Common use of Wires Clause in Contracts

Wires. This agreement is subject to Article 4A of the Uniform Commercial Code, as adopted in the state of New York. By initiating a wire transfer or entering a standing wire transfer instruction through your Account, you authorize us to wire funds from your Deposit Account according to your instructions. You agree to comply with Section 1(B) of this Agreement and the security procedures for using the Site or Mobile App in connection with initiating wires and you acknowledge that such security procedures are acceptable and a commercially reasonable method of providing security against unauthorized transfers. If there is more than one Administrator for your Deposit Account, we may accept and rely on wire transfer requests from any Administrator, we will not be liable for acting upon instructions that we believe in good faith to be genuine. We may request additional information from you to verify wire transfers, including the purpose of the transfer, the wire transfer recipient (“Recipient”) or other transactions initiated through your Deposit Account. We may refuse to act upon any instruction that we cannot verify as accurate and authorized by you, or by an Administrator, in accordance with such security procedures as we may impose from time to time. You agree to be bound by any wire transfer instruction, whether or not authorized, that is issued in your name and accepted by us. You may not amend or cancel a wire transfer order after we receive it. In certain circumstances, we may take reasonable measures to amend or cancel the wire transfer order on your request, but we will not be liable to you if the wire transfer order is not amended or cancelled. You will reimburse us for any costs, losses, claims, or damages arising from any request from you to amend or cancel a payment order. Funds transfers, and deposits to your Deposit Account sufficient to fund the wire transfer must be cleared and the funds must be available on the date of the proposed transfer or your wire may be delayed. In addition, wire transfers initiated by you after the transfer window available to us through Banking Provider will be queued and processed on the following business day. Wire transfers within the U.S. are generally received by the destination bank on the same day the wire is initiated. However, we cannot guarantee that the destination bank will post the wired funds for same-day credit. We may be unable to send wire transfers to some countries. Please confirm that the country of your payment recipient is a supported destination prior to placing a wire transfer order. You may also submit wire transfer draw-down requests (“Draw-Down Request”) through your Account. Each time you submit a Draw- Down request, you certify that you are authorized to submit the Draw-Down Request and have unlimited withdrawal and deposit rights to your Deposit Account, and you authorize us to respond to each request from the Recipient in the amount indicated. Each Draw-Down Request will remain in full force and effect until you notify us in writing through your Account to cancel the Draw-Down Request. To cancel a Draw-Down Request authorization, we must receive notice of cancellation of the Draw-Down Request at least 2 Business Days prior to the desired cancellation date; and we will not be liable to you for any wire transfer draw-downs we process prior to the cancellation effective date. If any Draw-Down Requests you submit are subject to the terms of a separate agreement (“Draw-Down Agreement”) between you and the Recipient, you will be solely liable for any losses you or we incur that may result from breach of the Draw-Down Agreement by you or by the Recipient. In the event of any conflict between any Draw-Down Agreement and the terms of this agreement, this agreement will control, and you agree to indemnify us against any losses we may incur that result from the Draw-Down Agreement in accordance with Section 5(B).

Appears in 1 contract

Samples: Mercury Commercial Deposit Account Agreement

AutoNDA by SimpleDocs

Wires. This agreement is subject to Article 4A of the Uniform Commercial Code, as adopted in the state of New York. By initiating a wire transfer or entering a standing wire transfer instruction through your Account, you authorize us to wire funds from your Deposit Account according to your instructions. You agree to comply with Section 1(B) of this Agreement and the security procedures for using the Site or Mobile App in connection with initiating wires and you acknowledge that such security procedures are acceptable and a commercially reasonable method of providing security against unauthorized transfers. If there is more than one Administrator for your Deposit Account, we may accept and rely on wire transfer requests from any Administrator, we will not be liable for acting upon instructions that we believe in good faith to be genuine. We may request additional information from you to verify wire transfers, including the purpose of the transfer, the wire transfer recipient (“Recipient”) or other transactions initiated through your Deposit Account. We may refuse to act upon any instruction that we cannot verify as accurate and authorized by you, or by an Administrator, in accordance with such security procedures as we may impose from time to time. You agree to be bound by any wire transfer instruction, whether or not authorized, that is issued in your name and accepted by us. You may not amend or cancel a wire transfer order after we receive it. In certain circumstances, we may take reasonable measures to amend or cancel the wire transfer order on your request, but we will not be liable to you if the wire transfer order is not amended or cancelled. You will reimburse us for any costs, losses, claims, or damages arising from any request from you to amend or cancel a payment order. Funds transfers, and deposits to your Deposit Account sufficient to fund the wire transfer must be cleared and the funds must be available on the date of the proposed transfer or your wire may be delayed. In addition, wire transfers initiated by you after the transfer window available to us through Banking Provider will be queued and processed on the following business day. Wire transfers within the U.S. are generally received by the destination bank on the same day the wire is initiated. However, we cannot guarantee that the destination bank will post the wired funds for same-day credit. We may be unable to send wire transfers to some countries. Please confirm that the country of your payment recipient is a supported destination prior to placing a wire transfer order. You may also submit wire transfer draw-down requests (“Draw-Down Request”) through your Account. Each time you submit a Draw- Draw-Down request, you certify that you are authorized to submit the Draw-Down Request and have unlimited withdrawal and deposit rights to your Deposit Account, and you authorize us to respond to each request from the Recipient in the amount indicated. Each Draw-Down Request will remain in full force and effect until you notify us in writing through your Account to cancel the Draw-Down Request. To cancel a Draw-Down Request authorization, we must receive notice of cancellation of the Draw-Down Request at least 2 Business Days prior to the desired cancellation date; and we will not be liable to you for any wire transfer draw-downs we process prior to the cancellation effective date. If any Draw-Down Requests you submit are subject to the terms of a separate agreement (“Draw-Down Agreement”) between you and the Recipient, you will be solely liable for any losses you or we incur that may result from breach of the Draw-Down Agreement by you or by the Recipient. In the event of any conflict between any Draw-Down Agreement and the terms of this agreement, this agreement will control, and you agree to indemnify us against any losses we may incur that result from the Draw-Down Agreement in accordance with Section 5(B).

Appears in 1 contract

Samples: Deposit Account Agreement

Wires. This agreement is subject to Article 4A of the Uniform Commercial Code, as adopted in the state of New York. By initiating a wire transfer or entering a standing wire transfer instruction through your Account, you authorize us to wire funds from your Deposit Savings Account according to your instructions. You agree to comply with Section 1(B) of this Agreement and the security procedures for using the Site or Mobile App in connection with initiating wires and you acknowledge that such security procedures are acceptable and a commercially reasonable method of providing security against unauthorized transfers. If there is more than one Administrator for your Deposit Savings Account, we may accept and rely on wire transfer requests from any Administrator, we will not be liable for acting upon instructions that we believe in good faith to be genuine. We may request additional information from you to verify wire transfers, including the purpose of the transfer, the wire transfer recipient (“Recipient”) or other transactions initiated through your Deposit Savings Account. We may refuse to act upon any instruction that we cannot verify as accurate and authorized by you, or by an Administrator, in accordance with such security procedures as we may impose from time to time. You agree to be bound by any wire transfer instruction, whether or not authorized, that is issued in your name and accepted by us. You may not amend or cancel a wire transfer order after we receive it. In certain circumstances, we may take reasonable measures to amend or cancel the wire transfer order on your request, but we will not be liable to you if the wire transfer order is not amended or cancelled. You will reimburse us for any costs, losses, claims, or damages arising from any request from you to amend or cancel a payment order. Funds transfers, and deposits to your Deposit Savings Account sufficient to fund the wire transfer must be cleared and the funds must be available on the date of the proposed transfer or your wire may be delayed. In addition, wire transfers initiated by you after the transfer window available to us through Banking Provider will be queued and processed on the following business day. Wire transfers within the U.S. are generally received by the destination bank on the same day the wire is initiated. However, we cannot guarantee that the destination bank will post the wired funds for same-day credit. We may be unable to send wire transfers to some countries. Please confirm that the country of your payment recipient is a supported destination prior to placing a wire transfer order. [You may also submit wire transfer draw-down requests (“Draw-Down Request”) through your Savings Account. Each time you submit a Draw- Draw-Down requestRequest, you certify that you are authorized to submit the Draw-Down Request and have unlimited withdrawal and deposit rights to your Deposit Savings Account, and you authorize us to respond to each request from the Recipient in the amount indicated. Each Draw-Down Request will remain in full force and effect until you notify us in writing through your Account to cancel the Draw-Down Request. To cancel a Draw-Down Request authorization, we must receive notice of cancellation of the Draw-Down Request at least 2 Business Days prior to the desired cancellation date; and we will not be liable to you for any wire transfer draw-downs we process prior to the cancellation effective date. If any Draw-Down Requests you submit are subject to the terms of a separate agreement (“Draw-Down Agreement”) between you and the Recipient, you will be solely liable for any losses you or we incur that may result from breach of the Draw-Down Agreement by you or by the Recipient. In the event of any conflict between any Draw-Down Agreement and the terms of this agreement, this agreement will control, and you agree to indemnify us against any losses we may incur that result from the Draw-Down Agreement in accordance with Section 5(B6(B).]

Appears in 1 contract

Samples: Savings Account Agreement

Wires. This agreement is subject to Article 4A of the Uniform Commercial Code, as adopted in the state of New York. By initiating a wire transfer or entering a standing wire transfer instruction through your Account, you authorize us to wire funds from your Deposit Savings Account according to your instructions. You agree to comply with Section 1(B) of this Agreement and the security procedures for using the Site or Mobile App in connection with initiating wires and you acknowledge that such security procedures are acceptable and a commercially reasonable method of providing security against unauthorized transfers. If there is more than one Administrator for your Deposit Savings Account, we may accept and rely on wire transfer requests from any Administrator, we will not be liable for acting upon instructions that we believe in good faith to be genuine. We may request additional information from you to verify wire transfers, including the purpose of the transfer, the wire transfer recipient (“Recipient”) or other transactions initiated through your Deposit Savings Account. We may refuse to act upon any instruction that we cannot verify as accurate and authorized by you, or by an Administrator, in accordance with such security procedures as we may impose from time to time. You agree to be bound by any wire transfer instruction, whether or not authorized, that is issued in your name and accepted by us. You may not amend or cancel a wire transfer order after we receive it. In certain circumstances, we may take reasonable measures to amend or cancel the wire transfer order on your request, but we will not be liable to you if the wire transfer order is not amended or cancelled. You will reimburse us for any costs, losses, claims, or damages arising from any request from you to amend or cancel a payment order. Funds transfers, and deposits to your Deposit Savings Account sufficient to fund the wire transfer must be cleared and the funds must be available on the date of the proposed transfer or your wire may be delayed. In addition, wire transfers initiated by you after the transfer window available to us through Banking Provider will be queued and processed on the following business day. Wire transfers within the U.S. are generally received by the destination bank on the same day the wire is initiated. However, we cannot guarantee that the destination bank will post the wired funds for same-day credit. We may be unable to send wire transfers to some countries. Please confirm that the country of your payment recipient is a supported destination prior to placing a wire transfer order. [You may also submit wire transfer draw-down requests (“Draw-Down Request”) through your Savings Account. Each time you submit a Draw- Draw-Down requestRequest, you certify that you are authorized to submit the Draw-Down Request and have unlimited withdrawal and deposit rights to your Deposit Savings Account, and you authorize us to respond to each request from the Recipient in the amount indicated. Each Draw-Down Request will remain in full force and effect until you notify us in writing through your Account to cancel the Draw-Down Request. To cancel a Draw-Down Request authorization, we must receive notice of cancellation of the Draw-Down Request at least 2 Business Days prior to the desired cancellation date; and we will not be liable to you for any wire transfer draw-downs we process prior to the cancellation effective date. If any Draw-Down Requests you submit are subject to the terms of a separate agreement (“Draw-Down Agreement”) between you and the Recipient, you will be solely liable for any losses you or we incur that may result from breach of the Draw-Down Agreement by you or by the Recipient. In the event of any conflict between any Draw-Down Agreement and the terms of this agreement, this agreement will control, and you agree to indemnify us against any losses we may incur that result from the Draw-Down Agreement in accordance with Section 5(B6(B).]

Appears in 1 contract

Samples: Mercury Commercial Savings Account Agreement

AutoNDA by SimpleDocs

Wires. This agreement is subject to Article 4A of the Uniform Commercial Code, Code – Fund Transfers as adopted in the state Commonwealth of New YorkMassachusetts. By initiating If you originate a wire fund transfer for which Fedwire is used, and you identify by name and number a beneficiary financial institution, an intermediary financial institution or entering a standing wire transfer instruction beneficiary, we 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. ACH Credits and Debits: For each ACH transaction, you agree that the transaction is subject to the National Automated Clearing House Association (NACHA) Operating Rules and any local ACH operating rule then in effect. 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 as provided in Article 4A-403(a) of the Uniform Commercial Code. If we do not receive such payment, we are entitled to a refund from you in the amount credited to your Account, you authorize us to wire funds from your Deposit Account according to your instructions. You agree to comply with Section 1(B) of this Agreement and the security procedures for using the Site or Mobile App in connection with initiating wires and you acknowledge that party originating such security procedures are acceptable and a commercially reasonable method of providing security against unauthorized transfers. If there is more than one Administrator for your Deposit Account, we may accept and rely on wire transfer requests from any Administrator, we payment will not be liable for acting upon instructions that considered to have paid the amount so credited. If we believe in good faith receive a credit to be genuine. We may request additional information from an Account you have with us by wire or ACH, we are not required to verify wire transfers, including the purpose give you any notice of the transfer, the wire transfer recipient payment order or credit. International ACH/Wire Transactions: If your Account receives incoming ACH transactions (“Recipient”either credits or debits) or other transactions initiated through your Deposit Account. We may refuse to act upon any instruction that we cannot verify as accurate and authorized by you, or by an Administrator, in accordance with such security procedures as we may impose from time to time. You agree to be bound by any wire transfer instruction, whether or not authorized, that is issued in your name and accepted by us. You may not amend or cancel a wire transfer order after we receive it. In certain circumstances, we may take reasonable measures to amend or cancel the wire transfer order on your request, but we will not be liable to you if the wire transfer order is not amended or cancelled. You will reimburse us for any costs, losses, claims, or damages arising from any request from you to amend or cancel a payment order. Funds transfers, and deposits to your Deposit Account sufficient to fund the wire transfer must be cleared and the funds must be available on the date of the proposed transfer or your wire may be delayed. In addition, wire transfers initiated by from outside the United States, both you after the transfer window available to us through Banking Provider will be queued and processed on the following business day. Wire transfers within the U.S. are generally received by the destination bank on the same day the wire is initiated. However, we cannot guarantee that the destination bank will post the wired funds for same-day credit. We may be unable to send wire transfers to some countries. Please confirm that the country of your payment recipient is a supported destination prior to placing a wire transfer order. You may also submit wire transfer draw-down requests (“Draw-Down Request”) through your Account. Each time you submit a Draw- Down request, you certify that you are authorized to submit the Draw-Down Request and have unlimited withdrawal and deposit rights to your Deposit Account, and you authorize us to respond to each request from the Recipient in the amount indicated. Each Draw-Down Request will remain in full force and effect until you notify us in writing through your Account to cancel the Draw-Down Request. To cancel a Draw-Down Request authorization, we must receive notice of cancellation of the Draw-Down Request at least 2 Business Days prior to the desired cancellation date; and we will not be liable to you for any wire transfer draw-downs we process prior to the cancellation effective date. If any Draw-Down Requests you submit are subject to the terms Operating Rules and Guidelines of the National Automated Clearing House Association (NACHA) or the rules of any wire transfer system involved, and the laws enforced by the Office of Foreign Assets Control (OFAC). Under such rules and laws, we may temporarily suspend processing of a separate agreement (“Draw-Down Agreement”) between you and transaction for greater scrutiny or verification against the RecipientOFAC list of blocked parties, you which may result in delayed settlement, posting and/or availability of funds. If we determine there is a violation, or if we cannot satisfactorily resolve a suspected or potential violation, the subject funds will be solely liable for any losses blocked as required by law. If you or we incur that may result from breach of believe you have adequate grounds to seek the Draw-Down Agreement by you or by the Recipient. In the event return of any conflict between any Draw-Down Agreement blocked funds, it is your sole responsibility to pursue the matter with the appropriate governmental authorities. Please refer to the OFAC website for procedures and the terms form required to seek a release of this agreement, this agreement will control, and you agree to indemnify us against any losses we may incur that result from the Draw-Down Agreement in accordance with Section 5(B)blocked funds.

Appears in 1 contract

Samples: brooklinebank.com

Wires. This agreement is subject From time to Article 4A of the Uniform Commercial Code, as adopted in the state of New York. By initiating time your Deposit Account may be debited or credited for a wire transfer of funds that you send or entering a standing receive. The wire transfer instruction through will be subject to our existing wire transfer authorization requirements and separate terms and conditions. The wire transfer will also be subject to all applicable laws, regulations and rules governing the use of any system which funds may be transmitted to make the wire transfer. There will be a service fee for each wire transfer debited or credited to your Deposit Account, . Please refer to the Schedule of Fees and Charges. Checks (If Check Access is Provided) We are not required to honor any restrictive legend on checks that you authorize write. We have no liability by reason of our payment of a check prior to the date reflected on the check unless you have given us to wire funds reasonable advance notice and have followed the procedures for (and pay the fees associated with) a stop payment order as provided for below under “Stopping Payment.” Personalized checks may be ordered from us if you have the check-writing option. We may deduct the cost of your personalized checks from your Deposit Account according Account. You must verify the accuracy of all information on your printed checks. Our liability, if any, for any printing errors on checks obtained through us is limited to your instructionsthe cost of replacement. We are not liable for losses you may incur due to printing errors on checks not obtained through us or approved by us in advance. To ensure that we are able to provide quality check processing services to you, we may require you to use a check printer that meets technical standards for checks that are acceptable to us. Consistent with the practice of other banks, our procedures may not provide for the sight examination of checks with a face amount below an amount determined by us from time to time. When acting in accordance with those procedures, we will not be deemed to have failed to exercise ordinary care even though we do not make a sight examination of a check. We will not be deemed to have failed to exercise ordinary care if an item is forged or altered so cleverly that a reasonable person would not detect the forgery or alteration. We are not required to pay any check presented more than six months after its date. However, we may pay those items if we do so in good faith. You agree that we are acting in good faith in paying such an item unless there is in effect on our system a Stop Payment Order for that item. We are not responsible for any loss to comply with Section 1(B) of this Agreement and the security procedures for using the Site you caused by an event that is beyond our control. Authorizing Others to Create Checks or Mobile App in connection with initiating wires and you acknowledge that such security procedures are acceptable and a commercially reasonable method of providing security against unauthorized transfersDrafts Drawn on Your Account. If there is more than one Administrator for you voluntarily provide information about your Deposit Account, such as your account number and our transit routing number, to any other person seeking payment from you, and the person creates a paper check or draft for collection through the check collection system, we may accept pay the resulting item even if it does not contain your signature. (A check or draft created by a third party based on your verbal authorization that does not contain your signature is sometimes called a “preauthorized draft” or “remotely created check.”) You should exercise caution, because third parties may try to charge your account for items you did not authorize or in amounts different from what you authorized. You must notify us of any claim that a preauthorized draft or remotely created check created by a third party and rely charged to your Deposit Account was not authorized or that the amount of the item was different than what you authorized within sixty (60) days of when the item first appeared on wire transfer requests your Deposit Account statement. If you make a claim about the item within that time period, we will forward the claim to the bank that first deposited the check for collection, and will provide you any refund that we receive. If we are unable to recover the amount from the bank of first deposit because you do not make the claim within the required time period, we may not be able to recover the amount from the bank where the items was first deposited. If we cannot recover the funds from the bank of first deposit, we will not refund the money to you, even if you claim the item was unauthorized. We are not otherwise responsible for any Administratorloss you may incur on such an item. Check Imaging. We will convert all checks and other paper items paid from the Deposit Account to an image format. An image of the item, or for some account and/or statement types, only a description of the item, will be provided on your statement. If your checks are converted to an ACH by a third party, we will not receive images of the checks and only a description of the ACHs will appear on your statement. We will retain images of your paid checks for as long as legally required. You agree that we will not be liable for acting upon instructions destruction of the original item. You can obtain a copy of a check by requesting it and providing your account number, the check number, and the amount. If you contact us to request a copy of a check, there will be a service fee. Please see the Schedule of Fees and Charges for details. Your obligation to review your statement and report any errors is not affected by the fact that we provide an image or description of the check or other item on the statement rather than returning the original to you. Statements, Statement Cycles and Reporting Errors Unless you have requested to receive your Deposit Account statements from us only in electronic form, you will receive an account statement for your Deposit Account through the U.S. mail on a quarterly basis. There will be a service charge for each paper account statement we prepare for you. Please see the Schedule of Fees and Charges for details. However, you can also receive information about your account transactions by visiting the website address printed on your debit card. Your statement will show the amounts you have deposited, information about the checks written on the Deposit Account that have been paid, debit card transactions paid, other debits to the Deposit Account, service charges deducted from the Deposit Account, and interest earned for the period covered by the statement. To ensure receipt of your statement, we may update your mailing address as required by notification from the US Postal Service or as otherwise required by law. If you have consented to receive your account statements electronically instead of in paper form, you agree that the electronic notice that we send to the e-mail address you provide to us which advises you of the availability of your statement will constitute your receipt of the statement itself, and we will not be required to provide you with regular paper statements through the US Postal Service. You must promptly go to the website address we provide and review your statement when you receive the notice. If you believe in good faith any statement you receive contains an error or includes an unauthorized transfer from your Deposit Account, please notify us immediately. You must examine, upon receipt, all statements or electronic statement information and report any errors or irregularities to us within thirty (30) days of your receipt of the statement or within thirty (30) days of your receipt of notice of the availability of your electronic statement information. Otherwise, your Deposit Account statement will be deemed to be genuine. We correct and you may request additional information not recover from us any amounts that you to verify wire transfers, including the purpose of the transfer, the wire transfer recipient (“Recipient”) or other transactions initiated through later claim were improperly deducted from your Deposit Account. We may refuse Different rules apply to act upon electronic fund transfers that you claim were unauthorized or processed in error. You should refer to the Electronic Fund Transfer disclosures below, or the Cardholder Agreement that accompanies your debit card, if applicable, for rules concerning electronictransfers. You must bring any instruction that we cannot verify as accurate and authorized by legal action against us to recover any amount alleged to have been improperly paid out on your Deposit Account within one (1) year after the date the statement containing the allegedly improper payment was made available to you, or by you will not be entitled to recover the payment from us. We will convert all checks and other paper items paid from your Deposit Account to an Administratorimage format. An image of the item, in accordance with such security procedures as we may impose from time to time. You agree to or for some account types, only a description of the item, will be bound by any wire transfer instruction, whether provided on your statement or not authorized, that is issued in your name and accepted by uselectronic statement. You may not amend or cancel We will keep the originals for a wire transfer order after we receive it. In certain circumstances, we may take reasonable measures to amend or cancel the wire transfer order on your requestlimited period of time, but images will be retained for as long as legally required. If an image of your check or other paper item (instead of the original) is made available, you agree that we will not be liable for destruction of the original. You can obtain a copy of a check or image by requesting it and providing your Deposit Account number, the check number, and the amount. Your obligation to you if the wire transfer order review your statement and report any errors is not amended affected by the fact that we provide an image or cancelleddescription of the check or other item on the statement or within the electronic statement information rather than returning the original to you. Insufficient Funds It is your responsibility to know if there are sufficient funds in your Deposit Account before you write a check, make a withdrawal at an ATM, make a purchase with your debit card, or issue, initiate or authorize any payment from your Deposit Account. It is important that you carefully monitor your available balance and current balance, and promptly record in your account register all deposits and all items that you issue, initiate, or authorize for payment from your Deposit Account. You will reimburse us for any costs, losses, claims, or damages arising from any request from should never assume that you to amend or cancel can make a payment order. Funds transfers, and deposits covering deposit to your Deposit Account sufficient to fund the wire transfer must before an item will be cleared and the funds must be available on the date of the proposed transfer or your wire may be delayed. In addition, wire transfers initiated by you after the transfer window available presented to us through Banking Provider will for payment—items are often presented to us for payment very quickly and funds from your covering deposit may not be queued and processed on the following business day. Wire transfers within the U.S. are generally received by the destination bank on the same day the wire is initiated. However, we cannot guarantee that the destination bank will post the wired funds immediately available for same-day credit. We may be unable to send wire transfers to some countries. Please confirm that the country of your payment recipient is a supported destination prior to placing a wire transfer orderwithdrawal. You will incur, and we may also submit wire transfer draw-down requests (“Draw-Down Request”) through your Account. Each time you submit a Draw- Down request, you certify that you are authorized to submit the Draw-Down Request and have unlimited withdrawal and deposit rights to debit from your Deposit Account, an insufficient funds charge for each item returned for insufficient funds. Please see your Schedule of Service Fees and Charges for details. You can avoid insufficient funds charges by making sure that your available balance is always sufficient at the time all items, withdrawals, and payment transactions are presented to us for payment (including items that you authorize have authorized but have not yet been presented to us for payment.) If your available balance is not sufficient to respond cover an item at the time of posting, we will return the item to each request from the Recipient in payee as unpaid for insufficient funds. After an item, such as a check or ACH transaction, is returned due to insufficient funds, the amount indicatedBank may receive one or more additional requests to pay the intended payee. Each Draw-Down Request will remain in full force subsequent request is a separate item, and effect until you notify us in writing through your Account to cancel the Draw-Down RequestBank may assess and debit an insufficient funds charge for each request. To cancel a Draw-Down Request authorization, we must receive notice of cancellation of the Draw-Down Request at least 2 Business Days prior to the desired cancellation date; and You agree that we will not be liable to you if we dishonor your other items because of insufficient funds in your Deposit Account resulting from our assessing and debiting insufficient funds charges, or because of the order in which we pay your items, or because of authorization hold(s). Charges for any wire transfer draw-downs items we process prior to the cancellation effective date. If any Draw-Down Requests you submit return for insufficient funds are subject to a daily maximum as established by the terms Bank. Returned Deposited Items If a check or other item is deposited to your Deposit Account or cashed and is later returned unpaid to us by the financial institution upon which it is drawn, the amount of the check or other debit will be deducted from your Deposit Account. Any interest earned on your deposit evidenced by such returned item or check may be deducted from your Deposit Account. There will be a service charge for each returned check or other debit item. Please see the Schedule of Fees and Charges for details. Stop Payment Requests If you want to stop payment of a separate agreement (“Draw-Down Agreement”) between you and the Recipientcheck, you may do so if we receive your verbal or written stop payment order within a reasonable time before we have paid the check. If you give us verbal instructions to stop a payment, you must mail or deliver to us written confirmation of the stop payment order within 14 days or the order may be cancelled. Stop payment authorizations expire six (6) months after the date we first receive your stop payment order. There will be solely liable a service charge for each such stop payment order. Please see the Schedule of Fees and Charges for details. Your written stop payment order should include the following information: the name of the Account Owner, the Deposit Account number, the name of the person who signed the check, the name of the party to whom the check or other item was made payable, the date and amount of the check, the check number, and your name. The Bank assumes no liability for failure to stop payment on a check or draft if any losses of the information is incorrect or incomplete. If we honor your stop payment order, you agree that you will hold us harmless for all expenses you or we incur that may result from breach on account of the Draw-Down Agreement stop payment order. You further agree that if, contrary to such stop payment order, payment is nevertheless made through inadvertence, accident or oversight, the Bank’s liability will be limited to the face amount of the check or other debit, and the Bank will not be liable with respect to other items drawn by you or which are returned for insufficient funds because of such payment. Excess Contribution Distributions [ If you determine your contributions exceed the applicable maximum annual contributions permitted by the RecipientInternal Revenue Service you may request UMB return the excess contributions by submitting to UMB a completed UMB HSA Withdrawal form indicating the amount of the excess contribution you wish to have returned to you via paper check There will be a service charge for each UMB HSA Withdrawal form submitted. In Please see the event Schedule of any conflict between any Draw-Down Agreement Fees and Charges for details. You may also use UMB’s Healthcare Online Banking Portal to request a return of excess contributions. There is no fee for an excess contribution distribution completed using UMB’s Healthcare Online Banking Portal or for excess contributions not posted to your HSA at our discretion and returned to the terms of this agreement, this agreement will control, and you agree to indemnify us against any losses we may incur that result from the Draw-Down Agreement in accordance with Section 5(B)originator.

Appears in 1 contract

Samples: Account Custodial Agreement

Time is Money Join Law Insider Premium to draft better contracts faster.