below (Right of Setoff). If you will need the funds from a deposit via Digital Deposits, you should contact us to inquire when the funds will be available. YOUR WILL MAY NOT CONTROL THE DISPOSITION OF FUNDS HELD IN SOME OF THE FOLLOWING ACCOUNTS. 2% of the check . You must use your best efforts to cooperate with Frost in the prosecution or defense of any such claim. C. Relationships to Other Frost Agreements. However, you are still liable for all uses of the Mark, regardless of whether you have provided a sample of the Mark to us. Frost Bank Minimum Opening Deposit. You understand and agree that no later than the thirty-first (31st) day following the date of deposit of an Original Check to us, you will destroy the Original Check in a commercially reasonable manner that renders it unusable or otherwise unreadable (e.g., shredding). F. Business Days means Monday through Friday, excluding federal holidays. With regard to your obtaining Digital Deposits services under this Agreement, you must comply with the personal computer, check scanner and mobile device hardware, software, and other requirements, as well as applicable Security Procedures, as set forth in this Agreement and as set forth in any Documentation or any supplemental information and/or instructions provided by the Bank. (2) Multiple-Party Accounts Our rights and liabilities for payment of any sums on deposit in these types of Account shall be governed by the Texas Estates Code, as amended from time to time. I. 5. BECAUSE FROST DOES NOT OPERATE OR CONTROL THESE CONNECTIONS, FROST CANNOT GUARANTEE THE PRIVACY OR SECURITY OF THESE DATA TRANSMISSIONS. Watch on. - Create memos for each transaction. Generally, this section of the Agreement governs your election to use eligible debit or credit cards issued by Frost Bank (each, a Payment Card) when you add, attempt to add, or keep a Payment Card in a digital wallet (Digital Wallet or Wallet) on any mobile device that supports the Wallet (the Digital Wallet Service). $25. Ask about any fees for cashing the check and less expensive options for getting your money. If you will need the funds from a deposit right away, you should ask us when the funds will be available. Daily Balance means the application of a daily periodic rate to the full amount of principal in the Account each day. Bank employs various security and authentication technologies to ensure that you, your employees, agents or Third Parties (if a Business Account Holder), are communicating directly with the Bank, and also to ensure that your computer or mobile device is communicating with a legitimate Bank computer. * View and zoom, save and print cleared check images. You may close your Account by notifying us at any time, except that we may require you to give us seven (7) days advance notice when you intend to close your savings or interest bearing checking Account by withdrawing funds. If you and your spouse have this type of Account and desire the spouse to have right of survivorship in those funds upon the death of either spouse, you each will need to choose the Multiple-Party Account With Right of Survivorship designation on the Texas Uniform Single- or Multiple-Party Account Selection Form according to Section 113 of the Texas Estates Code. Consider using a check. If you do not want us to pay a post-dated check, you must place a stop payment order on it (see Sections VI.H. If you give us incorrect information, we will not be liable for failing to stop payment on the check. We establish different categories of withdrawals or other debits as part of our processing practice and generally process withdrawals within each category as described below. You may transfer up to $5,000 per card per day between your Account and other eligible accounts through Account Funding Transactions (AFTs). Q. A Digital Wallet is a service offered exclusively by your Digital Wallet provider (e.g., Apple, Google, Samsung) using devices deemed eligible by your Digital Wallet provider. We may receive the electronic debit to your Account immediately after the business enters the transaction so you may have a reduced right to stop payment and you may incur an Overdraft if you do not have sufficient funds in your Account to cover the amount of the check at the time you write the check or authorize the transaction. This includes the individuals/organizations full name, permanent street address, Social Security Number, Taxpayer Identification Number, other identification numbers (such as drivers license, ID or passport), date of birth (if applicable), and business, occupation or profession. A. If your bank is closed, won't cash the check, or won't give you more than $200 in cashor you don't have a bank accountyou can try to get cash at a retailer. C. Funds Availability Policy Disclosure You should read the rest of this Agreement and applicable Schedules for any applicable fees, interests, or other charges associated with your Account. We may deduct our fees from your Account(s) or from the amount of the Wire Transfer. We exercise our rights to investigate any unusual or suspicious Digital Deposits Items as determined in Banks sole discretion. A. Debit Card Services (Including Health Savings Account Debit Cards) Those funds will be available at the time funds from the check we cashed would have been available to you if you had deposited the check. In any of these events, you agree that our sole obligation shall be to provide notice of our termination of Digital Deposits to you, and that such notification will be reasonable if it is mailed to your statement mailing address immediately upon termination. (ii) Notice of Varying Amounts If these regular payments might vary in amount and/or timing, the person you are going to pay will tell you ten (10) calendar days before each payment is due when it will be made and how much it will be. THESE DISPUTE RESOLUTION PROVISIONS OF THIS AGREEMENT PROVIDE FOR BINDING ARBITRATION OF ALL DISPUTES THAT CANNOT BE RESOLVED BY NEGOTIATION OR MEDIATION. If any capitalized term defined below is used in the provisions of Regulation CC (Vol. (2) What are Your Rights Regarding Substitute Checks In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a Substitute Check is posted to your Account (for example, if you think that we withdrew the wrong amount from your Account or that we withdrew money from your Account more than once for the same check). You should also revoke your authorization for pre-authorized debit card transactions you may previously have provided to a merchant. Upon receipt of final payment, the item becomes a collected item. If you fail to comply with any of the above, we are not obligated to reimburse you for any claimed loss, except for consumer transactions that may be governed by Regulation E. If you are a Business Account customer and choose to participate in our Positive Pay services, which are designed to help prevent check fraud, and you fail to utilize or follow the procedures required for those services, you will assume the risk that checks presented against your Account may be forged or altered, to the extent that the services we offered may have prevented any loss. (1) day. Other Features Include: - Place a temporary freeze on your debit card. (13) Preauthorized Payments, XI. (14) Electronic Checks FROST WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE FUNCTIONING OF ANY MOBILE CARD, SUCH AS UNAVAILABILITY OF THE DIGITAL WALLET OR YOUR WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION. In addition, Frost also utilizes certain geo-location fraud prevention services. You further represent that you do not derive any of your income from entities that are engaged in the production, manufacturing/refinement, distribution or sale of industrial hemp or industrial hemp-derived products (such as products containing CBD oil) that are not classified as Schedule I drugs under the federal Controlled Substances Act, either directly or indirectly (including, but not limited to, rental property income). On your death, your ownership of the Account passes to the surviving parties. Q. If an item to be charged back is lost in the process of collection or unavailable for return, we may rely upon a photocopy of the item or upon any other generally accepted notification of return of the item, in charging you or any of your Accounts for the amount of the returned item. In addition, we have the right to destroy your statements if you have not claimed them within sixty (60) calendar days. To do this, the bank or check cashing place will usually ask for at least two forms of picture identification. If you have cash exceeding $10,000, it is best to conduct the transaction and have the Bank file the required CTR. WITH YOUR USE OF DIGITAL DEPOSITS, AND IN ADDITION TO ANYTHING ELSE SET FORTH IN THIS AGREEMENT, YOU ASSUME LIABILITY FOR, AND HEREBY AGREE TO INDEMNIFY, PROTECT AND HOLD HARMLESS BANK AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS (BANK INDEMNITEES), FROM AND AGAINST ANY AND ALL LIABILITIES, OBLIGATIONS, LOSSES AND EXPENSES, INCLUDING REASONABLE ATTORNEYS FEES, OF ANY KIND OR NATURE (DAMAGES) ARISING OUT OF THE USE OF, CONDITION (INCLUDING LATENT AND DEFECTS AND WHETHER OR NOT DISCOVERABLE BY YOU OR BANK), OPERATION, OWNERSHIP, SELECTION, DELIVERY, INSTALLATION OR LICENSING OF ANY ITEM OF PROCESSING SOFTWARE OR EQUIPMENT. You agree that we may, in our sole discretion, waive any fee, charge, term, or condition set forth in this Agreement at the time the Account is opened or later, on a one-time basis or for any period, without changing the terms of the Agreement or your obligation to be bound by the Agreement, and we need not provide similar waivers in the future or waive our rights to enforce the terms of this Agreement. E. Security Procedures Interest may be compounded more frequently than interest is credited to your Account. A Digital Wallet is a registered trademark of your Digital Wallet provider. The mediation itself as well as the outcome of mediation shall be kept strictly confidential. (Payable on Death) Designation If you have opened this type of Account then you are the sole owner of the Account. However, there are some exceptions to our liability. Be sure to ask your bank or credit union for this policy. Any receiving financial institution (including us) is entitled to rely on any Account or bank number you have provided even though that Account or bank number may identify a party different from the person or entity you have described by name in any transfer order. You must contact us within forty (40) calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the Substitute Check in question or the Account statement showing that the Substitute Check was posted to your Account, whichever is later. You authorize us to disclose information to third parties or our affiliates about you, your Account(s), or transfers you make: Where it is necessary for completing transfers; In order to verify the existence and condition of your Account(s) for a third party, such as a credit bureau or merchant; In order to comply with government agency or court orders, or other applicable law; If you give us your written permission; and. Online. This obligation includes disputes between you and us involving your Account and situations where we become involved in disputes between you and an authorized signer, a joint owner, or a third party claiming an interest in your Account. We urge you to carefully read the Agreement and keep it for future reference. Also, you understand that in certain instances we may request from time to time the Original Check to respond to claims made by the drawer of the check. You understand and acknowledge that all of the warranties deemed given by a depositor of a check to a bank under the UCC as applicable from time to time in the State of Texas shall also apply to any Electronic Image of an Original Check, and also apply to any Substitute Check deposited by you (as described in Section IX.A.4. Customer-initiated Items, such as checks and ACH transactions, are processed in order from the lowest dollar amount to the highest dollar amount. You agree that your use of the Digital Deposits after the Bank provides notice of such changes constitutes your acceptance of the new Security Procedures. Frost reserves the right to institute charges for account access or for additional transactions or features in the future, but only after written and/or electronic notification to you in accordance with applicable law. You understand and acknowledge that no court or other judicial body will have any authority to designate or appoint any arbitrator. L. Our Liability Yes, most banks and credit unions support ATM check deposits as long as you have an account with that bank. Congregating or loitering near the entries, exits or ATM machines of the Premises in a way that causes an inconvenience to others or blocks entry, exit or access is prohibited. You agree that Frost will not be liable to you or any third party for any block, suspension, cancellation or termination of your use of any Mobile Card. THIS MEANS ALL DISPUTES ARISING OUT OF, OR RELATED IN ANY WAY TO YOUR ACCOUNT OR THIS AGREEMENT, REGARDLESS OF ANY PRIOR AGREEMENT, DISCUSSION OR UNDERSTANDING, SHALL BE RESOLVED BY BINDING ARBITRATION, AND NOT THROUGH LITIGATION OF ANY KIND, IN ANY COURT, BY ANY JUDGE, BY ANY JURY OR OTHER TRIBUNAL (EXCEPT FOR MATTERS IN SMALL CLAIMS COURT, AND ACTIONS UNDER SECTION III.C. Withdrawals by mail will be posted to your Account as of the day the transaction is processed by us. Yes, you can deposit checks at an ATM, and the process for depositing checks follows the same steps as the process for depositing cash. In addition, you agree to reimburse us for all claims, losses, costs and damages we may incur regarding any Electronic Image, Substitute Checks or IRD deposited by you. (3) Foreign Wires sender) and receiver (i.e. As part of that commitment, and in addition to optional account activity alerts that Frost provides to you, we also may provide text and email-based fraud alerts to all Frost customers. You agree that Electronic Images, as defined below, submitted via Digital Deposits (from either your personal computer or mobile device) are not subject to the funds availability requirements of the Federal Reserve Boards Regulation CC (Regulation CC). Are banks required to report cash transactions over a certain amount? If the Party receiving a request for negotiation fails to respond within ten (10) calendar days of receiving such request, fails to attend the negotiation meeting within twenty (20) calendar days after responding to the notice of request, or otherwise declines to negotiate, such Party will be deemed to have waived its right to negotiate or mediate and the Partys only remedy is binding arbitration. 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