Common use of Insufficient Funds and Overdrafts Clause in Contracts

Insufficient Funds and Overdrafts. It is your responsibility to know if there are sufficient funds in your account before you write a check, make a cash withdrawal at an ATM, make a purchase with your debit card, or issue, initiate or authorize any other item for payment from your account. It is important that you carefully monitor the funds in your account, and promptly record in your account register all of your deposits to, and items that you issue, initiate or authorize for payment from, your account. You should never assume that you can make a covering deposit to your account before an item will be presented to us for payment because items are often presented to us for payment very quickly, and because funds from your covering deposit may not be immediately available for withdrawal. You can avoid insufficient funds and overdraft charges by making sure that your account always contains sufficient funds to cover all of your withdrawals and payment transactions. If your available balance is not sufficient to cover any item presented to us for payment, the item will be posted provisionally to your account pending our decision to return or to pay the item. We have the right, in our sole discretion, to either (1) reverse the provisional posting of the item to your account and return the item to the payee as unpaid for insufficient funds, or (2) pay the item and create an overdraft in your account. Whether we decide to return the item as unpaid for insufficient funds or to pay such item and create an overdraft in your account will depend on various factors, such as the amount of the item and your banking history with us. We may assess and debit a service charge against your account for an item returned for insufficient funds or for an overdraft. Please see our Schedule of Service Fees and Charges for details. If we pay an item and create an overdraft in your account, you must immediately repay that overdraft and any overdraft charge we assessed, and you must also reimburse us for all costs and expenses (including attorneys’ fees and expenses to the extent permitted by applicable law) that we incur in attempting to recover that overdraft and service charge from you. If your account is a joint account, then each account holder is responsible for the repayment of all overdrafts in the account and all related service charges and collection costs and expenses (including attorneys’ fees and expenses to the extent permitted by applicable law), regardless of which account holder issued, initiated, authorized or benefitted from the proceeds of the item that created the over- draft. In addition, we may exercise our right of setoff against any other accounts you or any joint owner maintains with us, and we may apply any later deposits (including deposits of Social Security or other government benefits) made to any account that you or any joint account holder maintains with us to pay for the overdrafts and any service fees and other charges. We generally will send you a notice when an item has been presented to us for payment from your account that would create an overdraft; however, we will not be liable to you if we fail to send you such notice. You authorize us to assess and debit a charge against your account for each item we return for insufficient funds and each overdraft in the amounts specified in our Schedule of Service Fees and Charges. You agree that we will not be liable if we dishonor your other items because of insufficient funds in your account resulting from our assessing and debiting such charges, or because of the order in which we pay your items. However, we will not assess and debit your account for charges for items we return for insufficient funds or overdrafts if your negative available balance falls within a tolerance threshold as specified in our Schedule of Service Fees and Charges. Charges for items we return for insufficient funds and charges for overdrafts are subject to a daily maximum as also specified in our Schedule of Service Fees and Charges. If you do not use an Overdraft Protection Service, then the actions that we are authorized to take in connection with an item presented to us for payment from your account and that would create an overdraft in your account if paid will depend upon the type of item, and those actions are as follows: - ATM and “One-Time” Debit Card Transactions. We generally will not authorize an ATM withdrawal from your account if your available balance shows that allowing the withdrawal would create an overdraft. We also generally will not authorize a “one-time” debit card transaction (also known as an “everyday” debit card transaction) against your account if your available balance shows that allowing the payment would create an overdraft, unless you have requested that we pay those transactions as overdrafts through our Debit Card Overdraft Authorization and Enrollment. We reserve the right, on a case-by-case basis and in our sole discretion, to authorize and pay any ATM or debit card transaction, even if it would create an overdraft. If you have not requested that we pay your debit card transactions as overdrafts, we will not assess an overdraft charge against your account. However, you must immediately repay any resulting overdraft. Even if you request that we pay your debit card transactions as overdrafts, it does not mean that we will allow such overdrafts to occur. - Items other than ATM and “One-Time” Debit Card Transactions. We reserve the right to take the following actions, without prior notice to you, if we receive an item other than an ATM or “one-time” (“everyday”) debit card transaction for payment from your account and your available balance is not sufficient to pay the item: - We may decline to pay the item and return it unpaid, or - We may pay the item and create an overdraft in your account. At no time will we be obligated to pay any item that would create an overdraft. The fact that we pay an item and create an overdraft in your account one or more times does not mean we will continue to do so. We are not required to notify you in advance if we change how we handle payment of any item that would create an overdraft. If you are not covered by one of our Overdraft Protection Services described below, and you prefer that we authorize your “onetime” (“everyday”) debit card transactions for payment when your available balance is not sufficient to cover them, then you should consider our Debit Card Overdraft Authorization and Enrollment.

Appears in 2 contracts

Samples: Account Agreement, Account Agreement

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Insufficient Funds and Overdrafts. It When you initiate a withdrawal, fund transfer or other payment transaction from or through use of the Account or one is initiated against the Account, you must have an Available Balance in the Account that is sufficient to cover, at the time, in the amount and in the manner required under the Agreement, the Account Rules and/or any other agreements we may have with you, the withdrawal, fund transfer or other payment transaction you are initiating from or through use of the Account or that is being initiated against the Account. Please note that your responsibility Available Balance may be reduced by several factors as provided in the definition of “Available Balance” herein, including by debit card transaction holds. If under the Agreement or the Account Rules, the Available Balance is not sufficient or we otherwise deem in good faith that it is not sufficient, we will not be required to know if there are sufficient honour or pay, and we may return or reject, the withdrawal, fund transfer or other payment transaction. We may also assess against you and charge against the Account a insufficient funds (“NSF”) fee for each Item returned or rejected, including for multiple returns or rejections of the same Item. If funds in your account before you write a check, make a cash withdrawal at an ATM, make a purchase with your debit card, or issue, initiate or authorize any other item for payment from your account. It is important that you carefully monitor the funds in your account, and promptly record in your account register all of your deposits to, and items that you issue, initiate or authorize for payment from, your account. You should never assume that you can make a covering deposit to your account before an item will be presented to us for payment because items Account are often presented to us for payment very quickly, and because funds from your covering deposit may not be immediately available for withdrawal. You can avoid insufficient funds and overdraft charges by making sure that your account always contains sufficient funds to cover all of your withdrawals and payment transactions. If your available balance is not sufficient to cover any item presented our NSF fees, you agree to us for paymentpay us, on demand, the item will be posted provisionally to your account pending our decision to return amount of such fees. If we pay a withdrawal, fund transfer or to pay the item. We other payment transaction when you do not have the righta sufficient Available Balance, in our sole discretion, to either (1) reverse the provisional posting of the item to your account and return the item to the payee as unpaid for insufficient funds, thereby creating or (2) pay the item and create increasing an overdraft in your accountAccount, we may also charge against the Account an NSF fee for each Item so paid. Whether we decide to return the item as unpaid for insufficient funds or You agree to pay such item and create an overdraft in your account will depend us, on various factorsdemand, such as the amount of the item overdraft and all fees associated therewith. Whether we pay a withdrawal, fund transfer or other payment transaction in such circumstances is solely within our discretion, and we reserve the right not to do so. We typically do not pay Items into overdraft if your banking history with usAccount is not in good standing, you are not making regular deposits, or you have had excessive overdrafts, but we may also refuse to pay any Item into overdraft for any other reason or for no particular reason. We may assess impose NSF fees in connection with the return or rejection of any type of Item, and debit in connection with our decision to pay any type of Item into overdraft status, including cheques, ATM withdrawals or withdrawals by other electronic means. Among our other rights, either before or after we make a service charge against your account demand upon you for an item returned for insufficient funds or for an overdraft. Please see our Schedule payment of Service Fees and Charges for details. If we pay an item and create an overdraft in your account, you must immediately repay that overdraft and any overdraft charge we assessed, and you must also reimburse us for all costs and expenses (including attorneys’ fees and expenses to the extent permitted by applicable law) that we incur in attempting to recover that overdraft and service charge from you. If your account is a joint account, then each account holder is responsible for the repayment of all overdrafts in the account and all related service charges and collection costs and expenses (including attorneys’ fees and expenses to the extent permitted by applicable law), regardless of which account holder issued, initiated, authorized amount or benefitted from the proceeds of the item that created the over- draft. In additionNSF fees, we may exercise our right deduct all or any part of setoff against the amount of the overdraft and associated fees from the Account or any other accounts you (including any joint Account holder) may have with us or any joint owner maintains with us, of our Affiliates. If we deduct all or any part of the amount of the overdraft and we may apply any later deposits associated fees from the Account or your other accounts (including deposits those of Social Security or other government benefits) made to any account that you or any joint account holder maintains with us to pay for the overdrafts and any service fees and other charges. We generally will send you a notice when an item has been presented to us for payment from your account that would create an overdraft; howeverAccount holder), we will not be liable to you if we fail to send you such notice. You authorize us to assess or any other person for dishonouring transactions, including cheques and debit a charge against your account for each item we return for insufficient funds and each overdraft in the amounts specified in our Schedule of Service Fees and Charges. You agree that we will not be liable if we dishonor your other items Items, because of insufficient funds in your account resulting from our assessing the deduction of such overdraft amount and debiting such charges, or because of the order in which we pay your items. However, we will not assess and debit your account for charges for items we return for insufficient funds or overdrafts if your negative available balance falls within a tolerance threshold as specified in our Schedule of Service Fees and Charges. Charges for items we return for insufficient funds and charges for overdrafts are subject to a daily maximum as also specified in our Schedule of Service Fees and Charges. If you do not use an Overdraft Protection Service, then the actions that we are authorized to take in connection with an item presented to us for payment from your account and that would create an overdraft in your account if paid will depend upon the type of item, and those actions are as follows: - ATM and “One-Time” Debit Card Transactions. We generally will not authorize an ATM withdrawal from your account if your available balance shows that allowing the withdrawal would create an overdraft. We also generally will not authorize a “one-time” debit card transaction (also known as an “everyday” debit card transaction) against your account if your available balance shows that allowing the payment would create an overdraft, unless you have requested that we pay those transactions as overdrafts through our Debit Card Overdraft Authorization and Enrollment. We reserve the right, on a case-by-case basis and in our sole discretion, to authorize and pay any ATM or debit card transaction, even if it would create an overdraft. If you have not requested that we pay your debit card transactions as overdrafts, we will not assess an overdraft charge against your account. However, you must immediately repay any resulting overdraft. Even if you request that we pay your debit card transactions as overdrafts, it does not mean that we will allow such overdrafts to occur. - Items other than ATM and “One-Time” Debit Card Transactions. We reserve the right to take the following actions, without prior notice to you, if we receive an item other than an ATM or “one-time” (“everyday”) debit card transaction for payment from your account and your available balance is not sufficient to pay the item: - We may decline to pay the item and return it unpaid, or - We may pay the item and create an overdraft in your account. At no time will we be obligated to pay any item that would create an overdraftassociated fees. The fact that we may pay an item and create an overdraft in your account withdrawals, fund transfers or other payment requests that overdraw the Account on one or more times occasions does not mean we will continue obligate us to do soso on any future occasion and does not prevent us from recovering from you the amount of the overdraft and associated fees. We Our NSF fees and other fees and charges are not required to notify you set out in advance if we change how we handle payment our Schedule of any item that would create an overdraft. If you are not covered by one of our Overdraft Protection Services described below, and you prefer that we authorize your “onetime” (“everyday”) debit card transactions for payment when your available balance is not sufficient to cover them, then you should consider our Debit Card Overdraft Authorization and EnrollmentFees.

Appears in 2 contracts

Samples: www.belizebank.com, www.belizebank.com

Insufficient Funds and Overdrafts. It is your responsibility to know if there are sufficient funds in your account before you write If a check, make a cash withdrawal at an ATM, make a purchase with your debit cardin-person withdrawal, or issuetransaction made by other electronic means, initiate or authorize any other item for payment from your account. It hereafter referred to as an item, is important that you carefully monitor the funds in your account, drawn on this account and promptly record in your account register all of your deposits to, and items that you issue, initiate or authorize for payment from, your account. You should never assume that you can make a covering deposit to your account before an item will be presented to us for payment because items there are often presented to us for payment very quickly, and because funds from your covering deposit may not be immediately available for withdrawal. You can avoid insufficient funds and overdraft charges by making sure that your account always contains sufficient funds to cover all of your withdrawals and payment transactions. If your available balance is not sufficient to cover any item presented to us for payment, the item will be posted provisionally to your account pending our decision to return or to pay the item. We have the right, in our sole discretion, we may pay or refuse to either (1) reverse the provisional posting of the item to your account and return the item to the payee as unpaid for insufficient funds, or (2) pay the item and create an charge the Insufficient Funds fee. If we pay a debit Point of Sale transaction which overdraws the account, we may charge the Overdraft fee – POS and deduct the overdraft in your account. Whether we decide to return from the item as unpaid for insufficient funds next deposit or to pay such item and create an overdraft in your account will depend on various factors, such as the amount of the item and your banking history with us. We may assess and debit a service charge against your account for an item returned for insufficient funds or for an overdraft. Please see our Schedule of Service Fees and Charges for detailsuse any other collection remedy. If we pay an item and create an overdraft in your accountwhich is presented against uncollected funds, you must immediately repay that overdraft and any overdraft we may charge we assessedthe Uncollected Funds fee. More than one Insufficient Funds, and you must also reimburse us for all costs and expenses (including attorneys’ fees and expenses to the extent permitted by applicable law) that we incur in attempting to recover that overdraft and service charge from you. If Overdraft - POS, or Uncollected Funds fee may be charged against your account is a joint accountper day, then each account holder is responsible for depending on the repayment number of all overdrafts items presented on the same day. Transactions may not be processed in the account order in which they occurred. The order in which transactions are received and all related service charges processed by the bank can affect the amount of fees you may incur. Fees may be imposed on both paper and collection costs and expenses (including attorneys’ fees and expenses electronic transfers. We do not in any way obligate ourselves to the extent permitted by applicable law)pay any item which would overdraw this account, regardless of the frequency with which account holder issued, initiated, authorized or benefitted from the proceeds of the item that created the over- draft. In addition, we may exercise our right do so as a matter of setoff against any other accounts you or any joint owner maintains with us, and we may apply any later deposits (including deposits of Social Security or other government benefits) made to any account that you or any joint account holder maintains with us to pay for the overdrafts and any service fees and other charges. We generally will send you a notice when an item has been presented to us for payment from your account that would create an overdraft; however, we will not be liable to you if we fail to send you such noticepractice. You authorize us to assess and debit obtain a charge against your account for each item we return for insufficient funds and each overdraft credit bureau report on any accountholder in the amounts specified event that it becomes necessary to collect overdrafts on your account. If we enlist the services of an attorney for collection purposes, we have the right to collect reasonable attorney's fees and court costs from you. Statements - To minimize our mutual risk of loss, you must carefully examine your statement and report any errors, forgeries, unauthorized withdrawals or alterations to us as soon as possible, but in our Schedule no event, later than 60 days after the statement is made available to you. If no report is made to us within such time, you waive your right to contest the payment of Service Fees any items so disclosed, and Chargesyou accept the charges assessed and the account balance reported as correct. You Notice - Notice from us to any one of you, whether by mail, or otherwise, shall constitute notice to all of you. Account Transfer - This account may not be transferred. Set-Off - By signing this form you each agree that we will not be liable if we dishonor your other items because of insufficient may at any time (and without prior notice, except as prohibited by law) set-off funds in this account against any debt owed to us now or in the future, by any of you having the right of withdrawal, subject to any limit on the right of withdrawal from this account by such person or legal entity. This right of set-off does not apply to this account if (a) it is an IRA or a tax-deferred retirement account; or (b) the debtor's right of withdrawal only arises in a representative capacity. Exchange of Information - We are permitted under law to share information about our experiences or transactions with you or your account resulting from our assessing and debiting (such charges, or because of the order in which we pay your items. However, we will not assess and debit as your account for charges for items balance and your payment history with us) with companies related to us by common control or ownership (affiliates). We also may share additional information about you or your account (such as information we return for insufficient funds or overdrafts if receive from you in applications and information from credit reporting agencies) with our affiliates. You may instruct Canandaigua National Corporation not to share information (other than information related to account history and our experiences with you) within the Canandaigua National Corporation family of financial service companies, by calling us toll free at 0-000-000-0000. Stop Payment - Upon your negative available balance falls within request, a tolerance threshold as specified in our Schedule of Service Fees and Chargesstop payment order may be placed against a specific check(s). Charges for items we return for insufficient funds and charges for overdrafts are This request is subject to a daily maximum as also specified "Stop Payment" fee. An oral order is binding for only fourteen calendar days unless confirmed in our Schedule of Service Fees and Chargeswriting within that period. If you do not use an Overdraft Protection Service, then the actions that we are authorized to take A written order is effective for only six months unless renewed in connection with an item presented to us for payment from your account and that would create an overdraft in your account if paid will depend upon the type of item, and those actions are as follows: - ATM and “One-Time” Debit Card Transactions. We generally will not authorize an ATM withdrawal from your account if your available balance shows that allowing the withdrawal would create an overdraft. We also generally will not authorize a “one-time” debit card transaction (also known as an “everyday” debit card transaction) against your account if your available balance shows that allowing the payment would create an overdraft, unless you have requested that we pay those transactions as overdrafts through our Debit Card Overdraft Authorization and Enrollment. We reserve the right, on a case-by-case basis and in our sole discretion, to authorize and pay any ATM or debit card transaction, even if it would create an overdraft. If you have not requested that we pay your debit card transactions as overdrafts, we will not assess an overdraft charge against your account. However, you must immediately repay any resulting overdraft. Even if you request that we pay your debit card transactions as overdrafts, it does not mean that we will allow such overdrafts to occur. - Items other than ATM and “One-Time” Debit Card Transactions. We reserve the right to take the following actions, without prior notice to you, if we receive an item other than an ATM or “one-time” (“everyday”) debit card transaction for payment from your account and your available balance is not sufficient to pay the item: - We may decline to pay the item and return it unpaid, or - We may pay the item and create an overdraft in your account. At no time will we be obligated to pay any item that would create an overdraft. The fact that we pay an item and create an overdraft in your account one or more times does not mean we will continue to do so. We are not required to notify you in advance if we change how we handle payment of any item that would create an overdraft. If you are not covered by one of our Overdraft Protection Services described below, and you prefer that we authorize your “onetime” (“everyday”) debit card transactions for payment when your available balance is not sufficient to cover them, then you should consider our Debit Card Overdraft Authorization and Enrollmentwriting.

Appears in 1 contract

Samples: www.cnbank.com

Insufficient Funds and Overdrafts. It is your responsibility to know if there are sufficient funds in your account before you write If a check, make a cash withdrawal at an ATM, make a purchase with your debit cardin-person withdrawal, or issuetransaction made by other electronic means, initiate or authorize any other item for payment from your account. It hereafter referred to as an item, is important that you carefully monitor the funds in your account, drawn on this account and promptly record in your account register all of your deposits to, and items that you issue, initiate or authorize for payment from, your account. You should never assume that you can make a covering deposit to your account before an item will be presented to us for payment because items there are often presented to us for payment very quickly, and because funds from your covering deposit may not be immediately available for withdrawal. You can avoid insufficient funds and overdraft charges by making sure that your account always contains sufficient funds to cover all of your withdrawals and payment transactions. If your available balance is not sufficient to cover any item presented to us for payment, the item will be posted provisionally to your account pending our decision to return or to pay the item. We have the right, in our sole discretion, we may pay or refuse to either (1) reverse the provisional posting of the item to your account and return the item to the payee as unpaid for insufficient funds, or (2) pay the item and create an charge the Insufficient Funds fee. If we pay a debit Point of Sale transaction which overdraws the account, we may charge the Overdraft fee – POS and deduct the overdraft in your account. Whether we decide to return from the item as unpaid for insufficient funds next deposit or to pay such item and create an overdraft in your account will depend on various factors, such as the amount of the item and your banking history with us. We may assess and debit a service charge against your account for an item returned for insufficient funds or for an overdraft. Please see our Schedule of Service Fees and Charges for detailsuse any other collection remedy. If we pay an item and create an overdraft in your accountwhich is presented against uncollected funds, you must immediately repay that overdraft and any overdraft we may charge we assessedthe Uncollected Funds fee. More than one Insufficient Funds, and you must also reimburse us for all costs and expenses (including attorneys’ fees and expenses to the extent permitted by applicable law) that we incur in attempting to recover that overdraft and service charge from you. If Overdraft - POS, or Uncollected Funds fee may be charged against your account is a joint accountper day, then each account holder is responsible for depending on the repayment number of all overdrafts items presented on the same day. Transactions may not be processed in the account order in which they occurred. The order in which transactions are received and all related service charges processed by the bank can affect the amount of fees you may incur. Fees may be imposed on both paper and collection costs and expenses (including attorneys’ fees and expenses electronic transfers. We do not in any way obligate ourselves to the extent permitted by applicable law)pay any item which would overdraw this account, regardless of the frequency with which account holder issued, initiated, authorized or benefitted from the proceeds of the item that created the over- draft. In addition, we may exercise our right do so as a matter of setoff against any other accounts you or any joint owner maintains with us, and we may apply any later deposits (including deposits of Social Security or other government benefits) made to any account that you or any joint account holder maintains with us to pay for the overdrafts and any service fees and other charges. We generally will send you a notice when an item has been presented to us for payment from your account that would create an overdraft; however, we will not be liable to you if we fail to send you such noticepractice. You authorize us to assess and debit obtain a charge against your account for each item we return for insufficient funds and each overdraft credit bureau report on any accountholder in the amounts specified event that it becomes necessary to collect overdrafts on your account. If we enlist the services of an attorney for collection purposes, we have the right to collect reasonable attorney's fees and court costs from you. Statements -To minimize our mutual risk of loss, you must carefully examine your statement and report any errors, forgeries, unauthorized withdrawals or alterations to us as soon as possible, but in our Schedule no event, later than 60 days after the statement is made available to you. If no report is made to us within such time, you waive your right to contest the payment of Service Fees any items so disclosed, and Chargesyou accept the charges assessed and the account balance reported as correct. You Notice - Notice from us to any one of you, whether by mail, or otherwise, shall constitute notice to all of you. Account Transfer - This account may not be transferred. Set-Off - By signing this form you each agree that we will not be liable if we dishonor your other items because of insufficient may at any time (and without prior notice, except as prohibited by law) set-off funds in this account against any debt owed to us now or in the future, by any of you having the right of withdrawal, subject to any limit on the right of withdrawal from this account by such person or legal entity. This right of set-off does not apply to this account if (a) it is an IRA or a tax-deferred retirement account; or (b) the debtor's right of withdrawal only arises in a representative capacity. Disclosure of Account Information – The Bank’s use of account information is governed by the Bank’s Privacy Policy, which can be found on xxx.xxxxxx.xxx. Stop Payment - Upon your account resulting from our assessing and debiting such chargesrequest, or because of the a stop payment order in which we pay your itemsmay be placed against a specific check(s). However, we will not assess and debit your account for charges for items we return for insufficient funds or overdrafts if your negative available balance falls within a tolerance threshold as specified in our Schedule of Service Fees and Charges. Charges for items we return for insufficient funds and charges for overdrafts are This request is subject to a daily maximum as also specified "Stop Payment" fee. An oral order is binding for only fourteen calendar days unless confirmed in our Schedule of Service Fees and Chargeswriting within that period. If you do not use an Overdraft Protection Service, then the actions that we are authorized to take A written order is effective for only six months unless renewed in connection with an item presented to us for payment from your account and that would create an overdraft in your account if paid will depend upon the type of item, and those actions are as follows: - ATM and “One-Time” Debit Card Transactions. We generally will not authorize an ATM withdrawal from your account if your available balance shows that allowing the withdrawal would create an overdraft. We also generally will not authorize a “one-time” debit card transaction (also known as an “everyday” debit card transaction) against your account if your available balance shows that allowing the payment would create an overdraft, unless you have requested that we pay those transactions as overdrafts through our Debit Card Overdraft Authorization and Enrollment. We reserve the right, on a case-by-case basis and in our sole discretion, to authorize and pay any ATM or debit card transaction, even if it would create an overdraft. If you have not requested that we pay your debit card transactions as overdrafts, we will not assess an overdraft charge against your account. However, you must immediately repay any resulting overdraft. Even if you request that we pay your debit card transactions as overdrafts, it does not mean that we will allow such overdrafts to occur. - Items other than ATM and “One-Time” Debit Card Transactions. We reserve the right to take the following actions, without prior notice to you, if we receive an item other than an ATM or “one-time” (“everyday”) debit card transaction for payment from your account and your available balance is not sufficient to pay the item: - We may decline to pay the item and return it unpaid, or - We may pay the item and create an overdraft in your account. At no time will we be obligated to pay any item that would create an overdraft. The fact that we pay an item and create an overdraft in your account one or more times does not mean we will continue to do so. We are not required to notify you in advance if we change how we handle payment of any item that would create an overdraft. If you are not covered by one of our Overdraft Protection Services described below, and you prefer that we authorize your “onetime” (“everyday”) debit card transactions for payment when your available balance is not sufficient to cover them, then you should consider our Debit Card Overdraft Authorization and Enrollmentwriting.

Appears in 1 contract

Samples: www.cnbank.com

Insufficient Funds and Overdrafts. It is your responsibility to know if We determine whether there are sufficient funds in Sufficient Available Funds to pay for an Item using your account before you write a checkAccount’s Ledger Balance, make a cash withdrawal at an ATMminus any holds placed on your Account pursuant to the terms of this Agreement, make a purchase with your debit cardincluding, or issue, initiate or authorize any other item for payment from your account. It is important that you carefully monitor the funds in your account, and promptly record in your account register all of your deposits but not limited to, Section 7.Z for suspected fraud or to comply with legal requirements and items that you issue, initiate Section 8 for extended holds; or authorize the BMO Digital Banking Agreement for payment from, your accountdeposits made using Mobile Deposit. You should never assume that you can make a covering deposit to your account before an item will be presented to us for payment because items are often presented to us for payment very quickly, and because funds from your covering deposit This balance may not be immediately available for withdrawal. You can avoid insufficient funds the same as any other balance described in this Agreement, and overdraft charges by making sure that your account always contains sufficient funds to cover all an Item may result in an Overdraft or be returned unpaid regardless of your withdrawals and payment transactions. If your available balance is not sufficient to cover Account’s Ledger Balance or any item presented to us for payment, the item will be posted provisionally to your account pending our decision to return or to pay the itemother balance. We have no obligation to pay any Item unless you have Sufficient Available Funds in your Account when the rightItem is presented for payment. We will determine if you have Sufficient Available Funds to pay an Item when we process the Item presented for payment. We will determine whether you have Sufficient Available Funds to pay an Item only once each time the Item is presented to us. If you do not have Sufficient Available Funds in your Account to pay an Item, we will determine, in our sole discretion, whether to either (1) reverse the provisional posting of the item to your account and return the item to the payee as unpaid for insufficient funds, or (2) pay the item Item and create an overdraft in your account. Whether we decide to Overdraft or return the item as Item unpaid. An Item returned unpaid may be re-presented for insufficient funds or payment multiple times. We will determine, in our sole discretion, whether to pay such item and create an overdraft in your account will depend on various factors, such as or return the amount of the item and your banking history with us. We may assess and debit a service charge against your account for an item returned for insufficient funds Item each time it is presented or for an overdraft. Please see our Schedule of Service Fees and Charges for details. If we pay an item and create an overdraft in your account, you must immediately repay that overdraft and any overdraft charge we assessed, and you must also reimburse us for all costs and expenses (including attorneys’ fees and expenses to the extent permitted by applicable law) that we incur in attempting to recover that overdraft and service charge from you. If your account is a joint account, then each account holder is responsible for the repayment of all overdrafts in the account and all related service charges and collection costs and expenses (including attorneys’ fees and expenses to the extent permitted by applicable law), regardless of which account holder issued, initiated, authorized or benefitted from the proceeds of the item that created the over- draft. In addition, we may exercise our right of setoff against any other accounts you or any joint owner maintains with us, and we may apply any later deposits (including deposits of Social Security or other government benefits) made to any account that you or any joint account holder maintains with us to pay for the overdrafts and any service fees and other charges. We generally will send you a notice when an item has been re-presented to us for payment from your account that would create an overdraft; howeverpayment. We may determine if you have Sufficient Available Funds to authorize transactions, we will including but not be liable limited to you if we fail to send you such notice. You authorize us to assess and debit a charge against your account for each item we return for insufficient funds and each overdraft in Card transactions, at the amounts specified in our Schedule of Service Fees and Charges. You agree that we will not be liable if we dishonor your other items because of insufficient funds in your account resulting from our assessing and debiting such charges, or because time of the order in authorization at the request of a merchant at POS or prior to receiving the Item for payment. Even if you had Sufficient Available Funds when the transaction was authorized, this authorization does not mean you will have Sufficient Available Funds to pay that Item when it is presented for payment, which we pay your items. However, we will not assess and debit your account for charges for items we return for insufficient funds or overdrafts if your negative available balance falls within a tolerance threshold as specified in our Schedule of Service Fees and Charges. Charges for items we return for insufficient funds and charges for overdrafts are subject to a daily maximum as also specified in our Schedule of Service Fees and Chargesmay be several days later. If you do not use have Sufficient Available Funds in your Account to pay an Overdraft Protection ServiceItem, then the actions but we choose to pay it and create an Overdraft, you agree that we are authorized permitted to take charge you an Overdraft Fee, as allowed by Applicable Law and as set forth in connection with an item presented to us for payment from your account and that would create an overdraft in your account if paid will depend upon the type of item, and those actions are as follows: - ATM and “One-Time” Debit Card TransactionsDeposit Account Disclosure or the BMO Xxxxxx Bank Business Service Fee Schedule. We generally will not authorize charge you an ATM withdrawal from your account if your Overdraft Fee if: • The amount of the Item is less than or equal to $5; • Your Account is overdrawn by $50 or less at the close of the Business Day the Item is presented for payment; • Your Account is overdrawn by $50 or less at the close of the first Business Day after the Item is presented for payment. Deposits may not be available balance shows that allowing the withdrawal would create an overdraftimmediately. We also generally will not authorize a “one-time” debit card transaction (also known as an “everyday” debit card transaction) against your account if your available balance shows that allowing the payment would create an overdraft, unless you have requested that we pay those transactions as overdrafts through Please see our Debit Card Overdraft Authorization and Enrollment. We reserve the right, on a case-by-case basis and Funds Availability Policy for Deposit Accounts in our sole discretion, to authorize and pay any ATM or debit card transaction, even if it would create an overdraft. If you have not requested that we pay your debit card transactions as overdrafts, we will not assess an overdraft charge against your account. However, you must immediately repay any resulting overdraft. Even if you request that we pay your debit card transactions as overdrafts, it does not mean that we will allow such overdrafts to occur. - Items other than ATM and “One-Time” Debit Card Transactions. We reserve the right to take the following actions, without prior notice to you, if we receive an item other than an ATM or “one-time” (“everyday”) debit card transaction Section 8 below for payment from your account and your available balance is not sufficient to pay the item: - We may decline to pay the item and return it unpaid, or - We may pay the item and create an overdraft in your account. At no time will we be obligated to pay any item that would create an overdraft. The fact that we pay an item and create an overdraft in your account one or more times does not mean we will continue to do so. We are not required to notify you in advance if we change how we handle payment of any item that would create an overdraft. If you are not covered by one of our Overdraft Protection Services described below, and you prefer that we authorize your “onetime” (“everyday”) debit card transactions for payment when your available balance is not sufficient to cover them, then you should consider our Debit Card Overdraft Authorization and Enrollment.information;

Appears in 1 contract

Samples: Box Agreement

Insufficient Funds and Overdrafts. It is your responsibility to know if there are sufficient funds in your account before you write a check, make a cash withdrawal at an ATM, make a purchase with your debit card, or issue, initiate or authorize any other item for payment from your account. It is important that you carefully monitor the funds in your account, and promptly record in your account register all of your deposits to, and items that you issue, initiate or authorize for payment from, your account. You should never assume that you can make a covering deposit to your account before an item will be presented to us for payment because items are often presented to us for payment very quickly, and because funds from your covering deposit may not be immediately available for withdrawal. You can avoid insufficient funds and overdraft charges by making sure that your account always contains sufficient funds to cover all of your withdrawals and payment transactions. If your available balance is not sufficient to cover any item presented to us for payment, the item will be posted provisionally to your account pending our decision to return or to pay the item. We have the right, in our sole discretion, to either (1) reverse the provisional posting of the item to your account and return the item to the payee as unpaid for insufficient funds, or (2) pay the item and create an overdraft in your account. Whether we decide to return the item as unpaid for insufficient funds or to pay such item and create an overdraft over- draft in your account will depend on various factors, such as the amount of the item and your banking history with us. We may assess and debit a service charge against your account for an item returned for insufficient funds or for an overdraft. Please see our Schedule of Service Fees and Charges for details. If we pay an item and create an overdraft in your account, you must immediately repay that overdraft and any overdraft charge we assessed, and you must also reimburse us for all costs and expenses (including attorneys’ fees and expenses to the extent permitted by applicable law) that we incur in attempting to recover that overdraft and service charge from you. If your account is a joint account, then each account holder is responsible for the repayment of all overdrafts in the account and all related service charges and collection costs and expenses (including attorneys’ fees and expenses to the extent permitted by applicable law), regardless of which account holder issued, initiated, authorized or benefitted from the proceeds of the item that created the over- draftoverdraft. In addition, we may exercise our right of setoff against any other accounts you or any joint owner maintains with us, and we may apply any later deposits (including deposits of Social Security or other government benefits) made to any account that you or any joint account holder maintains with us to pay for the overdrafts and any service fees and other charges. We generally will send you a notice when an item has been presented to us for payment from your account that would create an overdraftover- draft; however, we will not be liable to you if we fail to send you such notice. You authorize us to assess and debit a charge against your account for each item we return for insufficient funds and each overdraft in the amounts specified in our Schedule of Service Fees and Charges. You agree that we will not be liable if we dishonor your other items because of insufficient funds in your account resulting from our assessing and debiting such charges, or because of the order in which we pay your items. However, we will not assess and debit your account for charges for items we return for insufficient funds or overdrafts if your negative available balance falls within a tolerance threshold as specified in our Schedule of Service Fees and Charges. Charges for items we return for insufficient funds and charges for overdrafts are subject to a daily maximum as also specified in our Schedule of Service Fees and Charges. If you do not use an Overdraft Protection Service, then the actions that we are authorized to take in connection with an item presented to us for payment from your account and that would create an overdraft in your account if paid will depend upon the type of item, and those actions are as follows: - ATM and “One-Time” Debit Card Transactions. We generally will not authorize an ATM withdrawal from your account if your available balance shows that allowing the withdrawal would create an overdraft. We also generally will not authorize a “one-time” debit card transaction (also known as an “everyday” debit card transaction) against your account if your available balance shows that allowing the payment would create an overdraft, unless you have requested that we pay those transactions as overdrafts through our Debit Card Overdraft Authorization and Enrollment. We reserve the right, on a case-by-case basis and in our sole discretion, to authorize and pay any ATM or debit card transaction, even if it would create an overdraft. If you have not requested that we pay your debit card transactions as overdrafts, we will not assess an overdraft charge against your account. However, you must immediately repay any resulting overdraft. Even if you request that we pay your debit card transactions as overdrafts, it does not mean that we will allow such overdrafts to occur. - Items other than ATM and “One-Time” Debit Card Transactions. We reserve the right to take the following actions, without prior notice to you, if we receive an item other than an ATM or “one-time” (“everyday”) debit card transaction for payment from your account and your available balance is not sufficient to pay the item: - We may decline to pay the item and return it unpaid, or - We may pay the item and create an overdraft in your account. At no time will we be obligated to pay any item that would create an overdraft. The fact that we pay an item and create an overdraft in your account one or more times does not mean we will continue to do so. We are not required to notify you in advance if we change how we handle payment of any item that would create an overdraft. If you are not covered by one of our Overdraft Protection Services described below, and you prefer that we authorize your “onetimeone- time” (“everyday”) debit card transactions for payment when your available balance is not sufficient to cover them, then you should consider our Debit Card Overdraft Authorization and Enrollment.

Appears in 1 contract

Samples: cups.cs.cmu.edu

Insufficient Funds and Overdrafts. Your Account Balances - Your checking account has two balances that determine whether you will be assessed an overdraft or a non-sufficient funds fee: the “Daily Collected Balance” and the “Available balance.” It is your responsibility important to understand how the two balances are calculated and how they are used to know if there when you may be charged Insufficient Funds Charges. Your Daily Collected Balance is all of your deposits, less transactions paid, and less transactions that you have preauthorized and for which a merchant has requested a hold (typically these are sufficient transactions made with your debit card over the MasterCard network – without entering your “PIN.”). Your Available Balance is all of your deposits, less any holds on deposits per our Funds Availability Policy, less transactions paid, and less preauthorized holds. A temporary debit authorization hold affects your Available Balance - On debit card purchases, merchants may request a temporary hold on your account for a specified sum of money, which may be more or less than the actual amount of your purchase. When this happens, our processing system cannot determine that the amount of the hold exceeds or is less than the actual amount of your purchase. This temporary hold, and the amount charged to your account, will eventually be adjusted to the actual amount of your purchase, but it may be up to three days before the adjustment is made. Until the adjustment is made, the amount of funds in your account before you write a check, make a cash withdrawal at an ATM, make a purchase Available Balance for other transactions will be reduced by the amount of the temporary hold. If another transaction (other than one made with your debit card, or issue, initiate or authorize any other item ) is presented for payment from your account. It is important that you carefully monitor in an amount greater than the funds in your account, and promptly record in your account register all left after the deduction of your deposits to, and items that you issue, initiate or authorize for payment from, your account. You should never assume that you can make a covering deposit to your account before an item will be presented to us for payment because items are often presented to us for payment very quickly, and because funds from your covering deposit may not be immediately available for withdrawal. You can avoid insufficient funds and overdraft charges by making sure that your account always contains sufficient funds to cover all of your withdrawals and payment transactions. If the temporary hold amount your available balance is not sufficient to cover any item presented to us for paymentbalance, the item will that transaction may be posted provisionally to your account pending our decision to return declined or to pay the item. We have the right, in our sole discretion, to either (1) reverse the provisional posting of the item to your account and return the item returned pursuant to the payee as unpaid for insufficient funds, or descriptions below. For everyday (2non-recurring) pay the item debit card and create an overdraft in your account. Whether we decide to return the item as unpaid for insufficient funds or to pay such item and create an overdraft in your account will depend on various factors, such as the amount of the item and your banking history with us. We may assess and debit a service charge against your account for an item returned for insufficient funds or for an overdraft. Please see our Schedule of Service Fees and Charges for details. If we pay an item and create an overdraft in your accountATM transactions, you must immediately repay that overdraft and any overdraft charge we assessed, and you must also reimburse opt-in to have us for all costs and expenses (including attorneys’ fees and expenses to the extent permitted by applicable law) that we incur in attempting to recover that overdraft and service charge from you. If cover your account is a joint account, then each account holder is responsible for the repayment of all overdrafts in the account and all related service charges and collection costs and expenses (including attorneys’ fees and expenses to the extent permitted by applicable law), regardless of which account holder issued, initiated, authorized or benefitted from the proceeds of the item that created the over- draft. In addition, we may exercise our right of setoff against any other accounts you or any joint owner maintains with us, and we may apply any later deposits (including deposits of Social Security or other government benefits) made to any account that you or any joint account holder maintains with us to pay for the overdrafts and any service fees and other charges. We generally will send you a notice when an item has been presented to us for payment from your account that would create an overdraft; however, we will not be liable to you if we fail to send you such notice. You authorize us to assess and debit a charge against your account for each item we return for insufficient funds and each overdraft in the amounts specified in our Schedule of Service Fees and Charges. You agree that we will not be liable if we dishonor your other items because of insufficient funds in your account resulting from our assessing and debiting such charges, or because of the order in which we pay your items. However, we will not assess and debit your account for charges for items we return for insufficient funds or overdrafts if your negative available balance falls within a tolerance threshold as specified in our Schedule of Service Fees and Charges. Charges for items we return for insufficient funds and charges for overdrafts are subject to a daily maximum as also specified in our Schedule of Service Fees and Chargesoverdrafts. If you do not opt-in, and a merchant asks us to authorize a transaction that exceeds your Available Balance, we will decline the transaction without assessing any fee. Other overdraft sources. In addition to the below overdraft program, the Bank offers customers a line of credit (if eligible) and a “draw account service,” which links your other eligible accounts to your checking account to avoid overdrafts. The cost for the line of credit is the applicable interest rate. And the cost of a transfer from another eligible account is $10.00 per transfer, regardless of if the transfer is enough to otherwise prevent an Insufficient Funds Charge. For additional terms and conditions, please see the Cash Reserve Agreement or the line of credit and please see the “Checking Account Disclosure” for additional terms for the draw account service. Checks, ACHs, and Xxxx Pay. The Bank uses your Daily Collected Balance, any overdraft sources (such as lines of credit or linked accounts) and your overdraft tolerance (if you have not opted out) to determine whether to pay or return a check or an ACH transaction. If we pay the transaction, we use the Daily Collected Balance plus your overdraft sources to assess whether or not to assess an Overdraft Protection ServiceInsufficient Funds Charge. If we return a transaction, then you will be assessed an Insufficient Funds Charge-Returned. If we pay the actions that transaction and it exceeds your Daily Collected Balance (plus overdraft sources), we are will assess an Insufficient Funds Charge – Paid. Merchants may attempt to be paid on the same authorized ACH or written check if their first attempt has been returned. You could be assessed an Insufficient Funds Charge each time a merchant attempts to take in connection be paid on an ACH or a check. Debit-Card Transactions over the MasterCard network. The Bank will use your Available Balance (and, with the exception of recurring debit card transactions, if you have opted into our overdraft program, your overdraft sources and overdraft tolerance to determine whether to authorize or decline a debit-card transaction). If we pay a transaction and the amount the merchant requests for authorization is within your Available Balance, the bank will not assess an item presented Insufficient Funds Charge-Paid. If we pay a transaction and the amount of the transaction the merchant presents to us for payment from is within your account and that would create an Available Balance (plus overdraft in your account if paid will depend upon sources), the type of item, and those actions are as follows: - ATM and “One-Time” Debit Card Transactions. We generally will not authorize an ATM withdrawal from your account if your available balance shows that allowing the withdrawal would create an overdraft. We also generally will not authorize a “one-time” debit card transaction (also known as an “everyday” debit card transaction) against your account if your available balance shows that allowing the payment would create an overdraft, unless you have requested that we pay those transactions as overdrafts through our Debit Card Overdraft Authorization and Enrollment. We reserve the right, on a case-by-case basis and in our sole discretion, to authorize and pay any ATM or debit card transaction, even if it would create an overdraft. If you have not requested that we pay your debit card transactions as overdrafts, we bank will not assess an Insufficient Funds Charge-Paid. If the amount the merchant requests for authorization exceeds your Available Balance at the time it is authorized and exceeds your Available Balance (plus overdraft charge against your account. However, you must immediately repay any resulting overdraft. Even if you request that sources) when we pay your debit card transactions as overdraftsit, it does not mean that we will allow such overdrafts to occur. - Items other than ATM and “Oneassess an Insufficient Funds Charge-Time” Debit Card Transactions. We reserve the right to take the following actions, without prior notice to you, if we receive an item other than an ATM or “one-time” (“everyday”) debit card transaction for payment from your account and your available balance is not sufficient to pay the item: - We may decline to pay the item and return it unpaid, or - We may pay the item and create an overdraft in your account. At no time will we be obligated to pay any item that would create an overdraft. The fact that we pay an item and create an overdraft in your account one or more times does not mean we will continue to do so. We are not required to notify you in advance if we change how we handle payment of any item that would create an overdraftPaid. If you are the transaction is declined, the Bank will not covered by one of our Overdraft Protection Services described below, and you prefer that we authorize your “onetime” (“everyday”) debit card transactions for payment when your available balance is not sufficient to cover them, then you should consider our Debit Card Overdraft Authorization and Enrollmentassess a fee.

Appears in 1 contract

Samples: Deposit Account Agreement

Insufficient Funds and Overdrafts. Your Account Balances - Your checking account has two balances that determine whether you will be assessed an overdraft or a non-sufficient funds fee: the “Daily Collected Balance” and the “Available balance.” It is your responsibility important to understand how the two balances are calculated and how they are used to know if there when you may be charged Insufficient Funds Charges. Your Daily Collected Balance is all of your deposits, less transactions paid, and less transactions that you have preauthorized and for which a merchant has requested a hold (typically these are sufficient transactions made with your debit card over the MasterCard network – without entering your “PIN.”). Your Available Balance is all of your deposits, less any holds on deposits per our Funds Availability Policy, less transactions paid, and less preauthorized holds. A temporary debit authorization hold affects your Available Balance - On debit card purchases, merchants may request a temporary hold on your account for a specified sum of money, which may be more or less than the actual amount of your purchase. When this happens, our processing system cannot determine that the amount of the hold exceeds or is less than the actual amount of your purchase. This temporary hold, and the amount charged to your account, will eventually be adjusted to the actual amount of your purchase, but it may be up to three days before the adjustment is made. Until the adjustment is made, the amount of funds in your account before you write a check, make a cash withdrawal at an ATM, make a purchase Available Balance for other transactions will be reduced by the amount of the temporary hold. If another transaction (other than one made with your debit card, or issue, initiate or authorize any other item ) is presented for payment from your account. It is important that you carefully monitor in an amount greater than the funds in your account, and promptly record in your account register all left after the deduction of your deposits to, and items that you issue, initiate or authorize for payment from, your account. You should never assume that you can make a covering deposit to your account before an item will be presented to us for payment because items are often presented to us for payment very quickly, and because funds from your covering deposit may not be immediately available for withdrawal. You can avoid insufficient funds and overdraft charges by making sure that your account always contains sufficient funds to cover all of your withdrawals and payment transactions. If the temporary hold amount your available balance is not sufficient to cover any item presented to us for paymentbalance, the item will that transaction may be posted provisionally to your account pending our decision to return declined or to pay the item. We have the right, in our sole discretion, to either (1) reverse the provisional posting of the item to your account and return the item returned pursuant to the payee as unpaid for insufficient funds, or descriptions below. For everyday (2non- recurring) pay the item debit card and create an overdraft in your account. Whether we decide to return the item as unpaid for insufficient funds or to pay such item and create an overdraft in your account will depend on various factors, such as the amount of the item and your banking history with us. We may assess and debit a service charge against your account for an item returned for insufficient funds or for an overdraft. Please see our Schedule of Service Fees and Charges for details. If we pay an item and create an overdraft in your accountATM transactions, you must immediately repay that overdraft and any overdraft charge we assessed, and you must also reimburse opt-in to have us for all costs and expenses (including attorneys’ fees and expenses to the extent permitted by applicable law) that we incur in attempting to recover that overdraft and service charge from you. If cover your account is a joint account, then each account holder is responsible for the repayment of all overdrafts in the account and all related service charges and collection costs and expenses (including attorneys’ fees and expenses to the extent permitted by applicable law), regardless of which account holder issued, initiated, authorized or benefitted from the proceeds of the item that created the over- draft. In addition, we may exercise our right of setoff against any other accounts you or any joint owner maintains with us, and we may apply any later deposits (including deposits of Social Security or other government benefits) made to any account that you or any joint account holder maintains with us to pay for the overdrafts and any service fees and other charges. We generally will send you a notice when an item has been presented to us for payment from your account that would create an overdraft; however, we will not be liable to you if we fail to send you such notice. You authorize us to assess and debit a charge against your account for each item we return for insufficient funds and each overdraft in the amounts specified in our Schedule of Service Fees and Charges. You agree that we will not be liable if we dishonor your other items because of insufficient funds in your account resulting from our assessing and debiting such charges, or because of the order in which we pay your items. However, we will not assess and debit your account for charges for items we return for insufficient funds or overdrafts if your negative available balance falls within a tolerance threshold as specified in our Schedule of Service Fees and Charges. Charges for items we return for insufficient funds and charges for overdrafts are subject to a daily maximum as also specified in our Schedule of Service Fees and Chargesoverdrafts. If you do not opt-in, and a merchant asks us to authorize a transaction that exceeds your Available Balance, we will decline the transaction without assessing any fee. Other overdraft sources. In addition to the below overdraft program, the Bank offers customers a line of credit (if eligible) and a “draw account service,” which links your other eligible accounts to your checking account to avoid overdrafts. The cost for the line of credit is the applicable interest rate. And the cost of a transfer from another eligible account is $10.00 per transfer, regardless if the transfer is enough to otherwise prevent an Insufficient Funds Charge. For additional terms and conditions, please see the Cash Reserve Agreement or the line of credit and please see the “Checking Account Disclosure” for additional terms for the draw account service. Checks, ACHs, and Xxxx Pay. The Bank uses your Daily Collected Balance, any overdraft sources (such as lines of credit or linked accounts) and your overdraft tolerance (if you have not opted out) to determine whether to pay or return a check or an ACH transaction. If we pay the transaction, we use the Daily Collected Balance plus your overdraft sources to assess whether or not to assess an Overdraft Protection ServiceInsufficient Funds Charge. If we return a transaction, then you will be assessed an Insufficient Funds Charge-Returned. If we pay the actions that transaction and it exceeds your Daily Collected Balance (plus overdraft sources), we are will assess an Insufficient Funds Charge – Paid. Merchants may attempt to be paid on the same authorized ACH or written check if their first attempt has been returned. You could be assessed an Insufficient Funds Charge each time a merchant attempts to take in connection be paid on an ACH or a check. Debit-Card Transactions over the MasterCard network. The Bank will use your Available Balance (and, with the exception of recurring debit card transactions, if you have opted into our overdraft program, your overdraft sources and overdraft tolerance to determine whether to authorize or decline a debit-card transaction). If we pay a transaction and the amount the merchant requests for authorization is within your Available Balance, the bank will not assess an item presented Insufficient Funds Charge-Paid. If we pay a transaction and the amount of the transaction the merchant presents to us for payment from is within your account and that would create an Available Balance (plus overdraft in your account if paid will depend upon sources), the type of item, and those actions are as follows: - ATM and “One-Time” Debit Card Transactions. We generally will not authorize an ATM withdrawal from your account if your available balance shows that allowing the withdrawal would create an overdraft. We also generally will not authorize a “one-time” debit card transaction (also known as an “everyday” debit card transaction) against your account if your available balance shows that allowing the payment would create an overdraft, unless you have requested that we pay those transactions as overdrafts through our Debit Card Overdraft Authorization and Enrollment. We reserve the right, on a case-by-case basis and in our sole discretion, to authorize and pay any ATM or debit card transaction, even if it would create an overdraft. If you have not requested that we pay your debit card transactions as overdrafts, we bank will not assess an Insufficient Funds Charge-Paid. If the amount the merchant requests for authorization exceeds your Available Balance at the time it is authorized and exceeds your Available Balance (plus overdraft charge against your account. However, you must immediately repay any resulting overdraft. Even if you request that sources) when we pay your debit card transactions as overdraftsit, it does not mean that we will allow such overdrafts to occur. - Items other than ATM and “Oneassess an Insufficient Funds Charge-Time” Debit Card Transactions. We reserve the right to take the following actions, without prior notice to you, if we receive an item other than an ATM or “one-time” (“everyday”) debit card transaction for payment from your account and your available balance is not sufficient to pay the item: - We may decline to pay the item and return it unpaid, or - We may pay the item and create an overdraft in your account. At no time will we be obligated to pay any item that would create an overdraft. The fact that we pay an item and create an overdraft in your account one or more times does not mean we will continue to do so. We are not required to notify you in advance if we change how we handle payment of any item that would create an overdraftPaid. If you are the transaction is declined, the Bank will not covered by one of our Overdraft Protection Services described below, and you prefer that we authorize your “onetime” (“everyday”) debit card transactions for payment when your available balance is not sufficient to cover them, then you should consider our Debit Card Overdraft Authorization and Enrollmentassess a fee.

Appears in 1 contract

Samples: Deposit Account Agreement

Insufficient Funds and Overdrafts. It is your responsibility to know if there are sufficient available funds in your account before you write a check, make a cash withdrawal at an ATM, make a purchase with your debit card, or issue, initiate or authorize any other item for payment from your account. It is important that you carefully monitor the funds in your accountavailable balance and current balance, and promptly record in your account register all of your deposits to, and all items that you issue, initiate initiate, or authorize for payment from, from your account. You should never assume that you can make a covering deposit to your account before an item will be presented to us for payment because payment—items are often presented to us for payment very quickly, quickly and because funds from your covering deposit may not be immediately available for withdrawal. You can avoid insufficient funds and overdraft charges (as applicable to your account) by making sure that your account available balance is always contains sufficient funds to cover at the time all of your withdrawals items, withdrawals, and payment transactions. transactions are presented to us for payment (including items that you have authorized but have not yet been presented to us for payment.) If your available balance is not sufficient to cover any an item presented to us for paymentat the time of posting, the item will be posted provisionally to your account pending our decision to return or to pay the item. We have the right, in our sole discretion, to either (1) reverse the provisional posting of the item to your account and return the item to the payee as unpaid for insufficient funds, or (2) pay the item and create an overdraft in your account. Whether we decide to return the item as unpaid for insufficient funds or to pay such item and create an overdraft in your account will depend on various factors, such as the amount of the item and your banking history with us. We You will incur, and we may assess debit from your account, an overdraft charge for each item that results in an overdraft; however, for Consumer Banking accounts, an overdraft charge will not apply to any debit card transaction that results in an overdraft. For Commercial Banking accounts, you will incur, and we may debit a service from your account, an insufficient funds charge against your account for an each item returned for insufficient funds or and an overdraft charge for each item that results in an overdraft. Please see our your Schedule of Service Fees and Charges for details. After an item, such as a check or ACH transaction, is returned due to insufficient funds, the Bank may receive one or more additional requests to pay the intended payee. Each such subsequent request is a separate item, and the Bank may assess and debit an insufficient funds charge or an overdraft charge for each request; however, for Consumer Banking accounts, an insufficient funds charge will not apply to any such request. If we pay an item and create an overdraft in your account, you must immediately repay that overdraft and any overdraft charge we assessed, and you incurred. You must also reimburse us for all costs and expenses (including attorneys’ fees and expenses to the extent permitted by applicable law) that we incur in attempting to recover that overdraft and service charge from you. If your account is a joint account, then each account holder accountholder is responsible for the repayment of all overdrafts in the account and account, all related service charges and charges, collection costs and expenses (expenses, including attorneys’ fees and expenses to the extent permitted by applicable law), . Each joint accountholder is responsible for overdrafts and related fees regardless of which account holder accountholder issued, initiated, authorized authorized, or benefitted from the proceeds of the item that created the over- draftoverdraft. In addition, we may exercise our right of setoff against any other accounts you or any joint owner maintains with us, and we may apply any later deposits (including deposits of Social Security or other government benefits) made to any account that you or any joint account holder accountholder maintains with us to pay for the overdrafts and any service fees and other charges. We will generally will send you a notice when after an item has been presented to us for payment from your account that would create creates an overdraft; however, we will not be liable to you if we fail to send you such notice. You authorize us to assess will incur, and we may debit from your account, a charge against your account for each item we return for insufficient funds and each overdraft in the amounts as specified in our your applicable Schedule of Service Fees and Charges. With respect to Commercial Banking accounts, for an item that was subject to an authorization hold, we may assess and debit an overdraft charge against your account if your available balance is not sufficient at the time the item posts even if your available balance was sufficient at the time we received the authorization request or any time during the authorization hold. You agree that we will not be liable if we dishonor your other items because of insufficient funds in your account resulting from our assessing and debiting such charges, or because of the order in which we pay your items, or because of authorization hold(s). However, we will not assess and debit your account for applicable charges for items we return for insufficient funds or overdrafts if your negative available current balance falls within a tolerance threshold as specified in our your Schedule of Service Fees and Charges. Charges Applicable charges for items we return for insufficient funds and charges for overdrafts are may be subject to a daily maximum as also specified in our Schedule of Service Fees and Chargesestablished by the Bank. If you are a Consumer Banking customer and you do not use an Overdraft Protection Service, then the actions that we are authorized to take in connection with an item presented to us for payment from your account and that would create an overdraft in your account if paid will depend upon the type of item, and those following actions are as followsbased on transaction type: - ATM and “One-Time” Debit Card Transactions. We generally will not authorize an ATM withdrawal from your account if your available balance shows that allowing the withdrawal would create an overdraft. We also generally will not authorize a “one-time” debit card transaction (also known as an “everyday” debit card transaction) against your account if your available balance shows that allowing the payment would create an overdraft, unless you have requested that we pay those transactions as overdrafts through our Debit Card Overdraft Authorization and Enrollment. We reserve the right, on a case-by-case basis and in our sole discretion, to authorize and pay any ATM or debit card transaction, even if it would create an overdraft. If you have not requested that we pay your debit card transactions as overdrafts, but we will not assess an overdraft charge against your account. However, you must immediately repay any resulting overdraftnegative balance. Even if you request that we pay your debit card transactions as overdrafts, it does not mean that we will allow such overdrafts to occur. - Items other than ATM and “One-Time” Debit Card Transactions. We reserve the right to take the following actions, without prior notice to you, if we receive an item other than an ATM or “one-time” (“everyday”) debit card transaction for payment from your account and your available balance is not sufficient to pay the item: - o We may decline to pay the item and return it unpaid, unpaid (you will not incur an insufficient funds charge); or - o We may pay the item and create an overdraft in your account, and you may incur an overdraft charge. At no time will we be We are not obligated to pay any item that would create an overdraft. The fact that we pay an item and create an overdraft in your account one or more times does not mean we will continue to do so. We are not required to notify you in advance if we change how we handle payment of any item that would create an overdraft. If you Applicable charges for insufficient funds and overdrafts are not covered by one specified in the applicable Schedule of our Overdraft Protection Services described below, Service Fees and you prefer that we authorize your “onetime” (“everyday”) debit card transactions for payment when your available balance is not sufficient to cover them, then you should consider our Debit Card Overdraft Authorization and EnrollmentCharges.

Appears in 1 contract

Samples: Account Agreement

Insufficient Funds and Overdrafts. It If a check, in-person withdrawal, or transaction made by other electronic means, including without limitation any debit card transaction, or ACH debit, whether initiated by you or a third-party, hereafter referred to as an item, is your responsibility to know if drawn on this account and there are not sufficient funds in the account (your account before you write a check, make a cash withdrawal at an ATM, make a purchase with your debit card, or issue, initiate or authorize any other item for payment from your account. It is important that you carefully monitor the funds in your account, and promptly record in your account register all of your deposits to, and items that you issue, initiate or authorize for payment from, your account. You should never assume that you can make a covering deposit to your account before an item will be presented to us for payment because items are often presented to us for payment very quickly, and because funds from your covering deposit may not be immediately available for withdrawal. You can avoid insufficient funds and overdraft charges by making sure that your account always contains sufficient funds to cover all of your withdrawals and payment transactions. If your available balance is not sufficient to cover any item presented to us for payment, the item will be posted provisionally to your account pending our decision to return or Available Balance) to pay the item. We have the right, in our sole discretion, we may pay or refuse to either (1) reverse the provisional posting of the item to your account and return the item to the payee as unpaid for insufficient funds, or (2) pay the item and create an charge the Insufficient Funds fee. If we pay a debit Point of Sale transaction which overdraws the account, we may charge the Overdraft fee – POS and deduct the overdraft in your account. Whether we decide to return from the item as unpaid for insufficient funds next deposit or to pay such item and create an overdraft in your account will depend on various factors, such as the amount of the item and your banking history with us. We may assess and debit a service charge against your account for an item returned for insufficient funds or for an overdraft. Please see our Schedule of Service Fees and Charges for detailsuse any other collection remedy. If we pay an item and create which is presented against uncollected funds, we may charge the Uncollected Funds fee. More than one Insufficient Funds, Overdraft - POS, and/or Uncollected Funds fee (collectively, “Fee” or “Fees”) may be charged against your account for each presentment of an overdraft item, without regard to whether the returned item was a re-presentment of a previously rejected request. Merchants, payees, or other third-parties may present an item multiple times for payment if the initial or subsequent presentment(s) are rejected due to insufficient funds or other reason, which could result in your account, you must immediately repay that overdraft and any overdraft charge we assessed, and you must also reimburse us multiple Fees being charged for all costs and expenses (including attorneys’ fees and expenses to the extent permitted by applicable law) an item. You agree that we incur in attempting may charge you a Fee each time an item is presented or re-presented if your Available Balance is not sufficient to recover that overdraft and service charge from you. If your account is a joint account, then each account holder is responsible for cover the repayment of all overdrafts in the account and all related service charges and collection costs and expenses (including attorneys’ fees and expenses to the extent permitted by applicable law)item, regardless of the number of times the item is presented, or re-presented. Transactions may not be processed in the order in which account holder issuedthey occurred. The order in which transactions are received and processed by the bank can affect the amount of fees you may incur. Fees may be imposed on both paper and electronic transfers. We do not in any way obligate ourselves to pay any item which would overdraw this account, initiated, authorized or benefitted from the proceeds regardless of the item that created the over- draft. In addition, frequency with which we may exercise our right do so as a matter of setoff against any other accounts you or any joint owner maintains with us, and we may apply any later deposits (including deposits of Social Security or other government benefits) made to any account that you or any joint account holder maintains with us to pay for the overdrafts and any service fees and other charges. We generally will send you a notice when an item has been presented to us for payment from your account that would create an overdraft; however, we will not be liable to you if we fail to send you such noticepractice. You authorize us to assess and debit obtain a charge against your account for each item we return for insufficient funds and each overdraft credit bureau report on any accountholder in the amounts specified in our Schedule of Service Fees and Charges. You agree event that we will not be liable if we dishonor your other items because of insufficient funds in your account resulting from our assessing and debiting such charges, or because of the order in which we pay your items. However, we will not assess and debit your account for charges for items we return for insufficient funds or it becomes necessary to collect overdrafts if your negative available balance falls within a tolerance threshold as specified in our Schedule of Service Fees and Charges. Charges for items we return for insufficient funds and charges for overdrafts are subject to a daily maximum as also specified in our Schedule of Service Fees and Charges. If you do not use an Overdraft Protection Service, then the actions that we are authorized to take in connection with an item presented to us for payment from your account and that would create an overdraft in your account if paid will depend upon the type of item, and those actions are as follows: - ATM and “One-Time” Debit Card Transactions. We generally will not authorize an ATM withdrawal from your account if your available balance shows that allowing the withdrawal would create an overdraft. We also generally will not authorize a “one-time” debit card transaction (also known as an “everyday” debit card transaction) against your account if your available balance shows that allowing the payment would create an overdraft, unless you have requested that we pay those transactions as overdrafts through our Debit Card Overdraft Authorization and Enrollment. We reserve the right, on a case-by-case basis and in our sole discretion, to authorize and pay any ATM or debit card transaction, even if it would create an overdraft. If you have not requested that we pay your debit card transactions as overdrafts, we will not assess an overdraft charge against your account. HoweverIf we enlist the services of an attorney for collection purposes, you must immediately repay any resulting overdraft. Even if you request that we pay your debit card transactions as overdrafts, it does not mean that we will allow such overdrafts to occur. - Items other than ATM and “One-Time” Debit Card Transactions. We reserve have the right to take the following actionscollect reasonable attorney's fees and court costs from you. In Case of Errors or Questions About Your Statements - Call us at (000) 000-0000 or write us at: Canandaigua National Bank & Trust 00 Xxxxx Xxxx Xxxxxx, without prior notice to youXxxxxxxxxxx, XX 00000 As soon as you can, if we receive an item other than an ATM you think your statement is wrong or “one-time” (“everyday”) debit card transaction for payment from your account and your available balance is not sufficient to pay if you need more information about a transfer listed on listed on the item: - We may decline to pay the item and return it unpaid, or - We may pay the item and create an overdraft in your account. At no time will we be obligated to pay any item that would create an overdraft. The fact that we pay an item and create an overdraft in your account one or more times does not mean we will continue to do sostatement. We are not required to notify must hear from you in advance if no later than 60 days after we change how we handle payment of any item that would create an overdraft. If you are not covered by one of our Overdraft Protection Services described below, and you prefer that we authorize your “onetime” (“everyday”) debit card transactions for payment when your available balance is not sufficient to cover them, then you should consider our Debit Card Overdraft Authorization and Enrollmentsent the FIRST statement on which the problem or error appeared.

Appears in 1 contract

Samples: www.cnbank.com

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Insufficient Funds and Overdrafts. It The Bank has no obligation to pay any item that is your responsibility to know if there are sufficient funds in presented for payment against insufficient available funds. The Bank may determine whether or not your account before you write a check, make a cash withdrawal contains sufficient available funds to pay an item at an ATM, make a purchase with your debit card, or issue, initiate or authorize any other time between the time the item for payment from your account. It is important that you carefully monitor presented and the funds in your accountBank's return deadline, and promptly record in your only one determination of the account register all of your deposits to, and items that you issue, initiate or authorize for payment from, your account. You should never assume that you can make a covering deposit to your account before an item will be presented to us for payment because items are often presented to us for payment very quickly, and because funds from your covering deposit may not be immediately available for withdrawal. You can avoid insufficient funds and overdraft charges by making sure that your account always contains sufficient funds to cover all of your withdrawals and payment transactionsbalance is required. If your that determination reveals insufficient available balance is not sufficient to cover any item presented to us for payment, the item will be posted provisionally to your account pending our decision to return or funds to pay the item. We have , the right, in our sole discretion, Bank is not required to either (1) reverse the provisional posting of pay the item to your account and may return it unpaid. Alternatively, the item to the payee as unpaid for insufficient funds, or (2) Bank may pay the item and create an overdraft in your account. Whether we decide or not the Bank decides to return the item as unpaid for insufficient funds or to pay such item and create an overdraft in your account will depend on various factors, such as the amount of the item and your banking history with us. We may assess and debit a service charge against your account for an item returned for insufficient funds or for an overdraft. Please see our Schedule of Service Fees and Charges for details. If we pay an item and create an overdraft in your account, you must immediately repay that overdraft and any overdraft charge we assessed, and you must also reimburse us for all costs and expenses (including attorneys’ fees and expenses to the extent permitted by applicable law) that we incur in attempting to recover that overdraft and service charge from you. If your account is a joint account, then each account holder is responsible for the repayment of all overdrafts in the account and all related service charges and collection costs and expenses (including attorneys’ fees and expenses to the extent permitted by applicable law), regardless of which account holder issued, initiated, authorized or benefitted from the proceeds of the item that created the over- draft. In addition, we may exercise our right of setoff against any other accounts you or any joint owner maintains with us, and we may apply any later deposits (including deposits of Social Security or other government benefits) made to any account that you or any joint account holder maintains with us to pay for the overdrafts and any service fees and other charges. We generally will send you a notice when an item has been presented to us for payment from your account that would create an overdraft; however, we will not be liable to you if we fail to send you such notice. You authorize us to assess and debit a charge against your account for each item we return for insufficient funds and each overdraft in the amounts specified in our Schedule of Service Fees and Charges. You agree that we will not be liable if we dishonor your other items because of insufficient funds in your account resulting from our assessing and debiting such charges, or because of the order in which we pay your items. However, we will not assess and debit your account for charges for items we return for insufficient funds or overdrafts if your negative available balance falls within a tolerance threshold as specified in our Schedule of Service Fees and Charges. Charges for items we return for insufficient funds and charges for overdrafts are subject to a daily maximum as also specified in our Schedule of Service Fees and Charges. If you do not use an Overdraft Protection Service, then the actions that we are authorized to take in connection with an item presented to us for payment from your account and that would create an overdraft in your account if paid will depend upon the type of item, and those actions are as follows: - ATM and “One-Time” Debit Card Transactions. We generally will not authorize an ATM withdrawal from your account if your available balance shows that allowing the withdrawal would create an overdraft. We also generally will not authorize a “one-time” debit card transaction (also known as an “everyday” debit card transaction) against your account if your available balance shows that allowing the payment would create an overdraft, unless you have requested that we pay those transactions as overdrafts through our Debit Card Overdraft Authorization and Enrollment. We reserve the right, on a case-by-case basis and in our sole discretion, to authorize and pay any ATM or debit card transaction, even if it would create an overdraft. If you have not requested that we pay your debit card transactions as overdrafts, we will not assess an overdraft charge against your account. However, you must immediately repay any resulting overdraft. Even if you request that we pay your debit card transactions as overdrafts, it does not mean that we will allow such overdrafts to occur. - Items other than ATM and “One-Time” Debit Card Transactions. We reserve the right to take the following actions, without prior notice to you, if we receive an item other than an ATM or “one-time” (“everyday”) debit card transaction for payment from your account and your available balance is not sufficient to pay the item: - We may decline to pay the item and return it unpaid, or - We may pay the item and create an overdraft is in the sole discretion of the Bank and will depend on various factors, including your accounthistory with the Bank. At no time Moreover, the honoring of one or more items drawn against insufficient available funds does not obligate the Bank to honor any other such items, either in the future or during the same day's processing, and you should not rely on the Bank to honor any particular items drawn against insufficient available funds. If you would prefer that PIN based point of sale transactions always be denied if they will we be obligated overdraw your current available account balance, please contact the Bank at any branch location, via mail at Xxxxxx Bank, P.O. Box 505, Attica, OH 44807, via e-mail at xxxxxxxxxxx@xxxxxxxxxx.xxx or by calling 0-000-000-0000. In all cases, the Bank is not required to pay any item give you prior notice that would create an overdraft. The fact that we pay an item and create an will be returned for insufficient available funds. An insufficient balance or overdraft in your account one and each item presented for payment against insufficient available funds in your account (whether paid, denied, or more times does not mean we will continue returned) are each subject to do soan Overdraft Penalty as provided in the Bank's then- current Account Information Schedule. We are not required You agree that if your account becomes overdrawn for any reason, you must immediately deposit sufficient funds to notify you in advance if we change how we handle payment cover the overdraft and any penalties assessed upon notice of any item that would create an the overdraft. If Moreover, you are agree to reimburse the Bank for any costs it incurs in collecting the overdraft from you including, but not covered by one of our Overdraft Protection Services described belowlimited to, reasonable attorney's fees, and you prefer that we authorize your “onetime” (“everyday”) debit card transactions for payment when your available balance is not sufficient the costs of litigation, arbitration or other dispute resolution, to cover them, then you should consider our Debit Card Overdraft Authorization and Enrollmentthe extent permitted by law.

Appears in 1 contract

Samples: www.suttonbank.com

Insufficient Funds and Overdrafts. It is your responsibility to know if there are sufficient funds in your account before you write a check, make a cash withdrawal at an ATM, make a purchase with your debit card, or issue, initiate or authorize any other item for payment from your account. It is important that you carefully monitor the funds in your account, and promptly record in your account register all of your deposits to, and items that you issue, initiate or authorize for payment from, your account. You should never assume that you can make a covering deposit to your account before an item will be presented to us for payment because items are often presented to us for payment very quickly, and because funds from your covering deposit may not be immediately available for withdrawal. You can avoid insufficient funds and overdraft charges by making sure that your account always contains sufficient funds to cover all of your withdrawals and payment transactions. If your available balance is not sufficient to cover any item presented to us for payment, the item will be posted provisionally to your account pending our decision to return or to pay the item. We have the right, in our sole discretion, to either (1) reverse the provisional posting of the item to your account and return the item to the payee as unpaid for insufficient funds, or (2) pay the item and create an overdraft in your account. Whether we decide to return the item as unpaid for insufficient funds or to pay such item and create an overdraft in your account will depend on various factors, such as the amount of the item and your banking history with us. We may assess and debit a service charge against your account for an item returned for insufficient funds or for an overdraft. Please see our Schedule of Service Fees and Charges for details. If we pay an item and create an overdraft in your account, you must immediately repay that overdraft and any overdraft charge we assessed, and you must also reimburse us for all costs and expenses (including attorneys’ fees and expenses to the extent permitted by applicable law) that we incur in attempting to recover that overdraft and service charge from you. If your account is a joint account, then each account holder is responsible for the repayment of all overdrafts in the account and all related service charges and collection costs and expenses (including attorneys’ fees and expenses to the extent permitted by applicable law), regardless of which account holder issued, initiated, authorized or benefitted benefitted from the proceeds of the item that created the over- draft. In addition, we may exercise our right of setoff against any other accounts you or any joint owner maintains with us, and we may apply any later deposits (including deposits of Social Security or other government benefitsbenefits) made to any account that you or any joint account holder maintains with us to pay for the overdrafts and any service fees and other charges. We generally will send you a notice when an item has been presented to us for payment from your account that would create an overdraft; however, we will not be liable to you if we fail to send you such notice. You authorize us to assess and debit a charge against your account for each item we return for insufficient funds and each overdraft in the amounts specified specified in our Schedule of Service Fees and Charges. You agree that we will not be liable if we dishonor your other items because of insufficient funds in your account resulting from our assessing and debiting such charges, or because of the order in which we pay your items. However, we will not assess and debit your account for charges for items we return for insufficient funds or overdrafts if your negative available balance falls within a tolerance threshold as specified specified in our Schedule of Service Fees and Charges. Charges for items we return for insufficient funds and charges for overdrafts are subject to a daily maximum as also specified specified in our Schedule of Service Fees and Charges. If you do not use an Overdraft Protection Service, then the actions that we are authorized to take in connection with an item presented to us for payment from your account and that would create an overdraft in your account if paid will depend upon the type of item, and those actions are as follows: - ATM and “One-Time” Debit Card Transactions. We generally will not authorize an ATM withdrawal from your account if your available balance shows that allowing the withdrawal would create an overdraft. We also generally will not authorize a “one-time” debit card transaction (also known as an “everyday” debit card transaction) against your account if your available balance shows that allowing the payment would create an overdraft, unless you have requested that we pay those transactions as overdrafts through our Debit Card Overdraft Authorization and Enrollment. We reserve the right, on a case-by-case basis and in our sole discretion, to authorize and pay any ATM or debit card transaction, even if it would create an overdraft. If you have not requested that we pay your debit card transactions as overdrafts, we will not assess an overdraft charge against your account. However, you must immediately repay any resulting overdraft. Even if you request that we pay your debit card transactions as overdrafts, it does not mean that we will allow such overdrafts to occur. - Items other than ATM and “One-Time” Debit Card Transactions. We reserve the right to take the following actions, without prior notice to you, if we receive an item other than an ATM or “one-time” (“everyday”) debit card transaction for payment from your account and your available balance is not sufficient to pay the item: - We may decline to pay the item and return it unpaid, or - We may pay the item and create an overdraft in your account. At no time will we be obligated to pay any item that would create an overdraft. The fact that we pay an item and create an overdraft in your account one or more times does not mean we will continue to do so. We are not required to notify you in advance if we change how we handle payment of any item that would create an overdraft. If you are not covered by one of our Overdraft Protection Services described below, and you prefer that we authorize your “onetime” (“everyday”) debit card transactions for payment when your available balance is not sufficient to cover them, then you should consider our Debit Card Overdraft Authorization and Enrollment.

Appears in 1 contract

Samples: Account Agreement

Insufficient Funds and Overdrafts. It is your responsibility to know if We determine whether there are sufficient funds in Sufficient Available Funds to pay for an Item using your account before you write a checkAccount’s Ledger Balance, make a cash withdrawal at an ATMminus any holds placed on your Account pursuant to the terms of this Agreement, make a purchase with your debit cardincluding, or issue, initiate or authorize any other item for payment from your account. It is important that you carefully monitor the funds in your account, and promptly record in your account register all of your deposits but not limited to, Section 7.Z for suspected fraud or to comply with legal requirements and items that you issue, initiate Section 8 for extended holds; or authorize the BMO Digital Banking Agreement for payment from, your accountdeposits made using Mobile Deposit. You should never assume that you can make a covering deposit to your account before an item will be presented to us for payment because items are often presented to us for payment very quickly, and because funds from your covering deposit This balance may not be immediately available for withdrawal. You can avoid insufficient funds the same as any other balance described in this Agreement, and overdraft charges by making sure that your account always contains sufficient funds to cover all an Item may result in an Overdraft or be returned unpaid regardless of your withdrawals and payment transactions. If your available balance is not sufficient to cover Account’s Ledger Balance or any item presented to us for payment, the item will be posted provisionally to your account pending our decision to return or to pay the itemother balance. We have no obligation to pay any Item unless you have Sufficient Available Funds in your Account when the rightItem is presented for payment. We will determine if you have Sufficient Available Funds to pay an Item when we process the Item presented for payment. We will determine whether you have Sufficient Available Funds to pay an Item only once each time the Item is presented to us. If you do not have Sufficient Available Funds in your Account to pay an Item, we will determine, in our sole discretion, whether to either (1) reverse the provisional posting of the item to your account and return the item to the payee as unpaid for insufficient funds, or (2) pay the item Item and create an overdraft in your account. Whether we decide to Overdraft or return the item as Item unpaid. An Item returned unpaid may be re-presented for insufficient funds or payment multiple times. We will determine, in our sole discretion, whether to pay such item and create an overdraft in your account will depend on various factors, such as or return the amount of the item and your banking history with us. We may assess and debit a service charge against your account for an item returned for insufficient funds Item each time it is presented or for an overdraft. Please see our Schedule of Service Fees and Charges for details. If we pay an item and create an overdraft in your account, you must immediately repay that overdraft and any overdraft charge we assessed, and you must also reimburse us for all costs and expenses (including attorneys’ fees and expenses to the extent permitted by applicable law) that we incur in attempting to recover that overdraft and service charge from you. If your account is a joint account, then each account holder is responsible for the repayment of all overdrafts in the account and all related service charges and collection costs and expenses (including attorneys’ fees and expenses to the extent permitted by applicable law), regardless of which account holder issued, initiated, authorized or benefitted from the proceeds of the item that created the over- draft. In addition, we may exercise our right of setoff against any other accounts you or any joint owner maintains with us, and we may apply any later deposits (including deposits of Social Security or other government benefits) made to any account that you or any joint account holder maintains with us to pay for the overdrafts and any service fees and other charges. We generally will send you a notice when an item has been re-presented to us for payment from your account that would create an overdraft; howeverpayment. We may determine if you have Sufficient Available Funds to authorize transactions, we will including but not be liable limited to you if we fail to send you such notice. You authorize us to assess and debit a charge against your account for each item we return for insufficient funds and each overdraft in Card transactions, at the amounts specified in our Schedule of Service Fees and Charges. You agree that we will not be liable if we dishonor your other items because of insufficient funds in your account resulting from our assessing and debiting such charges, or because time of the order in authorization at the request of a merchant at POS or prior to receiving the Item for payment. Even if you had Sufficient Available Funds when the transaction was authorized, this authorization does not mean you will have Sufficient Available Funds to pay that Item when it is presented for payment, which we pay your items. However, we will not assess and debit your account for charges for items we return for insufficient funds or overdrafts if your negative available balance falls within a tolerance threshold as specified in our Schedule of Service Fees and Charges. Charges for items we return for insufficient funds and charges for overdrafts are subject to a daily maximum as also specified in our Schedule of Service Fees and Chargesmay be several days later. If you do not use have Sufficient Available Funds in your Account to pay an Overdraft Protection ServiceItem, then the actions but we choose to pay it and create an Overdraft, you agree that we are authorized permitted to take charge you an Overdraft Fee, as allowed by Applicable Law and as set forth in connection with an item presented to us for payment from your account and that would create an overdraft in your account if paid will depend upon the type of item, and those actions are as follows: - ATM and “One-Time” Debit Card TransactionsDeposit Account Disclosure or the BMO Business Service Fee Schedule. We generally will not authorize charge you an ATM withdrawal from your account if your Overdraft Fee if: • The amount of the Item is less than or equal to $5; • Your Account is overdrawn by $50 or less at the close of the Business Day the Item is presented for payment; • Your Account is overdrawn by $50 or less at the close of the first Business Day after the Item is presented for payment. Deposits may not be available balance shows that allowing the withdrawal would create an overdraftimmediately. We also generally will not authorize a “one-time” debit card transaction (also known as an “everyday” debit card transaction) against your account if your available balance shows that allowing the payment would create an overdraft, unless you have requested that we pay those transactions as overdrafts through Please see our Debit Card Overdraft Authorization and Enrollment. We reserve the right, on a case-by-case basis and Funds Availability Policy for Deposit Accounts in our sole discretion, to authorize and pay any ATM or debit card transaction, even if it would create an overdraft. If you have not requested that we pay your debit card transactions as overdrafts, we will not assess an overdraft charge against your account. However, you must immediately repay any resulting overdraft. Even if you request that we pay your debit card transactions as overdrafts, it does not mean that we will allow such overdrafts to occur. - Items other than ATM and “One-Time” Debit Card Transactions. We reserve the right to take the following actions, without prior notice to you, if we receive an item other than an ATM or “one-time” (“everyday”) debit card transaction Section 8 below for payment from your account and your available balance is not sufficient to pay the item: - We may decline to pay the item and return it unpaid, or - We may pay the item and create an overdraft in your account. At no time will we be obligated to pay any item that would create an overdraft. The fact that we pay an item and create an overdraft in your account one or more times does not mean we will continue to do so. We are not required to notify you in advance if we change how we handle payment of any item that would create an overdraft. If you are not covered by one of our Overdraft Protection Services described below, and you prefer that we authorize your “onetime” (“everyday”) debit card transactions for payment when your available balance is not sufficient to cover them, then you should consider our Debit Card Overdraft Authorization and Enrollment.information;

Appears in 1 contract

Samples: Box Agreement

Insufficient Funds and Overdrafts. It If a check, in-person withdrawal, or transaction made by other electronic means, including without limitation any debit card transaction, or ACH debit, whether initiated by you or a third-party, hereafter referred to as an item, is your responsibility to know if drawn on this account and there are not sufficient funds in the account (your account before you write a checkAvailable Balance) to pay the item, make a cash withdrawal at an ATM, make a purchase with your debit card, we may pay or issue, initiate or authorize any other item for payment from your account. It is important that you carefully monitor the funds in your account, and promptly record in your account register all of your deposits to, and items that you issue, initiate or authorize for payment from, your account. You should never assume that you can make a covering deposit to your account before an item will be presented to us for payment because items are often presented to us for payment very quickly, and because funds from your covering deposit may not be immediately available for withdrawal. You can avoid insufficient funds and overdraft charges by making sure that your account always contains sufficient funds to cover all of your withdrawals and payment transactions. If your available balance is not sufficient to cover any item presented to us for payment, the item will be posted provisionally to your account pending our decision to return or refuse to pay the item. We If we pay the item, either because you have the right, in our sole discretion, to either (1) reverse the provisional posting of entered into an overdraft practice or protection plan with us or because you requested the item to your account and return the item to the payee as unpaid for insufficient fundsbe paid, an Insufficient Funds, Overdraft – POS, and/or Uncollected Funds fee (collectively, “Fee” or (2“Fees”) pay the item and create an overdraft in your account. Whether we decide to return the item as unpaid for insufficient funds or to pay such item and create an overdraft in your account will depend on various factors, such as the amount of the item and your banking history with us. We may assess and debit a service charge be charged against your account for an item returned for insufficient funds or for an overdraft. Please see our Schedule of Service Fees and Charges for details. If we pay an item and create an overdraft in your account, you must immediately repay that overdraft and any overdraft charge we assessed, and you must also reimburse us for all costs and expenses (including attorneys’ fees and expenses to the extent permitted by applicable law) that we incur in attempting to recover that overdraft and service charge from youpaid item. If your account is Checking Account has a joint accountChexMate Overdraft Protection Line of Credit associated with it, then each account holder is responsible for the repayment terms and conditions contained in your ChexMate Overdraft Protection Line of all Credit Agreement will control with respect to overdrafts of your Checking Account regardless of whether they result from purchases, cash withdrawals, use of checks or use of any other card or device. Transactions are posted in the account order received. Generally: Credits are posted first, followed by xxxxxx; credits are posted by amount in descending order, and all related service charges and collection costs and expenses (including attorneys’ debits are posted by amount in ascending order. The assessment of fees and expenses is based on the posting order. We do not in any way obligate ourselves to the extent permitted by applicable law)pay any item which would overdraw this account, regardless of the frequency with which account holder issued, initiated, authorized or benefitted from the proceeds of the item that created the over- draft. In addition, we may exercise our right do so as a matter of setoff against any other accounts you or any joint owner maintains with us, and we may apply any later deposits (including deposits of Social Security or other government benefits) made to any account that you or any joint account holder maintains with us to pay for the overdrafts and any service fees and other charges. We generally will send you a notice when an item has been presented to us for payment from your account that would create an overdraft; however, we will not be liable to you if we fail to send you such noticepractice. You authorize us to assess and debit obtain a charge against your account for each item we return for insufficient funds and each overdraft credit bureau report on any accountholder in the amounts specified in event that it becomes necessary to collect overdrafts on your account. If we enlist the services of an attorney for collection purposes, we have the right to collect reasonable attorney's fees and court costs from you. In Case of Errors or Questions About Your Statements - To minimize our Schedule mutual risk of Service Fees loss, you must carefully examine your statement and Chargesreport to us as soon as possible any problem, including but not limited to errors, forgeries, unauthorized withdrawals or alterations, and any Insufficient Funds, Overdraft - POS, and/or Uncollected Funds fees that you believe were improperly assessed. You agree that we will 60 days after the statement is first made available to you is the maximum reasonable amount of time for you to review your statement and report any problem related to a matter shown on the statement. If no report is made to us within such time, you waive your right to contest the payment of any items so disclosed, and you accept the fees and charges assessed and the account balance reported as correct. Failure to notify us of a problem within 60 days after your statement is first made available to you shall preclude you from recovering any amounts against us. Call us at (000) 000-0000, (000) 000-0000, or write to us at the address provided below as soon as you can. IF YOU TELL US ORALLY, WE MAY REQUIRE THAT YOU SEND US YOUR COMPLAINT OR QUESTION IN WRITING TO THE ADDRESS PROVIDED BELOW, TO BE RECEIVED BY US WITHIN 10 BUSINESS DAYS. Canandaigua National Bank & Trust 00 Xxxxx Xxxx Xxxxxx, Xxxxxxxxxxx, XX 00000 For additional Information on electronic funds transfer error resolution, see the Bank’s Electronic Funds Transfer Disclosure Statement. Notice - Notice from us to any one of you, whether by mail, or otherwise, shall constitute notice to all of you. Account Transfer - This account may not be liable if transferred. Set-Off - You each agree that we dishonor your other items because of insufficient may at any time (and without prior notice, except as prohibited by law) set-off funds in this account against any debt owed to us now or in the future, by any of you having the right of withdrawal, subject to any limit on the right of withdrawal from this account by such person or legal entity. This right of set-off does not apply to this account if (a) it is an IRA or a tax-deferred retirement account; or (b) the debtor's right of withdrawal only arises in a representative capacity. Disclosure of Account Information – The Bank’s use of account information is governed by the Bank’s Privacy Policy, which can be found on xxx.xxxxxx.xxx. Stop Payment - Upon your account resulting from our assessing and debiting such chargesrequest, or because of the a stop payment order in which we pay your itemsmay be placed against a specific check(s). However, we will not assess and debit your account for charges for items we return for insufficient funds or overdrafts if your negative available balance falls within a tolerance threshold as specified in our Schedule of Service Fees and Charges. Charges for items we return for insufficient funds and charges for overdrafts are This request is subject to a daily maximum as also specified "Stop Payment" fee. An oral order is binding for only 14 calendar days unless confirmed in our Schedule of Service Fees and Chargeswriting within that period. If you do not use an Overdraft Protection Service, then the actions that we are authorized to take A written order is effective for only 6 months unless renewed in connection with an item presented to us for payment from your account and that would create an overdraft in your account if paid will depend upon the type of item, and those actions are as follows: - ATM and “One-Time” Debit Card Transactions. We generally will not authorize an ATM withdrawal from your account if your available balance shows that allowing the withdrawal would create an overdraft. We also generally will not authorize a “one-time” debit card transaction (also known as an “everyday” debit card transaction) against your account if your available balance shows that allowing the payment would create an overdraft, unless you have requested that we pay those transactions as overdrafts through our Debit Card Overdraft Authorization and Enrollment. We reserve the right, on a case-by-case basis and in our sole discretion, to authorize and pay any ATM or debit card transaction, even if it would create an overdraft. If you have not requested that we pay your debit card transactions as overdrafts, we will not assess an overdraft charge against your account. However, you must immediately repay any resulting overdraft. Even if you request that we pay your debit card transactions as overdrafts, it does not mean that we will allow such overdrafts to occur. - Items other than ATM and “One-Time” Debit Card Transactions. We reserve the right to take the following actions, without prior notice to you, if we receive an item other than an ATM or “one-time” (“everyday”) debit card transaction for payment from your account and your available balance is not sufficient to pay the item: - We may decline to pay the item and return it unpaid, or - We may pay the item and create an overdraft in your account. At no time will we be obligated to pay any item that would create an overdraft. The fact that we pay an item and create an overdraft in your account one or more times does not mean we will continue to do so. We are not required to notify you in advance if we change how we handle payment of any item that would create an overdraft. If you are not covered by one of our Overdraft Protection Services described below, and you prefer that we authorize your “onetime” (“everyday”) debit card transactions for payment when your available balance is not sufficient to cover them, then you should consider our Debit Card Overdraft Authorization and Enrollmentwriting.

Appears in 1 contract

Samples: www.cnbank.com

Insufficient Funds and Overdrafts. Your Account Balances - Your checking account has two balances that determine whether you will be assessed an overdraft or a non-sufficient funds fee: the “Daily Collected Balance” and the “Available balance.” It is your responsibility important to understand how the two balances are calculated and how they are used to know if there when you may be charged Insufficient Funds Charges. Your Daily Collected Balance is all of your deposits, less transactions paid, and less transactions that you have preauthorized and for which a merchant has requested a hold (typically these are sufficient transactions made with your debit card over the MasterCard network – without entering your “PIN.”). Your Available Balance is all of your deposits, less any holds on deposits per our Funds Availability Policy, less transactions paid, and less preauthorized holds. A temporary debit authorization hold affects your Available Balance - On debit card purchases, merchants may request a temporary hold on your account for a specified sum of money, which may be more or less than the actual amount of your purchase. When this happens, our processing system cannot determine that the amount of the hold exceeds or is less than the actual amount of your purchase. This temporary hold, and the amount charged to your account, will eventually be adjusted to the actual amount of your purchase, but it may be up to three days before the adjustment is made. Until the adjustment is made, the amount of funds in your account before you write a check, make a cash withdrawal at an ATM, make a purchase Available Balance for other transactions will be reduced by the amount of the temporary hold. If another transaction (other than one made with your debit card, or issue, initiate or authorize any other item ) is presented for payment from your account. It is important that you carefully monitor in an amount greater than the funds in your account, and promptly record in your account register all left after the deduction of your deposits to, and items that you issue, initiate or authorize for payment from, your account. You should never assume that you can make a covering deposit to your account before an item will be presented to us for payment because items are often presented to us for payment very quickly, and because funds from your covering deposit may not be immediately available for withdrawal. You can avoid insufficient funds and overdraft charges by making sure that your account always contains sufficient funds to cover all of your withdrawals and payment transactions. If the temporary hold amount your available balance is not sufficient to cover any item presented to us for paymentbalance, the item will that transaction may be posted provisionally to your account pending our decision to return declined or to pay the item. We have the right, in our sole discretion, to either (1) reverse the provisional posting of the item to your account and return the item returned pursuant to the payee as unpaid for insufficient funds, or descriptions below. For everyday (2non-recurring) pay the item debit card and create an overdraft in your account. Whether we decide to return the item as unpaid for insufficient funds or to pay such item and create an overdraft in your account will depend on various factors, such as the amount of the item and your banking history with us. We may assess and debit a service charge against your account for an item returned for insufficient funds or for an overdraft. Please see our Schedule of Service Fees and Charges for details. If we pay an item and create an overdraft in your accountATM transactions, you must immediately repay that overdraft and any overdraft charge we assessed, and you must also reimburse opt-in to have us for all costs and expenses (including attorneys’ fees and expenses to the extent permitted by applicable law) that we incur in attempting to recover that overdraft and service charge from you. If cover your account is a joint account, then each account holder is responsible for the repayment of all overdrafts in the account and all related service charges and collection costs and expenses (including attorneys’ fees and expenses to the extent permitted by applicable law), regardless of which account holder issued, initiated, authorized or benefitted from the proceeds of the item that created the over- draft. In addition, we may exercise our right of setoff against any other accounts you or any joint owner maintains with us, and we may apply any later deposits (including deposits of Social Security or other government benefits) made to any account that you or any joint account holder maintains with us to pay for the overdrafts and any service fees and other charges. We generally will send you a notice when an item has been presented to us for payment from your account that would create an overdraft; however, we will not be liable to you if we fail to send you such notice. You authorize us to assess and debit a charge against your account for each item we return for insufficient funds and each overdraft in the amounts specified in our Schedule of Service Fees and Charges. You agree that we will not be liable if we dishonor your other items because of insufficient funds in your account resulting from our assessing and debiting such charges, or because of the order in which we pay your items. However, we will not assess and debit your account for charges for items we return for insufficient funds or overdrafts if your negative available balance falls within a tolerance threshold as specified in our Schedule of Service Fees and Charges. Charges for items we return for insufficient funds and charges for overdrafts are subject to a daily maximum as also specified in our Schedule of Service Fees and Chargesoverdrafts. If you do not opt-in, and a merchant asks us to authorize a transaction that exceeds your Available Balance, we will decline the transaction without assessing any fee. Other overdraft sources. In addition to the below overdraft program, the Bank offers customers a line of credit (if eligible) and a “draw account service,” which links your other eligible accounts to your checking account to avoid overdrafts. The cost for the line of credit is the applicable interest rate. And the cost of a transfer from another eligible account is $10.00 per transfer, regardless of if the transfer is enough to otherwise prevent an Insufficient Funds Charge. For additional terms and conditions, please see the Cash Reserve Agreement or the line of credit and please see the “Checking Account Disclosure” for additional terms for the draw account service. Checks, ACHs, and Bill Pay. The Bank uses your Daily Collected Balance, any overdraft sources (such as lines of credit or linked accounts) and your overdraft tolerance (if you have not opted out) to determine whether to pay or return a check or an ACH transaction. If we pay the transaction, we use the Daily Collected Balance plus your overdraft sources to assess whether or not to assess an Overdraft Protection ServiceInsufficient Funds Charge. If we return a transaction, then you will be assessed an Insufficient Funds Charge-Returned. If we pay the actions that transaction and it exceeds your Daily Collected Balance (plus overdraft sources), we are will assess an Insufficient Funds Charge – Paid. Merchants may attempt to be paid on the same authorized ACH or written check if their first attempt has been returned. You could be assessed an Insufficient Funds Charge each time a merchant attempts to take in connection be paid on an ACH or a check. Debit-Card Transactions over the MasterCard network. The Bank will use your Available Balance (and, with the exception of recurring debit card transactions, if you have opted into our overdraft program, your overdraft sources and overdraft tolerance to determine whether to authorize or decline a debit-card transaction). If we pay a transaction and the amount the merchant requests for authorization is within your Available Balance, the bank will not assess an item presented Insufficient Funds Charge-Paid. If we pay a transaction and the amount of the transaction the merchant presents to us for payment from is within your account and that would create an Available Balance (plus overdraft in your account if paid will depend upon sources), the type of item, and those actions are as follows: - ATM and “One-Time” Debit Card Transactions. We generally will not authorize an ATM withdrawal from your account if your available balance shows that allowing the withdrawal would create an overdraft. We also generally will not authorize a “one-time” debit card transaction (also known as an “everyday” debit card transaction) against your account if your available balance shows that allowing the payment would create an overdraft, unless you have requested that we pay those transactions as overdrafts through our Debit Card Overdraft Authorization and Enrollment. We reserve the right, on a case-by-case basis and in our sole discretion, to authorize and pay any ATM or debit card transaction, even if it would create an overdraft. If you have not requested that we pay your debit card transactions as overdrafts, we bank will not assess an Insufficient Funds Charge-Paid. If the amount the merchant requests for authorization exceeds your Available Balance at the time it is authorized and exceeds your Available Balance (plus overdraft charge against your account. However, you must immediately repay any resulting overdraft. Even if you request that sources) when we pay your debit card transactions as overdraftsit, it does not mean that we will allow such overdrafts to occur. - Items other than ATM and “Oneassess an Insufficient Funds Charge-Time” Debit Card Transactions. We reserve the right to take the following actions, without prior notice to you, if we receive an item other than an ATM or “one-time” (“everyday”) debit card transaction for payment from your account and your available balance is not sufficient to pay the item: - We may decline to pay the item and return it unpaid, or - We may pay the item and create an overdraft in your account. At no time will we be obligated to pay any item that would create an overdraft. The fact that we pay an item and create an overdraft in your account one or more times does not mean we will continue to do so. We are not required to notify you in advance if we change how we handle payment of any item that would create an overdraftPaid. If you are the transaction is declined, the Bank will not covered by one of our Overdraft Protection Services described below, and you prefer that we authorize your “onetime” (“everyday”) debit card transactions for payment when your available balance is not sufficient to cover them, then you should consider our Debit Card Overdraft Authorization and Enrollmentassess a fee.

Appears in 1 contract

Samples: Deposit Account Agreement

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