 18 How do we receive funds transfers for your account? 19 What additional rules, if any, apply to ACH Debits and Credits? 19 Can you make a transfer using Phone Banking? 19 What is an Instant Payment? 19 INTEREST / TAX REPORTING 20 UNLAWFUL INTERNET GAMBLING 20 OTHER RIGHTS APPLICABLE TO ACCOUNTS 20 Thank you for opening an account with SouthState Bank, N.A. We are pleased you have chosen to bank with us and look forward to serving you now and in the future. This Business Deposit Account Agreement ("Agreement") includes the following disclosures that may be listed on your Account Agreement (herein referred to as a "signature card": “Terms & Conditions, Funds Availability, and Substitute Checks.” In this Agreement, "SouthState," "Bank," "we," "our," and "us" refers to SouthState Bank, N.A. "Depositor," "you" and "“your" refers to each owner and each person with the authority to deposit, withdraw, or exercise control over the funds in the account.

Appears in 1 contract

Sources: General Legal Agreement

Electronic Banking. 17 16 How can you use automated teller machines (ATM) and debit cards? 17 16 What limits do we place on ATM transactions? 17 Can you use your debit card for illegal transactions? 17 Do we disclose your information to third parties? 17 How do you report errors relating to electronic fund transfer? 17 How do we handle your preauthorized electronic payments? 17 What liability do we have to you for incomplete transactions? 17 What is our phone number and address? 18 17 What is a "business day"? 18 17 DIGITAL BANKING SERVICES 18 FUNDS TRANSFER SERVICES 18 What transfer fees will we charge you? 18 How do we process and send funds transfers? 18 How do we receive funds transfers for your account? 19 18 What additional rules, if any, apply to ACH Debits and Credits? 19 Can you I make a transfer using Phone Banking? 19 What is an Instant Payment? 19 INTEREST / TAX REPORTING 20 19 UNLAWFUL INTERNET GAMBLING 20 19 OTHER RIGHTS APPLICABLE TO ACCOUNTS 20 19 Thank you for opening an account with SouthState Bank, N.A. We are pleased you have chosen to bank with us and look forward to serving you now and in the future. This Business Deposit Account Agreement ("Agreement") includes the following disclosures that may be listed on your Account Agreement (herein referred to as a "signature card": Terms & Conditions, Funds Availability, and Substitute Checks.” . In this Agreement, "SouthState," "Bank," "we," "our," and "us" refers to SouthState Bank, N.A. "Depositor," "you" and "“your" refers to each owner and each person with the authority to deposit, withdraw, or exercise control over the funds in the account. Please read this entire Agreement carefully and keep it in a convenient location for future reference. This Agreement, along with the other disclosures provided at the time you opened your account, govern your deposit account with SouthState and supersede all previous business deposit account agreements. The term "other disclosures" may include, but is not limited to, a separate schedule of rates, qualifying balances, specific account terms and fees. By opening an account, providing a written or electronic signature card or other agreement or contract, conducting transactions on your account, and continuing to hold an account with us, you acknowledge you have read, understand and agree to this Agreement (as well as any future modifications, changes or supplements made to this Agreement, if any, in accordance with this Agreement) and other disclosures provided at the time of account opening. This Agreement, and your rights and obligations under this Agreement are governed by and interpreted according to federal law, and to the extent state law applies, the laws of the state of Florida. In the event of a conflict between federal and state law, or if state law is preempted by federal law, federal law shall control. A dispute is any claim, dispute, or controversy, whether arising in contract or tort, or by statute, and whether for money damages, penalties, or equitable relief, by either you or us against the other or its employees or agents, arising from or in connection with or relating in any way to this Agreement or the relationship between you and us. JURY TRIAL. To the extent allowed by law, all claims, disputes, and other matters in question between us and you shall be tried to a judge sitting without a jury. This waiver includes but is not limited to those disputes arising out of, or relating to, the account, this Agreement or the validity, interpretation, enforceability, or breach thereof and any claims arising under federal, state, or common law. The procedures specified in this paragraph shall be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to this Agreement or the account. When you open an account with the Bank, a debtor/creditor relationship is created. You agree, unless otherwise expressly agreed by us in writing, the deposits in your account are general deposits. You further agree the relationship between us, and you are solely that of debtor/bank and creditor/depositor, and we are not acting as your fiduciary. You agree not to bring any claim against the Bank based on an assertion that the Bank has breached a fiduciary duty. In some instances, we may make changes without prior notice to you, if the changes are made for security reasons or if we believe they are either beneficial or not adverse to you. However, we will send you advance notice of any changes to the Agreement that may have an adverse effect on your account. Notice will be provided prior to the effective date of the change as required by applicable law. These changes will be communicated to you through hardcopy or electronic written notice, which will explain the changes and instructions on how to obtain a current version of a revised Agreement at your local branch or online at our website, ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. Upon the effective date of a change, the revised version of the Agreement will govern your account and supersede all prior versions, regardless of whether you obtain a copy from your branch or online. Continued use of your account following a notice of change will indicate your acceptance of the changes. If you do not agree with a change, you may close your account as provided in "When can an account be closed?" section below. If a service we offer has a separate agreement, and a conflict exists between this Agreement and the separate agreement, the separate agreement will control. To help the government fight the funding of terrorism and money laundering activities, federal law requires us to obtain, verify, and record information about each person who opens an account and the Beneficial Owners of all Legal Entity Customers. Therefore, when you open an account, we will ask for the business name, its organizational documents, address (physical and mailing), the name, address, date of birth, and social security number (or similar information) for each individual, if any, who owns, directly or indirectly, 25% or more of the equity interests of a legal entity customer and any individual with significant responsibility for managing the Legal Entity Customer ("Beneficial Owner"), and other information that will allow us to identify you. See the "What must you do if the Beneficial Owners change?" section below for definitions and additional information. We may also ask to see and/or make copies of unexpired identification cards, such as a driver's license or other photo identification. We will take steps to ensure we have a reasonable assurance of your identity and may contact you for additional information if necessary. If we are unable to verify your identity in accordance with our policies, we will not open your account, or we may close the account if it was previously funded. requested a consumer report or information from another source and provide the reporting agency's contact information. If we close your account due to improper management of the account (i.e. overdrawn, unpaid balances), we may report negative account information to consumer reporting agencies or other account information agencies or companies. If you believe we have reported inaccurate information about your account to a consumer reporting agency, written notice describing the inaccuracy should be sent to us at the following address: SouthState Bank, N.A. ▇.▇. ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ When you provide your telephone number to us, you are authorizing us to place calls to you at that number. This applies to both land line phone numbers and cell phone numbers. "Calls" include both telephone calls and text messages to or from your phone or cell phone. By way of example and without any limitation, we may place calls/texts to you about fraud alerts, deposit holds, or amounts you owe us (collection calls) on your account. By providing us with a telephone number for a cellular phone or other wireless device, you are expressly consenting to receiving communications, including but not limited to, prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system, from us and our affiliates and agents at that number. This express consent applies to each such telephone number you provide to us now or in the future and permits such calls regardless of their purpose. Calls and messages may incur fees from your cellular provider. By maintaining an account with us, you are authorizing us to monitor and record telephone conversations you have with us for reasonable business purposes. We will not remind you that we may be monitoring or recording a call at the outset of the call, unless required by law to do so. When you provide your email address to us, you are authorizing us to send to you at that email address messages and any and all written notices required by law (unless email is expressly excluded as satisfying a notice delivery requirement). We can close your account for any reason or for no reason at all. If we close your account, we will provide written notice to you as soon as reasonably possible. However, we may not provide this notice to you prior to closing the account if we believe that prior notice could result in a security risk to us or the owner of the funds in the account. Notice to any one individual on the account is considered notice to all owners and signers on the account. We will send the collected account balance to you either personally through your authorized signer or at your last known address as reflected in our account records, after withholding a sufficient sum to cover any outstanding items and likely fees. If we withhold any money for such contingencies, we will refund that to you after we are satisfied that no further withholding is necessary. You may choose to close your account at any time. Before you notify us to close your account, you are responsible for bringing your account to a zero balance or leaving enough money in the account to cover any accrued fees and outstanding items to be paid from the account. We will have no liability to you for any checks returned as unpaid on the closed account, even if you have attempted to make a deposit to the closed account. Your account may automatically close once the balance has been zero for at least 60 calendar days. Once your account has a zero balance, you will still be responsible for any applicable charges or fees, including but not limited to any monthly maintenance charges. You may contact us at ▇-▇▇▇-▇▇▇-▇▇▇▇ to close your account to avoid such charges of fees. We may also close your account if there is a change in the Beneficial Owners and you fail to notify us of such change. In cases where we recommend you close your account and open a new account due to fraud, if you disregard our suggestion, you agree you are responsible for any and all losses, costs and expenses related to unauthorized, altered, or fraudulent transactions, and you agree to indemnify and hold us harmless for such amounts. This Agreement (as amended, updated, modified, or supplemented from time to time) will continue to govern matters related to your account even after the account is closed.

Appears in 1 contract

Sources: Business Deposit Account Agreement