Common use of Insufficient Funds and Overdrafts Clause in Contracts

Insufficient Funds and Overdrafts. When you initiate a withdrawal, fund transfer or other payment transaction from or through use of the Account or one is initiated against the Account, you must have an Available Balance in the Account that is sufficient to cover, at the time, in the amount and in the manner required under the Agreement, the Account Rules and/or any other agreements we may have with you, the withdrawal, fund transfer or other payment transaction you are initiating from or through use of the Account or that is being initiated against the Account. Please note that your Available Balance may be reduced by several factors as provided in the definition of “Available Balance” herein, including by debit card transaction holds. If under the Agreement or the Account Rules, the Available Balance is not sufficient or we otherwise deem in good faith that it is not sufficient, we will not be required to honour or pay, and we may return or reject, the withdrawal, fund transfer or other payment transaction. We may also assess against you and charge against the Account a insufficient funds (“NSF”) fee for each Item returned or rejected, including for multiple returns or rejections of the same Item. If funds in the Account are not sufficient to cover our NSF fees, you agree to pay us, on demand, the amount of such fees. If we pay a withdrawal, fund transfer or other payment transaction when you do not have a sufficient Available Balance, thereby creating or increasing an overdraft in your Account, we may also charge against the Account an NSF fee for each Item so paid. You agree to pay us, on demand, the amount of the overdraft and all fees associated therewith. Whether we pay a withdrawal, fund transfer or other payment transaction in such circumstances is solely within our discretion, and we reserve the right not to do so. We typically do not pay Items into overdraft if your Account is not in good standing, you are not making regular deposits, or you have had excessive overdrafts, but we may also refuse to pay any Item into overdraft for any other reason or for no particular reason. We may impose NSF fees in connection with the return or rejection of any type of Item, and in connection with our decision to pay any type of Item into overdraft status, including cheques, ATM withdrawals or withdrawals by other electronic means. Among our other rights, either before or after we make a demand upon you for payment of any overdraft amount or NSF fees, we may deduct all or any part of the amount of the overdraft and associated fees from the Account or any other accounts you (including any joint Account holder) may have with us or any of our Affiliates. If we deduct all or any part of the amount of the overdraft and associated fees from the Account or your other accounts (including those of any joint Account holder), we will not be liable to you or any other person for dishonouring transactions, including cheques and other Items, because of insufficient funds resulting from the deduction of such overdraft amount and associated fees. The fact that we may pay withdrawals, fund transfers or other payment requests that overdraw the Account on one or more occasions does not obligate us to do so on any future occasion and does not prevent us from recovering from you the amount of the overdraft and associated fees. Our NSF fees and other fees and charges are set out in our Schedule of Fees.

Appears in 2 contracts

Sources: Client Deposit & Services Agreement, Client Deposit & Services Agreement

Insufficient Funds and Overdrafts. When Your Account Balances - Your checking account has two balances that determine whether you initiate will be assessed an overdraft or a withdrawalnon-sufficient funds fee: the “Daily Collected Balance” and the “Available balance.” It is important to understand how the two balances are calculated and how they are used to know when you may be charged Insufficient Funds Charges. Your Daily Collected Balance is all of your deposits, fund transfer or other payment transaction from or through use of less transactions paid, and less transactions that you have preauthorized and for which a merchant has requested a hold (typically these are transactions made with your debit card over the Account or one is initiated against the Account, you must have an MasterCard network – without entering your “PIN.”). Your Available Balance in the Account that is sufficient to coverall of your deposits, at the timeless any holds on deposits per our Funds Availability Policy, in the amount less transactions paid, and in the manner required under the Agreement, the Account Rules and/or any other agreements we may have with you, the withdrawal, fund transfer or other payment transaction you are initiating from or through use of the Account or that is being initiated against the Accountless preauthorized holds. Please note that A temporary debit authorization hold affects your Available Balance - On debit card purchases, merchants may request a temporary hold on your account for a specified sum of money, which may be reduced by several factors as provided in more or less than the definition actual amount of “Available Balance” hereinyour purchase. When this happens, including by debit card transaction holdsour processing system cannot determine that the amount of the hold exceeds or is less than the actual amount of your purchase. If under the Agreement or the Account Rules, the Available Balance is not sufficient or we otherwise deem in good faith that it is not sufficient, we will not be required to honour or payThis temporary hold, and we the amount charged to your account, will eventually be adjusted to the actual amount of your purchase, but it may return or reject, be up to three days before the withdrawal, fund transfer or other payment transactionadjustment is made. We may also assess against you and charge against Until the Account a insufficient funds (“NSF”) fee for each Item returned or rejected, including for multiple returns or rejections of the same Item. If funds in the Account are not sufficient to cover our NSF fees, you agree to pay us, on demandadjustment is made, the amount of such fees. If we pay a withdrawal, fund transfer or other payment transaction when you do not have a sufficient Available Balance, thereby creating or increasing an overdraft funds in your Account, we may also charge against the Account an NSF fee Available Balance for each Item so paid. You agree to pay us, on demand, other transactions will be reduced by the amount of the overdraft temporary hold. If another transaction (other than one made with your debit card) is presented for payment in an amount greater than the funds left after the deduction of the temporary hold amount your available balance, that transaction may be declined or returned pursuant to the descriptions below. For everyday (non-recurring) debit card and all fees associated therewithATM transactions, you must opt-in to have us cover your overdrafts. Whether we pay a withdrawal, fund transfer or other payment transaction in such circumstances is solely within our discretionIf you do not opt-in, and we reserve the right not a merchant asks us to do so. We typically do not pay Items into overdraft if authorize a transaction that exceeds your Account is not in good standing, you are not making regular deposits, or you have had excessive overdrafts, but we may also refuse to pay any Item into overdraft for any other reason or for no particular reason. We may impose NSF fees in connection with the return or rejection of any type of Item, and in connection with our decision to pay any type of Item into overdraft status, including cheques, ATM withdrawals or withdrawals by other electronic means. Among our other rights, either before or after we make a demand upon you for payment of any overdraft amount or NSF fees, we may deduct all or any part of the amount of the overdraft and associated fees from the Account or any other accounts you (including any joint Account holder) may have with us or any of our Affiliates. If we deduct all or any part of the amount of the overdraft and associated fees from the Account or your other accounts (including those of any joint Account holder)Available Balance, we will not be liable decline the transaction without assessing any fee. Other overdraft sources. In addition to you or any the below overdraft program, the Bank offers customers a line of credit (if eligible) and a “draw account service,” which links your other person for dishonouring transactions, including cheques and other Items, because of insufficient funds resulting from the deduction of such overdraft amount and associated feeseligible accounts to your checking account to avoid overdrafts. The fact that we may pay withdrawalscost for the line of credit is the applicable interest rate. And the cost of a transfer from another eligible account is $10.00 per transfer, fund transfers regardless of if the transfer is enough to otherwise prevent an Insufficient Funds Charge. For additional terms and conditions, please see the Cash Reserve Agreement or other payment requests that overdraw the line of credit and please see the “Checking Account on one or more occasions does not obligate us to do so on any future occasion and does not prevent us from recovering from you Disclosure” for additional terms for the amount of the overdraft and associated fees. Our NSF fees and other fees and charges are set out in our Schedule of Feesdraw account service.

Appears in 2 contracts

Sources: Deposit Account Agreement, Deposit Account Agreement

Insufficient Funds and Overdrafts. When you initiate a withdrawalWe determine whether there are Sufficient Available Funds to pay for an Item using your Account’s Ledger Balance, fund transfer or other payment transaction from or through use minus any holds placed on your Account pursuant to the terms of the Account or one is initiated against the Account, you must have an Available Balance in the Account that is sufficient to cover, at the time, in the amount and in the manner required under the this Agreement, including, but not limited to, Section 7.Z for suspected fraud or to comply with legal requirements and Section 8 for extended holds; or the Account Rules and/or BMO Digital Banking Agreement for deposits made using Mobile Deposit. This balance may not be the same as any other agreements balance described in this Agreement, and an Item may result in an Overdraft or be returned unpaid regardless of your Account’s Ledger Balance or any other balance. We have no obligation to pay any Item unless you have Sufficient Available Funds in your Account when the Item is presented for payment. We will determine if you have Sufficient Available Funds to pay an Item when we may process the Item presented for payment. We will determine whether you have with you, Sufficient Available Funds to pay an Item only once each time the withdrawal, fund transfer or other payment transaction you are initiating from or through use of the Account or that Item is being initiated against the Account. Please note that your Available Balance may be reduced by several factors as provided in the definition of “Available Balance” herein, including by debit card transaction holdspresented to us. If under the Agreement or the Account Rules, the Available Balance is not sufficient or we otherwise deem in good faith that it is not sufficient, we will not be required to honour or pay, and we may return or reject, the withdrawal, fund transfer or other payment transaction. We may also assess against you and charge against the Account a insufficient funds (“NSF”) fee for each Item returned or rejected, including for multiple returns or rejections of the same Item. If funds in the Account are not sufficient to cover our NSF fees, you agree to pay us, on demand, the amount of such fees. If we pay a withdrawal, fund transfer or other payment transaction when you do not have a sufficient Sufficient Available Balance, thereby creating or increasing an overdraft Funds in your AccountAccount to pay an Item, we may also charge against the Account an NSF fee for each Item so paid. You agree will determine, in our sole discretion, whether to pay usthe Item and create an Overdraft or return the Item unpaid. An Item returned unpaid may be re-presented for payment multiple times. We will determine, on demandin our sole discretion, whether to pay or return the Item each time it is presented or re-presented to us for payment. We may determine if you have Sufficient Available Funds to authorize transactions, including but not limited to Card transactions, at the time of the authorization at the request of a merchant at POS or prior to receiving the Item for payment. Even if you had Sufficient Available Funds when the transaction was authorized, this authorization does not mean you will have Sufficient Available Funds to pay that Item when it is presented for payment, which may be several days later. If you do not have Sufficient Available Funds in your Account to pay an Item, but we choose to pay it and create an Overdraft, you agree that we are permitted to charge you an Overdraft Fee, as allowed by Applicable Law and as set forth in the Deposit Account Disclosure or the BMO ▇▇▇▇▇▇ Bank Business Service Fee Schedule. We will not charge you an Overdraft Fee if: • The amount of the overdraft and all fees associated therewith. Whether we pay a withdrawal, fund transfer Item is less than or other payment transaction in such circumstances is solely within our discretion, and we reserve the right not equal to do so. We typically do not pay Items into overdraft if your $5; • Your Account is not in good standing, you are not making regular deposits, overdrawn by $50 or you have had excessive overdrafts, but we may also refuse to pay any Item into overdraft for any other reason or for no particular reason. We may impose NSF fees in connection with less at the return or rejection of any type of Item, and in connection with our decision to pay any type of Item into overdraft status, including cheques, ATM withdrawals or withdrawals by other electronic means. Among our other rights, either before or after we make a demand upon you for payment of any overdraft amount or NSF fees, we may deduct all or any part close of the amount Business Day the Item is presented for payment; • Your Account is overdrawn by $50 or less at the close of the overdraft and associated fees from first Business Day after the Account or any other accounts you (including any joint Account holder) Item is presented for payment. Deposits may have with us or any of our Affiliates. If we deduct all or any part of the amount of the overdraft and associated fees from the Account or your other accounts (including those of any joint Account holder), we will not be liable to you or any other person available immediately. Please see our Funds Availability Policy for dishonouring transactions, including cheques and other Items, because of insufficient funds resulting from the deduction of such overdraft amount and associated fees. The fact that we may pay withdrawals, fund transfers or other payment requests that overdraw the Account on one or Deposit Accounts in Section 8 below for more occasions does not obligate us to do so on any future occasion and does not prevent us from recovering from you the amount of the overdraft and associated fees. Our NSF fees and other fees and charges are set out in our Schedule of Fees.information;

Appears in 1 contract

Sources: Deposit Account Agreement

Insufficient Funds and Overdrafts. When you initiate If a check, in-person withdrawal, fund transfer or transaction made by other electronic means, including without limitation any debit card transaction, or ACH debit, whether initiated by you or a third-party, hereafter referred to as an item, is drawn on this account and there are not sufficient funds in the account (your Available Balance) to pay the item, we may pay or refuse to pay the item and charge the Insufficient Funds fee. If we pay a debit Point of Sale transaction which overdraws the account, we may charge the Overdraft fee – POS and deduct the overdraft from the next deposit or use any other collection remedy. If we pay an item which is presented against uncollected funds, we may charge the Uncollected Funds fee. More than one Insufficient Funds, Overdraft - POS, and/or Uncollected Funds fee (collectively, “Fee” or “Fees”) may be charged against your account for each presentment of an item, without regard to whether the returned item was a re-presentment of a previously rejected request. Merchants, payees, or other third-parties may present an item multiple times for payment transaction from if the initial or through use of the Account subsequent presentment(s) are rejected due to insufficient funds or one is initiated against the Accountother reason, you must have which could result in multiple Fees being charged for an Available Balance in the Account item. You agree that is sufficient to cover, at the time, in the amount and in the manner required under the Agreement, the Account Rules and/or any other agreements we may have with you, the withdrawal, fund transfer charge you a Fee each time an item is presented or other payment transaction you are initiating from or through use of the Account or that is being initiated against the Account. Please note that re-presented if your Available Balance may be reduced by several factors as provided in the definition of “Available Balance” herein, including by debit card transaction holds. If under the Agreement or the Account Rules, the Available Balance is not sufficient to cover the item, regardless of the number of times the item is presented, or we otherwise deem in good faith that it is not sufficient, we will re-presented. Transactions may not be required to honour or pay, and we may return or reject, the withdrawal, fund transfer or other payment transaction. We may also assess against you and charge against the Account a insufficient funds (“NSF”) fee for each Item returned or rejected, including for multiple returns or rejections of the same Item. If funds processed in the Account order in which they occurred. The order in which transactions are not sufficient to cover our NSF fees, you agree to pay us, on demand, received and processed by the bank can affect the amount of such feesfees you may incur. Fees may be imposed on both paper and electronic transfers. We do not in any way obligate ourselves to pay any item which would overdraw this account, regardless of the frequency with which we may do so as a matter of practice. You authorize us to obtain a credit bureau report on any accountholder in the event that it becomes necessary to collect overdrafts on your account. If we pay a withdrawal, fund transfer or other payment transaction when you do not have a sufficient Available Balance, thereby creating or increasing enlist the services of an overdraft in your Accountattorney for collection purposes, we may also charge against the Account an NSF fee for each Item so paid. You agree to pay us, on demand, the amount of the overdraft and all fees associated therewith. Whether we pay a withdrawal, fund transfer or other payment transaction in such circumstances is solely within our discretion, and we reserve have the right not to do socollect reasonable attorney's fees and court costs from you. As soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on listed on the statement. We typically do not pay Items into overdraft if your Account is not in good standing, must hear from you are not making regular deposits, or you have had excessive overdrafts, but we may also refuse to pay any Item into overdraft for any other reason or for no particular reason. We may impose NSF fees in connection with the return or rejection of any type of Item, and in connection with our decision to pay any type of Item into overdraft status, including cheques, ATM withdrawals or withdrawals by other electronic means. Among our other rights, either before or later than 60 days after we make a demand upon you for payment of any overdraft amount sent the FIRST statement on which the problem or NSF fees, we may deduct all or any part of the amount of the overdraft and associated fees from the Account or any other accounts you (including any joint Account holder) may have with us or any of our Affiliates. If we deduct all or any part of the amount of the overdraft and associated fees from the Account or your other accounts (including those of any joint Account holder), we will not be liable to you or any other person for dishonouring transactions, including cheques and other Items, because of insufficient funds resulting from the deduction of such overdraft amount and associated fees. The fact that we may pay withdrawals, fund transfers or other payment requests that overdraw the Account on one or more occasions does not obligate us to do so on any future occasion and does not prevent us from recovering from you the amount of the overdraft and associated fees. Our NSF fees and other fees and charges are set out in our Schedule of Feeserror appeared.

Appears in 1 contract

Sources: Deposit Account Agreement

Insufficient Funds and Overdrafts. When It is your responsibility to know if there are sufficient funds in your account before you write a check, make a cash withdrawal at an ATM, make a purchase with your debit card, or issue, initiate a withdrawal, fund transfer or other payment transaction from or through use of the Account or one is initiated against the Account, you must have an Available Balance in the Account that is sufficient to cover, at the time, in the amount and in the manner required under the Agreement, the Account Rules and/or authorize any other agreements item for payment from your account. It is important that you carefully monitor the funds in your account, and promptly record in your account register all of your deposits to, and items that you issue, initiate or authorize for payment from, your account. You should never assume that you can make a covering deposit to your account before an item will be presented to us for payment because items are often presented to us for payment very quickly, and because funds from your covering deposit may not be immediately available for withdrawal. You can avoid insufficient funds and overdraft charges by making sure that your account always contains sufficient funds to cover all of your withdrawals and payment transactions. If you do not use an Overdraft Protection Service, then the actions that we may have are authorized to take in connection with youan item presented to us for payment from your account and that would create an overdraft in your account if paid will depend upon the type of item, the withdrawal, fund transfer or other payment transaction and those actions are as follows: If you are initiating from or through use not covered by one of the Account or our Overdraft Protection Services described below, and you prefer that is being initiated against the Account. Please note that we authorize your Available Balance may be reduced by several factors as provided in the definition of Available Balanceone- timeherein, including by (“everyday”) debit card transaction holds. If under the Agreement or the Account Rules, the Available Balance transactions for payment when your available balance is not sufficient or we otherwise deem in good faith that it is not sufficient, we will not be required to honour or pay, and we may return or reject, the withdrawal, fund transfer or other payment transaction. We may also assess against you and charge against the Account a insufficient funds (“NSF”) fee for each Item returned or rejected, including for multiple returns or rejections of the same Item. If funds in the Account are not sufficient to cover them, then you should consider our NSF feesDebit Card Overdraft Authorization and Enrollment. 1. Debit Card Overdraft Authorization and Enrollment. With our Debit Card Overdraft Authorization and Enrollment: • If a “one-time” (“everyday”) debit card transaction overdraws your account, then the applicable overdraft charge described in our Schedule of Service Fees and Charges will be assessed and debited from your account. You must immediately pay the overdraft and the related overdraft charge, and return your account to a positive balance. • There is no service fee to add our Debit Card Overdraft Authorization and Enrollment to your account, and there is no charge unless your debit card transaction overdraws your account. • There is no overdraft charge if your account were overdrawn during the day and you agree were to pay us, deposit or transfer sufficient available funds to your account to return it to a positive balance before the posted cut-off time on demand, the amount of such feesthat business day. If • Whether we will pay a withdrawal, fund transfer or other payment “one-time” (“everyday”) debit card transaction when you do not have a sufficient Available Balance, thereby creating or increasing that would create an overdraft in your Account, we may also charge against the Account an NSF fee for each Item so paid. You agree to pay us, account is completely discretionary on demand, the amount of the overdraft and all fees associated therewith. Whether we pay a withdrawal, fund transfer or other payment transaction in such circumstances is solely within our discretionpart, and we reserve the right not to do so. We typically do not pay Items into such item regardless of your enrollment in our Debit Card Overdraft Authorization and Enrollment. For example, we likely would not pay an overdraft if your Account is account were not in good standing, you are not making regular deposits, or if you have had incurred excessive overdrafts. • Our Debit Card Overdraft Authorization and Enrollment does not apply to checks and other items for payment from your account, but we may also refuse to pay any Item into overdraft including transactions that you have established for any other reason recurring payment (such as utility bills or for no particular reasonclub memberships). We may impose NSF fees in connection with the return or rejection of any type of Item, and in connection with our decision continue to pay any type of Item into overdraft status, including cheques, ATM withdrawals or withdrawals by other electronic means. Among those items at our other rights, either before or after we make a demand upon discretion and create overdrafts in your account even if you for payment of any overdraft amount or NSF fees, we may deduct all or any part of the amount of the overdraft and associated fees from the Account or any other accounts you (including any joint Account holder) may have with us or any of our Affiliates. If we deduct all or any part of the amount of the overdraft and associated fees from the Account or your other accounts (including those of any joint Account holder), we will do not be liable to you or any other person for dishonouring transactions, including cheques and other Items, because of insufficient funds resulting from the deduction of such overdraft amount and associated fees. The fact that we may pay withdrawals, fund transfers or other payment requests that overdraw the Account on one or more occasions does not obligate us to do so on any future occasion and does not prevent us from recovering from you the amount of the overdraft and associated fees. Our NSF fees and other fees and charges are set out enroll in our Schedule of FeesDebit Card Overdraft Authorization and Enrollment.

Appears in 1 contract

Sources: Account Agreement

Insufficient Funds and Overdrafts. When you initiate If a check, in-person withdrawal, fund transfer or transaction made by other payment transaction from or through use of the Account or one is initiated against the Account, you must have an Available Balance in the Account that is sufficient to cover, at the time, in the amount and in the manner required under the Agreement, the Account Rules and/or any other agreements we may have with you, the withdrawal, fund transfer or other payment transaction you are initiating from or through use of the Account or that is being initiated against the Account. Please note that your Available Balance may be reduced by several factors as provided in the definition of “Available Balance” hereinelectronic means, including by without limitation any debit card transaction holds. If under the Agreement transaction, or the Account RulesACH debit, the Available Balance whether initiated by you or a third-party, hereafter referred to as an item, is drawn on this account and there are not sufficient or we otherwise deem in good faith that it is not sufficient, we will not be required to honour or pay, and we may return or reject, the withdrawal, fund transfer or other payment transaction. We may also assess against you and charge against the Account a insufficient funds (“NSF”) fee for each Item returned or rejected, including for multiple returns or rejections of the same Item. If funds in the Account are not sufficient to cover our NSF fees, you agree account (your Available Balance) to pay usthe item, on demand, we may pay or refuse to pay the amount of such feesitem. If we pay the item, either because you have entered into an overdraft practice or protection plan with us or because you requested the item be paid, an Insufficient Funds, Overdraft – POS, and/or Uncollected Funds fee (collectively, “Fee” or “Fees”) may be charged against your account for the paid item. If your Checking Account has a withdrawalChexMate Overdraft Protection Line of Credit associated with it, fund transfer the terms and conditions contained in your ChexMate Overdraft Protection Line of Credit Agreement will control with respect to overdrafts of your Checking Account regardless of whether they result from purchases, cash withdrawals, use of checks or use of any other payment transaction when you card or device. Transactions are posted in the order received. Generally: Credits are posted first, followed by ▇▇▇▇▇▇; credits are posted by amount in descending order, and debits are posted by amount in ascending order. The assessment of fees is based on the posting order. We do not have in any way obligate ourselves to pay any item which would overdraw this account, regardless of the frequency with which we may do so as a sufficient Available Balance, thereby creating or increasing matter of practice. You authorize us to obtain a credit bureau report on any accountholder in the event that it becomes necessary to collect overdrafts on your account. If we enlist the services of an overdraft in your Accountattorney for collection purposes, we may also charge against have the Account an NSF fee for each Item so paidright to collect reasonable attorney's fees and court costs from you. In Case of Errors or Questions About Your Statements - To minimize our mutual risk of loss, you must carefully examine your statement and report to us as soon as possible any problem, including but not limited to errors, forgeries, unauthorized withdrawals or alterations, and any Insufficient Funds, Overdraft - POS, and/or Uncollected Funds fees that you believe were improperly assessed. You agree that 60 days after the statement is first made available to pay us, on demand, you is the maximum reasonable amount of time for you to review your statement and report any problem related to a matter shown on the overdraft and all fees associated therewithstatement. Whether we pay a withdrawal, fund transfer or other payment transaction in If no report is made to us within such circumstances is solely within our discretion, and we reserve the right not to do so. We typically do not pay Items into overdraft if your Account is not in good standingtime, you are not making regular deposits, or you have had excessive overdrafts, but we may also refuse waive your right to pay any Item into overdraft for any other reason or for no particular reason. We may impose NSF fees in connection with contest the return or rejection of any type of Item, and in connection with our decision to pay any type of Item into overdraft status, including cheques, ATM withdrawals or withdrawals by other electronic means. Among our other rights, either before or after we make a demand upon you for payment of any overdraft amount or NSF feesitems so disclosed, we may deduct all or any part of and you accept the amount of the overdraft and associated fees from the Account or any other accounts you (including any joint Account holder) may have with us or any of our Affiliates. If we deduct all or any part of the amount of the overdraft and associated fees from the Account or your other accounts (including those of any joint Account holder), we will not be liable to you or any other person for dishonouring transactions, including cheques and other Items, because of insufficient funds resulting from the deduction of such overdraft amount and associated fees. The fact that we may pay withdrawals, fund transfers or other payment requests that overdraw the Account on one or more occasions does not obligate us to do so on any future occasion and does not prevent us from recovering from you the amount of the overdraft and associated fees. Our NSF fees and other fees and charges are set out in our Schedule assessed and the account balance reported as correct. Failure to notify us of Feesa problem within 60 days after your statement is first made available to you shall preclude you from recovering any amounts against us. Call us at (▇▇▇) ▇▇▇-▇▇▇▇, (▇▇▇) ▇▇▇-▇▇▇▇, or write to us at the address provided below as soon as you can. IF YOU TELL US ORALLY, WE MAY REQUIRE THAT YOU SEND US YOUR COMPLAINT OR QUESTION IN WRITING TO THE ADDRESS PROVIDED BELOW, TO BE RECEIVED BY US WITHIN 10 BUSINESS DAYS. For additional Information on electronic funds transfer error resolution, see the Bank’s Electronic Funds Transfer Disclosure Statement. Disclosure of Account Information – The Bank’s use of account information is governed by the Bank’s Privacy Policy, which can be found on ▇▇▇.▇▇▇▇▇▇.▇▇▇.

Appears in 1 contract

Sources: Deposit Account Agreement

Insufficient Funds and Overdrafts. When you initiate a withdrawalWe determine whether there are Sufficient Available Funds to pay for an Item using your Account’s Ledger Balance, fund transfer or other payment transaction from or through use minus any holds placed on your Account pursuant to the terms of the Account or one is initiated against the Account, you must have an Available Balance in the Account that is sufficient to cover, at the time, in the amount and in the manner required under the this Agreement, including, but not limited to, Section 7.Z for suspected fraud or to comply with legal requirements and Section 8 for extended holds; or the Account Rules and/or BMO Digital Banking Agreement for deposits made using Mobile Deposit. This balance may not be the same as any other agreements balance described in this Agreement, and an Item may result in an Overdraft or be returned unpaid regardless of your Account’s Ledger Balance or any other balance. We have no obligation to pay any Item unless you have Sufficient Available Funds in your Account when the Item is presented for payment. We will determine if you have Sufficient Available Funds to pay an Item when we may process the Item presented for payment. We will determine whether you have with you, Sufficient Available Funds to pay an Item only once each time the withdrawal, fund transfer or other payment transaction you are initiating from or through use of the Account or that Item is being initiated against the Account. Please note that your Available Balance may be reduced by several factors as provided in the definition of “Available Balance” herein, including by debit card transaction holdspresented to us. If under the Agreement or the Account Rules, the Available Balance is not sufficient or we otherwise deem in good faith that it is not sufficient, we will not be required to honour or pay, and we may return or reject, the withdrawal, fund transfer or other payment transaction. We may also assess against you and charge against the Account a insufficient funds (“NSF”) fee for each Item returned or rejected, including for multiple returns or rejections of the same Item. If funds in the Account are not sufficient to cover our NSF fees, you agree to pay us, on demand, the amount of such fees. If we pay a withdrawal, fund transfer or other payment transaction when you do not have a sufficient Sufficient Available Balance, thereby creating or increasing an overdraft Funds in your AccountAccount to pay an Item, we may also charge against the Account an NSF fee for each Item so paid. You agree will determine, in our sole discretion, whether to pay usthe Item and create an Overdraft or return the Item unpaid. An Item returned unpaid may be re-presented for payment multiple times. We will determine, on demandin our sole discretion, whether to pay or return the Item each time it is presented or re-presented to us for payment. We may determine if you have Sufficient Available Funds to authorize transactions, including but not limited to Card transactions, at the time of the authorization at the request of a merchant at POS or prior to receiving the Item for payment. Even if you had Sufficient Available Funds when the transaction was authorized, this authorization does not mean you will have Sufficient Available Funds to pay that Item when it is presented for payment, which may be several days later. If you do not have Sufficient Available Funds in your Account to pay an Item, but we choose to pay it and create an Overdraft, you agree that we are permitted to charge you an Overdraft Fee, as allowed by Applicable Law and as set forth in the Deposit Account Disclosure or the BMO Business Service Fee Schedule. We will not charge you an Overdraft Fee if: • The amount of the overdraft and all fees associated therewith. Whether we pay a withdrawal, fund transfer Item is less than or other payment transaction in such circumstances is solely within our discretion, and we reserve the right not equal to do so. We typically do not pay Items into overdraft if your $5; • Your Account is not in good standing, you are not making regular deposits, overdrawn by $50 or you have had excessive overdrafts, but we may also refuse to pay any Item into overdraft for any other reason or for no particular reason. We may impose NSF fees in connection with less at the return or rejection of any type of Item, and in connection with our decision to pay any type of Item into overdraft status, including cheques, ATM withdrawals or withdrawals by other electronic means. Among our other rights, either before or after we make a demand upon you for payment of any overdraft amount or NSF fees, we may deduct all or any part close of the amount Business Day the Item is presented for payment; • Your Account is overdrawn by $50 or less at the close of the overdraft and associated fees from first Business Day after the Account or any other accounts you (including any joint Account holder) Item is presented for payment. Deposits may have with us or any of our Affiliates. If we deduct all or any part of the amount of the overdraft and associated fees from the Account or your other accounts (including those of any joint Account holder), we will not be liable to you or any other person available immediately. Please see our Funds Availability Policy for dishonouring transactions, including cheques and other Items, because of insufficient funds resulting from the deduction of such overdraft amount and associated fees. The fact that we may pay withdrawals, fund transfers or other payment requests that overdraw the Account on one or Deposit Accounts in Section 8 below for more occasions does not obligate us to do so on any future occasion and does not prevent us from recovering from you the amount of the overdraft and associated fees. Our NSF fees and other fees and charges are set out in our Schedule of Fees.information;

Appears in 1 contract

Sources: Deposit Account Agreement

Insufficient Funds and Overdrafts. When you initiate a withdrawalThe Bank has no obligation to pay any item that is presented for payment against insufficient available funds. The Bank may determine whether or not your account contains sufficient available funds to pay an item at any time between the time the item is presented and the Bank's return deadline, fund transfer or other payment transaction from or through use and only one determination of the Account account balance is required. If that determination reveals insufficient available funds to pay the item, the Bank is not required to pay the item and may return it unpaid. Alternatively, the Bank may pay the item and create an overdraft in your account. Whether or one not the Bank decides to pay the item and create an overdraft is initiated against the Account, you must have an Available Balance in the Account that is sufficient sole discretion of the Bank and will depend on various factors, including your history with the Bank. Moreover, the honoring of one or more items drawn against insufficient available funds does not obligate the Bank to coverhonor any other such items, at the time, either in the amount future or during the same day's processing, and in you should not rely on the manner required under Bank to honor any particular items drawn against insufficient available funds. If you would prefer that PIN based point of sale transactions always be denied if they will overdraw your current available account balance, please contact the AgreementBank at any branch location, via mail at ▇▇▇▇▇▇ Bank, P.O. Box 505, Attica, OH 44807, via e-mail at ▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by calling ▇-▇▇▇-▇▇▇-▇▇▇▇. In all cases, the Account Rules and/or any other agreements we may have with youBank is not required to give you prior notice that an item will be returned for insufficient available funds. An insufficient balance or overdraft in your account and each item presented for payment against insufficient available funds in your account (whether paid, the withdrawaldenied, fund transfer or other payment transaction you returned) are initiating from or through use of the Account or that is being initiated against the Account. Please note that your Available Balance may be reduced by several factors each subject to an Overdraft Penalty as provided in the definition of “Available Balance” hereinBank's then- current Account Information Schedule. You agree that if your account becomes overdrawn for any reason, including by debit card transaction holds. If under you must immediately deposit sufficient funds to cover the Agreement or the Account Rules, the Available Balance is not sufficient or we otherwise deem in good faith that it is not sufficient, we will not be required to honour or pay, overdraft and we may return or reject, the withdrawal, fund transfer or other payment transaction. We may also assess against you and charge against the Account a insufficient funds (“NSF”) fee for each Item returned or rejected, including for multiple returns or rejections any penalties assessed upon notice of the same Itemoverdraft. If funds in the Account are not sufficient to cover our NSF feesMoreover, you agree to pay usreimburse the Bank for any costs it incurs in collecting the overdraft from you including, on demandbut not limited to, reasonable attorney's fees, and the amount costs of such fees. If we pay a withdrawallitigation, fund transfer arbitration or other payment transaction when you do not have a sufficient Available Balancedispute resolution, thereby creating or increasing an overdraft in your Account, we may also charge against to the Account an NSF fee for each Item so paid. You agree to pay us, on demand, the amount of the overdraft and all fees associated therewith. Whether we pay a withdrawal, fund transfer or other payment transaction in such circumstances is solely within our discretion, and we reserve the right not to do so. We typically do not pay Items into overdraft if your Account is not in good standing, you are not making regular deposits, or you have had excessive overdrafts, but we may also refuse to pay any Item into overdraft for any other reason or for no particular reason. We may impose NSF fees in connection with the return or rejection of any type of Item, and in connection with our decision to pay any type of Item into overdraft status, including cheques, ATM withdrawals or withdrawals extent permitted by other electronic means. Among our other rights, either before or after we make a demand upon you for payment of any overdraft amount or NSF fees, we may deduct all or any part of the amount of the overdraft and associated fees from the Account or any other accounts you (including any joint Account holder) may have with us or any of our Affiliates. If we deduct all or any part of the amount of the overdraft and associated fees from the Account or your other accounts (including those of any joint Account holder), we will not be liable to you or any other person for dishonouring transactions, including cheques and other Items, because of insufficient funds resulting from the deduction of such overdraft amount and associated fees. The fact that we may pay withdrawals, fund transfers or other payment requests that overdraw the Account on one or more occasions does not obligate us to do so on any future occasion and does not prevent us from recovering from you the amount of the overdraft and associated fees. Our NSF fees and other fees and charges are set out in our Schedule of Feeslaw.

Appears in 1 contract

Sources: Deposit Account Agreement

Insufficient Funds and Overdrafts. When Mission Fed has no obligation to pay any item unless you initiate a withdrawal, fund transfer or other payment transaction from or through use of the Account or one have sufficient available funds in your account when an item is initiated against the Account, you must have an Available Balance in the Account that is sufficient to cover, at the time, in the amount and in the manner required under the Agreement, the Account Rules and/or any other agreements we may have with you, the withdrawal, fund transfer or other payment transaction you are initiating from or through use of the Account or that is being initiated against the Account. Please note that your Available Balance may be reduced by several factors as provided in the definition of “Available Balance” herein, including by debit card transaction holdspresented for payment. If under the Agreement or the Account Rules, the Available Balance is not sufficient or we otherwise deem in good faith that it is not sufficient, we will not be required to honour or pay, and we may return or reject, the withdrawal, fund transfer or other payment transaction. We may also assess against you and charge against the Account a insufficient funds (“NSF”) fee for each Item returned or rejected, including for multiple returns or rejections of the same Item. If funds in the Account are not sufficient to cover our NSF fees, you agree to pay us, on demand, the amount of such fees. If we pay a withdrawal, fund transfer or other payment transaction when you do not have a sufficient Available Balance, thereby creating or increasing an overdraft available balance in your Account, we may also charge against the Account an NSF fee for each Item so paid. You agree account to pay usthe item, on demandbut we choose to pay it and create an Overdraft, you agree that we are permitted to charge you an Overdraft Fee as described in this Checking/Spending Account Disclosure and our Consumer Fee Schedule. We will not charge you an Overdraft Fee if: • Your account is overdrawn by $10 or less when the item is authorized or presented; • Your account has already been charged three (3) Overdraft Fees in a single day (Note: daily maximum is per share account); • You had sufficient available balance in your account when the item was authorized. The best way to know how much money you can spend and to avoid paying fees is to record and track all of your transactions closely. The following is important information regarding your account balances, how transactions are posted to your account balances, and when a fee will be charged. Please read these disclosures carefully and contact us at ▇▇▇.▇▇▇.▇▇▇▇ if you have any questions. Your current balance is the amount of money that is actually in your account at any given time. It reflects transactions that have “posted” to your account, but not transactions that have been authorized but not yet posted. While the overdraft and all fees associated therewith. Whether we pay a withdrawalterm “current” may sound as though the number you see is an up-to-date display of what is in your account that you can spend, fund transfer or other payment transaction in such circumstances is solely within our discretion, and we reserve the right not to do so. We typically do not pay Items into overdraft if your Account that is not always the case. Any purchases, holds, fees, other charges or deposits made on your account that have not yet posted will not appear in good standingyour current balance. For example, if you have a $50 current balance, but you just wrote a check for $40, then your current balance is $50 but it does not reflect the pending check transaction. So, at that point, you are not making regular depositshave $50 in your current account balance, or but you have had excessive overdrafts, but we may also refuse to pay any Item into overdraft for any other reason or for no particular reasonalready spent $40 that has not been posted. We may impose NSF fees in connection with the return or rejection of any type of Item, and in connection with our decision to pay any type of Item into overdraft status, including cheques, ATM withdrawals or withdrawals by other electronic means. Among our other rights, either before or after we make a demand upon you for payment of any overdraft amount or NSF fees, we may deduct all or any part of Your available balance is the amount of the overdraft money in your account that is available to you to use without incurring a fee. The available balance takes into account things like holds placed on deposits and associated fees from the Account or any other accounts pending transactions (such as pending debit card purchases) that Mission Fed has authorized but that have not yet posted to your account. For example, assume you (including any joint Account holder) may have with us or any a current balance of our Affiliates$50 and an available balance of $50. If you were to use your debit card at a restaurant to buy lunch for $20, then that merchant could ask us to authorize the payment. In that case, we deduct all or any part of will put a “hold” on your account for $20. Your current balance would still be $50 because this transaction has not yet posted, but your available balance would be $30 because you have committed to pay the amount of restaurant $20. When the overdraft and associated fees from the Account or your other accounts restaurant submits its bill for payment (including those of any joint Account holderwhich could be a few days later), we will not post the transaction to your account and your current balance will be liable reduced by $20, plus any amount you added to you or any other person for dishonouring transactionsthe bill after the merchant requested the authorization, including cheques and other Items, because of insufficient funds resulting from the deduction of such overdraft amount and associated feesas a tip. Available balance is used to determine when your account is overdrawn. The fact following example illustrates how this works: Again, assume your current and available balances are both $50, and you use your debit card at a restaurant for $20. A hold is placed on your account, so your available balance is only $30. Your current balance is still $50. Before the restaurant charge is sent to us for processing, a check that you wrote for $45 is presented for payment from your account. Because you have only $30 available (you have committed to pay the restaurant $20), your account will be overdrawn by $15, even though your current balance was $50 before the check was presented for payment and is still $5 after the check is presented for payment. In this case, we may pay withdrawalsor return the $45 check, fund transfers or other payment requests that overdraw but you will be charged a fee because your available balance is insufficient to cover the Account on one or more occasions does check. That fee will be deducted from your account, further reducing your balance. Also, when the $20 restaurant charge is presented for payment, you will not obligate us to do so on any future occasion and does not prevent us from recovering from you the amount have enough money in your available balance because of the overdraft and associated feesintervening check. Our NSF fees and other fees and charges are set out in our Schedule of FeesHowever, you will not be charged a fee for that restaurant charge because you had sufficient funds to pay the item at the time it was authorized.

Appears in 1 contract

Sources: Electronic Delivery Agreement

Insufficient Funds and Overdrafts. When It is your responsibility to know if there are sufficient funds in your account before you write a check, make a cash withdrawal at an ATM, make a purchase with your debit card, or issue, initiate a withdrawal, fund transfer or other payment transaction from or through use of the Account or one is initiated against the Account, you must have an Available Balance in the Account that is sufficient to cover, at the time, in the amount and in the manner required under the Agreement, the Account Rules and/or authorize any other agreements item for payment from your account. It is important that you carefully monitor the funds in your account, and promptly record in your account register all of your deposits to, and items that you issue, initiate or authorize for payment from, your account. You should never assume that you can make a covering deposit to your account before an item will be presented to us for payment because items are often presented to us for payment very quickly, and because funds from your covering deposit may not be immediately available for withdrawal. You can avoid insufficient funds and overdraft charges by making sure that your account always contains sufficient funds to cover all of your withdrawals and payment transactions. If you do not use an Overdraft Protection Service, then the actions that we may have are authorized to take in connection with youan item presented to us for payment from your account and that would create an overdraft in your account if paid will depend upon the type of item, the withdrawal, fund transfer or other payment transaction and those actions are as follows: If you are initiating from or through use not covered by one of the Account or our Overdraft Protection Services described below, and you prefer that is being initiated against the Account. Please note that we authorize your Available Balance may be reduced by several factors as provided in the definition of Available Balanceonetimeherein, including by (“everyday”) debit card transaction holds. If under the Agreement or the Account Rules, the Available Balance transactions for payment when your available balance is not sufficient or we otherwise deem in good faith that it is not sufficient, we will not be required to honour or pay, and we may return or reject, the withdrawal, fund transfer or other payment transaction. We may also assess against you and charge against the Account a insufficient funds (“NSF”) fee for each Item returned or rejected, including for multiple returns or rejections of the same Item. If funds in the Account are not sufficient to cover them, then you should consider our NSF feesDebit Card Overdraft Authorization and Enrollment. 1. Debit Card Overdraft Authorization and Enrollment. With our Debit Card Overdraft Authorization and Enrollment: • If a “one-time” (“everyday”) debit card transaction overdraws your account, then the applicable overdraft charge described in our Schedule of Service Fees and Charges will be assessed and debited from your account. You must immediately pay the overdraft and the related overdraft charge, and return your account to a positive balance. • There is no service fee to add our Debit Card Overdraft Authorization and Enrollment to your account, and there is no charge unless your debit card transaction overdraws your account. • There is no overdraft charge if your account were overdrawn during the day and you agree were to pay us, deposit or transfer sufficient available funds to your account to return it to a positive balance before the posted cut-off time on demand, the amount of such feesthat business day. If • Whether we will pay a withdrawal, fund transfer or other payment “one-time” (“everyday”) debit card transaction when you do not have a sufficient Available Balance, thereby creating or increasing that would create an overdraft in your Account, we may also charge against the Account an NSF fee for each Item so paid. You agree to pay us, account is completely discretionary on demand, the amount of the overdraft and all fees associated therewith. Whether we pay a withdrawal, fund transfer or other payment transaction in such circumstances is solely within our discretionpart, and we reserve the right not to do so. We typically do not pay Items into such item regardless of your enrollment in our Debit Card Overdraft Authorization and Enrollment. For example, we likely would not pay an overdraft if your Account is account were not in good standing, you are not making regular deposits, or if you have had incurred excessive overdrafts. • Our Debit Card Overdraft Authorization and Enrollment does not apply to checks and other items for payment from your account, but we may also refuse to pay any Item into overdraft including transactions that you have established for any other reason recurring payment (such as utility bills or for no particular reasonclub memberships). We may impose NSF fees in connection with the return or rejection of any type of Item, and in connection with our decision continue to pay any type of Item into overdraft status, including cheques, ATM withdrawals or withdrawals by other electronic means. Among those items at our other rights, either before or after we make a demand upon discretion and create overdrafts in your account even if you for payment of any overdraft amount or NSF fees, we may deduct all or any part of the amount of the overdraft and associated fees from the Account or any other accounts you (including any joint Account holder) may have with us or any of our Affiliates. If we deduct all or any part of the amount of the overdraft and associated fees from the Account or your other accounts (including those of any joint Account holder), we will do not be liable to you or any other person for dishonouring transactions, including cheques and other Items, because of insufficient funds resulting from the deduction of such overdraft amount and associated fees. The fact that we may pay withdrawals, fund transfers or other payment requests that overdraw the Account on one or more occasions does not obligate us to do so on any future occasion and does not prevent us from recovering from you the amount of the overdraft and associated fees. Our NSF fees and other fees and charges are set out enroll in our Schedule of FeesDebit Card Overdraft Authorization and Enrollment.

Appears in 1 contract

Sources: Account Agreement

Insufficient Funds and Overdrafts. When Your Account Balances - Your checking account has two balances that determine whether you initiate will be assessed an overdraft or a withdrawalnon-sufficient funds fee: the “Daily Collected Balance” and the “Available balance.” It is important to understand how the two balances are calculated and how they are used to know when you may be charged Insufficient Funds Charges. Your Daily Collected Balance is all of your deposits, fund transfer or other payment transaction from or through use of less transactions paid, and less transactions that you have preauthorized and for which a merchant has requested a hold (typically these are transactions made with your debit card over the Account or one is initiated against the Account, you must have an MasterCard network – without entering your “PIN.”). Your Available Balance in the Account that is sufficient to coverall of your deposits, at the timeless any holds on deposits per our Funds Availability Policy, in the amount less transactions paid, and in the manner required under the Agreement, the Account Rules and/or any other agreements we may have with you, the withdrawal, fund transfer or other payment transaction you are initiating from or through use of the Account or that is being initiated against the Accountless preauthorized holds. Please note that A temporary debit authorization hold affects your Available Balance - On debit card purchases, merchants may request a temporary hold on your account for a specified sum of money, which may be reduced by several factors as provided in more or less than the definition actual amount of “Available Balance” hereinyour purchase. When this happens, including by debit card transaction holdsour processing system cannot determine that the amount of the hold exceeds or is less than the actual amount of your purchase. If under the Agreement or the Account Rules, the Available Balance is not sufficient or we otherwise deem in good faith that it is not sufficient, we will not be required to honour or payThis temporary hold, and we the amount charged to your account, will eventually be adjusted to the actual amount of your purchase, but it may return or reject, be up to three days before the withdrawal, fund transfer or other payment transactionadjustment is made. We may also assess against you and charge against Until the Account a insufficient funds (“NSF”) fee for each Item returned or rejected, including for multiple returns or rejections of the same Item. If funds in the Account are not sufficient to cover our NSF fees, you agree to pay us, on demandadjustment is made, the amount of such fees. If we pay a withdrawal, fund transfer or other payment transaction when you do not have a sufficient Available Balance, thereby creating or increasing an overdraft funds in your Account, we may also charge against the Account an NSF fee Available Balance for each Item so paid. You agree to pay us, on demand, other transactions will be reduced by the amount of the overdraft temporary hold. If another transaction (other than one made with your debit card) is presented for payment in an amount greater than the funds left after the deduction of the temporary hold amount your available balance, that transaction may be declined or returned pursuant to the descriptions below. For everyday (non- recurring) debit card and all fees associated therewithATM transactions, you must opt-in to have us cover your overdrafts. Whether we pay a withdrawal, fund transfer or other payment transaction in such circumstances is solely within our discretionIf you do not opt-in, and we reserve the right not a merchant asks us to do so. We typically do not pay Items into overdraft if authorize a transaction that exceeds your Account is not in good standing, you are not making regular deposits, or you have had excessive overdrafts, but we may also refuse to pay any Item into overdraft for any other reason or for no particular reason. We may impose NSF fees in connection with the return or rejection of any type of Item, and in connection with our decision to pay any type of Item into overdraft status, including cheques, ATM withdrawals or withdrawals by other electronic means. Among our other rights, either before or after we make a demand upon you for payment of any overdraft amount or NSF fees, we may deduct all or any part of the amount of the overdraft and associated fees from the Account or any other accounts you (including any joint Account holder) may have with us or any of our Affiliates. If we deduct all or any part of the amount of the overdraft and associated fees from the Account or your other accounts (including those of any joint Account holder)Available Balance, we will not be liable decline the transaction without assessing any fee. Other overdraft sources. In addition to you or any the below overdraft program, the Bank offers customers a line of credit (if eligible) and a “draw account service,” which links your other person for dishonouring transactions, including cheques and other Items, because of insufficient funds resulting from the deduction of such overdraft amount and associated feeseligible accounts to your checking account to avoid overdrafts. The fact that we may pay withdrawalscost for the line of credit is the applicable interest rate. And the cost of a transfer from another eligible account is $10.00 per transfer, fund transfers regardless if the transfer is enough to otherwise prevent an Insufficient Funds Charge. For additional terms and conditions, please see the Cash Reserve Agreement or other payment requests that overdraw the line of credit and please see the “Checking Account on one or more occasions does not obligate us to do so on any future occasion and does not prevent us from recovering from you Disclosure” for additional terms for the amount of the overdraft and associated fees. Our NSF fees and other fees and charges are set out in our Schedule of Feesdraw account service.

Appears in 1 contract

Sources: Deposit Account Agreement