Examples of Positive Pay Services in a sentence
Positive Pay Services are offered by Bank as the most effective way to minimize loss from fraudulent Check issuance or payment.
Individual services (including but not limited to, Funds Transfer, ACH Services, Wire Transfer Services, Remote Deposit Capture Services and Positive Pay Services, as each of those terms is defined herein) shall collectively be defined as the “Internet Banking Services”.
The Company acknowledges that Company’s failure to use the Positive Pay Services could substantially increase the likelihood of undetected fraudulent activity on its Accounts and that it is neither unreasonable nor unreasonable under the circumstances for us to require Company to use our Positive Pay Services upon request.
The Company further acknowledges and agrees that if Bank acts in accordance with the procedures set forth herein in paying items through the Positive Pay Services, Bank shall be deemed to have exercised good faith and ordinary care as defined by Articles 3 and 4 of the Uniform Commercial Code (“UCC”) and Bank shall have no liability whatsoever in paying such item(s).
The Company agrees that the Positive Pay Services are intended to be used to identify and return items which Company suspects, in good faith, are fraudulent, and are not intended to be used as a substitute for Company placing stop payment orders on items which Company does not wish to be paid and which are not suspected as being fraudulent.
If requested by Company and available as a Service by Bank, Company may use Positive Pay Services.
Company shall be responsible for reimbursing Bank for any and all costs, expenses, losses (including, without limitation attorney’s fees and court costs) that Bank may sustain on items returned under the Positive Pay Services which are not established to be fraudulent items.
Company agrees that if it fails to implement the Positive Pay Services following Bank’s request that it do so, Company will be precluded from asserting any claim against Bank for paying an unauthorized, altered, counterfeit or other fraudulent item that the Positive Pay Services were designed to detect or deter, and Bank will not be required to re-credit your Account(s) or otherwise be liable to Company for paying such item.
Service users may change their minds and withdraw consent at any time.
If Bank suspects or concludes, in its sole discretion, that Company is using the Positive Pay Services in violation of the previous sentence, the Bank may require the Company to provide evidence that the items the Bank is being requested to return pursuant to Company’s instructions are in fact fraudulent.