ENTRIES. In addition to all other representations and warranties made in this Agreement, CUSTOMER represents and warrants the following to PROCESSOR and the ODFI; now and as of the time it initiates each Entry: 3.3.1. As to each Credit Entry submitted by CUSTOMER: a) Each person shown as the Receiver on an Entry received by PROCESSOR from CUSTOMER has authorized the initiation of such Entry and the crediting of its account in the amount and on the Effective Entry Date shown on such Entry; b) Such authorization is operative at the time of transmittal or crediting by PROCESSOR as provided herein; c) Entries transmitted to PROCESSOR by CUSTOMER are limited to those types of credit Entries set forth on the Application and in the Operating Guide; d) The Entry is timely; e) The Entry is in conformity with the Rules, applicable Law, and applicable ODFI and Agency requirements; f) That, at the time the Entry is transmitted to the ACH Network by PROCESSOR, CUSTOMER does not have actual knowledge of the revocation or termination of the authorization by the Receiver; g) That the Receiver's authorization is neither inoperative nor ineffective by operation of law, nor has it been terminated by operation of law; h) That CUSTOMER has provided all written disclosures required by the Rules, applicable law, and applicable ODFI or Agency requirements to all consumers on whose behalf PROCESSOR performs any Service; i) CUSTOMER will comply with all provisions of the Rules, Laws, and ODFI and Agency requirements applicable to the services provided under this Agreement to CUSTOMER; and j) CUSTOMER acknowledges and agrees that all Entries originated as part of a service shall comply with all applicable Laws, including but not limited to, any economic sanctions administered by OFAC and shall not act on behalf of, or transmit funds to or from, any party subject to such sanctions. 3.3.2. As to each Debit Entry submitted by CUSTOMER: a) The Entry is for a sum due and owing to CUSTOMER from a customer or for a sum specified by a customer to be paid to CUSTOMER; b) The Entry is timely; c) The Entry is forwarded in accordance with an authorization executed by the Receiver and held by CUSTOMER; d) The Entry is in conformity with the Rules, applicable Laws, and applicable ODFI and Agency requirements; e) That, at the time the Entry is transmitted to the ACH Network by PROCESSOR, CUSTOMER does not have actual knowledge of the revocation or termination of the authorization by the Receiver; f) That the Receiver's authorization is neither inoperative nor ineffective by operation of law, nor has it been terminated by operation of law; g) The Entry is of a type of debit Entry specified in the Application and the Operating Guide; h) CUSTOMER has complied with the Rules, applicable Laws, and applicable ODFI and Agency requirements pertaining to the Entry; i) CUSTOMER shall be bound by and comply with the Rules as in effect from time to time, including, without limitation, the provision making payment of an Entry by the RDFI of final settlement for such Entry; and CUSTOMER specifically acknowledges that it has received notice of the Rule regarding provisional payment and of the fact that, if such settlement is not received, the RDFI shall be entitled to a refund from the Receiver of the amount credited and CUSTOMER shall not be deemed to have paid the Receiver the amount of the Entry; j) CUSTOMER will comply with all provisions of the Rules, Laws, and all ODFI and Agency requirements applicable to the services provided to CUSTOMER under this Agreement; and k) CUSTOMER acknowledges and agrees that all Entries originated as part of a service shall comply with all Regulations, including but not limited to, any economic sanctions administered by OFAC and shall not act on behalf of, or transmit funds to or from, any party subject to such sanctions.
Appears in 3 contracts
Sources: Ach Origination Terms and Conditions, Ach Origination Agreement, Ach Origination Terms and Conditions
ENTRIES. In addition to all other representations and warranties made in this Agreement, CUSTOMER represents and warrants the following to PROCESSOR and the ODFI; now and as of the time it initiates each Entry:
3.3.1. As to each Credit Entry submitted by CUSTOMER:
a) : • Each person shown as the Receiver on an Entry received by PROCESSOR from CUSTOMER has authorized the initiation of such Entry and the crediting of its account in the amount and on the Effective Entry Date shown on such Entry;
b) ; • Such authorization is operative at the time of transmittal or crediting by PROCESSOR as provided herein;
c) ; • Entries transmitted to PROCESSOR by CUSTOMER are limited to those types of credit Entries set forth on the Application and in the Operating Guide;
d) ; • The Entry is timely;
e) ; • The Entry is in conformity with the Rules, applicable Law, and applicable ODFI and Agency requirements;
f) ; • That, at the time the Entry is transmitted to the ACH Network by PROCESSOR, CUSTOMER does not have actual knowledge of the revocation or termination of the authorization by the Receiver;
g) ; • That the Receiver's authorization is neither inoperative nor ineffective by operation of law, nor has it been terminated by operation of law;
h) ; • That CUSTOMER has provided all written disclosures required by the Rules, applicable law, and applicable ODFI or Agency requirements to all consumers on whose behalf PROCESSOR performs any Service;
i) ; • CUSTOMER will comply with all provisions of the Rules, Laws, and ODFI and Agency requirements applicable to the services provided under this Agreement to CUSTOMER; and
j) and • CUSTOMER acknowledges and agrees that all Entries originated as part of a service shall comply with all applicable Laws, including but not limited to, any economic sanctions administered by OFAC and shall not act on behalf of, or transmit funds to or from, any party subject to such sanctions.
3.3.2. As to each Debit Entry submitted by CUSTOMER:
a) : • The Entry is for a sum due and owing to CUSTOMER from a customer or for a sum specified by a customer to be paid to CUSTOMER;
b) ; • The Entry is timely;
c) ; • The Entry is forwarded in accordance with an authorization executed by the Receiver and held by CUSTOMER;
d) ; • The Entry is in conformity with the Rules, applicable Laws, and applicable ODFI and Agency requirements;
e) ; • That, at the time the Entry is transmitted to the ACH Network by PROCESSOR, CUSTOMER does not have actual knowledge of the revocation or termination of the authorization by the Receiver;
f) ; • That the Receiver's authorization is neither inoperative nor ineffective by operation of law, nor has it been terminated by operation of law;
g) ; • The Entry is of a type of debit Entry specified in the Application and the Operating Guide;
h) ; • CUSTOMER has complied with the Rules, applicable Laws, and applicable ODFI and Agency requirements pertaining to the Entry;
i) ; • CUSTOMER shall be bound by and comply with the Rules as in effect from time to time, including, without limitation, the provision making payment of an Entry by the RDFI of final settlement for such Entry; and CUSTOMER specifically acknowledges that it has received notice of the Rule regarding provisional payment and of the fact that, if such settlement is not received, the RDFI shall be entitled to a refund from the Receiver of the amount credited and CUSTOMER shall not be deemed to have paid the Receiver the amount of the Entry;
j) ; • CUSTOMER will comply with all provisions of the Rules, Laws, and all ODFI and Agency requirements applicable to the services provided to CUSTOMER under this Agreement; and
k) and • CUSTOMER acknowledges and agrees that all Entries originated as part of a service shall comply with all Regulations, including but not limited to, any economic sanctions administered by OFAC and shall not act on behalf of, or transmit funds to or from, any party subject to such sanctions.
Appears in 2 contracts
Sources: Ach Origination Terms and Conditions, Ach Origination Terms and Conditions
ENTRIES. In addition to all other representations and warranties made in this Agreement, CUSTOMER represents and warrants the following to PROCESSOR and the ODFI; now and as of the time it initiates each Entry:
3.3.1. As to each Credit Entry submitted by CUSTOMER:
a) Each person shown as the Receiver on an Entry received by PROCESSOR from CUSTOMER has authorized the initiation of such Entry and the crediting of its account in the amount and on the Effective Entry Date shown on such Entry;
b) Such authorization is operative at the time of transmittal or crediting by PROCESSOR as provided herein;
c) Entries transmitted to PROCESSOR by CUSTOMER are limited to those types of credit Entries set forth on the Application and in the Operating Guide;
d) The Entry is timely;
e) The Entry is in conformity with the Rules, applicable Law, and applicable ODFI and Agency requirements;
f) That, at the time the Entry is transmitted to the ACH Network by PROCESSOR, CUSTOMER does not have actual knowledge of the revocation or termination of the authorization by the Receiver;
g) That the Receiver's authorization is neither inoperative nor ineffective by operation of law, nor has it been terminated by operation of lawoflaw;
h) That CUSTOMER has provided all written disclosures required by the Rules, applicable law, and applicable ODFI or Agency requirements to all consumers on whose behalf PROCESSOR performs any Service;
i) CUSTOMER will comply with all provisions of the Rules, Laws, and ODFI and Agency requirements applicable to the services provided under this Agreement to CUSTOMER; and
j) CUSTOMER acknowledges and agrees that all Entries originated as part of a service shall comply with all applicable Laws, including but not limited to, any economic sanctions administered by OFAC and shall not act on behalf of, or transmit funds to or from, any party subject to such sanctions.
3.3.2. As to each Debit Entry submitted by CUSTOMER:
a) The Entry is for a sum due and owing to CUSTOMER from a customer or for a sum specified by a customer to be paid to CUSTOMER;
b) The Entry is timely;
c) The Entry is forwarded in accordance with an authorization executed by the Receiver and held by CUSTOMER;
d) The Entry is in conformity with the Rules, applicable Laws, and applicable ODFI and Agency requirements;
e) That, at the time the Entry is transmitted to the ACH Network by PROCESSOR, CUSTOMER does not have actual knowledge of the revocation or termination of the authorization by the Receiver;
f) That the Receiver's authorization is neither inoperative nor ineffective by operation of law, nor has it been terminated by operation of law;
g) The Entry is of a type of debit Entry specified in the Application and the Operating Guide;
h) CUSTOMER has complied with the Rules, applicable Laws, and applicable ODFI and Agency requirements pertaining to the Entry;
i) CUSTOMER shall be bound by and comply with the Rules as in effect from time to time, including, without limitation, the provision making payment of an Entry by the RDFI of final settlement for such Entry; and CUSTOMER specifically acknowledges that it has received notice of the Rule regarding provisional payment and of the fact that, if such settlement is not received, the RDFI shall be entitled to a refund from the Receiver of the amount credited and CUSTOMER shall not be deemed to have paid the Receiver the amount of the Entry;
j) CUSTOMER will comply with all provisions of the Rules, Laws, and all ODFI and Agency requirements applicable to the services provided to CUSTOMER under this Agreement; and
k) CUSTOMER acknowledges and agrees that all Entries originated as part of a service shall comply with all Regulations, including but not limited to, any economic sanctions administered by OFAC and shall not act on behalf of, or transmit funds to or from, any party subject to such sanctions.
Appears in 1 contract
Sources: Ach Origination Agreement