Common use of Withdrawals From Your Account Clause in Contracts

Withdrawals From Your Account. Money may be withdrawn from your Account in different ways, as permitted for each type of Account. We are required to permit a withdrawal only if you have sufficient available funds in your Account to cover the entire amount of the withdrawal, and you are not in default under any obligations you owe to us. Checks or other debit items presented against insufficient or available funds are subject to a service charge. If there are sufficient funds to cover some but not all of your withdrawal orders, we will honor those withdrawals which can be paid, in any order convenient to us. If, in our sole discretion, we permit withdrawals for which there are not sufficient available funds, or you otherwise overdraw the available funds in your Account, you agree to repay us immediately the funds advanced to you. We will assess your Account a service charge, and we may also assess your Account a charge, which will be separately disclosed to you, each day on the amount of the overdraft. At no time shall we be required to allow you to overdraw your Account, even if we allowed such activity on one or more previous occasions. We strongly suggest that you date checks with a current date. WE WILL NOT BE LIABLE TO YOU FOR PAYING CHECKS WHICH ARE POST-DATED, STALE DATED (OLDER THAN SIX MONTHS) OR DO NOT BEAR A DATE. If you do not wish us to pay a check you have issued, you must place a stop payment order with us and renew it every six months. (Please refer to the Stop Payment section of this Agreement). You may stop payment on a preauthorized electronic funds transfer in accordance with the procedures described in our Electronic Funds Transfers Agreement and Disclosures, which is incorporated herein by reference and which may be amended from time to time. You agree to use only check forms supplied or approved by us, and we will have no duty or liability whatsoever where you choose to use other items. Our duty is to use ordinary care in examining checks when they are presented to us for payment. UNLESS WE HAVE SPECIFICALLY AGREED WITH YOU IN WRITING, OUR DUTY WILL NOT INCLUDE MONITORING NONSTANDARD INSTRUCTIONS OR OTHER LEGENDS APPEARING ON CHECKS. We shall be deemed to have exercised ordinary care if we process your checks only by automated means or if any unauthorized signature, counterfeit check, or alteration could not be detected by a reasonably careful examination of the item. You agree that we do not have to notify you if we refuse to pay a check you have written, if we pay a check that overdraws your Account, or if we impose a fee in connection with either of these events. Notwithstanding the foregoing you understand that checks can be washed unless you use a wash preventive ink. Therefore, you acknowledge and agree that we have no responsibility or liability to you whatsoever resulting, arising or relating from/to: alterations, forgery, non-payment; returns as no account/insufficient funds or otherwise; limitations we do not specifically agree to in writing; or any other processing/payment error with regard to any check that is not printed by our approved vendor(s) or your failure to use wash preventive ink in the writing of any check(s). If you make withdrawals by check, the check must be properly completed and signed by the person(s) whose authority is on file with us. We may refuse to honor a withdrawal if we receive conflicting instructions from two or more authorized signers or if there is reasonable doubt as to who is authorized to make a withdrawal. You are responsible for maintaining the security of all facsimile signatures, check writing equipment and supplies. You must promptly notify us in writing of any checks that have been lost or stolen or the unauthorized use of facsimile signature equipment and the circumstances surrounding the loss, theft or unauthorized use. We reserve the right to refuse to cash or to impose a charge on anyone who asks us to cash a check that you have written. Even if your check is otherwise properly payable, we will not be liable to you for dishonor of your check, or otherwise, as a result of such refusal.

Appears in 1 contract

Samples: www.atlanticfcu.com

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Withdrawals From Your Account. Money Unless indicated otherwise on our account records, any person you authorize may withdraw or transfer all or any part of the funds in your account. All checks and withdrawal forms used in connection with your account must be withdrawn on forms obtained through or approved by us. We may refuse any check or Item drawn against your account or used to withdraw funds from your Account account if it is not on a form obtained through or approved by us. You agree to verify all information contained on checks and withdrawal forms prior to use. We may debit your account for a check or other Item drawn on your account either on the day it is presented to us for payment, by electronic or other means, or on the day we receive notice that the check or Item has been deposited or cashed at another financial institution, whichever is earlier. We may debit your account for a copy of a check that you have issued, provided we have not already paid the original check at the time the copy is presented for payment. The term “copy” of your check includes an Item that is an image of the front and back of the original check that does not meet the requirements of a substitute check as that term is defined in different waysthe Check 21 Act. We may determine the Available Balance in your account and make our decision on an insufficient funds Item at any time between our receipt of the check, as permitted for each type of AccountItem or notice and the time we must return the Item. We are required to permit a withdrawal determine your account balance only if you have sufficient available funds once during this time period. We process Items mechanically by relying on the information encoded in your Account to cover magnetic ink character recognition along the entire amount bottom of the Items and you agree that we have met the standard of care that you expect from us when we pay checks or other Items by this method. This means that we do not individually examine all of your Items to determine if the Item is properly completed, signed and endorsed and you acknowledge that payment by this method is in accordance with reasonable banking standards and constitutes ordinary care in paying checks or Items. No other provision of this Agreement regarding your or our rights and obligations with respect to specimen signatures— including, without limitation, the provisions contained in this Section 7 below and in Section 10 related to signature cards, specimen signature forms, or our right to rely on signatures contained in other bank records to establish signature authenticity—shall be interpreted in a manner inconsistent with this paragraph or as imposing on us an obligation to individually examine all Items for signature verification purposes. Generally, we post deposits and other credits received by us before the deposit cut-off time first and then we post withdrawals (debits) such as checks and electronic debits by categories and priorities within the category. The withdrawals are placed in categories defined by us based on the type of withdrawal. The following are examples of the types of withdrawals in the sequence in which the categories are currently posted:  Debits we have already paid (such as checks and ATM withdrawals), debits we are obligated to pay and want to pay ahead of other debits we are obligated to pay, and certain electronic transfers.  Other debits we are obligated to pay (such as debit card transactions we have authorized and settlement for funds transfers that we have accepted or executed) and recurring debit card debits.  Other electronic debits (electronic banking, and Automated Clearing House (ACH) debits)  Checks issued by you and certain internal debits  Bank fees (service charge, stop payment fees, wire transfer fees, etc.) The above debits are only examples and do not include all types of debits that may be posted to your account. The priorities of posting debits within the categories are based on the type of withdrawal and whether the withdrawal contains a check or sequence number or whether we can determine the date and time of an electronic debit. For example, debits, such as checks that you issue, are posted in check number sequence and certain electronic debits are posted based on the date and time we first receive notice of the transaction. For example, if a merchant requests pre-authorization for an electronic debit transaction, then we will post the transaction based on the date and time the pre-authorization was requested. If we receive an electronic debit transaction for which no pre-authorization was requested, then we will post the transaction based on the date and time the transaction was received by us for settlement. If we cannot determine the check number or the date and time of the electronic debit, we will generally post the debits according to some neutral, consistent order such as in ascending order from the smallest amount to the largest amount. We reserve the right to change the categories, the sequence of posting the categories, and the sequence of posting transactions within a category without notice to you. We may enter into or become subject to agreements for electronic presentment, and you agree to be bound by the terms of such agreements and authorize payment of a substitute check or Item based upon information describing the check or Item rather than physical delivery of the check or Item itself. We are not in default under authorized to rely upon any obligations document provided by you owe to us. Checks or other debit items presented against insufficient or available funds are subject , which indicates the persons authorized to a service chargeact on your behalf until the authority from any such person is terminated in writing in the manner hereinafter provided. If there are sufficient funds multiple owners or you have authorized multiple signers to cover issue checks, we may limit use of the account by some but or all owners or signers until all have either signed the signature card or otherwise acknowledged their respective ownership or authority on the account in a manner satisfactory to us in our sole discretion. If you terminate the authority of any signer, we are not bound by that termination until we have received the written termination instruction, it is complete in all material respects in order to allow us to act on the termination instruction, and we have had a reasonable opportunity to act on the termination instruction prior to any action by us with respect to the account or any Item. You agree that one Business Day to act upon a termination instruction is a reasonable amount of time. We (without liability) may refuse to pay an Item if we are unable to determine whether the Item is signed or authorized by you or an authorized signer. For signature-based transactions, if you wish to limit our authority to pay an Item on the account based on the Item having been signed by a person authorized to write checks or withdraw money from the account, you will need to provide us with a specimen signature for you and each such person as provided below. You may do this by ensuring that any signature card we may present to you is signed by you and each person authorized to write checks or withdraw money on the account. If the account is opened online via your electronic authorization such that no signature card is presented at the account opening, you must arrange for us to receive a specimen signature form bearing the specimen signature of you and each such owner or authorized signer. You may do this by contacting us at the number listed on the first page of this Agreement. Upon your request, we would provide you with either a signature card or a specimen signature form for this purpose. (In this Agreement, we refer to any such form as a “signature card” regardless of whether we provide you with our standard form signature card or a separate specimen signature form.) You agree that your failure to request such signature card or the failure of you or any authorized signer (including any other account owner) to sign and return any such signature card shall be a waiver of any claim for unauthorized signature that you may have against us for paying an Item not signed or authorized by you or any person that you list (or ask us to add) as an authorized signer. You agree that our payment of any such Item (and this procedure) is commercially reasonable and that we are not liable for making payment on any and all such Items. If you do not provide us a signature card signed by you and all owners and authorized signers as provided above, you assume all liability for any and all unauthorized transactions and you agree to indemnify us against and hold us harmless from any loss we incur as a result of your withdrawal ordersfailure to request and/or return a signature card to us signed by all the authorized signers on the account. Notwithstanding the foregoing, you understand and agree that for purpose of establishing the signature of you or any authorized person on the account, we will honor those withdrawals which can be paidmay, but are not required to, look to the signature of you or such authorized signer on any checks presented for payment on the account or any signature that appears on any other transaction with us now or in any order convenient to us. Ifthe future, and we may rely, in our sole discretion, we permit withdrawals on any such signature to establish the authenticity of and authority for which there are not sufficient available funds, payment of any signature based transaction on the account. If you require more than one signature on your checks or you otherwise overdraw the available funds in more than one authorization on your AccountItems, you agree to repay us immediately the funds advanced to you. We will assess that such a requirement is for your Account a service charge, sole internal benefit and we may also assess your Account a charge, which will be separately disclosed to you, each day on the amount of the overdraft. At no time shall we be required to allow you to overdraw your Account, even if we allowed such activity on one or more previous occasions. We strongly suggest that you date checks with will indemnify us for all liability arising out of and/or related to such a current date. WE WILL NOT BE LIABLE TO YOU FOR PAYING CHECKS WHICH ARE POST-DATED, STALE DATED (OLDER THAN SIX MONTHS) OR DO NOT BEAR A DATE. If you do not wish us to pay a check you have issued, you must place a stop payment order with us and renew it every six months. (Please refer to the Stop Payment section of this Agreement)requirement. You may stop payment on a preauthorized electronic funds transfer in accordance with the procedures described in our Electronic Funds Transfers Agreement and Disclosures, which is incorporated herein by reference and which may be amended from time to time. You agree to use only check forms supplied or approved by us, and we will have no duty or liability whatsoever where you choose to use other items. Our duty is to use ordinary care in examining checks when they are presented to us for payment. UNLESS WE HAVE SPECIFICALLY AGREED WITH YOU IN WRITING, OUR DUTY WILL NOT INCLUDE MONITORING NONSTANDARD INSTRUCTIONS OR OTHER LEGENDS APPEARING ON CHECKS. We shall be deemed to have exercised ordinary care if we process your checks only by automated means or if any unauthorized signature, counterfeit check, or alteration could not be detected by a reasonably careful examination of the item. You agree that we do not have to notify you if we refuse to pay a check you have written, if we pay a check that overdraws your Account, or if we impose a fee in connection with either of these events. Notwithstanding the foregoing you understand that checks can be washed unless you use a wash preventive ink. Therefore, you acknowledge and agree that we (without liability) will not examine Items for multiple signatures and will not return Items that have no responsibility only one signature or liability to you whatsoever resulting, arising or relating from/to: alterations, forgery, non-payment; returns as no account/insufficient funds or otherwise; limitations we do not specifically agree to in writing; or any other processing/payment error with regard to any check that is not printed by our approved vendor(s) or your failure to use wash preventive ink in the writing of any check(s). If you make withdrawals by check, the check must be properly completed and signed by the person(s) whose authority is on file with usone authorization. We may refuse to honor a withdrawal if we receive conflicting instructions from two or more will pay Items that contain only one authorized signers or signature even if there is reasonable doubt language on the Item stating that multiple signatures are required for payment. By using any service provided by us, you represent and warrant that the execution, delivery and performance by you of any agreement or acknowledgement covering such service has been duly authorized by necessary action and does not and will not violate any provision of law or your charter or by-laws, or result in the breach of or constitute a default under any other agreement or instrument by which you are bound or affected. In order to induce us to honor any request, direction or instruction regarding your account, or the services provided by us to you, including but not limited to services enumerated in this Agreement, you hereby agree to indemnify and hold us harmless from and against any and all claims, damages, demands, judgments, liabilities, losses, costs and expenses (including attorneys' fees) resulting directly or indirectly from our alleged acceptance or execution of any request, direction or instruction, on the part of any individual listed as to who is a person authorized to make a withdrawal. You are responsible for maintaining the security of all facsimile signatures, check writing equipment and supplies. You must promptly notify us act on your behalf in writing of any checks that have been lost or stolen or the unauthorized use of facsimile signature equipment and the circumstances surrounding the loss, theft or unauthorized use. We reserve the right document provided by you to refuse to cash or to impose a charge on anyone who asks us to cash a check that you have written. Even if your check is otherwise properly payable, we will not be liable to you for dishonor of your check, or otherwise, as a result of such refusalus.

Appears in 1 contract

Samples: Deposit Account Agreement

Withdrawals From Your Account. Money Unless indicated otherwise on our account records, any person you authorize may withdraw or transfer all or any part of the funds in your account. All checks and withdrawal forms used in connection with your account must be withdrawn on forms obtained through or approved by us. We may refuse any check or Item drawn against your account or used to withdraw funds from your Account account if it is not on a form obtained through or approved by us. You agree to verify all information contained on checks and withdrawal forms prior to use. We may place reasonable restrictions on when and how you make any large cash withdrawal, including requiring advance notice for any such withdrawal. We are not responsible for providing for your security in different wayssuch transactions and may require that you sign a document releasing us from any liability if you are robbed or assaulted. We may refuse the withdrawal request if you do not agree with these conditions. We may also refuse to cash a check (including a cashier’s check or other official item) presented over-the-counter in one of our branches if we believe that the amount is unreasonably large or that honoring the request would cause us a significant inconvenience, an undue hardship or security risk. We may debit your account for a check or other Item drawn on your account either on the day it is presented to us for payment, by electronic or other means, or on the day we receive notice that the check or Item has been deposited or cashed at another financial institution, whichever is earlier. We may debit your account for a copy of a check that you have issued, provided we have not already paid the original check at the time the copy is presented for payment. The term “copy” of your check includes an Item that is an image of the front and back of the original check that does not meet the requirements of a substitute check as permitted for each type that term is defined in the Check 21 Act. We may determine the Available Balance in your account and make our decision on an insufficient funds Item at any time between our receipt of Accountthe check, Item or notice and the time we must return the Item. We are required to permit a withdrawal determine your account balance only if you have sufficient available funds once during this time period. We process Items mechanically by relying on the information encoded in your Account to cover magnetic ink character recognition along the entire amount bottom of the Items and you agree that we have met the standard of care that you expect from us when we pay checks or other Items by this method. This means that we do not individually examine all of your Items to determine if the Item is properly completed, signed and endorsed and you acknowledge that payment by this method is in accordance with reasonable banking standards and constitutes ordinary care in paying checks or Items. No other provision of this Agreement regarding your or our rights and obligations with respect to specimen signatures— including, without limitation, the provisions contained in this Section 7 below and in Section 10 related to signature cards, specimen signature forms, or our right to rely on signatures contained in other bank records to establish signature authenticity—shall be interpreted in a manner to impair your agreement in this paragraph or as imposing on us an obligation to individually examine all Items for signature verification purposes. Generally, we post deposits and other credits received by us before the deposit cut-off time first and then we post withdrawals (debits) such as checks and electronic debits by categories and priorities within the category. The withdrawals are placed in categories defined by us based on the type of withdrawal. The following are examples of the types of withdrawals in the sequence in which the categories are currently posted: • Debits we have already paid (such as checks and ATM withdrawals), debits we are obligated to pay and want to pay ahead of other debits we are obligated to pay, and certain electronic transfers. • Other debits we are obligated to pay (such as debit card transactions we have authorized and settlement for funds transfers that we have accepted or executed) and recurring debit card debits. • Other electronic debits (electronic banking, and Automated Clearing House (ACH) debits) • Checks issued by you and certain internal debits • Bank fees (service charge, stop payment fees, wire transfer fees, etc.) The above debits are only examples and do not include all types of debits that may be posted to your account. The priorities of posting debits within the categories are based on the type of withdrawal and whether the withdrawal contains a check or sequence number or whether we can determine the date and time of an electronic debit. For example, debits, such as checks that you issue, are posted in check number sequence and certain electronic debits are posted based on the date and time we first receive notice of the transaction. For example, if a merchant requests pre-authorization for an electronic debit transaction, then we will post the transaction based on the date and time the pre-authorization was requested. If we receive an electronic debit transaction for which no pre-authorization was requested, then we will post the transaction based on the date and time the transaction was received by us for settlement. If we cannot determine the check number or the date and time of the electronic debit, we will generally post the debits according to some neutral, consistent order such as in ascending order from the smallest amount to the largest amount. We reserve the right to change the categories, the sequence of posting the categories, and the sequence of posting transactions within a category without notice to you. We may enter into or become subject to agreements for electronic presentment, and you agree to be bound by the terms of such agreements and authorize payment of a substitute check or Item based upon information describing the check or Item rather than physical delivery of the check or Item itself. We are not in default under authorized to rely upon any obligations document provided by you owe to us. Checks or other debit items presented against insufficient or available funds are subject , which indicates the persons authorized to a service chargeact on your behalf until the authority from any such person is terminated in writing in the manner hereinafter provided. If there are sufficient funds multiple owners or you have authorized multiple signers to cover issue checks, we may limit use of the account by some but or all owners or signers until all have either signed the signature card or otherwise acknowledged their respective ownership or authority on the account in a manner satisfactory to us in our sole discretion. If you terminate the authority of any signer, we are not bound by that termination until we have received the written termination instruction, it is complete in all material respects in order to allow us to act on the termination instruction, and we have had a reasonable opportunity to act on the termination instruction prior to any action by us with respect to the account or any Item. You agree that one Business Day to act upon a termination instruction is a reasonable amount of time. We (without liability) may refuse to pay an Item if we are unable to determine whether the Item is signed or authorized by you or an authorized signer. For signature-based transactions, if you wish to limit our authority to pay an Item on the account based on the Item having an authentic signature of a person authorized to write checks or withdraw money from the account, you will need to provide us with a specimen signature for you and each such person as provided below. You may do this by ensuring that any signature card we may present to you is signed by you and each person authorized to write checks or withdraw money on the account. If (1) the account is opened online via your electronic authorization such that no signature card is presented at the account opening; (2) you signed the signature card electronically using a “click to sign” electronic signature solution that does not capture a representation of your withdrawal orderswritten signature; or (3) you otherwise fail to give us a signature card signed by you, all account owners, and all authorized signers, then you must arrange for us to receive a specimen signature form bearing the specimen signature of you and each such owner or authorized signer. You may do this by contacting us at the number listed on the first page of this Agreement. Upon your request, we will honor those withdrawals which can provide you with either a signature card or a specimen signature form for this purpose. (In this Agreement, we refer to any such form as a “signature card” regardless of whether we provide you with our standard form signature card or a separate specimen signature form.) You agree that your failure to request such signature card or the failure of you or any authorized signer (including any other account owner) to sign and return any such signature card shall be paida waiver of any claim for unauthorized signature that you may have against us for paying an Item not signed or authorized by you or any person that you list (or ask us to add) as an authorized signer. You agree that our payment of any such Item (and this procedure) is commercially reasonable and that we are not liable for making payment on any and all such Items. If you do not provide us a signature card signed by you and all owners and authorized signers as provided above, you assume all liability for any and all unauthorized transactions and you agree to indemnify us against and hold us harmless from any loss we incur as a result of your failure to request and/or return a signature card to us signed by all the authorized signers on the account. Notwithstanding the foregoing, you understand and agree that for purposes of establishing the authentic signature of you or any authorized person on the account, we may, but are not required to, look to your signature or such authorized signer’s signature, as applicable, on any checks presented for payment on the account or any signature that appears on any other transaction with us now or in any order convenient to us. Ifthe future, and we may rely, in our sole discretion, we permit withdrawals on any such signature to establish the authenticity of and authority for which there are not sufficient available funds, payment of any signature-based transaction on the account. If you require more than one signature on your checks or you otherwise overdraw the available funds in more than one authorization on your AccountItems, you agree to repay us immediately the funds advanced to you. We will assess that such a requirement is for your Account a service charge, sole internal benefit and we may also assess your Account a charge, which will be separately disclosed to you, each day on the amount of the overdraft. At no time shall we be required to allow you to overdraw your Account, even if we allowed such activity on one or more previous occasions. We strongly suggest that you date checks with will indemnify us for all liability arising out of and/or related to such a current date. WE WILL NOT BE LIABLE TO YOU FOR PAYING CHECKS WHICH ARE POST-DATED, STALE DATED (OLDER THAN SIX MONTHS) OR DO NOT BEAR A DATE. If you do not wish us to pay a check you have issued, you must place a stop payment order with us and renew it every six months. (Please refer to the Stop Payment section of this Agreement)requirement. You may stop payment on a preauthorized electronic funds transfer in accordance with the procedures described in our Electronic Funds Transfers Agreement and Disclosures, which is incorporated herein by reference and which may be amended from time to time. You agree to use only check forms supplied or approved by us, and we will have no duty or liability whatsoever where you choose to use other items. Our duty is to use ordinary care in examining checks when they are presented to us for payment. UNLESS WE HAVE SPECIFICALLY AGREED WITH YOU IN WRITING, OUR DUTY WILL NOT INCLUDE MONITORING NONSTANDARD INSTRUCTIONS OR OTHER LEGENDS APPEARING ON CHECKS. We shall be deemed to have exercised ordinary care if we process your checks only by automated means or if any unauthorized signature, counterfeit check, or alteration could not be detected by a reasonably careful examination of the item. You agree that we do not have to notify you if we refuse to pay a check you have written, if we pay a check that overdraws your Account, or if we impose a fee in connection with either of these events. Notwithstanding the foregoing you understand that checks can be washed unless you use a wash preventive ink. Therefore, you acknowledge and agree that we (without liability) will not examine Items for multiple signatures and will not return Items that have no responsibility only one signature or liability to you whatsoever resulting, arising or relating from/to: alterations, forgery, non-payment; returns as no account/insufficient funds or otherwise; limitations we do not specifically agree to in writing; or any other processing/payment error with regard to any check that is not printed by our approved vendor(s) or your failure to use wash preventive ink in the writing one authorization regardless of any check(s). If you make withdrawals by check, the check must be properly completed and signed by the person(s) whose authority is on file with usrequirement of more than one signature. We may refuse to honor a withdrawal if we receive conflicting instructions from two or more will pay Items that contain only one authorized signers or signature even if there is reasonable doubt language on the Item stating that multiple signatures are required for payment or if the signature card or account resolution specifies that more than one signature is required to conduct transactions on the account. By using any service provided by us, you represent and warrant that the execution, delivery and performance by you of any agreement or acknowledgement covering such service has been duly authorized by necessary action and does not and will not violate any provision of law or your charter or by-laws, or result in the breach of or constitute a default under any other agreement or instrument by which you are bound or affected. In order to induce us to honor any request, direction or instruction regarding your account, or the services provided by us to you, including but not limited to services enumerated in this Agreement, you hereby agree to indemnify and hold us harmless from and against any and all claims, damages, demands, judgments, liabilities, losses, costs and expenses (including attorneys' fees) resulting directly or indirectly from our alleged acceptance or execution of any request, direction or instruction, on the part of any individual listed as to who is a person authorized to make a withdrawal. You are responsible for maintaining the security of all facsimile signatures, check writing equipment and supplies. You must promptly notify us act on your behalf in writing of any checks that have been lost or stolen or the unauthorized use of facsimile signature equipment and the circumstances surrounding the loss, theft or unauthorized use. We reserve the right document provided by you to refuse to cash or to impose a charge on anyone who asks us to cash a check that you have written. Even if your check is otherwise properly payable, we will not be liable to you for dishonor of your check, or otherwise, as a result of such refusalus.

Appears in 1 contract

Samples: Deposit Account Agreement

Withdrawals From Your Account. Money Unless indicated otherwise on our account records, any person you authorize may withdraw or transfer all or any part of the funds in your account. All checks and withdrawal forms used in connection with your account must be withdrawn on forms obtained through or approved by us. We may refuse any check or Item drawn against your account or used to withdraw funds from your Account account if it is not on a form obtained through or approved by us. You agree to verify all information contained on checks and withdrawal forms prior to use. We may debit your account for a check or other Item drawn on your account either on the day it is presented to us for payment, by electronic or other means, or on the day we receive notice that the check or Item has been deposited or cashed at another financial institution, whichever is earlier. We may debit your account for a copy of a check that you have issued, provided we have not already paid the original check at the time the copy is presented for payment. The term “copy” of your check includes an Item that is an image of the front and back of the original check that does not meet the requirements of a substitute check as that term is defined in different waysthe Check 21 Act. We may determine the Available Balance in your account and make our decision on an insufficient funds Item at any time between our receipt of the check, as permitted for each type of AccountItem or notice and the time we must return the Item. We are required to permit a withdrawal determine your account balance only if you have sufficient available funds once during this time period. We process Items mechanically by relying on the information encoded in your Account to cover magnetic ink character recognition along the entire amount bottom of the Items and you agree that we have met the standard of care that you expect from us when we pay checks or other Items by this method. This means that we do not individually examine all of your Items to determine if the Item is properly completed, signed and endorsed and you acknowledge that payment by this method is in accordance with reasonable banking standards and constitutes ordinary care in paying checks or Items. No other provision of this Agreement regarding your or our rights and obligations with respect to specimen signatures— including, without limitation, the provisions contained in this Section 7 below and in Section 10 related to signature cards, specimen signature forms, or our right to rely on signatures contained in other bank records to establish signature authenticity—shall be interpreted in a manner inconsistent with this paragraph or as imposing on us an obligation to individually examine all Items for signature verification purposes. Generally, we post deposits and other credits received by us before the deposit cut-off time first and then we post withdrawals (debits) such as checks and electronic debits by categories and priorities within the category. The withdrawals are placed in categories defined by us based on the type of withdrawal. The following are examples of the types of withdrawals in the sequence in which the categories are currently posted: • Debits we have already paid (such as checks and ATM withdrawals), debits we are obligated to pay and want to pay ahead of other debits we are obligated to pay, and certain electronic transfers. • Other debits we are obligated to pay (such as debit card transactions we have authorized and settlement for funds transfers that we have accepted or executed) and recurring debit card debits. • Other electronic debits (electronic banking, and Automated Clearing House (ACH) debits) • Checks issued by you and certain internal debits • Bank fees (service charge, stop payment fees, wire transfer fees, etc.) The above debits are only examples and do not include all types of debits that may be posted to your account. The priorities of posting debits within the categories are based on the type of withdrawal and whether the withdrawal contains a check or sequence number or whether we can determine the date and time of an electronic debit. For example, debits, such as checks that you issue, are posted in check number sequence and certain electronic debits are posted based on the date and time we first receive notice of the transaction. For example, if a merchant requests pre-authorization for an electronic debit transaction, then we will post the transaction based on the date and time the pre-authorization was requested. If we receive an electronic debit transaction for which no pre-authorization was requested, then we will post the transaction based on the date and time the transaction was received by us for settlement. If we cannot determine the check number or the date and time of the electronic debit, we will generally post the debits according to some neutral, consistent order such as in ascending order from the smallest amount to the largest amount. We reserve the right to change the categories, the sequence of posting the categories, and the sequence of posting transactions within a category without notice to you. We may enter into or become subject to agreements for electronic presentment, and you agree to be bound by the terms of such agreements and authorize payment of a substitute check or Item based upon information describing the check or Item rather than physical delivery of the check or Item itself. We are not in default under authorized to rely upon any obligations document provided by you owe to us. Checks or other debit items presented against insufficient or available funds are subject , which indicates the persons authorized to a service chargeact on your behalf until the authority from any such person is terminated in writing in the manner hereinafter provided. If there are sufficient funds multiple owners or you have authorized multiple signers to cover issue checks, we may limit use of the account by some but or all owners or signers until all have either signed the signature card or otherwise acknowledged their respective ownership or authority on the account in a manner satisfactory to us in our sole discretion. If you terminate the authority of any signer, we are not bound by that termination until we have received the written termination instruction, it is complete in all material respects in order to allow us to act on the termination instruction, and we have had a reasonable opportunity to act on the termination instruction prior to any action by us with respect to the account or any Item. You agree that one Business Day to act upon a termination instruction is a reasonable amount of time. We (without liability) may refuse to pay an Item if we are unable to determine whether the Item is signed or authorized by you or an authorized signer. For signature-based transactions, if you wish to limit our authority to pay an Item on the account based on the Item having been signed by a person authorized to write checks or withdraw money from the account, you will need to provide us with a specimen signature for you and each such person as provided below. You may do this by ensuring that any signature card we may present to you is signed by you and each person authorized to write checks or withdraw money on the account. If the account is opened online via your electronic authorization such that no signature card is presented at the account opening, you must arrange for us to receive a specimen signature form bearing the specimen signature of you and each such owner or authorized signer. You may do this by contacting us at the number listed on the first page of this Agreement. Upon your request, we would provide you with either a signature card or a specimen signature form for this purpose. (In this Agreement, we refer to any such form as a “signature card” regardless of whether we provide you with our standard form signature card or a separate specimen signature form.) You agree that your failure to request such signature card or the failure of you or any authorized signer (including any other account owner) to sign and return any such signature card shall be a waiver of any claim for unauthorized signature that you may have against us for paying an Item not signed or authorized by you or any person that you list (or ask us to add) as an authorized signer. You agree that our payment of any such Item (and this procedure) is commercially reasonable and that we are not liable for making payment on any and all such Items. If you do not provide us a signature card signed by you and all owners and authorized signers as provided above, you assume all liability for any and all unauthorized transactions and you agree to indemnify us against and hold us harmless from any loss we incur as a result of your withdrawal ordersfailure to request and/or return a signature card to us signed by all the authorized signers on the account. Notwithstanding the foregoing, you understand and agree that for purpose of establishing the signature of you or any authorized person on the account, we will honor those withdrawals which can be paidmay, but are not required to, look to the signature of you or such authorized signer on any checks presented for payment on the account or any signature that appears on any other transaction with us now or in any order convenient to us. Ifthe future, and we may rely, in our sole discretion, we permit withdrawals on any such signature to establish the authenticity of and authority for which there are not sufficient available funds, payment of any signature based transaction on the account. If you require more than one signature on your checks or you otherwise overdraw the available funds in more than one authorization on your AccountItems, you agree to repay us immediately the funds advanced to you. We will assess that such a requirement is for your Account a service charge, sole internal benefit and we may also assess your Account a charge, which will be separately disclosed to you, each day on the amount of the overdraft. At no time shall we be required to allow you to overdraw your Account, even if we allowed such activity on one or more previous occasions. We strongly suggest that you date checks with will indemnify us for all liability arising out of and/or related to such a current date. WE WILL NOT BE LIABLE TO YOU FOR PAYING CHECKS WHICH ARE POST-DATED, STALE DATED (OLDER THAN SIX MONTHS) OR DO NOT BEAR A DATE. If you do not wish us to pay a check you have issued, you must place a stop payment order with us and renew it every six months. (Please refer to the Stop Payment section of this Agreement)requirement. You may stop payment on a preauthorized electronic funds transfer in accordance with the procedures described in our Electronic Funds Transfers Agreement and Disclosures, which is incorporated herein by reference and which may be amended from time to time. You agree to use only check forms supplied or approved by us, and we will have no duty or liability whatsoever where you choose to use other items. Our duty is to use ordinary care in examining checks when they are presented to us for payment. UNLESS WE HAVE SPECIFICALLY AGREED WITH YOU IN WRITING, OUR DUTY WILL NOT INCLUDE MONITORING NONSTANDARD INSTRUCTIONS OR OTHER LEGENDS APPEARING ON CHECKS. We shall be deemed to have exercised ordinary care if we process your checks only by automated means or if any unauthorized signature, counterfeit check, or alteration could not be detected by a reasonably careful examination of the item. You agree that we do not have to notify you if we refuse to pay a check you have written, if we pay a check that overdraws your Account, or if we impose a fee in connection with either of these events. Notwithstanding the foregoing you understand that checks can be washed unless you use a wash preventive ink. Therefore, you acknowledge and agree that we (without liability) will not examine Items for multiple signatures and will not return Items that have no responsibility only one signature or liability to you whatsoever resulting, arising or relating from/to: alterations, forgery, non-payment; returns as no account/insufficient funds or otherwise; limitations we do not specifically agree to in writing; or any other processing/payment error with regard to any check that is not printed by our approved vendor(s) or your failure to use wash preventive ink in the writing of any check(s). If you make withdrawals by check, the check must be properly completed and signed by the person(s) whose authority is on file with usone authorization. We may refuse to honor a withdrawal if we receive conflicting instructions from two or more will pay Items that contain only one authorized signers or signature even if there is reasonable doubt language on the Item stating that multiple signatures are required for payment. By using any service provided by us, you represent and warrant that the execution, delivery and performance by you of any agreement or acknowledgement covering such service has been duly authorized by necessary action and does not and will not violate any provision of law or your charter or by-laws, or result in the breach of or constitute a default under any other agreement or instrument by which you are bound or affected. In order to induce us to honor any request, direction or instruction regarding your account, or the services provided by us to you, including but not limited to services enumerated in this Agreement, you hereby agree to indemnify and hold us harmless from and against any and all claims, damages, demands, judgments, liabilities, losses, costs and expenses (including attorneys' fees) resulting directly or indirectly from our alleged acceptance or execution of any request, direction or instruction, on the part of any individual listed as to who is a person authorized to make a withdrawal. You are responsible for maintaining the security of all facsimile signatures, check writing equipment and supplies. You must promptly notify us act on your behalf in writing of any checks that have been lost or stolen or the unauthorized use of facsimile signature equipment and the circumstances surrounding the loss, theft or unauthorized use. We reserve the right document provided by you to refuse to cash or to impose a charge on anyone who asks us to cash a check that you have written. Even if your check is otherwise properly payable, we will not be liable to you for dishonor of your check, or otherwise, as a result of such refusalus.

Appears in 1 contract

Samples: Deposit Account Agreement

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Withdrawals From Your Account. Money Unless indicated otherwise on our account records, any person you authorize may withdraw or transfer all or any part of the funds in your account. All checks and withdrawal forms used in connection with your account must be withdrawn on forms obtained through or approved by us. We may refuse any check or Item drawn against your account or used to withdraw funds from your Account account if it is not on a form obtained through or approved by us. You agree to verify all information contained on checks and withdrawal forms prior to use. We may debit your account for a check or other Item drawn on your account either on the day it is presented to us for payment, by electronic or other means, or on the day we receive notice that the check or Item has been deposited or cashed at another financial institution, whichever is earlier. We may debit your account for a copy of a check that you have issued, provided we have not already paid the original check at the time the copy is presented for payment. The term “copy” of your check includes an Item that is an image of the front and back of the original check that does not meet the requirements of a substitute check as that term is defined in different waysthe Check 21 Act. We may determine the Available Balance in your account and make our decision on an insufficient funds Item at any time between our receipt of the check, as permitted for each type of AccountItem or notice and the time we must return the Item. We are required to permit a withdrawal determine your account balance only if you have sufficient available funds once during this time period. We process Items mechanically by relying on the information encoded in your Account to cover magnetic ink character recognition along the entire amount bottom of the withdrawal, Items and you are not in default under any obligations agree that we have met the standard of care that you owe to us. Checks expect from us when we pay checks or other debit items presented against insufficient or available funds are subject to a service chargeItems by this method. If there are sufficient funds to cover some but not all of your withdrawal orders, we will honor those withdrawals which can be paid, in any order convenient to us. If, in our sole discretion, we permit withdrawals for which there are not sufficient available funds, or you otherwise overdraw the available funds in your Account, you agree to repay us immediately the funds advanced to you. We will assess your Account a service charge, and we may also assess your Account a charge, which will be separately disclosed to you, each day on the amount of the overdraft. At no time shall we be required to allow you to overdraw your Account, even if we allowed such activity on one or more previous occasions. We strongly suggest that you date checks with a current date. WE WILL NOT BE LIABLE TO YOU FOR PAYING CHECKS WHICH ARE POST-DATED, STALE DATED (OLDER THAN SIX MONTHS) OR DO NOT BEAR A DATE. If you do not wish us to pay a check you have issued, you must place a stop payment order with us and renew it every six months. (Please refer to the Stop Payment section of this Agreement). You may stop payment on a preauthorized electronic funds transfer in accordance with the procedures described in our Electronic Funds Transfers Agreement and Disclosures, which is incorporated herein by reference and which may be amended from time to time. You agree to use only check forms supplied or approved by us, and we will have no duty or liability whatsoever where you choose to use other items. Our duty is to use ordinary care in examining checks when they are presented to us for payment. UNLESS WE HAVE SPECIFICALLY AGREED WITH YOU IN WRITING, OUR DUTY WILL NOT INCLUDE MONITORING NONSTANDARD INSTRUCTIONS OR OTHER LEGENDS APPEARING ON CHECKS. We shall be deemed to have exercised ordinary care if we process your checks only by automated This means or if any unauthorized signature, counterfeit check, or alteration could not be detected by a reasonably careful examination of the item. You agree that we do not individually examine all of your Items to determine if the Item is properly completed, signed and endorsed and you acknowledge that payment by this method is in accordance with reasonable banking standards and constitutes ordinary care in paying checks or Items. Generally, we post deposits and other credits received by us before the deposit cut-off time first and then we post withdrawals (debits) such as checks and electronic debits by categories and priorities within the category. The withdrawals are placed in categories defined by us based on the type of withdrawal. The following are examples of the types of withdrawals in the sequence in which the categories are currently posted:  Debits we have to notify you if already paid (such as checks and ATM withdrawals), debits we refuse are obligated to pay a check you and want to pay ahead of other debits we are obligated to pay, and certain electronic transfers.  Other debits we are obligated to pay (such as debit card transactions we have written, if we pay a check that overdraws your Account, or if we impose a fee in connection with either of these events. Notwithstanding the foregoing you understand that checks can be washed unless you use a wash preventive ink. Therefore, you acknowledge authorized and agree settlement for funds transfers that we have no responsibility accepted or liability to executed) and recurring debit card debits.  Other electronic debits (electronic banking, and Automated Clearing House (ACH) debits)  Checks issued by you whatsoever resultingand certain internal debits  Bank fees (service charge, arising or relating from/to: alterationsstop payment fees, forgerywire transfer fees, non-payment; returns as no account/insufficient funds or otherwise; limitations we etc.) The above debits are only examples and do not specifically agree include all types of debits that may be posted to your account. The priorities of posting debits within the categories are based on the type of withdrawal and whether the withdrawal contains a check or sequence number or whether we can determine the date and time of an electronic debit. For example, debits, such as checks that you issue, are posted in writing; or any other processing/payment error with regard to any check that is not printed by our approved vendor(s) or your failure to use wash preventive ink in number sequence and certain electronic debits are posted based on the writing date and time we first receive notice of any check(s)the transaction. For example, if a merchant requests pre-authorization for an electronic debit transaction, then we will post the transaction based on the date and time the pre-authorization was requested. If you make withdrawals we receive an electronic debit transaction for which no pre-authorization was requested, then we will post the transaction based on the date and time the transaction was received by check, us for settlement. If we cannot determine the check must be properly completed and signed by the person(s) whose authority is on file with us. We may refuse to honor a withdrawal if we receive conflicting instructions from two or more authorized signers or if there is reasonable doubt as to who is authorized to make a withdrawal. You are responsible for maintaining the security of all facsimile signatures, check writing equipment and supplies. You must promptly notify us in writing of any checks that have been lost or stolen number or the unauthorized use date and time of facsimile signature equipment and the circumstances surrounding electronic debit, we will generally post the lossdebits according to some neutral, theft or unauthorized useconsistent order such as in ascending order from the smallest amount to the largest amount. We reserve the right to change the categories, the sequence of posting the categories, and the sequence of posting transactions within a category without notice to you. We may enter into or become subject to agreements for electronic presentment, and you agree to be bound by the terms of such agreements and authorize payment of a substitute check or Item based upon information describing the check or Item rather than physical delivery of the check or Item itself. We are authorized to rely upon any document provided by you to us, which indicates the persons authorized to act on your behalf until the authority from any such person is terminated in writing in the manner hereinafter provided. If you have authorized multiple signers to issue checks, we may limit use of the account until all have signed the signature card. If you terminate the authority of any signer, we are not bound by that termination until we have received the written termination instruction, it is complete in all material respects in order to allow us to act on the termination instruction, and we have had a reasonable opportunity to act on the termination instruction prior to any action by us with respect to the account or any Item. You agree that one Business Day to act upon a termination instruction is a reasonable amount of time. We (without liability) may refuse to cash pay an Item if we are unable to determine whether the Item is signed or authorized by you or an authorized signer. You agree that your failure to impose give us a charge on anyone who asks signature card signed by you, all account owners, and all authorized signers shall be a waiver of any claim for unauthorized signature that you may have against us for paying an Item signed or authorized by you or any person that you list (or ask us to cash add) as an authorized signer. You agree that our payment of any such Item (and this procedure) is commercially reasonable and that we are not liable for making payment on any and all such Items. If you do not give us a check that signature card signed by you have written. Even if your check is otherwise properly payableand all owners and authorized signers, you assume all liability for any and all unauthorized transactions and you agree to indemnify us against and hold us harmless from any loss we will not be liable to you for dishonor of your check, or otherwise, incur as a result of your failure to return a signature card to us signed by all the authorized signers on the account. If you require more than one signature on your checks or more than one authorization on your Items, you agree that such refusala requirement is for your sole internal benefit and that you will indemnify us for all liability arising out of and/or related to such a requirement. You acknowledge and agree that we (without liability) will not examine Items for multiple signatures and will not return Items that have only one signature or one authorization. We will pay Items that contain only one authorized signature even if there is language on the Item stating that multiple signatures are required for payment. By using any service provided by us, you represent and warrant that the execution, delivery and performance by you of any agreement or acknowledgement covering such service has been duly authorized by necessary action and does not and will not violate any provision of law or your charter or by-laws, or result in the breach of or constitute a default under any other agreement or instrument by which you are bound or affected. In order to induce us to honor any request, direction or instruction regarding your account, or the services provided by us to you, including but not limited to services enumerated in this Agreement, you hereby agree to indemnify and hold us harmless from and against any and all claims, damages, demands, judgments, liabilities, losses, costs and expenses (including attorneys' fees) resulting directly or indirectly from our alleged acceptance or execution of any request, direction or instruction, on the part of any individual listed as a person authorized to act on your behalf in any document provided by you to us.

Appears in 1 contract

Samples: Deposit Account Agreement

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