Common use of Wire Transfers Clause in Contracts

Wire Transfers. Except as amended by this Agreement, wire transfers we permit will be subject to applicable Federal and Pennsylvania laws and regulations. When you order a wire transfer, we will debit your account for the amount of the payment order and will charge your account for any fees related to the transfer. We reserve the right to refuse to execute any wire transfer to or from your account. We are not obligated to execute any payment order to transfer funds out of your account if the amount of the requested transfer plus applicable fees exceeds the available funds in your account. We are not liable for errors, delays, interruptions, or transmission failures caused by third parties or circumstances beyond our control, including me- chanical, electronic or equipment failure. Payment orders we accept will be executed within a reasonable time of receipt but may not necessarily be executed on the date they are received. Cutoff times may apply to the receipt, execution and process of a fund transfer, payment order, cancellation, or amendment. If a request for a fund transfer, payment order, cancellation, or amendment is received after a cutoff time, it may be treated as having been received on the next business day. Please contact us to inquire about cutoff times. From time to time, we may need to suspend processing of a transaction for greater scrutiny or verification in accordance with applicable law, in our sole discretion, and this action may affect settlement or availability of the transaction. When you institute a wire transfer, we may require that you identify the recipient, the recipient’s address, any financial institution by name and by account or identifying number, and purpose of the wire. The Credit Union and any other financial institutions facilitating the transfer may rely strictly on the account or identifying number, even if the number identifies a different person or financial institution. Any account owner may amend or cancel a payment order, even if that person did not initiate the order. We may refuse any request to amend or cancel a payment order that we believe will expose the Credit Union to liability or loss. Any request that we accept to amend or cancel a payment order will be processed within a reasonable time after it is received. You agree to hold us harmless from and indemnify us for all losses and expenses, including attorneys’ fees, resulting from any actual or attempted amended or canceled payment order. We may require you to follow a security procedure to execute a payment order or certain electronic fund transfer transactions. We will notify you of any such security procedures, and you agree that our security procedures are commercially reasonable. You further understand and agree that if the Credit Union verifies your wire transfer order pursuant to these security procedures, then you will be liable for any wire transfers made from your account, whether or not you authorized them.

Appears in 2 contracts

Samples: Membership and Account Agreement, Membership and Account Agreement

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Wire Transfers. Except I may be a party to a wire transfer that may be credited or debited against my account. I agree to be bound by any rules then in etfect governing the use of any system through which you may, in your sole discretion, transmit funds. Any credit resulting from a wire transfer is provisional until you receive final payment. You reserve the right to delay or prevent withdrawal of funds pending verification of final payment. If final payment is not received, or if my account was credited by mistake, I agree that you may reverse the credit to my account or that I shall otherwise reimburse you if funds in my account are not sufficient. I agree to notify you immediately of any errors. If a payment does not become final, the originator shall not be deemed to have paid me the amount of the credit. If your wire transfer qualifies as amended by this Agreementa remittance transfer, wire transfers we permit as defined in Subpart B of Regulation E (12 CFR § 1005.30, et seq.), additional rules may apply which will be subject disclosed to applicable Federal and Pennsylvania laws and regulationsyou when you use that service. When you order Each time I request a wire transfer, we will debit your account for the amount of the payment order and will charge your account for any fees related I am authorizing you to the transfer. We reserve the right to refuse to execute any wire transfer to or from your account. We are not obligated to execute any payment order to transfer funds out of your account if withdraw the amount of the requested transfer wire transfer, plus any applicable fees exceeds and charges, from my account and send them to the available funds account I designate unless remittance transfer rules apply. I agree that you may, in your accountsole discretion as you deem necessary, use security procedures for accepting and acting upon wire transfer instructions. We are not liable for errorsI agree that such security procedures may include one, delayssome or all of the following, interruptions, or transmission failures caused by third parties or circumstances beyond our control, including me- chanical, electronic or equipment failure. Payment orders we accept will be executed within a reasonable time of receipt but may not necessarily be executed depending on the date they type, amount and frequency of the wire transfer request: requestor and/or account owner identification and verification; requestor and/or account owner signature comparison or verification; documentation requested to verify the individual or entity recipient; confirmation of receiving bank and/or account designation; notice provided via email, message center or phone to account owner and/or authorized agent; account surveillance and/or trending analysis. In some circumstances, you may place limits on the portability of funds and additional documentation may be required. You shall endeavor to execute each wire transfer request on the business day received if such request is received and authenticated by the cut-otf time established by you from time to time. Transfer requests received by you after the cut-otf time shall be treated as received on the following business day. I do not have the right to cancel or amend a wire transfer request after it has been received by you, in accord with applicable laws, rules and regulations unless remittance transfer rules apply. All third-party wire requests are received. Cutoff times subject to approval by you and may apply to the receipt, execution and process of a fund transfer, payment order, cancellation, or amendmentbe rejected. If a request wire transfer is rejected, you shall endeavor to notify me of the rejection, but are not obligated to do so. You shall have no liability or other obligation for a fund transferrejected wire transfer request or for any unauthorized wire unless remittance transfer rules apply. You shall not be responsible for any delays or mistakes caused by others through which you transmit funds unless remittance transfer rules apply. I agree that you shall not be liable or responsible for any delay or failure to transfer any amount requested because of rules, payment order, cancellation, regulations or amendment is received after a cutoff time, it may be treated as having been received on policies of the next business day. Please contact us to inquire about cutoff times. From time to time, we may need to suspend processing of a transaction for greater scrutiny or verification in accordance with applicable lawwire transfer service that limit, in our sole discretion, and this action may affect settlement or availability of the transaction. When you institute a wire transfer, we may require that you identify the recipientaggregate, the recipient’s address, amount you or any financial institution you may use to transfer funds, can transfer from time to time during any banking day. If I am entitled to compensation for any delay or improper completion of wire transfer as a result of an error by name and by account you, your liability shall be limited to the payment of interest for a period not exceeding the lesser of 60 days or identifying number, and purpose the period between the date of the wire. The Credit Union error and any other financial institutions facilitating the transfer may rely strictly on date of the account or identifying number, even if the number identifies a different person or financial institutioncorrection. Any such compensation shall be paid at your discretion by either (1) adjusting my account owner may amend balance to reflect the average balances I would have had but for the error, or cancel a (2) direct payment order, even if of cash in an amount equal to interest at the average applicable federal funds rate for that person did not initiate the order. We may refuse any request to amend or cancel a payment order that we believe will expose the Credit Union to liability or loss. Any request that we accept to amend or cancel a payment order will be processed within a reasonable time after it is received. You agree to hold us harmless from and indemnify us for all losses and expenses, including attorneys’ fees, resulting from any actual or attempted amended or canceled payment order. We may require you to follow a security procedure to execute a payment order or certain electronic fund transfer transactions. We will notify you of any such security procedures, and you agree that our security procedures are commercially reasonable. You further understand and agree that if the Credit Union verifies your wire transfer order pursuant to these security procedures, then you will be liable for any wire transfers made from your account, whether or not you authorized themperiod.

Appears in 1 contract

Samples: Customer Agreement

Wire Transfers. Except as amended by this Agreement, wire electronic fund transfers we permit that are subject to Article 4A of the Uniform Commercial Code will be subject to applicable such provisions of the Uniform Commercial Code as enacted by the state where the main office of the Credit Union is located. We may execute certain requests for an electronic funds transfer by Xxxxxxx. Fedwire transactions are subject to Federal and Pennsylvania laws and regulationsReserve Board Regulation J. You may order an electronic funds transfer to or from your Account. When you order a wire transfer, we We will debit your account Account for the amount of the payment order electronic funds transfer and will charge your account Account for any fees related to the transfer. We Unless we agree otherwise in writing, we reserve the right to refuse to execute any wire order to transfer funds to or from your accountAccount. We are not obligated to execute any payment order to transfer funds out of your account Ac- count if the amount of the requested transfer plus applicable fees exceeds the available funds in your accountAccount. We are not liable for errors, delays, interruptions, interruptions or transmission failures caused by third parties or circumstances beyond our control, including me- chanicalmechani- cal, electronic or equipment failure. We will not provide you with next day notice of wire transfers, and other electronic payments credited to your Account. You will receive notice of such credits on your Account statements. You may contact us to determine whether a payment has been received. If we fail to properly execute a payment order, and such action results in a delay in payment to you, we will pay you dividends or interest for the period of delay as required by applicable law. The dividends or interest paid to you will be based on the lowest nominal dividend or interest rate we were paying on any account during that period. Payment orders we accept will be executed within a reasonable time of receipt but may not necessarily be executed on the date they are received. Cutoff times may apply to the receipt, execution and process processing of a fund transfertransfers, payment orderorders, cancellation, or amendmentcancellations and amendments. If a request for a fund transfer, payment order, cancellation, cancellation or amendment is received after a cutoff time, ; it may be treated as having been received on the next fund transfer business day. Please contact us to inquire Information about any cutoff timestimes is available upon request. From time to time, we may need to suspend processing of a transaction for greater scrutiny or verification in accordance with applicable law, in our sole discretion, and this action may affect settlement or availability of the transaction. When you institute initiate a wire transfer, we you may require that you identify the recipient, the recipient’s address, recipient and any financial institution by name and by account ac- count or identifying number, and purpose of the wire. The Credit Union and any other financial institutions facilitating facilitat- ing the transfer may rely strictly on the account Account or identifying number, even if the number identifies a different person or financial institution. Any account owner may amend or cancel a payment order, even if that person did not initiate the order. We may refuse any request to amend or cancel a payment order that we believe will expose the Credit Union to liability or loss. Any request that we accept to amend or cancel a payment order will be processed within a reasonable time after it is received. You agree to hold us harmless from and indemnify us for all losses and expenses, including attorneys’ fees, expenses resulting from any actual or attempted amended amendment or canceled cancellation of a payment order. We may require you to follow a security procedure to execute a payment order or certain electronic fund funds transfer transactions. We will notify you of any such security procedures. Unless we permit you to establish a different security procedure, and you agree that our the security procedures contained in the Credit Union’s policies, of which we have notified you, are commercially reasonablereasonable veri- fication of payment orders and other electronic fund transfers. You further understand and If we permit you to estab- lish a different security procedure, you agree that if the Credit Union verifies procedure is a commercially reasonable method of verifying electronic fund transfers. If we conduct a remittance transfer(s) on your wire behalf acting as a remittance transfer order pursuant to these security proceduresprovider, then you such transactions will be liable governed by 12 C.F.R. part 1005, subpart B-Requirements for any wire transfers made remittance transfers. A “remittance transfer” is an electronic transfer of funds of more than $15.00 which is requested by a sender and sent to a designated recipient in a foreign country by a remittance transfer provider. Terms applicable to such transactions may vary from your account, whether or not those disclosed herein and will be disclosed to you authorized themat the time such services are requested and rendered in ac- cordance with applicable law.

Appears in 1 contract

Samples: www.partnercoloradocu.org

Wire Transfers. The originator is responsible for the accuracy of the information submitted on initiated wire transfers. Except to the extent prohibited by law, the originator agrees that wire transfers are irrevocable and that the sole obligation of Credit Union is to act in good faith and with reasonable care in processing wire transfers. Credit Union is not responsible for any losses or delay which may occur as amended a result of any other party’s involvement in processing the transfer. Periodic Statement We will mail or deliver to you periodic statements for your Account(s) as disclosed in your Member Service Agreement. Periodic statements will include transactions authorized through Business Digital Banking. You agree to review your periodic statement in accordance with this agreement and other agreements governing your Account, for accuracy of all data transmitted through Business Digital Banking. You agree to promptly, but no later than 60 days after your statement delivery, notify Credit Union of any discrepancies, including but not limited to any errors or inaccuracies related to data transmitted by any online service. Limitation of Liability IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF ANY OPPORTUNITY OR GOOD WILL OR THE RESULTING EFFECT OF SUCH LOSS ON YOUR BUSINESS, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT, EXCEPT AS EXPRESSLY STATED HEREIN, THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY ASPECT OF BUSINESS DIGITAL BANKING. THIS PARAGRAPH WILL SURVIVE THE TERMINATION OF THIS AGREEMENT BY EITHER PARTY, AND ALSO LIMITS THE LIABILITY OF ANY AGENT, EMPLOYEE OR AFFILIATE OF CREDIT UNION. Credit Union shall be responsible for performing services expressly provided for in this Agreement, wire transfers and shall not be liable for any error or delay so long as Credit Union has acted in accordance with the terms and conditions hereof. Credit Union shall not be liable (i) if you do not have enough money in your account to make the transfer or the Account is closed; (ii) if the computer or system was not working properly and you know about the breakdown when you started the transfer; (iii) if circumstances beyond our control (such as war, terrorist attack, pandemic or epidemic, fire, flood, hurricane or other natural disaster, strike, civil unrest, any inoperability of electrical or communications facilities or any other circumstance beyond the control of Credit Union) prevent the transfer, despite reasonable precautions that we permit have taken; or (iv) for other reasons stated in our Member Service Agreement with you. Credit Union shall not be liable if you have not given Credit Union complete, correct and current transfer or payment instructions or if you have not followed proper instructions given through Business Digital Banking or related software. By accessing Business Digital Banking, unless the law requires otherwise, you agree that in no event shall Credit Union be liable for any special, indirect, incidental, or consequential costs, expenses or damages (including lost savings or profit, lost data, business interruption or attorney’s fees) arising from any act or omission of Credit Union, however caused or resulting, even if you advise us of the possibility of such damages. You understand that by using Business Digital Banking, information about your Account(s) and transactions will be subject transmitted over the Internet. You agree that we will have no liability to applicable Federal you if an unauthorized third party obtains information about your Account(s) or transactions despite reasonable precautions we have taken to maintain the confidentiality and Pennsylvania laws security of such information. If a transaction which you have properly processed through Business Digital Banking in accordance with the Business Digital Banking instructions or other instructions provided (i) is not completed, or (ii) is completed for an incorrect amount, or (iii) is directed to a person or entity which does not comply with your instructions, and regulations. When you order a wire transfersuch error occurred through our negligence or willful misconduct, we will debit be responsible for returning any improperly transferred fund to your Account from which the funds were withdrawn and for directing to the proper recipient any payments or transfers that were previously misdirected or not completed. The crediting of your Account and the redirecting of payments and transfers shall constitute our entire liability for incomplete or incorrect payments or transfers. You agree to notify us immediately if you believe that your access information has been breached or compromised in any way, and you will promptly take whatever follow-up steps are necessary to prevent or reduce the likelihood of unauthorized access to account for the amount information or transactions. You agree to closely monitor your Account(s) on a regular basis. This includes frequently logging on to Business Digital Banking and reviewing activity involving your Account(s), as well as promptly reviewing your Account statement when received. You agree to promptly notify Credit Union of the payment order and will charge your account for any fees errors, unauthorized transactions or suspicious circumstances related to your Account(s). You may contact us via the transferinformation below, or by visiting your nearest branch. By Mail: Launch Credit Union 000 X. Xxxxxxx Xx Xxxxxxx Xxxxxx, XX 00000 By Phone: (000) 000-0000 By Email: XxxxxxxxXxxxxxxx@xxxxxxxx.xxx Change in Terms We reserve the right to refuse to execute any wire transfer to or change the terms and charges for the services shown in this Agreement and may amend this Agreement from your account. We are not obligated to execute any payment order to transfer funds out of your account if the amount of the requested transfer plus applicable fees exceeds the available funds in your account. We are not liable for errors, delays, interruptions, or transmission failures caused by third parties or circumstances beyond our control, including me- chanical, electronic or equipment failure. Payment orders we accept will be executed within a reasonable time of receipt but may not necessarily be executed on the date they are received. Cutoff times may apply to the receipt, execution and process of a fund transfer, payment order, cancellation, or amendment. If a request for a fund transfer, payment order, cancellation, or amendment is received after a cutoff time, it may be treated as having been received on the next business day. Please contact us to inquire about cutoff times. From time to time, we may need to suspend processing of a transaction for greater scrutiny or verification in accordance with applicable time by giving you notice required by law, in our sole discretion, and this action may affect settlement or availability of the transaction. When you institute a wire transfer, we may require that you identify the recipient, the recipient’s address, any financial institution by name and by account or identifying number, and purpose of the wire. The Credit Union and any other financial institutions facilitating the transfer may rely strictly on the account or identifying number, even if the number identifies a different person or financial institution. Any account owner may amend or cancel a payment order, even if that person did not initiate the order. We may refuse any request to amend or cancel a payment order that we believe will expose the Credit Union to liability or loss. Any request that we accept to amend or cancel a payment order will be processed within a reasonable time after it is received. You agree to hold us harmless from and indemnify us for all losses and expenses, including attorneys’ fees, resulting from any actual or attempted amended or canceled payment order. We may require you to follow a security procedure to execute a payment order or certain electronic fund transfer transactions. We will notify you of any such security procedures, and you agree that our security procedures are commercially reasonable. You further understand and agree that if the Credit Union verifies your wire transfer order pursuant to these security procedures, then you will be liable for any wire transfers made from your account, whether or not you authorized them.

Appears in 1 contract

Samples: www.launchcu.com

Wire Transfers. Except as amended by this Agreement, wire transfers we permit will be This agreement is subject to applicable Federal Article 4-A of the Uniform Commercial Code - Fund Transfers as adopted in the state in which you have your account with us. If you originate a fund transfer for which Fedwire is used, and Pennsylvania laws you identify by name and regulations. When you order number a wire transferbeneficiary financial institution, an intermediary financial institutions or a beneficiary, we will debit and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named. You agree to be bound by Automated Clearing House Association rules. These rules provide, among other things that payments made to you, or originated by you, are provisional until final settlement is made through a Federal Reserve Bank or payment is otherwise made a s provided in Article 4A-403(a) of the Uniform Commercial Code. If we do not receive such, we are entitled to a refund from you in the amount credited to your account for and party originating such payment will not be considered to have paid the amount so credited. If we receive a credit to an account you have with us by wire or ACH, we are not required to give you any notice of the payment order and or credit. However, (we) will charge continue to notify you of the receipt of payments in the periodic statements we provide to you. We may accept on your behalf payments to your account for any fees related which have been transmitted through one or more Automated Clearing Houses (ACH) and which are not subject to the transferElectronic Funds Transfer Act and your rights and obligations with respect to such payments shall be constructed in accordance with and governed by the laws of the state of Oklahoma, unless it has been otherwise specified in a separate agreement that the law of some other state shall govern. We reserve the right to refuse place limits on wire transfers at any time. Facsimile Signatures. You authorize us, at any time, to execute any wire transfer to charge you for all checks, drafts, or from your accountother orders, for the payment of money, that are drawn on us regardless of by whom or by what means that facsimile signature(s) may have been affixed so long as they resemble the facsimile signature specimen filed with us, and contain the required number of signatures for this purpose. We are not obligated to execute any payment order to transfer funds out of your account if Federally Insured. Your savings is federally insured for at $250,000 and backed by the amount full faith and credit of the requested transfer plus applicable fees exceeds the available funds in your account. We are not liable for errors, delays, interruptions, or transmission failures caused by third parties or circumstances beyond our control, including me- chanical, electronic or equipment failure. Payment orders we accept will be executed within a reasonable time of receipt but may not necessarily be executed on the date they are received. Cutoff times may apply to the receipt, execution and process of a fund transfer, payment order, cancellation, or amendment. If a request for a fund transfer, payment order, cancellation, or amendment is received after a cutoff time, it may be treated as having been received on the next business day. Please contact us to inquire about cutoff times. From time to time, we may need to suspend processing of a transaction for greater scrutiny or verification in accordance with applicable law, in our sole discretion, and this action may affect settlement or availability of the transaction. When you institute a wire transfer, we may require that you identify the recipient, the recipient’s address, any financial institution by name and by account or identifying number, and purpose of the wire. The Credit Union and any other financial institutions facilitating the transfer may rely strictly on the account or identifying number, even if the number identifies a different person or financial institution. Any account owner may amend or cancel a payment order, even if that person did not initiate the order. We may refuse any request to amend or cancel a payment order that we believe will expose the Credit Union to liability or loss. Any request that we accept to amend or cancel a payment order will be processed within a reasonable time after it is received. You agree to hold us harmless from and indemnify us for all losses and expenses, including attorneys’ fees, resulting from any actual or attempted amended or canceled payment order. We may require you to follow a security procedure to execute a payment order or certain electronic fund transfer transactions. We will notify you of any such security procedures, and you agree that our security procedures are commercially reasonable. You further understand and agree that if the Credit Union verifies your wire transfer order pursuant to these security procedures, then you will be liable for any wire transfers made from your account, whether or not you authorized themUnited States Government.

Appears in 1 contract

Samples: www.trueskycu.org

Wire Transfers. Except I may be a party to a wire transfer that may be credited or debited against my account. I agree to be bound by any rules then in effect governing the use of any system through which you may, in your sole discretion, transmit funds. Any credit resulting from a wire transfer is provisional until you receive final payment. You reserve the right to delay or prevent withdrawal of funds pending verification of final payment. If final payment is not received, or if my account was credited by mistake, I agree that you may reverse the credit to my account or that I shall otherwise reimburse you if funds in my account are not sufficient. I agree to notify you immediately of any errors. If a payment does not become final, the originator shall not be deemed to have paid me the amount of the credit. If your wire transfer qualifies as amended by this Agreementa remittance transfer, wire transfers we permit as defined in Subpart B of Regulation E (12 CFR § 1005.30, et seq.), additional rules may apply which will be subject disclosed to applicable Federal and Pennsylvania laws and regulationsyou when you use that service. When you order Each time I request a wire transfer, we will debit your account for the amount of the payment order and will charge your account for any fees related I am authorizing you to the transfer. We reserve the right to refuse to execute any wire transfer to or from your account. We are not obligated to execute any payment order to transfer funds out of your account if withdraw the amount of the requested transfer wire transfer, plus any applicable fees exceeds and charges, from my account and send them to the available funds account I designate unless remittance transfer rules apply. I agree that you may, in your accountsole discretion as you deem necessary, use security procedures for accepting and acting upon wire transfer instructions. We are not liable for errorsI agree that such security procedures may include one, delayssome or all of the following, interruptions, or transmission failures caused by third parties or circumstances beyond our control, including me- chanical, electronic or equipment failure. Payment orders we accept will be executed within a reasonable time of receipt but may not necessarily be executed depending on the date they type, amount and frequency of the wire transfer request: requestor and/or account owner identification and verification; requestor and/or account owner signature comparison or verification; documentation requested to verify the individual or entity recipient; confirmation of receiving bank and/or account designation; notice provided via email, message center or phone to account owner and/or authorized agent; account surveillance and/or trending analysis. In some circumstances, you may place limits on the portability of funds and additional documentation may be required. You shall endeavor to execute each wire transfer request on the business day received if such request is received and authenticated by the cut-off time established by you from time to time. Transfer requests received by you after the cut-off time shall be treated as received on the following business day. I do not have the right to cancel or amend a wire transfer request after it has been received by you, in accord with applicable laws, rules and regulations unless remittance transfer rules apply. All third-party wire requests are received. Cutoff times subject to approval by you and may apply to the receipt, execution and process of a fund transfer, payment order, cancellation, or amendmentbe rejected. If a request wire transfer is rejected, you shall endeavor to notify me of the rejection, but are not obligated to do so. You shall have no liability or other obligation for a fund transferrejected wire transfer request or for any unauthorized wire unless remittance transfer rules apply. You shall not be responsible for any delays or mistakes caused by others through which you transmit funds unless remittance transfer rules apply. I agree that you shall not be liable or responsible for any delay or failure to transfer any amount requested because of rules, payment order, cancellation, regulations or amendment is received after a cutoff time, it may be treated as having been received on policies of the next business day. Please contact us to inquire about cutoff times. From time to time, we may need to suspend processing of a transaction for greater scrutiny or verification in accordance with applicable lawwire transfer service that limit, in our sole discretion, and this action may affect settlement or availability of the transaction. When you institute a wire transfer, we may require that you identify the recipientaggregate, the recipient’s address, amount you or any financial institution you may use to transfer funds, can transfer from time to time during any banking day. If I am entitled to compensation for any delay or improper completion of wire transfer as a result of an error by name and by account you, your liability shall be limited to the payment of interest for a period not exceeding the lesser of 60 days or identifying number, and purpose the period between the date of the wire. The Credit Union error and any other financial institutions facilitating the transfer may rely strictly on date of the account or identifying number, even if the number identifies a different person or financial institutioncorrection. Any such compensation shall be paid at your discretion by either (1) adjusting my account owner may amend balance to reflect the average balances I would have had but for the error, or cancel a (2) direct payment order, even if of cash in an amount equal to interest at the average applicable federal funds rate for that person did not initiate the order. We may refuse any request to amend or cancel a payment order that we believe will expose the Credit Union to liability or loss. Any request that we accept to amend or cancel a payment order will be processed within a reasonable time after it is received. You agree to hold us harmless from and indemnify us for all losses and expenses, including attorneys’ fees, resulting from any actual or attempted amended or canceled payment order. We may require you to follow a security procedure to execute a payment order or certain electronic fund transfer transactions. We will notify you of any such security procedures, and you agree that our security procedures are commercially reasonable. You further understand and agree that if the Credit Union verifies your wire transfer order pursuant to these security procedures, then you will be liable for any wire transfers made from your account, whether or not you authorized themperiod.

Appears in 1 contract

Samples: Customer Agreement

Wire Transfers. Except as amended by this AgreementIf you use our wire transfer service and request nonrecurring fund transfers, the following terms and conditions will govern all transactions for our acceptance and processing of your fund transfers, payment orders, credits, and related requests. HSA Bank will not initiate or receive wire transfer requests for you unless you have an open Account relationship with us. Repetitive funds transfers we permit to an Account are not permitted. Wire transfers will be subject governed by the laws of the state in which you opened your Account as indicated in our records, including Article 4A of the UCC. Unless otherwise defined, the terms used herein will have the same meaning as defined in Article 4A of the UCC. Notwithstanding the foregoing, to applicable the extent that Federal Reserve Regulation J governs some aspects of FedFunds transfers and Pennsylvania laws New York Clearing House Interbank Payment Systems (“CHIPS”) rules govern some aspects of CHIPS transfers, those respective rules will control. Authorization and regulationsSecurity Procedure. When We have established rules and security procedures for you to initiate and receive funds transfers from your Account. You must confirm your identity in a manner acceptable to HSA Bank to place a payment order. You agree that this security procedure is commercially reasonable in view of the type, value, and frequency of the payment orders you request. We may, in our discretion, adopt additional security procedures. You are responsible for the accuracy of the information in the payment order a wire transferand for the completion of the form, and we will are entitled to rely upon the content thereof. Instructions or Changes. By complying with our authorization and security procedure, you authorize and direct us to debit your account for Account and transfer the amount funds. We may handle payment orders received from you and other customers in any order selected by us, unless otherwise instructed by you and agreed to by us, The transfer of funds may be affected through any one, or a series of, correspondent banks of the beneficiary’s bank in a manner deemed most appropriate and effective by us or by any other bank participating in the funds transfer. If you as the originator of the payment order require us to use a specific intermediary bank and the intermediary bank fails, you agree that you will charge nonetheless be obliged to pay your account payment order and we will have no liability for any fees related loss resulting from the failure of the intermediary bank. We will have the maximum protection afforded under applicable law in the event of a failure of a bank that is a party to the a funds transfer. We reserve the right to refuse to execute any wire transfer to Canceling or from your accountAmending an Order. We are not obligated to execute any payment order attempt to transfer funds out of your account if the amount of the requested transfer plus applicable fees exceeds the available funds in your account. We are not liable for errors, delays, interruptions, cancel or transmission failures caused by third parties or circumstances beyond our control, including me- chanical, electronic or equipment failure. Payment orders we accept will be executed within amend a reasonable time of receipt but may not necessarily be executed on the date they are received. Cutoff times may apply to the receipt, execution and process of a fund transfer, payment order, cancellation, or amendment. If a request for a fund transfer, payment we elect to attempt to cancel or amend an order, cancellation, the rules below apply. By requesting cancellation or amendment is received after a cutoff time, it may be treated as having been received on the next business day. Please contact us to inquire about cutoff times. From time to time, we may need to suspend processing of a transaction for greater scrutiny or verification in accordance with applicable law, in our sole discretion, and this action may affect settlement or availability of the transaction. When you institute a wire transfer, we may require that you identify the recipient, the recipient’s address, any financial institution by name and by account or identifying number, and purpose of the wire. The Credit Union and any other financial institutions facilitating the transfer may rely strictly on the account or identifying number, even if the number identifies a different person or financial institution. Any account owner may amend or cancel a payment order, even if you realize that person did not initiate you may be liable under the order. We may refuse any request to amend or cancel a payment order UCC and agree that we believe will expose the Credit Union to liability or lossyou accept such liability. Any request that we accept communication seeking to cancel or amend or cancel a payment order will not be processed within effective to cancel or amend the order unless (1) the communication is in writing and presented in the same manner in which the payment order was placed, and (2) either (a) HSA Bank and all other receiving banks, including the beneficiary’s bank, have a reasonable amount of time after it to respond before the order has been accepted, or (b) HSA Bank and all such other banks agree to the cancellation or amendment and such amendment or cancellation is allowed by law. Complete Discretion to Accept or Reject Orders. We may, in our discretion and without liability of any kind to you, accept or reject any payment order requested. We will make reasonable attempts to provide you with a notice of rejection by telephone on the same funds transfer business day as the request for the payment order is received. You agree to hold us harmless from and indemnify us for all losses and expenses, including attorneys’ fees, resulting from any actual or attempted amended or canceled payment order. We may require you to follow a security procedure to execute If we receive a payment order from a third party for which you are the intended beneficiary, we have no obligation to accept the payment order, unless we have agreed with you to accept the order or certain electronic fund we are bound by a funds transfer transactionssystem rule or by law to do so. Cutoff Time. We will notify you make reasonable efforts to execute orders on the same funds transfer business day. An order must be received by us before the applicable cutoff time on that funds transfer business day in order to make a “same day transfer” possible. We do not guarantee the funds transfer transaction will be completed on the same funds transfer business day. For domestic funds transfers our “funds transfer business day” is that part of any such security proceduresa business day prior to 2:00 p.m., Central, Monday through Friday, that we are open for processing and you agree that our security procedures are commercially reasonable. You further understand and agree that if the Credit Union verifies your transmittal of wire transfer order pursuant payment orders and other communications relating to these security procedures, then you will be liable for any wire payment orders. International funds transfers made from your account, whether or are not you authorized themavailable.

Appears in 1 contract

Samples: Custodial Agreement

Wire Transfers. Except as amended by this Agreement, wire transfers we permit will be subject Automated Clearing House (“ACH’). You may initiate or receive credits or debits to applicable Federal and Pennsylvania laws and regulations. When you order a wire transfer, we will debit your account via wire transfer or ACH transfer. You agree that any outgoing wire or ACH transfer is processed at the Credit Union’s discretion and you agree to any applicable provisions. You agree that the Credit Union will not be responsible for the amount of the losses by any person or institution where a receiving financial institution posts or processes a payment order and will charge your account for any fees related to request. You also agree that after the transfer. We reserve the right to refuse to execute any wire transfer to or from your account. We are not obligated to execute any payment order to transfer funds out of your account if the amount of the requested transfer plus applicable fees exceeds the available funds in your account. We are not liable for errors, delays, interruptions, or transmission failures caused by third parties or circumstances beyond our control, including me- chanical, electronic or equipment failure. Payment orders we accept will be executed within Credit Union has accepted a reasonable time of receipt but may not necessarily be executed on the date they are received. Cutoff times may apply to the receipt, execution and process of a fund transfer, payment order, cancellationno amendment or cancellation will be effective without the agreement of the Credit Union. Receivers of ACH transactions should be aware that the Credit Union might, or amendment. If a request for a fund transfer, payment order, cancellation, or amendment is received after a cutoff time, it may be treated as having been received on the next business day. Please contact us to inquire about cutoff times. From from time to time, we may need to temporarily suspend processing of a transaction for greater scrutiny or verification in accordance with applicable law, in our sole discretion, the laws and this regulation of the Office of Foreign Assets Control. This action may affect the settlement or availability of the transaction. The Credit Union will not be liable to you for any incidental, consequential or special damages resulting from late or improper execution or failure to execute a payment order. Credit given by us to you with respect to an ACH credit entry is provisional until we receive final settlement for such entry through a Federal Reserve Bank. If we do not receive such final settlement, you are hereby notified and agree that we are entitled to a refund of the amount credited to you in connection with such entry, and the party making payment to you via such entry (i.e. the originator of the entry) shall not be deemed to have paid you in the amount of such entry. Under the operating rules of the National Automated Clearing House Association, which are applicable to ACH transactions involving your account, we are not required to give you next day notice of receipt of an ACH item and we will not do so. However, we will continue to notify you of the receipt of payments in the periodic statements we provide to you. We may accept on your behalf payments to your account which have been transmitted through one or more Automated Clearing Houses and which are not subject to the Electronic Funds Transfer Act and your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the state of Indiana, including but not limited to IC 26-1-4.1 with respect to fund transfers, and as provided by the operating rules of the National Automated Clearing House Association, which are applicable to ACH transactions involving your account. When you institute initiate a wire transferwire, we you may require that you identify either the recipient, the recipient’s address, recipient or any financial institution by name and by account or identifying number, and purpose of the wire. The Credit Union (and any other financial institutions facilitating the transfer institutions) may rely strictly on the account or other identifying number, number as the proper identification even if the number it identifies a different person party or financial institution. Any account owner may amend or cancel a payment order, even if that person did not initiate the order. We may refuse any request to amend or cancel a payment order that we believe will expose the Credit Union to liability or loss. Any request that we accept to amend or cancel a payment order will be processed within a reasonable time after it is received. You agree to hold us harmless from and indemnify us for all losses and expenses, including attorneys’ fees, resulting from pay any actual or attempted amended or canceled payment order. We may require you to follow a security procedure to execute a payment order or certain electronic fund transfer transactions. We will notify you of any such security procedures, and you agree that our security procedures are commercially reasonable. You further understand and agree that if the Credit Union verifies your wire transfer order pursuant applicable fees related to these security procedures, then you will be liable for any wire transfers made from your account, whether or not you authorized themservices as set forth on the Rate and Fee Schedule.

Appears in 1 contract

Samples: Membership and Account Agreement

Wire Transfers. Except as amended by this Agreement, You may initiate domestic wire transfers we permit through the Online Banking service. We may establish a maximum wire transfer limit for you, and no wire transfers are permitted through the Online Banking service in excess of $25,000 per day. Our standard wire fees will be subject charged to applicable Federal and Pennsylvania laws and regulations. When you order a wire transfer, we will debit your account for the amount of the payment order and will charge your account for any fees related to the transfer. We reserve the right to refuse to execute any wire transfer to or from your account. We are not obligated Wire transfer requests submitted through the Online Banking service require you have the ability to execute any payment order to transfer funds out of your account receive an SMS text and a multi-factor authentication method. YOU AND BANK AGREE THAT THESE SECURITY PROCEDURES CONSTITUTE A COMMERCIALLY REASONABLE METHOD OF PROVIDING SECURITY AGAINST UNAUTHORIZED TRANSFERS. Tell us at once if the amount of the requested transfer plus applicable fees exceeds the available funds security procedure described above is compromised in your accountany way. We are not liable for errors, delays, interruptions, or transmission failures caused by third parties or circumstances beyond our control, including me- chanical, electronic or equipment failure. Payment orders we accept will be executed within a reasonable time of receipt but may not necessarily be executed process wire transfer requests solely based on the date they are received. Cutoff times may apply to the receipt, execution and process of a fund transfer, payment order, cancellation, or amendmentinformation received from you. If a request for a fund transfer, payment order, cancellation, you describe any beneficiary or amendment is received after a cutoff time, it may be treated as having been received on the next business day. Please contact us to inquire about cutoff times. From time to time, we may need to suspend processing of a transaction for greater scrutiny or verification in accordance with applicable law, in our sole discretion, and this action may affect settlement or availability of the transaction. When you institute a wire transfer, we may require that you identify the recipient, the recipient’s address, any financial institution inconsistently by name and by account or identifying number, we and purpose other institutions may process the Order solely on the basis of the wire. The Credit Union and any other financial institutions facilitating the transfer may rely strictly on the account or identifying number, even if the number identifies a different person or financial entity different from the named beneficiary or institution. Any account owner may amend or cancel You must bring a payment order, even if that person did not initiate claim arising out of a wire transfer within one (1) year after the orderclaim arises. We may refuse are liable to you for a loss you suffer only to the extent such loss is caused solely by our gross negligence or willful misconduct. Our liability will extend only to the resulting direct loss not to exceed the amount of the disputed wire transfer and any request related fees. We shall not be liable to amend you for consequential, indirect, punitive or cancel exemplary damages. We shall not be liable for acts or omissions by you or anyone acting with your authorization or any other person including, without limitation, any funds transfer system, any Federal Reserve Bank, any beneficiary bank, and any beneficiary, none of which shall be deemed our agent. In addition, we shall be excused from delaying or failing to execute a payment order that we believe will expose the Credit Union wire transfer for circumstances or disasters beyond our control. In addition to liability or loss. Any request that we accept any other indemnification provisions in this Agreement, you shall be liable to amend or cancel a payment order will be processed within a reasonable time after it is received. You agree to us and shall indemnify and hold us harmless from any and indemnify us for all losses and expensesclaims, causes of action, damages, expenses (including attorneys’ reasonable attorney’s fees, to the extent permitted by law, and other legal expenses), liabilities and other losses resulting from acts, omissions, or provision of invalid or inaccurate data by you or any actual person acting on your behalf or attempted amended or canceled payment order. We may require you to follow a security procedure to execute a payment order or certain electronic fund transfer transactions. We will notify you of any such security procedures, and you agree that our security procedures are commercially reasonable. You further understand and agree that if the Credit Union verifies with your wire transfer order pursuant to these security procedures, then you will be liable for any wire transfers made from your account, whether or not you authorized themauthorization.

Appears in 1 contract

Samples: Consumer Online Banking Agreement

Wire Transfers. Except as amended by this Agreement, 1. General Rules for Wire Transfers You may receive wire transfers we permit will be subject to applicable Federal and Pennsylvania laws and regulations. When you order a wire transfer, we will debit your account for the amount of the payment order and will charge your account for any fees related to the transfer. We reserve the right to refuse to execute any or originate wire transfer to or transfers from your account. For each wire transfer that you want to send through us, you must complete, sign and give us a separate wire transfer request document in a form that is acceptable to us. Our cutoff time for processing funds transfer requests each business day is 4:00 P.M. Central Time. If we receive your request after that time, we may treat it as if it was received on our next business day. We are not obligated to execute accept (and may reject without being liable to you) any wire transfer request we receive from you. We may give you notice that we are rejecting a wire transfer request orally, electronically or in writing. If we send a written rejection notice by mail, we will do so by the end of the business day following the day we receive the wire transfer request. If we accept your funds transfer request, we may use any intermediary bank, funds transfer system or means of transmission in executing that request, even if they differ from those specified in your request. Your wire transfer request may identify the beneficiary, the beneficiary’s bank and one or more intermediary banks by name, by an identifying name or bank account number, or by both name and number. We have no duty to determine whether your wire transfer request contains any inconsistent names or bank account numbers. You acknowledge that we have given you notice that, if your wire transfer request identifies the beneficiary both by name and by an identifying account number, the beneficiary’s bank may make payment order to transfer funds out of your requested wire transfer on the basis of the identified bank account number, even if it identifies a person different from the named beneficiary. You also acknowledge that we have given you notice that, if your wire transfer request identifies the beneficiary’s bank or any intermediary bank both by name and by an identifying number, we and any other bank through which your requested wire transfer is processed may rely on the number as the proper identification of the beneficiary’s bank or any intermediary bank, even if it identifies a bank different than the one identified by name. For funds transferred into your account via wire transfer, you acknowledge that we have given you notice that, except for wire transfers we receive through Fedwire (which is a wire transfer system operated by the Federal Reserve Banks), any credit we give you with respect to a funds transfer is provisional until we receive final settlement for that entry. If we do not receive final settlement, you agree that we are entitled to a ref und of the amount credited to your account in connection with such entry. In such an event, the person who sent the wire transfer is deemed to have not paid you the amount of the requested transfer plus applicable fees exceeds the available funds in your account. We are not liable for errors, delays, interruptions, or transmission failures caused by third parties or circumstances beyond our control, including me- chanical, electronic or equipment failure. Payment orders we accept will be executed within a reasonable time of receipt but may not necessarily be executed on the date they are received. Cutoff times may apply to the receipt, execution and process of a fund transfer, payment order, cancellation, or amendment. If a request for a fund transfer, payment order, cancellation, or amendment is received after a cutoff time, it may be treated as having been received on the next business day. Please contact us to inquire about cutoff times. From time to time, we may need to suspend processing of a transaction for greater scrutiny or verification in accordance with applicable law, in our sole discretion, and this action may affect settlement or availability of the transaction. When you institute a wire transfer, we may require that you identify the recipient, the recipient’s address, any financial institution by name and by account or identifying number, and purpose of the wire. The Credit Union and any other financial institutions facilitating the transfer may rely strictly on the account or identifying number, even if the number identifies a different person or financial institution. Any account owner may amend or cancel a payment order, even if that person did not initiate the order. We may refuse any request to amend charge fees for sending or cancel receiving a payment order that we believe will expose the Credit Union to liability or loss. Any request that we accept to amend or cancel a payment order will be processed within a reasonable time after it is received. You agree to hold us harmless from and indemnify us for all losses and expenses, including attorneys’ fees, resulting from any actual or attempted amended or canceled payment order. We may require you to follow a security procedure to execute a payment order or certain electronic fund transfer transactions. We will notify you of any such security procedures, and you agree that our security procedures are commercially reasonable. You further understand and agree that if the Credit Union verifies your wire transfer order pursuant and may deduct those fees from your account or from the amount of the wire transfer. Please refer to these security proceduresthe separate service charge schedule(s) for current wire transfer fees. If any part of a wire transfer you send or receive is carried out by using Fedwire, then you will be liable for any wire transfers made from your account, whether or not you authorized them.rights and obligations are subject to the Federal Reserve Board’s Regulation J.

Appears in 1 contract

Samples: www.capfed.com

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Wire Transfers. Except as amended by this Agreement, wire transfers we permit will be subject to applicable Federal and Pennsylvania laws and regulations. When you open your Account, you may immediately transact the receipt of an incoming wire transfer (payment order); however, you understand that your Account must be open at least 60 calendar days before you may transact any outgoing payment order. We may refuse any incoming payment order where there is a wire transferconflict with the payment instructions, including, but not limited to, an incorrect identifying account number or identifying name. You further understand and agree that the Credit Union reserves the right not to initiate any outgoing payment order on your behalf, at our sole and absolute discretion. The Credit Union does not initiate international payment orders. Thus, you may only request us to initiate a payment order within a U.S. territory. If you receive or send a payment order, Fedwire may be used. Federal Reserve Board Regulation J and UCC-4A are the laws that cover transactions made through Fedwire. For payment order instructions, you understand and agree that the Credit Union will rely upon any identifying number given to us, even if the identifying number indicates a different beneficiary name or a financial institution different from the named financial institution. Further, you agree that neither we nor any other financial institution involved in the transaction has a duty to determine whether the identifying number given matches the intended beneficiary or the named financial institution. If we receive a payment order for you that does not specify an Account suffix, you agree we may deposit the payment into any Account of yours, including a Joint Account. Thus, you agree that if you provide the Credit Union an incorrect identifying number and the receiving financial institution accepts, posts, or returns the payment order, you are responsible for the payment order in its entirety, including any loss or liability to you or us. Incoming payment orders are accepted until 4:30 p.m. Central Standard Time (CST) (the cut-off time) on a business day we are opened. The Credit Union will post any incoming payment order to the Account that we receive on the same business day. However, you understand and agree that if we have any concerns with the payment order instructions, we will debit your account for may delay the amount posting of the payment order for up to 24 hours or we may reject the payment order altogether. Outgoing payment orders are accepted until 1:00 p.m. Central Standard Time (CST) (cut-off time) on a business day we are opened. The Credit Union will initiate any outgoing payment order we receive from you by the cut-off time on the same business day. However, you understand and will charge your account for agree that if we have any fees related to concerns on the transfer. We Account, including but not limited to, recent deposit activity, return activity or negative Account balance, we reserve the right at our sole and absolute discretion not to refuse to execute initiate your outgoing payment order. For any wire transfer to incoming or from your account. We are not obligated to execute any outgoing payment order to transfer funds out of your account if we receive after the amount of the requested transfer plus applicable fees exceeds the available funds in your account. We are not liable for errors, delays, interruptions, or transmission failures caused by third parties or circumstances beyond our control, including me- chanical, electronic or equipment failure. Payment orders we accept will be executed within a reasonable time of receipt but may not necessarily be executed on the date they are received. Cutoff times may apply to the receipt, execution and process of a fund transfer, payment order, cancellation, or amendment. If a request for a fund transfer, payment order, cancellation, or amendment is received after a cutoff respective cut-off time, it may will be treated as having been though it was received on the next business day. Please contact us The processing cut-off times shall apply to inquire about cutoff times. From time to timeall payment orders, we may need to suspend processing of a transaction for greater scrutiny cancellations, or verification in accordance with applicable law, in our sole discretion, and this action may affect settlement or availability of the transaction. When you institute a wire transfer, we may require that you identify the recipient, the recipient’s address, any financial institution by name and by account or identifying number, and purpose of the wire. The Credit Union and any other financial institutions facilitating the transfer may rely strictly on the account or identifying number, even if the number identifies a different person or financial institution. Any account owner may amend or cancel a payment order, even if that person did not initiate the order. We may refuse any request to amend or cancel a payment order that we believe will expose the Credit Union to liability or loss. Any request that we accept to amend or cancel a payment order will be processed within a reasonable time after it is amendments received. You agree to hold us harmless from and indemnify us for all losses and expenses, including attorneys’ fees, resulting from any actual or attempted amended or canceled payment order. We may require you to follow a security procedure to execute a payment order or certain electronic fund transfer transactions. We will notify you of any such security procedures, and you agree that our security procedures are commercially reasonable. You further understand and agree that if the security procedure outlined below may apply to your outgoing payment order. You understand and agree that the authenticity of an outgoing payment order may be verified using the security procedure herein unless you notify the Credit Union verifies in writing that you do not agree to the security procedure. In that event, the Credit Union shall have no obligation to accept any outgoing payment order from you, any Joint Owner, or any authorized parties on the Account until you and the Credit Union agree, in writing, on an alternate security procedure. The Credit Union has established a security procedure to verify the authenticity of an outgoing payment order, including but not limited to, (a) “out of wallet” questions; (b) call back procedures; (c) use of identifying words or numbers; or (d) valid driver’s license or other government-issued photo identification. The Credit Union may be responsible for your actual losses or expenses, to the extent recoverable under Chapter 4A of the Texas Business and Commerce Code or other applicable laws, if we fail to exercise ordinary care in carrying out your instructions in connection with a payment order. We are not responsible for acts or omissions of third parties, through whom payment orders are sent, even if those parties have acted as our agent. We are not responsible for detecting errors in any wire transfer or other payment order provided to us. We are not required to pay interest on any amount we may owe to you due to an unauthorized payment order arising out of our error unless you exercise diligence to discover the unauthorized transfer and promptly advise us of the relevant facts within the time period set forth below in the Account Statement paragraph. Any rate of interest which the Credit Union might be obligated to pay to you as of matter law for a delay or incorrect transfer arising out of error shall be the lower of the Fed Funds Rate at the time of the correction or the dividend rate paid by us on the Account from which the payment order should have occurred. You agree to indemnify and hold us harmless from any cost, liability, expense, including attorneys’ fees, arising out of any claim by a third party alleging that any payment order of yours conflicts with or compromises the rights, title, interest of any third party or conflicts with any law, rule, regulation, ordinance, court order, or other mandate or prohibition with the force and effect of law (a “Claim”), unless the Claim arises out of our failure to exercise ordinary care, failure to act in good faith, or failure to act in accordance with your instructions given pursuant to these security procedures, then you will be liable for any wire transfers made from your account, whether or not you authorized themthis Agreement.

Appears in 1 contract

Samples: Union of Texas Account Agreement

Wire Transfers. Except as amended by this AgreementIf you use our wire transfer service and request nonrecurring fund transfers, the following terms and conditions will govern all transactions for our acceptance and processing of your fund transfers, payment orders, credits, and related requests. HSA Bank will not initiate or receive wire transfer requests for you unless you have an open account relationship with us. Repetitive funds transfers we permit to an Account are not permitted. Wire transfers will be subject governed by the laws of the state in which you opened your account as indicated in our records, including Article 4A of the UCC. Unless other- wise defined, the terms used herein will have the same meaning as defined in Article 4A of the UCC. Notwithstanding the foregoing, to applicable the extent that Federal Reserve Regulation J governs some aspects of FedFunds transfers and Pennsylvania laws New York Clearing House Interbank Payment Systems ("CHIPS") rules govern some aspects of CHIPS transfers, those respective rules will control. Authorization and regulationsSecurity Procedure. When We have established rules and security procedures for you to initiate and receive funds transfers from your Account. You must confirm your identity in a manner acceptable to HSA Bank to place a payment order. You agree that this security procedure is commercially reasonable in view of the type, value, and frequency of the payment orders you request. We may, in our discretion, adopt additional security procedures. You are responsible for the accuracy of the information in the payment order a wire transferand for the completion of the form, and we will are entitled to rely upon the content thereof. Instructions or Changes. By complying with our authorization and security procedure, you authorize and direct us to debit your account for and transfer the amount funds. We may handle payment orders received from you and other customers in any order selected by us, unless otherwise instructed by you. The transfer of funds may be effected through any one, or a series of, correspondent banks of the beneficiary's bank in a manner deemed most appropriate and effective by us or by any other bank participating in the funds transfer. If you as the originator of the payment order require us to use a specific intermediary bank and the intermediary bank fails, you agree that you will charge nonetheless be obliged to pay your account payment order and we will have no liability for any fees related loss resulting from the failure of the intermediary bank. We will have the maximum protection afforded under applicable law in the event of a failure of a bank that is a party to the a funds transfer. We reserve the right to refuse to execute any wire transfer to Canceling or from your accountAmending an Order. We are not obligated to execute any payment order attempt to transfer funds out of your account if the amount of the requested transfer plus applicable fees exceeds the available funds in your account. We are not liable for errors, delays, interruptions, cancel or transmission failures caused by third parties or circumstances beyond our control, including me- chanical, electronic or equipment failure. Payment orders we accept will be executed within amend a reasonable time of receipt but may not necessarily be executed on the date they are received. Cutoff times may apply to the receipt, execution and process of a fund transfer, payment order, cancellation, or amendment. If a request for a fund transfer, payment we elect to attempt to cancel or amend an order, cancellation, the rules below apply. By requesting cancellation or amendment is received after a cutoff time, it may be treated as having been received on the next business day. Please contact us to inquire about cutoff times. From time to time, we may need to suspend processing of a transaction for greater scrutiny or verification in accordance with applicable law, in our sole discretion, and this action may affect settlement or availability of the transaction. When you institute a wire transfer, we may require that you identify the recipient, the recipient’s address, any financial institution by name and by account or identifying number, and purpose of the wire. The Credit Union and any other financial institutions facilitating the transfer may rely strictly on the account or identifying number, even if the number identifies a different person or financial institution. Any account owner may amend or cancel a payment order, even if you realize that person did not initiate you may be liable under the order. We may refuse any request to amend or cancel a payment order UCC and agree that we believe will expose the Credit Union to liability or lossyou accept such liability. Any request that we accept communication seeking to cancel or amend or cancel a payment order will not be processed within effective to cancel or amend the order unless (1) the communication is in writing and presented in the same manner in which the payment order was placed, and (2) either (a) HSA Bank and all other receiving banks, including the beneficiary's bank, have a reasonable amount of time after it to respond before the order has been accepted, or (b) HSA Bank and all such other banks agree to the cancellation or amendment and such amendment or cancellation is allowed by law. Complete Discretion to Accept or Reject Orders. We may, in our discretion and without liability of any kind to you, accept or reject any payment order requested. We will make reasonable attempts to provide you with a notice of rejection by telephone on the same funds transfer business day as the request for the payment order is received. You agree to hold us harmless from and indemnify us for all losses and expenses, including attorneys’ fees, resulting from any actual or attempted amended or canceled payment order. We may require you to follow a security procedure to execute If we receive a payment order from a third party for which you are the intended beneficiary, we have no obligation to accept the payment order, unless we have agreed with you to accept the order or certain electronic fund we are bound by a funds transfer transactionssys- tem rule or by law to do so. Cutoff Time. We will notify you make reasonable efforts to execute orders on the same funds transfer business day. An order must be received by us before the applicable cutoff time on that funds transfer business day in order to make a "same day transfer" possible. We do not guarantee the funds transfer transaction will be completed on the same funds transfer business day. For domestic funds transfers our "funds transfer business day" is that part of any such security proceduresa business day prior to 2:00 p.m., Central, Monday through Friday, that we are open for processing and you agree that our security procedures are commercially reasonable. You further understand and agree that if the Credit Union verifies your transmittal of wire transfer order pursuant pay- ment orders and other communications relating to these security procedures, then you will be liable for any wire payment orders. International funds transfers made from your account, whether or are not you authorized themavailable.

Appears in 1 contract

Samples: Deposit Account Agreement

Wire Transfers. Except as amended by this Agreement, 1. General Rules for Wire Transfers You may receive wire transfers we permit will be subject to applicable Federal and Pennsylvania laws and regulations. When you order a wire transfer, we will debit your account for the amount of the payment order and will charge your account for any fees related to the transfer. We reserve the right to refuse to execute any or originate wire transfer to or transfers from your account. For each wire transfer that you want to send through us, you must complete, sign and give us a separate wire transfer request document in a form that is acceptable to us. Our cutoff time for processing funds transfer requests each business day is 4:00 P.M. Central Time. If we receive your request after that time, we may treat it as if it was received on our next business day. We are not obligated to execute accept (and may reject without being liable to you) any wire transfer request we receive from you. We may give you notice that we are rejecting a wire transfer request orally, electronically or in writing. If we send a written rejection notice by mail, we will do so by the end of the business day following the day we receive the wire transfer request. If we accept your funds transfer request, we may use any intermediary bank, funds transfer system or means of transmission in executing that request, even if they differ from those specified in your request. Your wire transfer request may identify the beneficiary, the beneficiary’s bank and one or more intermediary banks by name, by an identifying name or bank account number, or by both name and number. We have no duty to determine whether your wire transfer request contains any inconsistent names or bank account numbers. You acknowledge that we have given you notice that, if your wire transfer request identifies the beneficiary both by name and by an identifying account number, the beneficiary’s bank may make payment order to transfer funds out of your requested wire transfer on the basis of the identified bank account number, even if it identifies a person different from the named beneficiary. You also acknowledge that we have given you notice that, if your wire transfer request identifies the beneficiary’s bank or any intermediary bank both by name and by an identifying number, we and any other bank through which your requested wire transfer is processed may rely on the number as the proper identification of the beneficiary’s bank or any intermediary bank, even if it identifies a bank different than the one identified by name. For funds transferred into your account via wire transfer, you acknowledge that we have given you notice that, except for wire transfers we receive through Fedwire (which is a wire transfer system operated by the Federal Reserve Banks), any credit we give you with respect to a funds transfer is provisional until we receive final settlement for that entry. If we do not receive final settlement, you agree that we are entitled to a refund of the amount credited to your account in connection with such entry. In such an event, the person who sent the wire transfer is deemed to have not paid you the amount of the requested transfer plus applicable fees exceeds the available funds in your account. We are not liable for errors, delays, interruptions, or transmission failures caused by third parties or circumstances beyond our control, including me- chanical, electronic or equipment failure. Payment orders we accept will be executed within a reasonable time of receipt but may not necessarily be executed on the date they are received. Cutoff times may apply to the receipt, execution and process of a fund transfer, payment order, cancellation, or amendment. If a request for a fund transfer, payment order, cancellation, or amendment is received after a cutoff time, it may be treated as having been received on the next business day. Please contact us to inquire about cutoff times. From time to time, we may need to suspend processing of a transaction for greater scrutiny or verification in accordance with applicable law, in our sole discretion, and this action may affect settlement or availability of the transaction. When you institute a wire transfer, we may require that you identify the recipient, the recipient’s address, any financial institution by name and by account or identifying number, and purpose of the wire. The Credit Union and any other financial institutions facilitating the transfer may rely strictly on the account or identifying number, even if the number identifies a different person or financial institution. Any account owner may amend or cancel a payment order, even if that person did not initiate the order. We may refuse any request to amend charge fees for sending or cancel receiving a payment order that we believe will expose the Credit Union to liability or loss. Any request that we accept to amend or cancel a payment order will be processed within a reasonable time after it is received. You agree to hold us harmless from and indemnify us for all losses and expenses, including attorneys’ fees, resulting from any actual or attempted amended or canceled payment order. We may require you to follow a security procedure to execute a payment order or certain electronic fund transfer transactions. We will notify you of any such security procedures, and you agree that our security procedures are commercially reasonable. You further understand and agree that if the Credit Union verifies your wire transfer order pursuant and may deduct those fees from your account or from the amount of the wire transfer. Please refer to these security proceduresthe separate service charge schedule(s) for current wire transfer fees. If any part of a wire transfer you send or receive is carried out by using Fedwire, then you will be liable for any wire transfers made from your account, whether or not you authorized them.rights and obligations are subject to the Federal Reserve Board’s Regulation J.

Appears in 1 contract

Samples: www.capfed.com

Wire Transfers. Except as amended by this Agreement, You may initiate domestic wire transfers we permit via Online Banking. We may establish a maximum wire transfer limit for you. Wire transfers initiated through Online Banking may not exceed $25,000 per day. Our standard wire fees will be subject charged to applicable Federal and Pennsylvania laws and regulations. When you order a wire transfer, we will debit your account for the amount of the payment order and will charge your account for any fees related to the transfer. We reserve the right to refuse to execute any wire transfer to or from your account. We are not obligated to execute any payment order to will process wire transfer funds out of your account if the amount of the requested transfer plus applicable fees exceeds the available funds in your account. We are not liable for errors, delays, interruptions, or transmission failures caused by third parties or circumstances beyond our control, including me- chanical, electronic or equipment failure. Payment orders we accept will be executed within a reasonable time of receipt but may not necessarily be executed requests solely based on the date they are received. Cutoff times may apply to the receipt, execution and process of a fund transfer, payment order, cancellation, or amendmentinformation received from you. If a request for a fund transfer, payment order, cancellation, you describe any beneficiary or amendment is received after a cutoff time, it may be treated as having been received on the next business day. Please contact us to inquire about cutoff times. From time to time, we may need to suspend processing of a transaction for greater scrutiny or verification in accordance with applicable law, in our sole discretion, and this action may affect settlement or availability of the transaction. When you institute a wire transfer, we may require that you identify the recipient, the recipient’s address, any financial institution inconsistently by name and by account or identifying number, we and purpose other institutions may process the order solely on the basis of the wire. The Credit Union and any other financial institutions facilitating the transfer may rely strictly on the account or identifying number, even if the number identifies a different person or financial entity different from the named beneficiary or institution. Any account owner may amend or cancel YOU AND BANK AGREE THAT THESE SECURITY PROCEDURES CONSTITUTE A COMMERCIALLY REASONABLE METHOD OF PROVIDING SECURITY AGAINST UNAUTHORIZED TRANSFERS. Tell us at once if the security procedure described above is compromised in any way. You must bring a payment order, even if that person did not initiate claim arising out of a wire transfer within one year after the orderclaim arises. We may refuse are liable to you for a loss you suffer only to the extent such loss is caused solely by our gross negligence or willful misconduct. Our liability will only extend to the resulting direct loss not to exceed the amount of the disputed wire transfer and any request related fees. We shall not be liable to amend you for any consequential, indirect, punitive, or cancel exemplary damages. We shall not be liable for acts or omissions by you, anyone acting with your authorization, or any other person, including, without limitation, any funds transfer system, any Federal Reserve Bank, any beneficiary bank, and any beneficiary, none of which shall be deemed our agent. Additionally, we shall be excused from delaying or failing to execute a payment order that we believe will expose the Credit Union wire transfer for circumstances beyond our control. In addition to liability or loss. Any request that we accept other indemnification provisions in this Agreement, you shall be liable to amend or cancel a payment order will be processed within a reasonable time after it is received. You agree to us and shall indemnify and hold us harmless from and indemnify us for against any and all losses and expensesclaims, causes of action, damages, expenses (including reasonable attorneys’ fees, to the extent permitted by law, and other legal expenses), liabilities, and other losses resulting from acts, omissions, or provisions of invalid or inaccurate data by you or any actual person acting on your behalf or attempted amended or canceled payment order. We may require you to follow a security procedure to execute a payment order or certain electronic fund transfer transactions. We will notify you of any such security procedures, and you agree that our security procedures are commercially reasonable. You further understand and agree that if the Credit Union verifies with your wire transfer order pursuant to these security procedures, then you will be liable for any wire transfers made from your account, whether or not you authorized themauthorization.

Appears in 1 contract

Samples: Online Banking Agreement

Wire Transfers. Except as amended by this Agreement, The Bank offers consumer wire transfer services through Online Banking. You may initiate domestic wire transfers we permit by submitting request forms through the “Correspondence” or “Messaging” sections of Online Banking. We may establish a maximum wire transfer limit for you. Wire transfers initiated through Online Banking may not exceed $25,000 per transaction. Our standard wire fees will be subject charged to applicable Federal and Pennsylvania laws and regulations. When you order a wire transfer, we will debit your account for the amount of the payment order and will charge your account for any fees related to the transfer. We reserve the right to refuse to execute any wire transfer to or from your account. We are not obligated to execute any payment order to will process wire transfer funds out of your account if the amount of the requested transfer plus applicable fees exceeds the available funds in your account. We are not liable for errors, delays, interruptions, or transmission failures caused by third parties or circumstances beyond our control, including me- chanical, electronic or equipment failure. Payment orders we accept will be executed within a reasonable time of receipt but may not necessarily be executed requests solely based on the date they are received. Cutoff times may apply to the receipt, execution and process of a fund transfer, payment order, cancellation, or amendmentinformation received from you. If a request for a fund transfer, payment order, cancellation, you describe any beneficiary or amendment is received after a cutoff time, it may be treated as having been received on the next business day. Please contact us to inquire about cutoff times. From time to time, we may need to suspend processing of a transaction for greater scrutiny or verification in accordance with applicable law, in our sole discretion, and this action may affect settlement or availability of the transaction. When you institute a wire transfer, we may require that you identify the recipient, the recipient’s address, any financial institution inconsistently by name and by account or identifying number, we and purpose other institutions may process the order solely on the basis of the wire. The Credit Union and any other financial institutions facilitating the transfer may rely strictly on the account or identifying number, even if the number identifies a different person or financial entity different from the named beneficiary or institution. Any account owner may amend or cancel YOU AND BANK AGREE THAT THESE SECURITY PROCEDURES CONSTITUTE A COMMERCIALLY REASONABLE METHOD OF PROVIDING SECURITY AGAINST UNAUTHORIZED TRANSFERS. Tell us at once if the security procedure described above is compromised in any way. You must bring a payment order, even if that person did not initiate claim arising out of a wire transfer within one year after the orderclaim arises. We may refuse are liable to you for a loss you suffer only to the extent such loss is caused solely by our gross negligence or willful misconduct. Our liability will only extend to the resulting direct loss not to exceed the amount of the disputed wire transfer and any request related fees. We shall not be liable to amend you for any consequential, indirect, punitive, or cancel exemplary damages. We shall not be liable for acts or omissions by you, anyone acting with your authorization, or any other person, including, without limitation, any funds transfer system, any Federal Reserve Bank, any beneficiary bank, and any beneficiary, none of which shall be deemed our agent. Additionally, we shall be excused from delaying or failing to execute a payment order that we believe will expose the Credit Union wire transfer for circumstances beyond our control. In addition to liability or loss. Any request that we accept other indemnification provisions in this Agreement, you shall be liable to amend or cancel a payment order will be processed within a reasonable time after it is received. You agree to us and shall indemnify and hold us harmless from and indemnify us for against any and all losses and expensesclaims, causes of action, damages, expenses (including reasonable attorneys’ fees, to the extent permitted by law, and other legal expenses), liabilities, and other losses resulting from acts, omissions, or provisions of invalid or inaccurate data by you or any actual person acting on your behalf or attempted amended or canceled payment order. We may require you to follow a security procedure to execute a payment order or certain electronic fund transfer transactions. We will notify you of any such security procedures, and you agree that our security procedures are commercially reasonable. You further understand and agree that if the Credit Union verifies with your wire transfer order pursuant to these security procedures, then you will be liable for any wire transfers made from your account, whether or not you authorized themauthorization.

Appears in 1 contract

Samples: Online Banking Agreement

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