Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances: 1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable); 2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction; 3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed; 5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment; 6. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal; 8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or 9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 16 contracts
Sources: Internet Banking and Bill Payment Agreement, Internet Banking Agreement, Internet Banking and Bill Payment Agreement
Our Liability for Failure to Complete Transactions. We If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will use commercially be liable only for your actual and reasonable efforts to make all your transfers and Bill Payments properlylosses or damages. However, we shall incur no liability and any Bill Payment Service Guarantee shall there are some exceptions. We will not be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
liable, for instance: 1. If, If through no fault of ours, you do not have enough funds available on your Eligible Account(s) and/or Payment Account does not contain sufficient funds Card to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
transaction; 2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction;
If a merchant refuses to accept your Card; 3. You If an ATM where you are making a cash withdrawal does not have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇;
enough cash; 4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
If an electronic terminal where you are making a transaction does not operate properly; 5. If access to your computer, software, telecommunication lines were not working properly and this problem should have Card has been apparent to blocked after you when you attempted the transfer reported your Card lost or Bill Payment;
stolen; 6. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed If there is a hold or your funds are subject to legal process the payment through no fault of ours;
or other encumbrance restricting their use; 7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process If we believe prevents their withdrawal;
8. We have reason to believe that a payment or other the requested transaction request may not be authorized by you or any third party whose authorization we believe is necessaryunauthorized; and/or
98. Circumstances If circumstances beyond our control of the Service, our Service Providers, and this Institution (such as, but not limited to, as fire, flood, or interference from an outside forcecomputer or communication failure) prevent the proper execution completion of the transaction transaction, despite reasonable precautions that we have taken; or 9. Any other exception stated in our Agreement with you. Your Liability for Unauthorized Transfers - Contact “Card Service” at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call Card Service immediately. If you notify us within two (2) business days, you can lose no more than $50 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have taken reasonable precautions stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00. Other Terms - Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to avoid those circumstancesall applicable rules and customs of any network, regulator or other association having jurisdiction over the movement or settlement of transactions. Provided none We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, provincial or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the foregoing exceptions are applicableProvince of Ontario except to the extent governed by federal law. Amendment and Cancellation - We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the Service causes an incorrect amount change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of funds to be removed from this Agreement will not affect any of our rights or your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account obligations arising under this Agreement prior to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related chargestermination.
Appears in 8 contracts
Sources: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill ▇▇▇▇ Payments properly. However, we shall incur no liability and any Bill ▇▇▇▇ Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction;
3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇;
4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill ▇▇▇▇ Payment;
6. It can be shown that the ▇▇▇▇▇▇ received the Bill ▇▇▇▇ Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 4 contracts
Sources: End User Agreement, Internet Banking and Bill Payment Agreement, Online Banking and Bill Payment Agreement
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill ▇▇▇▇ Payments properly. However, we shall incur no liability and any Bill ▇▇▇▇ Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit available limit of your overdraft account Overdraft Privilege (if applicable);
2. The Service and/or the payment processing center is not working properly properly, and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction;
3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇;
4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
5. If your computer, software, and/or telecommunication lines were not working properly properly, and this problem should have been apparent to you when you attempted the transfer or Bill ▇▇▇▇ Payment;
6. It can be shown that the ▇▇▇▇▇▇ received the Bill ▇▇▇▇ Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, : fire, flood, or interference from an outside force) prevent the proper execution of the transaction transaction, and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,Account, or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 3 contracts
Sources: Online Banking and Bill Payment Agreement, Online Banking and Bill Payment Agreement, Online Banking and Bill Payment Agreement
Our Liability for Failure to Complete Transactions. We If we do not properly complete a transfer to or from your Account on time or in the correct amount according to our agreement with you, we will use commercially reasonable efforts to make all be liable for your transfers and Bill Payments properlylosses or damages. However, we shall incur no liability and any Bill Payment Service Guarantee shall there are some exceptions. We will not be void liable: • if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient has insufficient available funds to complete make the transaction transfer; • if the funds in your Account are subject to legal process, such as garnishment, attachment or other lien; • if the transaction transfer would exceed the credit limit of your overdraft account (Overdraft Line of Credit; • if applicable);
2. The Service and/or the payment processing center is ATM, terminal or system was not working properly properly, and you know or have been advised by this Institution and/or its Service Providers knew about the malfunction before breakdown when you execute started the transaction;
3. You transfer; • if circumstances beyond our control (such as fire, power outage, equipment failure or flood) prevent the transfer despite reasonable precautions we have not provided taken; • if the Service with the correct Payment Account informationcard or PIN has been reported stolen, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇;
4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
6. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. We have reason to believe that you or someone else is attempting to make a payment transfer for fraudulent or illegal purposes; • if you or we have terminated the Agreement; • if your PIN or Card has been canceled, or your designated Account has been closed; • if the ATM or other transaction request may banking terminal or system where you were making the transfer does not be have enough cash. There are other exceptions stated in our agreement(s) with you, which cover the particular type of Account involved in a specific transaction. In order to protect your privacy, we will not disclose any information about you or your Account(s) to any person, organization, or agency except: • where it is necessary to complete the transfer; • to comply with government agency or court orders or lawful subpoena; • to our employees, auditors or collection agents in the course of their duties; • to persons authorized by you or any third party whose authorization we believe is necessarylaw in the course of their duties; and/or
9. Circumstances beyond control • for verification of the Service, our Service Providers, existence and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution condition of the transaction your Account for a credit bureau and merchant; • to a consumer reporting agency as defined by N.Y. Gen. Bus. Law § 380-a; • to certain third parties with whom we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of joint marketing agreements; or • by your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related chargeswritten authorization.
Appears in 3 contracts
Sources: Personal Deposit Agreement, Personal Deposit Agreement, Personal Deposit Agreement
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction transaction, or the transaction would exceed the credit available limit of your overdraft account Overdraft Privilege (if applicable);.
2. The Service and/or the payment processing center is not working properly properly, and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction;.
3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇;.
4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;.
5. If your computer, software, and/or telecommunication lines were not working properly properly, and this problem should have been apparent to you when you attempted the transfer or Bill Payment;.
6. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;.
7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;.
8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, to fire, flood, or interference from an outside force) prevent the proper execution of the transaction transaction, and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,Account, or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 3 contracts
Sources: Online Banking and Bill Payment Agreement, Online Banking and Bill Payment Agreement, Online Banking and Bill Payment Agreement
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. The Service and/or the payment processing center is are not working properly and you know or have been advised by this Institution the Bank and/or its Service Providers about the malfunction before you execute the transaction;
3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇;
4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
6. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. Circumstances beyond control of the Service, our Service Providers, and this Institution the Bank (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,Account, or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution the Bank and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 3 contracts
Sources: E Sign Disclosure and Agreement to Electronic Delivery, E Sign Disclosure and Agreement to Electronic Delivery, E Sign Disclosure and Agreement to Electronic Delivery
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction;
3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇;
4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
6. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. Circumstances beyond control of the Service, our Service Providers, and this Financial Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,Account, or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 3 contracts
Sources: Online Banking and Bill Pay Agreement, Online Banking and Bill Payment Agreement, Online Banking and Bill Payment Agreement
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee guarantee shall be void voided if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. : • If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction transaction, or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. ; • The Service and/or the payment processing center is not working properly properly, and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction;
3. • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇;
4. • Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
5. • If your computerelectronic device(s), software, telecommunication lines were not working properly properly, and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
6. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. transfer; • The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. ; • We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. and/or • Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,Account, or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 3 contracts
Sources: Master Electronic Banking Service Agreement, Electronic Banking Service Agreement, Master Electronic Banking Service Agreement
Our Liability for Failure to Complete Transactions. Hometown Bank shall only be responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. We will use commercially reasonable efforts to make all your transfers and Bill Payments OneClick transactions properly and you hereby hold Hometown Bank harmless for failure to do timely and/or completely make all your transfers and OneClick transactions properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. circumstances pertaining to your account: • If, through no fault of ours, your Eligible Account(seligible funding account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. ; • Delays in mail delivery; • If we make a timely bill payment but the Payee nevertheless does not credit your payment promptly or correctly after receipt of the payment; • The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers Hometown Bank about the malfunction before you execute the transaction;
3. ; • You have not provided the Service with the correct Payment Account funding account information, or the correct name, address, phone number, or account information or any other required information for the ▇▇▇▇▇▇;
4. Payee; • Your Eligible Account(seligible account(s), including either your Payment Account or Billing Account, is closed;
5. ; • If your computer, mobile device, technological device or any other device and/or means of accessing the Online and/or providing use of the Service, software, mobile device application and software, telecommunication lines were not working properly and this problem should have been apparent to or realize by you or you have actual, constructive or implied notice or should have known of same when you attempted the transfer or Bill Payment;
6. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. OneClick transaction; • The payment or transaction request involves funds subject to hold, dispute, restriction, garnishments, levies or legal process we believe prevents their withdrawal;
8. ; • If you have a virus, malware, adware or malicious program infecting your computer, or any unauthorized access and/or use of your computer, mobile device, technological device or any other device and/or means of accessing the Online and/or providing use of the Service including, but not limited to, a hacker or hacking program; • We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. • Circumstances beyond control of the Service, our Service Providers, and this Institution Hometown Bank (such as, but not limited to, firelegal constraint, interruption of transmission or communication facilities, equipment failure, labor disputes, embargoes, flood, earthquake, storm, lightning, fire,, epidemic, acts of God, national emergency, civil disturbance or interference from an outside forcedisobedience, riot, sabotage, terrorism, act of war threats of sabotage, terrorism or act of war, restrain by court order or order of public authority, emergency conditions or other circumstances) which prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s); and/or • If you, or Payment Account ,anyone you authorize to conduct OneClick transactions commits fraud or causes funds from your Payment Account to violates any law or regulation in connection with the Service. There may be directed to a ▇▇▇▇▇▇, which does other exceptions not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related chargesspecifically mentioned.
Appears in 2 contracts
Sources: Oneclick Bill Pay Agreement, Oneclick Bill Pay Agreement
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);applicable);
2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution Mocse and/or its Service Providers about the malfunction before you execute the transaction;
3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇;
4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
6. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. Circumstances beyond control of the Service, our Service Providers, and this Institution Mocse (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution Mocse and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.charges.
Appears in 2 contracts
Sources: Internet Banking and Bill Payment Agreement, Internet Banking and Bill Payment Agreement
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. a. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. ; The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction;
3. b. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇;
4. c. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
5. d. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
6. e. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. f. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. g. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. h. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. .
i. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 2 contracts
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction;
3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇;
4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
6. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 1 contract
Sources: Online Banking Agreement
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. : ● If, through no fault of ours, your Eligible Account(s) Accounts and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. ; ● The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution Bank and/or its Service Providers about the malfunction before you execute the transaction;
3. ; ● You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or numberor account information for the ▇▇▇▇▇▇;
4. ; ● Your Eligible Account(s)Accounts, including either your Payment Account or Billing Account, is closed;
5. ; ● If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
6. ; ● It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. ; ● The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their preventstheir withdrawal;
8. ; ● We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. and/or ● Circumstances beyond control of the Service, our Service Providers, and this Institution Bank (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. ● Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s)Accounts, or Payment Account ,or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution Bank and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 1 contract
Sources: Business Online Banking Agreement
Our Liability for Failure to Complete Transactions. We If we do not complete a transaction to or from your account on time or in the correct amount according to your instructions or our Agreement with you, we will use commercially reasonable efforts to make all be liable for your transfers and Bill Payments properlylosses or damages. However, we shall incur no liability and any Bill Payment Service Guarantee shall there are some exceptions. We will not be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstancesliable, for instance:
1. If, through no fault of ours, your Eligible Account(s) and/or Account or Bill Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable)account;
2. Your Eligible Account or Bill Payment Account(s) is closed;
3. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its the Service Providers about the malfunction before you execute the transaction;
34. You have not provided the Service with the correct Bill Payment Account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇;
4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;; and/or,
5. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.
6. If your computer, software, telecommunication lines were not working properly or were temporarily unavailable, and this problem should have been apparent to you when you attempted the transfer or Bill Payment;.
67. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;.
78. We have reason to believe that a transaction request may not be authorized by you or any third party whose authorization we believe is necessary.
9. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. We have reason Any Bill Payment Service Guarantee shall be void if the Service is unable to believe that a payment or other complete any transaction request may not be authorized initiated by you or any third party whose authorization we believe is necessary; and/or
9. Circumstances beyond control because of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, existence of any one or interference from an outside force) prevent the proper execution more of the transaction and we have taken reasonable precautions to avoid those circumstancesforegoing exceptions. Provided none of the foregoing exceptions are applicable, if the Bill Payment Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Bill Payment Account ,or causes funds from your Bill Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution and/or its the Bill Payment Service Providers shall be responsible for returning the improperly transferred funds to your Bill Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 1 contract
Sources: Internet Banking Agreement
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill ▇▇▇▇ Payments properly. However, we shall incur no liability and any Bill ▇▇▇▇ Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction;
3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇;
4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill ▇▇▇▇ Payment;
6. It can be shown that the ▇▇▇▇▇▇ received the Bill ▇▇▇▇ Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. Circumstances beyond control of the Service, our Service Providers, and this Financial Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,Account, or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 1 contract
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. The Service and/or the payment processing center is are not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction;
3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇;
4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
6. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 1 contract
Sources: Internet Banking Agreement
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction;
3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇;
4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
5. If your computer, software, internet service, and/ or telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
6. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.
10. Activity and tracking logs of the Service show that you began a transfer or payment process but failed to complete the final submission of the transaction. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,Account, or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 1 contract
Sources: Internet Banking Agreement
Our Liability for Failure to Complete Transactions. We The Service will use commercially reasonable efforts to make all your transfers and Bill Payments payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are the Service is unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its the Service Providers about the malfunction before you execute the transaction;
3. Your Eligible Account(s), or Billing Account, is closed;
4. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transaction;
5. The transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
6. We have reason to believe that a transaction request may not be authorized by you or any third party whose authorization we believe is necessary;
7. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances;
8. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇;
4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
69. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,Account, or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 1 contract
Sources: Internet Banking Agreement
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. : • If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. ; • The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction;
3. ; • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇;
4. ; • Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
5. ; • If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
6. ; • It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. ; • The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. ; • We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. and/or • Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 1 contract
Sources: Internet Banking and Bill Payment Terms and Conditions
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make process and complete all your payments and transfers and Bill Payments properly. However, we shall incur no liability properly initiated through the Service in accordance with this Agreement and any Bill Payment Service Guarantee shall User’s Guide. We will not be void if we are unable to complete liable (and any transactions initiated by you because of the existence of payment guarantee provided elsewhere in this Agreement will not be applicable), in connection with any one or more of the following circumstancesoccurrences:
1. Ifif, through no fault of ours, your Eligible Account(s) and/or Payment you do not have sufficient Collected Funds in the Service Account does not contain sufficient funds to complete the transaction or transaction;
2. if the transaction would exceed the credit limit on any overdraft line of your overdraft account (if applicable)credit linked to the Service Account;
23. The if your Access Device, internet connection method, or other equipment is not operating properly;
4. if the Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about were aware of the malfunction before when you execute initiated the transaction;
35. You if you do not properly follow all instructional materials provided in connection with the Service;
6. if you do not authorize a payment within a sufficient period of time for your payment to be received by the Payee by the Due Date (External Transfers Only);
7. if you have not provided the Service us with the correct Payment Account information, or the correct Payee name, address, phone numberaccount information, payment amount, or account information for other instructions necessary to complete the ▇▇▇▇▇▇;
4. Your Eligible Account(s)payment, including either or the foregoing instructions stored on your Payment Account Access Device’s hard drive or Billing Account, is closed;
5. If your computer, software, telecommunication lines were not working properly and this problem should the host system have been apparent to you when you attempted the transfer or Bill Payment;
6. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawallost (External Transfers Only);
8. We if a Payee mishandles or delays the handling of payments sent by us (External Transfers Only);
9. if your funds are held or frozen, or a court order or other legal process prevents us from making a transaction;
10. if your Password has been reported lost or stolen;
11. if we have reason to believe that a payment transaction has not been properly authorized or other transaction request may not be authorized by authenticated, or is fraudulent, erroneous, or illegal;
12. if you have exceeded the limitations on frequency of transactions or any third party whose authorization we believe is necessary; and/ordollar amount of transactions applicable to the Service Account;
913. Circumstances if circumstances beyond our control of the Service, our Service Providers, and this Institution (such asas telecommunication or electrical outages and malfunctions, but not limited topostal strikes or delays, fire, flood, computer system failures or interference from an outside forcenatural disasters) prevent the proper execution of the transaction transaction;
14. if making a transfer would cause us to violate any law, rule, or regulation to which we are subject; or
15. if any failure on our part was not intentional and we have taken reasonable precautions resulted from a bona fide error notwithstanding procedures to avoid those circumstancessuch error, except for actual damages (which do not include indirect, incidental, special or consequential damages). Provided none of There may be other exceptions to liability stated in the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of agreements governing your Eligible Account(s), accounts with us or Payment Account ,or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related chargesprovided under applicable law.
Appears in 1 contract
Sources: Consumer Mobile and Online Banking Service Agreement
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make process and complete all your payments and transfers and Bill Payments properly. However, we shall incur no liability properly initiated through the Service in accordance with this Agreement and any Bill Payment Service Guarantee shall User’s Guide. We will not be void if we are unable to complete liable (and any transactions initiated by you because of the existence of payment guarantee provided elsewhere in this Agreement will not be applicable), in connection with any one or more of the following circumstancesoccurrences:
1. Ifif, through no fault of ours, your Eligible Account(s) and/or Payment you do not have sufficient Collected Funds in the Service Account does not contain sufficient funds to complete the transaction or transaction;
2. if the transaction would exceed the credit limit on any overdraft line of your overdraft account (if applicable)credit linked to the Service Account;
23. The if your Access Device, internet connection method, or other equipment is not operating properly;
4. if the Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about were aware of the malfunction before when you execute initiated the transaction;
35. You if you do not properly follow all instructional materials provided in connection with the Service;
6. if you do not authorize a payment within a sufficient period of time for your payment to be received by the Payee by the Due Date (External Transfers Only);
7. if you have not provided the Service us with the correct Payment Account information, or the correct Payee name, address, phone numberaccount information, payment amount, or account information for other instructions necessary to complete the ▇▇▇▇▇▇;
4. Your Eligible Account(s)payment, including either or the foregoing instructions stored on your Payment Account Access Device’s hard drive or Billing Account, is closed;
5. If your computer, software, telecommunication lines were not working properly and this problem should the host system have been apparent to you when you attempted the transfer or Bill Payment;
6. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawallost (External Transfers Only);
8. We if a Payee mishandles or delays the handling of payments sent by us (External Transfers Only);
9. if your funds are held or frozen, or a court order or other legal process prevents us from making a transaction;
10. if your Password has been reported lost or stolen;
11. if we have reason to believe that a payment transaction has not been properly authorized or other transaction request may not be authorized by authenticated, or is fraudulent, erroneous, or illegal;
12. if you have exceeded the limitations on frequency of transactions or any third party whose authorization we believe is necessary; and/ordollar amount of transactions applicable to the Service Account;
913. Circumstances if circumstances beyond our control of the Service, our Service Providers, and this Institution (such asas telecommunication or electrical outages and malfunctions, but not limited topostal strikes or delays, fire, flood, computer system failures or interference from an outside forcenatural disasters) prevent the proper execution of the transaction transaction;
14. if making a transfer would cause us to violate any law, rule, or regulation to which we are subject; or
15. if any failure on our part was not intentional and we have taken reasonable precautions resulted from a bona fide error notwithstanding procedures to avoid those circumstancessuch error, except for actual damages (which do not include indirect, incidental, special or consequential damages). Provided none of There may be other exceptions to liability stated in the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of agreements governing your Eligible Account(s)accounts with us, or Payment Account ,or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related chargesprovided under applicable law.
Appears in 1 contract
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee guarantee shall be void voided if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. : • If, through no fault of ours, your Eligible Account(s) and/or Payment Account payment account does not contain sufficient funds to complete the transaction transaction, or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. ; • The Service and/or the payment processing center is not working properly properly, and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction;
3. • You have not provided the Service with the correct Payment Account payment account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇;
4. • Your Eligible Account(s), including either your Payment Account payment account or Billing Accountbilling account, is closed;
5. • If your computerelectronic device(s), software, telecommunication lines were not working properly properly, and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
6. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. transfer; • The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. ; • We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. and/or • Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,) or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructionspayment instructions, this Financial Institution we and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 1 contract
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution Kearny Bank and/or its Service Providers about the malfunction before you execute the transaction;
3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇;
4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
6. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. Circumstances beyond control of the Service, our Service Providers, and this Institution Kearny Bank (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution Kearny Bank and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 1 contract
Sources: Internet Banking Agreement
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. : • If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. transaction; • The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction;
3. ; • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇;
4. Payee; • Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
5. ; • If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
6. ; • It can be shown that the ▇▇▇▇▇▇ Payee received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. ; • The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. ; • We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. and/or • Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇Payee, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ Payee any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 1 contract
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. a. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction transaction, or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. b. The Service and/or the payment processing center is not working properly properly, and you know or have been advised by this Institution the Bank and/or its Service Providers about the malfunction before you execute the transaction;
3. c. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇Payee;
4. d. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
5. e. If your computer, software, or telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
6. f. It can be shown that the ▇▇▇▇▇▇ Payee received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. g. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. h. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. i. Circumstances beyond control of the Service, our Service Providers, and this Institution the Bank (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,Account, or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, Payee which does not comply with your Payment Instructions, this Financial Institution the Bank and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ Payee any previously misdirected transactions, and, if applicable, for any late payment related charges. The Bank or our Service Providers are not liable for any amount other than the transaction amount and any specifically associated late payment charges.
Appears in 1 contract
Our Liability for Failure to Complete Transactions. We If we do not complete a transaction to or from your account on time or in the correct amount according to our agreement with you, we will use commercially reasonable efforts to make all be liable for your transfers and Bill Payments properlylosses or damages as specified in sections. However, we shall incur no liability and there are some exceptions. We will not be liable if any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstancesoccurs:
1. If, If through no fault of ours, your Eligible Account(s) and/or Payment Account or bill payment account does not contain sufficient funds to complete the transaction transaction, or the transaction would exceed the credit limit of your overdraft account (if applicable);account.
2. Your Eligible Account(s) or Bill Payment Accounts are closed.
3. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers us about the malfunction before you execute the transaction;.
34. You have not provided the Service with the correct Payment Account bill payment account information, or the correct name, address, phone number, or account information number for the ▇▇▇▇▇▇;
4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;Payee.
5. Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside source) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid these circumstances.
6. If your computer, software, telecommunication lines were not working properly or were temporarily unavailable, and this problem should have been apparent to you when you attempted the transfer or Bill Payment;transaction.
67. It can be shown that the ▇▇▇▇▇▇ payee received the Bill Payment bill payment within the normal delivery timeframe and failed to process the payment through no fault of ours;.
78. We have reason to believe that a transaction request may not be authorized by you or any third party whose authorization we believe is necessary.
9. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes we cause an incorrect amount of funds to be removed from any of your Eligible Account(s), ) or Payment Account ,or causes cause funds from your Payment Account to be directed to a ▇▇▇▇▇▇, Payee which does not comply with your Payment Instructionsinstructions, this Financial Institution and/or its Service Providers we shall be responsible for returning the improperly transferred funds to your Payment Account, Eligible Account(s) and for directing payment to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any Payee. Our bill pay late payment related chargesguarantee shall be void if the Service is unable to complete any transaction initiated by you because of the existence of anyone or more of the foregoing exceptions.
Appears in 1 contract
Sources: Online Banking Agreement
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill ▇▇▇▇ Payments properly. However, we shall incur no liability and any Bill ▇▇▇▇ Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. : If, through no fault of ours, your Eligible Account(s) Accounts and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. ; The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution Bank and/or its Service Providers about the malfunction before you execute the transaction;
3. ; You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or numberor account information for the ▇▇▇▇▇▇;
4. ; Your Eligible Account(s)Accounts, including either your Payment Account or Billing Account, is closed;
5. ; If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill ▇▇▇▇ Payment;
6. ; It can be shown that the ▇▇▇▇▇▇ received the Bill ▇▇▇▇ Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. ; The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their preventstheir withdrawal;
8. ; We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. and/or Circumstances beyond control of the Service, our Service Providers, and this Institution Bank (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s)Accounts, or Payment Account ,or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution Bank and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 1 contract
Sources: Online Banking Services Agreement
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability liability, and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. A. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient suflcient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. B. The Service and/or the payment processing center is not working properly properly, and you know or have been advised by this Institution Mirastar and/or its Service Providers Provider about the malfunction before you execute the transaction;
3. C. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, number or account information for the ▇▇▇▇▇▇;
4. D. Your Eligible eligible Account(s), including either your Payment Account or Billing Account, Bill Account is closed;
5. E. If your computer, software, telecommunication lines were not working properly properly, and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
6. F. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. G. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. H. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. I. Circumstances beyond control of the Service, our Service Providers, and this Institution Mirastar (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstancescircumstance. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), ) or Payment Account ,Account, or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution Mirastar and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment AccountAccount(s), and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, applicable for any late payment related charges.
Appears in 1 contract
Sources: Online Banking Services Agreement
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction;
3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇;
4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
6. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 1 contract
Our Liability for Failure to Complete Transactions. Hometown Bank shall only be responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. If we do not complete a transfer to or from your account(s) on time or in the correct amount according to our Agreement with you, we will be liable for your actual losses or damages. We will use commercially reasonable efforts to make all your transfers properly and Bill Payments you hereby hold Hometown Bank harmless for failure to do so timely and/or completely make all your transfers properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. circumstances pertaining to your account: o If, through no fault of ours, your Eligible Account(seligible funding account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. ; o Delays in mail delivery; o If we make a timely transfer but the recipient nevertheless does not credit your transfer promptly or correctly after receipt of the transfer; o The Service and/or the payment processing center is not working properly properly, and you know or have been advised by this Institution and/or its Service Providers Hometown Bank about the malfunction before you execute the transaction;
3. ; o You have not provided the Service with the correct Payment Account funding account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇;
4. ; o Your Eligible Account(seligible account(s), including either your Payment Account or Billing Account, is closed;
5. ; o If your computermobile device or any other device and/or means of accessing the internet and/or providing use of the Service, software, including software and telecommunication lines were not working properly and this problem should have been apparent to or realize by you or you have actual, constructive or implied notice or should have known of same when you attempted the transfer; o The transfer or Bill Payment;
6. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. The payment or transaction request involves funds subject to hold, dispute, restriction, garnishments, levies or legal process we believe prevents their withdrawal;
8. ; o If you have a virus, malware, adware or malicious program infecting your computer, or any unauthorized access and/or use of your computer, mobile device, technological device or any other device and/or means of accessing the internet and/or providing use of the Service including, but not limited to, a hacker or hacking program; o We have reason to believe that a payment or other transaction transfer request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. o Circumstances beyond control of the Serviceservice, our Service Providersservice providers, and this Institution Hometown Bank (such as, but not limited to, firelegal constraint, interruption of transmission or communication facilities, equipment failure, labor disputes, embargoes, flood, earthquake, storm, lightning, fire, epidemic, acts of God, national emergency, civil disturbance or interference from an outside forcedisobedience, riot, sabotage, terrorism, act of war threats of sabotage, terrorism or act of war, restrain by court order or order of public authority, emergency conditions or other circumstances) which prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s); and/or o If you, or Payment Account ,anyone you authorize to conduct OneClick transactions commits fraud or causes funds from your Payment Account to violates any law or regulation in connection with the Service. There may be directed to a ▇▇▇▇▇▇, which does other exceptions not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related chargesspecifically mentioned.
Appears in 1 contract
Sources: Electronic Banking Agreement
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction;
3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇;
4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
6. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,, or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 1 contract
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. a. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. b. The Service and/or the payment processing center is not working properly properly, and you know or have been advised by this Institution County Federal and/or its Service Providers Provider about the malfunction before you execute the transaction;
3. c. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, number or account information for the ▇▇▇▇▇▇;
4. d. Your Eligible eligible Account(s), including either your Payment Account or Billing Account, Bill Account is closed;
5. e. If your computer, software, telecommunication lines were not working properly properly, and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
6. f. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. g. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. h. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. i. Circumstances beyond control of the Service, our Service Providers, and this Institution County Federal (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstancescircumstance. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), ) or Payment Account ,Account, or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution County Federal and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment AccountAccount(s), and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, applicable for any late payment related charges.
Appears in 1 contract
Sources: Online Banking Services Agreement
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill ▇▇▇▇ Payments properly. However, we shall incur no liability and any Bill ▇▇▇▇ Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction;
3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇;
4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill ▇▇▇▇ Payment;
6. It can be shown that the ▇▇▇▇▇▇ received the Bill ▇▇▇▇ Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,Account, or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 1 contract
Sources: Internet Banking Agreement
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction;
3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇;
4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
6. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 1 contract
Sources: Internet Banking Agreement
Our Liability for Failure to Complete Transactions. We The Service will use commercially reasonable efforts to make all your transfers and Bill Payments payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are the Service is unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its the Service Providers about the malfunction before you execute the transaction;
3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇;
4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
6. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have the Service has taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution and/or and its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 1 contract
Our Liability for Failure to Complete Transactions. We If we do not complete a transfer to or from your Bank account on time or in the correct amount according to our agreement with you, we will use commercially reasonable efforts to make all be liable for your transfers and Bill Payments properlylosses or damages. However, we shall incur no liability and any Bill Payment Service Guarantee shall there are some exceptions. We will not be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. liable: • If, through no fault of ours, you do not have enough money in your Eligible Account(s) and/or Payment Account does not contain sufficient funds account to complete make a transfer or bill payment; or • If a legal order directs us to prohibit withdrawals from the transaction account; or • If your account is closed or if it has been frozen; or • If the transaction transfer or bill payment would exceed cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts; or • If you, or anyone you allow, commits any fraud or violates any law or regulation; or • If any electronic terminal, telecommunication device or any part of your overdraft account (if applicable);
2. The Service and/or the payment processing center electronic fund transfer MyOnlineBanking is not working properly and properly; or · If you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction;
3. You have not provided the Service us with the complete and correct Payment Account payment information, or including without limitation the correct name, address, phone account number, or account information and payment amount for the ▇▇▇▇▇▇;
4. Your Eligible Account(s)payee on a bill payment; or • If you have not properly followed the instructions for using MyOnlineBanking; or • If circumstances beyond our control (such as fire, including either your Payment Account flood or Billing Account, is closed;
5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted improper transmission or handling of payments by a third party) prevent the transfer or Bill Payment;
6. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe bill payment, despite reasonable precautions taken by us; or • If you did not give us complete, correct and failed to process current instructions regarding any transfer; or • If you did not authorize a payment soon enough for the payment through no fault of ours;
7. The to be made, transmitted, received and credited by the Payee on or before the due date; or • If we made a timely payment but the payee did not promptly credit your payment after receipt; or transaction request involves funds subject to hold, dispute, restriction, • If your computer malfunctioned for any reason; or legal process we believe prevents their withdrawal;
8. We have reason to believe that · If a payment or other transaction request may transfer could not be authorized by completed because MyOnlineBanking system was unavailable, as discussed in Section 16; or • If you or we terminate this Agreement before a transfer is scheduled to occur. There may be other exceptions stated in our Agreement with you. In any third party whose authorization case, we believe is necessary; and/or
9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but will not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning any errors or failures due to any malfunction of your computer or to any unsuitability or incompatibility of your computer that may be associated with the improperly transferred funds to your Payment Accountuse of an online service, and for directing to regardless of the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related chargescause of the error or failure.
Appears in 1 contract
Sources: Online Access Agreement
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. : • If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. ; • The Service and/or the payment processing center is not working properly properly, and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction;
3. ; • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇;
4. ; • Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
5. ; • If your computer, software, internet service, and/ or telecommunication lines were not working properly properly, and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
6. ; • It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. ; • The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. ; • We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. and/or • Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. • Activity and tracking logs of the Service show that you began a transfer or payment process but failed to complete the final submission of the transaction. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,Account, or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 1 contract
Sources: Internet Banking Agreement
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill Payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you. We may be unable to complete transactions initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, your Your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction;
3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information inform ation for the ▇▇▇▇▇▇;
4. Your Eligible Account(s)) , including either your Payment Account or Billing Account, is closed▇▇▇▇ ▇▇;
5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment;Bill
6. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided Notwithstanding the foregoing, if none of the foregoing exceptions are applicable, above circumstances have occurred and if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,Account, or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers Provider(s) shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 1 contract
Our Liability for Failure to Complete Transactions. We The Service will use commercially reasonable efforts to make all your transfers and Bill Payments payments properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are the Service is unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its the Service Providers about the malfunction before you execute the transaction;
3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇;
4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill Payment;
6. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have the Service has taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution and/or and its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.charges.
Appears in 1 contract
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill ▇▇▇▇ Payments properly. However, we shall incur no liability and any Bill ▇▇▇▇ Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. : • If, through no fault of ours, your Eligible Account(s) Accounts and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. ; • The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution Bank and/or its Service Providers about the malfunction before you execute the transaction;
3. ; • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or numberor account information for the ▇▇▇▇▇▇;
4. ; • Your Eligible Account(s)Accounts, including either your Payment Account or Billing Account, is closed;
5. ; • If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill ▇▇▇▇ Payment;
6. ; • It can be shown that the ▇▇▇▇▇▇ received the Bill ▇▇▇▇ Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. ; • The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their preventstheir withdrawal;
8. ; • We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. and/or • Circumstances beyond control of the Service, our Service Providers, and this Institution Bank (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. • Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s)Accounts, or Payment Account ,or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇, which does not comply with your Payment Instructions, this Financial Institution Bank and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 1 contract
Sources: Business Online Banking Agreement
Our Liability for Failure to Complete Transactions. Hometown Bank shall only be responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. We will use commercially reasonable efforts to make all your transfers and Bill Payments OneClick transactions properly and you hereby hold Hometown Bank harmless for failure to do timely and/or completely make all your transfers and OneClick transactions properly. However, we shall incur no liability and any Bill Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. circumstances pertaining to your account: • If, through no fault of ours, your Eligible Account(seligible funding account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. ; • Delays in mail delivery; • If we make a timely bill payment but the Payee nevertheless does not credit your payment promptly or correctly after receipt of the payment; • The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers Hometown Bank about the malfunction before you execute the transaction;
3. ; • You have not provided the Service with the correct Payment Account funding account information, or the correct name, address, phone number, or account information or any other required information for the ▇▇▇▇▇▇;
4. Payee; • Your Eligible Account(seligible account(s), including either your Payment Account or Billing Account, is closed;
5. ; • If your computer, mobile device, technological device or any other device and/or means of accessing the Online and/or providing use of the Service, software, mobile device application and software, telecommunication lines were not working properly and this problem should have been apparent to or realize by you or you have actual, constructive or implied notice or should have known of same when you attempted the transfer or Bill Payment;
6. It can be shown that the ▇▇▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. OneClick transaction; • The payment or transaction request involves funds subject to hold, dispute, restriction, garnishments, levies or legal process we believe prevents their withdrawal;
8. ; • If you have a virus, malware, adware or malicious program infecting your computer, or any unauthorized access and/or use of your computer, mobile device, technological device or any other device and/or means of accessing the Online and/or providing use of the Service including, but not limited to, a hacker or hacking program; • We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. • Circumstances beyond control of the Service, our Service Providersservice providers, and this Institution Hometown Bank (such as, but not limited to, firelegal constraint, interruption of transmission or communication facilities, equipment failure, labor disputes, embargoes, flood, earthquake, storm, lightning, fire,, epidemic, acts of God, national emergency, civil disturbance or interference from an outside forcedisobedience, riot, sabotage, terrorism, act of war threats of sabotage, terrorism or act of war, restrain by court order or order of public authority, emergency conditions or other circumstances) which prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s); and/or • If you, or Payment Account ,anyone you authorize to conduct OneClick transactions commits fraud or causes funds from your Payment Account to violates any law or regulation in connection with the Service. There may be directed to a ▇▇▇▇▇▇, which does other exceptions not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ any previously misdirected transactions, and, if applicable, for any late payment related chargesspecifically mentioned.
Appears in 1 contract
Sources: Oneclick Bill Pay Agreement
Our Liability for Failure to Complete Transactions. We will use commercially reasonable efforts to make all your transfers and Bill ▇▇▇▇ Payments properly. However, we shall incur no liability and any Bill ▇▇▇▇ Payment Service Guarantee shall be void if we are unable to complete any transactions initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, your Eligible Account(s) and/or Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account (if applicable);
2. The Service and/or the payment processing center is not working properly and you know or have been advised by this Institution and/or its Service Providers about the malfunction before you execute the transaction;
3. You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the ▇▇▇▇▇▇Payee;
4. Your Eligible Account(s), including either your Payment Account or Billing Account, is closed;
5. If your computer, software, telecommunication lines were not working properly and this problem should have been apparent to you when you attempted the transfer or Bill ▇▇▇▇ Payment;
6. It can be shown that the ▇▇Payee received the ▇▇▇▇ received the Bill Payment within the normal delivery timeframe and failed to process the payment through no fault of ours;
7. The payment or transaction request involves funds subject to hold, dispute, restriction, or legal process we believe prevents their withdrawal;
8. We have reason to believe that a payment or other transaction request may not be authorized by you or any third party whose authorization we believe is necessary; and/or
9. Circumstances beyond control of the Service, our Service Providers, and this Institution (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from any of your Eligible Account(s), or Payment Account ,Account, or causes funds from your Payment Account to be directed to a ▇▇▇▇▇▇Payee, which does not comply with your Payment Instructions, this Financial Institution and/or its Service Providers shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper ▇▇▇▇▇▇ Payee any previously misdirected transactions, and, if applicable, for any late payment related charges.
Appears in 1 contract