Linking Consumer Accounts and Business Accounts. At our sole discretion and if certain requirements are met, consumer Accounts may be linked to business Accounts on the Online Banking Service. Qualifying consumer DDA, certificate of deposit, loan or credit card Accounts solely owned or jointly owned by an Administrator/Company Contact may be added to a company setup. 2.6.1. By the Customer requesting for us to link business Accounts and consumer Accounts on the Online Banking Service on behalf of the Customer, Customer represents and warrants to us: (1) that he or she is an Administrator/Company Contact of the Customer; (2) that Customer maintains one or more business Accounts with us and has entered into the myTrustmark Agreement with us; (3) that the execution of the Online Banking Enrollment Form by such person constitutes the execution of the Online Banking Enrollment Form on the Customer’s behalf, for the purpose of granting authority for such person and such person’s designee to perform transactions under the myTrustmark Agreement on the consumer Account(s) of the Administrator/Company Contact (“Consumer Account(s)”); (4) that all actions by such person on Customer’s behalf constitute the duly authorized action of the Customer; and (5) that the Consumer Account(s) to which the Customer’s account (“Company Account”) is linked is the personal or joint account of the Administrator/Company Contact (Consumer Account(s) and Company Account(s) collectively referred to within this Section 2.6 as Account(s). For purposes of this Agreement, Administrator is an individual who is authorized by the governing body of the Customer to act on behalf of Customer. Customer represents and warrants to us: (i) that the person requesting us to link Company Accounts and Consumer Accounts on its behalf is an individual who is authorized by its governing body to act on its behalf and is authorized to link the Company Account(s) to the Consumer Account(s), (ii) that no Account it designates for online access pursuant to this Agreement is restricted from such common access by any provisions of Customer’s charter, bylaws or similar governing documents or any applicable laws or any existing resolution, declaration or agreement with us, and (iii) that each of the requested Services has been duly and legally authorized by it. Customer acknowledges that we shall rely on the Security Procedures established by us to determine Customer’s authority to transfer funds or conduct other transactions affecting Consumer Accounts. Customer acknowledges and agrees that it is responsible for determining any limitations on access to its accounts by its officers, employees, or other designated representatives. 2.6.2. Customer represents that each Consumer Account is established primarily for personal, family or household purposes and that the Administrator is the owner of, or the debtor on, each Consumer Account or is a joint owner or joint debtor on, each Consumer Account or is a joint owner or joint debtor with a member of his or her immediate family. Customer agrees to immediately delete a Consumer Account that does not comply with this representation. The Administrator cannot use Customer’s Online Banking Service on a Company Account unless he/she is appointed a User on that Account. 2.6.3. Administrator acknowledges and agrees that a User (as defined in this Agreement) may view private, confidential, non- public personal information about Administrator’s Account. Administrator acknowledges and agrees that a User is authorized to gain access to Account information to the same extent as Administrator. Administrator waives any and all privacy rights (whether arising under state or federal law and/or regulation, common law or case law) impacted by User(s)’s access of and/or use of (i) Account, (ii) Account records, (iii) information on and/or about Account, and/or
Appears in 2 contracts
Sources: Mytrustmark® Agreement, Mytrustmark® Agreement
Linking Consumer Accounts and Business Accounts. At our sole discretion and if certain requirements are met, consumer Accounts may be linked to business Accounts on the Online Banking Service. Qualifying consumer DDA, certificate of deposit, loan or credit card Accounts solely owned or jointly owned by an Administrator/Company Contact may be added to a company setup.
2.6.1. By the Customer requesting for us to link business Accounts and consumer Accounts on the Online Banking Service on behalf of the Customer, Customer represents and warrants to us: (1) that he or she is an Administrator/Company Contact of the Customer; (2) that Customer maintains one or more business Accounts with us and has entered into the myTrustmark Agreement with us; (3) that the execution of the Online Banking Enrollment Form request to link business Accounts and consumer Accounts by such person constitutes the execution of the Online Banking Enrollment Form request on the Customer’s behalf, for the purpose of granting authority for such person and such person’s designee to perform transactions under the myTrustmark Agreement on the consumer Account(s) of the Administrator/Company Contact (“Consumer Account(s)”); (4) that all actions by such person on Customer’s behalf constitute the duly authorized action of the Customer; and (5) that the Consumer Account(s) to which the Customer’s account (“Company Account”) is linked is the personal or joint account of the Administrator/Company Contact (Consumer Account(s) and Company Account(s) collectively referred to within this Section 2.6 as Account(s). For purposes of this Agreement, Administrator is an individual who is authorized by the governing body of the Customer to act on behalf of Customer. Customer represents and warrants to us: (i) that the person requesting us to link Company Accounts and Consumer Accounts on its behalf is an individual who is authorized by its governing body to act on its behalf and is authorized to link the Company Account(s) to the Consumer Account(s), (ii) that no Account it designates for online access pursuant to this Agreement is restricted from such common access by any provisions of Customer’s charter, bylaws or similar governing documents or any applicable laws or any existing resolution, declaration or agreement with us, and (iii) that each of the requested Services has been duly and legally authorized by it. Customer acknowledges that we shall rely on the Security Procedures established by us to determine Customer’s authority to transfer funds or conduct other transactions affecting Consumer Accounts. Customer acknowledges and agrees that it is responsible for determining any limitations on access to its accounts by its officers, employees, or other designated representatives.
2.6.2. Customer represents that each Consumer Account is established primarily for personal, family or household purposes and that the Administrator is the owner of, or the debtor on, each Consumer Account or is a joint owner or joint debtor on, each Consumer Account or is a joint owner or joint debtor with a member of his or her immediate family. Customer agrees to immediately delete a Consumer Account that does not comply with this representation. The Administrator cannot use Customer’s Online Banking Service on a Company Account unless he/she is appointed a User on that Account.
2.6.3. Administrator acknowledges and agrees that a User (as defined in this Agreement) may view private, confidential, non- public personal information about Administrator’s Account. Administrator acknowledges and agrees that a User is authorized to gain access to Account information to the same extent as Administrator. Administrator waives any and all privacy rights (whether arising under state or federal law and/or regulation, common law or case law) impacted by User(s)’s access of and/or use of (i) Account, (ii) Account records, (iii) information on and/or about Account, and/orand/or (iv) information on and/or about Administrator. Administrator is an adult according to the laws of the State where he or she resides.
2.6.4. We, in our sole discretion, may prohibit Customer from linking Consumer Accounts to Company Accounts designated for online access pursuant to this Agreement.
2.6.5. Where we permit linkage between Consumer Account(s) and Company Account(s) held under different tax identification numbers, Customer hereby jointly and severally directs and authorizes us : (a) to provide complete access by Customer to the Consumer Account(s), and (b) to recognize, accept and effectuate all transactions initiated through the Services available under this Agreement, by Customer, with respect to the Consumer Account(s), all without further inquiry regarding:
(i) the authority of the person(s) initiating the transaction(s), and (ii) any aspect of the transaction(s) itself. We shall not otherwise be deemed to have any knowledge of any agreement between and among the Administrator respecting banking or other matters, nor any of their respective duties thereunder.
2.6.6. By the Customer requesting us to link Company Accounts and Consumer Accounts on the Online Banking Service on behalf of the Customer, Customer represents and warrants to us that: (i) it has fully advised its appropriate owners, officers, and other personnel regarding the terms hereof, including with respect to, among other things, terms and conditions relating to its rights and obligations with respect to account linkage matters and with respect to the Customer’s joint and several obligations hereunder relating to such transactions; (ii) it fully agrees to be bound by the terms hereof; and (iii) it hereby assumes all obligations and risks, including claims related to the commingling of funds, pursuant to the terms of this Agreement with respect to transactions affecting the Company Account(s). We shall have no responsibility with respect to the application of funds pursuant to transactions under this Agreement and our obligations with respect to such funds and account linkage matters shall be limited strictly and specifically to those expressly set forth herein.
2.6.7. Customer may terminate the authorization to link Company Accounts and Consumer Accounts at any time on prior written notice to us. Termination will not be effective against us until we act on it. Notwithstanding the foregoing, the authorization to link Company Accounts and Consumer Accounts and the right to use the Online Banking Service may be
(a) if Customer, Administrator or a User (or an employee or agent of Customer or Administrator) misuses the Online Banking Service, (b) if Customer, Administrator or a User violates any federal or state law, or improperly handles an Account, (c) if Customer, Administrator or a User breaches any obligation, covenant or representation hereunder or under any other agreement with or affecting us, including without limitation, any agreement governing an Account, any licensing agreement regarding the services hereunder, and/or any note evidencing any indebtedness of Customer or Administrator to us, (d) if seizure, attachment, garnishment, encumbrance, or other conflicting claim is asserted or threatened against any portion of an Account or any of Customer’s or Administrator’s other deposit accounts with us, (e) upon insolvency or bankruptcy, whether voluntary or involuntary, of Customer or Administrator, (f) if we reasonably believe there has been or may be an unauthorized instruction, transfer, bill payment, stop payment or transaction, (g) if a receiver is appointed for all or substantially all of Customer’s or Administrator’s assets and business and said receiver is not discharged within thirty (30) days after such appointment, or
Appears in 1 contract
Sources: Mytrustmark® Agreement