Common use of Stop Payment Orders Clause in Contracts

Stop Payment Orders. If you do not want us to pay a check you have issued, you can request us to stop payment of that check. Any Authorized Representative may order us to stop payment on a check and we will charge a fee. See the fee schedule applicable to your Account for details. Your stop payment order must include your Account number, the number and date of your check, the amount, and the name of the payee. We are not responsible for stop payment orders with incorrect or incomplete information. If you make your stop payment order orally and do not confirm it in writing within fourteen (14) calendar days, we may not continue to honor it. Our acceptance of a stop payment order will not constitute a representation that the Item has not already been paid or that the Bank has had a reasonable opportunity to act upon the order. Your stop payment order will take effect only after we receive all required documents from you, we verify that the check is unpaid, we record it on your Account, and we have had sufficient time to notify the impacted areas of the Bank (which may take several days), and we will not be liable if we pay the check or for any related Losses you incur before the stop payment order has taken effect. We cannot stop payment on a check we have already cashed or a deposited check where the funds have already been withdrawn. You may not stop payment on money orders issued by the Bank or on official, certified, cashier’s, or teller’s checks issued by the Bank. In addition, you may not stop payment on checks governed by separate agreement, such as a check guaranty agreement. Your stop payment order will be effective for six (6) months, and can be renewed for six (6) more months for an additional fee. We have no obligation to notify you when your stop payment order expires. If you want to release a stop payment order, you must tell us in writing. If the check is presented for payment after a stop payment order expires, we may pay the check. In some cases, we may pay a check even if a stop payment order is in effect. For example, if we or another person or entity becomes a “holder in due course” of a check that you ask us to stop, we may still pay the check. When you place a stop payment order, you agree to indemnify us for all Losses we incur due to our refusal to pay the Item. You assign to us all rights against the payee or any other holder of the check. You agree to cooperate with us in any legal actions that we may take against these parties. Applicable Law may permit other limitations on our obligation to stop payments. Refer to Section 8 of this Agreement, “Electronic Funds Transfers,” for how to place a stop payment on electronic payments.

Appears in 4 contracts

Sources: Deposit Account Agreement, Deposit Account Agreement, Deposit Account Agreement

Stop Payment Orders. If you do not want us to pay a check you have issued, you can request us to stop payment of that check. Any Authorized Representative may order us to stop payment on a check and we will charge a fee. See the fee schedule applicable to your Account for details. Your stop payment order must include your Account number, the number and date of your check, the amount, and the name of the payee. We are not responsible for stop payment orders with incorrect or incomplete information. If you make your stop payment order orally and do not confirm it in writing within fourteen (14) calendar days, we may not continue to honor it. Our acceptance of a stop payment order will not constitute a representation that the Item has not already been paid or that the Bank has had a reasonable opportunity to act upon the order. Your stop payment order will take effect only after we receive all required documents from you, we verify that the check is unpaid, we record it on your Account, and we have had sufficient time to notify the impacted areas of the Bank (which may take several days), and we will not be liable if we pay the check or for any related Losses you incur before the stop payment order has taken effect. We cannot stop payment on a check we have already cashed or a deposited check where the funds have already been withdrawn. You may not stop payment on money orders issued by the Bank or on official, certified, cashier’s, or teller’s checks issued by the Bank. In addition, you may not stop payment on checks governed by separate agreement, such as a check guaranty agreement. Your stop payment order will be effective for six (6) months, and can be renewed for six (6) more months for an additional fee. We have no obligation to notify you when your stop payment order expires. If you want to release a stop payment order, you must tell us in writing. If the check is presented for payment after a stop payment order expires, we may pay the check. In some cases, we may pay a check even if a stop payment order is in effect. For example, if we or another person or entity becomes a “holder in due course” of a check that you ask us to stop, we may still pay the check. When you place a stop payment order, you agree to indemnify us for all Losses we incur due to our refusal to pay the Item. You assign to us all rights against the payee or any other holder of the check. You agree to cooperate with us in any legal actions that we may take against these parties. Applicable Law may permit other limitations on our obligation to stop payments. Refer to Section 8 of this Agreement, “7 (Electronic Funds Transfers,” ) for how to place a stop payment on electronic payments.

Appears in 3 contracts

Sources: Deposit Account Agreement, Deposit Account Agreement, Deposit Account Agreement

Stop Payment Orders. If you do not want us to pay a check you have issued, you can request us to stop payment of that check. Any Authorized Representative You may order us to stop payment on a check check, but we must have a reasonable opportunity to verify that the item is unpaid and to act on the order after receiving it. Because we will charge a fee. See the fee schedule applicable rely upon computer systems to your Account for details. Your implement stop payment orders, you understand that your order must include your Account numberprovide the exact amount, the check number and date of your check, account number on the amount, and the name of the payeeitem you want stopped. We are not responsible for stop payment orders with incorrect or incomplete information. If you make paying items that do not exactly match your stop payment order orally and do not confirm it in writing within fourteen (14) calendar days, we may not continue to honor it. Our acceptance of a stop payment order will not constitute a representation that the Item has not already been paid or that the Bank has had a reasonable opportunity to act upon the order. Your stop payment order will take effect only after we receive all required documents from you, we verify that should also identify the check is unpaid, we record it on your Account, and we have had sufficient time to notify the impacted areas payee of the Bank (which item so that we may take several days), and verify we will not be liable if we pay are stopping payment on the check or for any related Losses you incur before the correct item. A stop payment order has taken effect. We cannot stop payment on a check we have already cashed or a deposited check where the funds have already been withdrawn. You may not stop payment on money orders issued by the Bank or on official, certified, cashier’s, or teller’s checks issued by the Bank. In addition, you may not stop payment on checks governed by separate agreement, such as a check guaranty agreement. Your stop payment order will be is only effective for six (6) months, and can be unless renewed for six (6) more months for an additional fee. We have no obligation to notify you when your stop payment order expires. If you want to release a stop payment order, you must tell us in writing. If When the check is presented for payment after a stop payment order expires, we may pay the checkitem and have no duty to notify you. In some cases, If we may pay give you a check even if a stop payment order is in effect. For example, if we or another person or entity becomes a “holder in due course” confirmation of a check that you ask us to stop, we may still pay the check. When you place a your stop payment order, you agree to indemnify notify us immediately if it is inaccurate and in the absence of such notification, you agree that we will not be responsible for all Losses relying on the information in the confirmation. You understand that we incur may not be able to stop payment on items that you have enabled third parties to create and send to us. If you have authorized a third party to initiate recurring deductions from your account, you should order the third party to stop them, and agree that we are not responsible therefor except to the extent required by law. You may not stop payment on certified checks, teller’s checks or cashier's checks or money orders and understand that we may refuse to issue a replacement or to refund the check amount before the expiration of a period of time specified by applicable law. You understand that a stop payment order on any check will not preclude a holder-in-due to our refusal to pay the Itemcourse from making a claim against you. You assign to us all rights against the payee or any other holder of the checkitem. You agree to fully cooperate with us in any legal actions that we may take against these partiessuch persons. Applicable Law A fee may permit other limitations on our obligation to stop payments. Refer to Section 8 of this Agreement, “Electronic Funds Transfers,” for how to place a stop payment on electronic paymentsapply.

Appears in 3 contracts

Sources: Commercial Deposit Agreement, Commercial Deposit Agreement, Commercial Deposit Agreement

Stop Payment Orders. If you do not want us to pay a check you have issued, you can request us to stop payment of that check. Any Authorized Representative may order us to stop payment on a check and we will charge a fee. See the fee schedule applicable to your Account for details. Your stop payment order must include your Account number, the number and date of your check, the amount, and the name of the payee. We are not responsible for stop payment orders with incorrect or incomplete information. If you make your stop payment order orally and do not confirm it in writing within fourteen (14) calendar days, we may not continue to honor it. Our acceptance of a stop payment order will not constitute a representation that the Item has not already been paid or that the Bank has had a reasonable opportunity to act upon the order. Your stop payment order will take effect only after we receive all required documents information from you, we verify that the check is unpaid, we record it on your Account, and we have had sufficient time to notify the impacted areas of the Bank (which may take several days), and we will not be liable if we pay the check or for any related Losses you incur before the stop payment order has taken effect. We cannot stop payment on a check we have already cashed or a deposited check where the funds have already been withdrawn. You may not stop payment on money orders issued by the Bank or on official, certified, cashier’s, or teller’s checks issued by the Bank. In addition, you may not stop payment on checks governed by separate agreement, such as a check guaranty agreement. Your stop payment order will be effective for six (6) months, and can be renewed for six (6) more months for an additional fee. We have no obligation to notify you when your stop payment order expires. If you want to release a stop payment order, you must tell us in writing. If the check is presented for payment after a stop payment order expires, we may pay the check. In some cases, we may pay a check even if a stop payment order is in effect. For example, if we or another person or entity becomes a “holder in due course” of a check that you ask us to stop, we may still pay the check. When you place a stop payment order, you agree to indemnify us for all Losses we incur due to our refusal to pay the Item. You assign to us all rights against the payee or any other holder of the check. You agree to cooperate with us in any legal actions that we may take against these parties. Applicable Law may permit other limitations on our obligation to stop payments. Refer to Section 8 of this Agreement, “7 (Electronic Funds Transfers,” ) for how to place a stop payment on electronic payments.

Appears in 2 contracts

Sources: Deposit Account Agreement, Deposit Account Agreement

Stop Payment Orders. If you do not want us to pay a check you have issued, you can request us to stop payment of that check. Any Authorized Representative may order us to stop payment on a check and we will charge a fee. See the fee schedule applicable to your Account for details. Your stop payment order must include your Account number, the number and date of your check, the amount, and the name of the payee. We are not responsible for stop payment orders with incorrect or incomplete information. If you make your stop payment order orally and do not confirm it in writing within fourteen (14) calendar days, we may not continue to honor it. Our acceptance of a stop payment order will not constitute a representation that the Item has not already been paid or that the Bank has had a reasonable opportunity to act upon the order. Your stop payment order will take effect only after we receive all required documents information from you, we verify that the check is unpaid, we record it on your Account, and we have had sufficient time to notify the impacted areas of the Bank (which may take several days), and we will not be liable if we pay the check or for any related Losses you incur before the stop payment order has taken effect. We cannot stop payment on a check we have already cashed or a deposited check where the funds have already been withdrawn. You may not stop payment on money orders issued by the Bank or on official, certified, cashier’s, or teller’s checks issued by the Bank. In addition, you may not stop payment on checks governed by separate agreement, such as a check guaranty agreement. Your stop payment order will be effective for six (6) months, and can be renewed for six (6) more months for an additional fee. We have no obligation to notify you when your stop payment order expires. If you want to release a stop payment order, you must tell us in writing. If the check is presented for payment after a stop payment order expires, we may pay the check. In some cases, we may pay a check even if a stop payment order is in effect. For example, if we or another person or entity becomes a “holder in due course” of a check that you ask us to stop, we may still pay the check. When you place a stop payment order, you agree to indemnify us for all Losses we incur due to our refusal to pay the Item. You assign to us all rights against the payee or any other holder of the check. You agree to cooperate with us in any legal actions that we may take against these parties. Applicable Law may permit other limitations on our obligation to stop payments. Refer to Section 8 of this Agreement, “Electronic Funds Transfers,” for how to place a stop payment on electronic payments.

Appears in 2 contracts

Sources: Deposit Account Agreement, Deposit Account Agreement

Stop Payment Orders. If you do not want us to pay a check you have issued, you can Any owner or authorized persons on your Account may request us to stop payment of that check. Any Authorized Representative may order us to stop payment on a check and check. In order to identify your check, we will charge a fee. See typically need the fee schedule applicable to your Account for details. Your stop payment order must include your Account number, the number check number, exact amount (dollars and cents), check or transaction date of your check, the amount, and the name of the payee. We If we are not responsible for stop payment orders able to identify the item in question with incorrect or incomplete information. If reasonable certainty based on the information you make your stop payment order orally and do not confirm it in writing within fourteen (14) calendar daysprovide, we may not continue to honor it. Our acceptance of a stop payment order will not constitute a representation that the Item has not already been paid or that the Bank has had a reasonable opportunity to act upon the order. Your stop payment order will take effect only after we receive all required documents from you, we verify that the check is unpaid, we record it on your Account, and we have had sufficient time to notify the impacted areas of the Bank (which may take several days), and we will not be liable if we pay for paying a Check or transaction. We must receive stop payment orders in a manner that affords us reasonable time to act upon them. There is a per-check charge for each stop payment order, as shown in the check or for any related Losses you incur before the Fee Schedule. Each stop payment order has taken effect. We cannot stop payment on a check we have already cashed or a deposited check where the funds have already been withdrawn. You may not stop payment on money orders issued by the Bank or on official, certified, cashier’s, or teller’s checks issued by the Bank. In addition, you may not stop payment on checks governed by separate agreement, such as a check guaranty agreement. Your stop payment order will be effective confirmed in writing is valid for six (6) months. After that time, and can if the Check is presented, it may be renewed for six (6) more months charged to your Account unless you renew the stop payment order for an additional fee. We have no obligation may elect to notify you when your accept oral stop payment order expiresorders for every type of transaction, but are not required to do so. If you want to release a we accept an oral stop payment order, we may require you must tell us to submit or confirm it in writing. If the check is presented for payment after Without a stop payment order expiresin writing, we may pay our electronic records will be considered proof of the checkstop payment order details or of its revocation. In some casesMoreover, we may pay under Hawaii law, an oral stop payment request lapses after fourteen (14) days unless confirmed in writing. You cannot rely on a check even stop payment request delivered to us through our automated telephone or online banking to be effective in stopping the payment of a Check that was Posted to your Account on the preceding Business Day. You need to call us or visit a branch to confirm if a stop payment order is in effectcan be placed on such checks. For examplemore information on stop payments on preauthorized Electronic Fund Transfers see the subsection titled “Stop Payments for Preauthorized Electronic Fund Transfers” in the section titled “ACH Payments, if we or another person or entity becomes a Credits and Transfers” in the agreement titled holder in due courseBank of Hawaii Consumer Electronic Banking Services Agreement.of a check that you ask us to stop, we may still pay the check. When you place a stop payment order, you agree to indemnify us for all Losses we incur due to our refusal to pay the Item. You assign to us all rights against the payee or any other holder of the check. You agree to cooperate with repay, defend and hold us in any legal actions that we may take against these parties. Applicable Law may permit other limitations on harmless from all actions, claims and damages arising from our obligation obeying your order to stop payments. Refer to Section 8 of this Agreement, “Electronic Funds Transfers,” for how to place a stop payment on electronic paymentsany Check or transaction.

Appears in 2 contracts

Sources: Consumer Deposit Account Agreement, Consumer Deposit Account Agreement

Stop Payment Orders. Unless otherwise specified in any applicable Service Section or Operating Instructions, any stop payment order which You wish to place on a check drawn on an account that is the subject of this Service or is otherwise related to this Service shall be placed in accordance with the Bank's normal stop payment procedures and provisions for other accounts in effect at that time. You acknowledge that a Stop Payment Request (defined herein below) may not be placed on any items other than checks issued by Company. Any Stop Payment Request for ACH debits or paper drafts must be placed at a Bank branch office location. If you have elected to issue stop payment orders via Digital Banking Services, the following provisions shall apply: .1. You have requested us to provide Stop Payment Services under Digital Banking Services to enable you to electronically issue stop payment entries ("Stop Payment Request"). You hereby agree to use the Stop Payment Services according to the instructions set forth in this Section. .2. You may only submit Stop Payment Requests for checks that have not yet posted to the Account. Thus, prior to submitting Stop Payment Requests, you must first verify that the checks have not posted to the Account. .3. You understand and agree that Stop Payment Requests will not take effect unless you provide all the information requested by the Stop Payment screens and provide such information exactly as it appears on the check, including, but not limited to, the account number, check number, amount, payee and date. You acknowledge that the computer programs used to provide the Stop Payment Services require exact information regarding the check and even minor errors in providing the exact information requested may prevent payment from being stopped. For example, if you give us the wrong amount of the check and the information is only wrong by one cent (.01) or if the check number you provide is only wrong by one digit, we will not be able to stop payment on the check. You agree that Bank is not liable to you for payment of any check over a Stop Payment Request if you do not want us provide the exact information regarding the check. .4. Stop Payment Requests that we receive prior to 9:30 p.m. Eastern Time on a Business Day, will be effective on that Business Day. Conversely, Stop Payment Requests that we receive after that cut-off time will take effect on the next Business Day. The Business Day on which the Stop Payment Request takes effect is referred as the "Stop Payment Effective Date." We shall not be liable to you for items otherwise properly payable that we pay prior to the Stop Payment Effective Date of your Stop Payment Request or any loss arising out of such payment. .5. The Stop Payment Request will be effective for six months, from and including the Stop Payment Effective Date. You may renew or otherwise continue the effectiveness of a check you have issued, you can request us Stop Payment Request by making a new Stop Payment Request via Digital Banking Services at least one Business Day prior to stop payment the expiration of the existing Stop Payment Request. You acknowledge that check. Any Authorized Representative may order us we are not obligated to stop payment on a check after the expiration of a Stop Payment Request. However, you agree that we may stop payment according to an expired Stop Payment Request without incurring any liability to you. You further understand and agree that you, and not us, have the obligation to monitor your Stop Payment Requests and that we will charge not provide you with any notice of the expiration dates of any Stop Payment Request and/or the need to renew any such requests. .6. You understand and agree that we will accept a fee. See the fee schedule applicable Stop Payment Request and use reasonable procedures to your Account for details. Your locate and stop payment order must include your Account numberon the check. However, the number and date in consideration of your check, the amount, and the name our acceptance of the payee. We are not responsible for stop payment orders with incorrect Stop Payment Request, you expressly agree to hold us harmless from any direct or incomplete information. If you make your stop payment order orally and do not confirm it in writing within fourteen indirect damages if we pay the check (14i) calendar days, we may not continue to honor it. Our acceptance of a stop payment order will not constitute a representation that on the Item has not already been paid or that the Bank has had a reasonable opportunity to act upon the order. Your stop payment order will take effect only after day we receive all required documents from youthe Stop Payment Request, we verify or (ii) by reason of oversight or inadvertence. Furthermore, you hereby agree that the check is unpaid, we record it on your Account, and we have had sufficient time to notify the impacted areas of the Bank (which may take several days), and we will not be liable to you for any direct or indirect damages if other checks drawn by you are returned NSF because we pay the check under the circumstances noted in (i) or for any related Losses you (ii) herein. You further agree to indemnify us against all expenses and costs that might incur before the stop payment order has taken effect. We cannot stop by reason of stopping payment on a check we have already cashed pursuant to a Stop Payment Request, whether it expired or a deposited check where the funds have already been withdrawnnot. .7. You may not stop payment on money orders issued by hereby authorize us to automatically charge the Bank or on official, certified, cashier’s, or teller’s checks issued by the Bank. In addition, you may not stop payment on checks governed by separate agreement, such as a check guaranty agreement. Your stop payment order will be effective for six (6) months, and can be renewed for six (6) more months for an additional fee. We have no obligation to notify you when your stop payment order expires. If you want to release a stop payment order, you must tell us in writing. If Account against which the check is presented was drawn for payment after a stop payment order expires, we may pay the check. In some cases, we may pay a check even if a stop payment order is in effect. For example, if we or another person or entity becomes a “holder in due course” of a check that you ask us to stop, we may still pay the check. When you place a stop payment order, you agree to indemnify us applicable Stop Payment fees for all Losses we incur due to our refusal to pay the Item. You assign to us all rights against the payee or any other holder of the check. You agree to cooperate with us in any legal actions that we may take against these parties. Applicable Law may permit other limitations on our obligation to stop payments. Refer to Section 8 of this Agreement, “Electronic Funds Transfers,” for how to place a stop payment on electronic paymentseach Stop Payment Request and renewal thereof.

Appears in 2 contracts

Sources: Digital Banking Agreement, Digital Banking Agreement

Stop Payment Orders. If you do not want us Subject to pay a check you have issuedcertain limitations, you can request us to stop payment of that check. Any Authorized Representative any Account Holder or Account ▇▇▇▇▇▇’s agent may order us to stop payment on any check or other item payable for your Account, whether drawn by you or any other Account Holder. The stop payment request will be effective if we receive the order at such time and in such manner as to afford us a reasonable opportunity to act upon the order. For purposes of determining whether we have a reasonable opportunity to act upon a stop payment order, a check and we will charge a fee. See the fee schedule applicable to or other item drawn on your Account is deemed received by us when it is presented to us for detailspayment, by electronic or other means, or at an earlier time based on notification received by us that the check or other item has been deposited for collection in another financial institution. Your stop payment order must include your Account numberWe will require you to provide the date, the number and date of your check, the exact amount, and the number of the item, together with the name of the payee. We are If you give us incorrect information, we will not responsible be liable for failing to stop payment on the item. Stop payment orders with incorrect or incomplete information. If you make your are in effect for six months and will automatically expire at the end of six months from the date of the stop payment order orally and do not confirm it unless renewed in writing within fourteen (14) calendar days, we may not continue to honor itwriting. Our acceptance of a stop payment order will not constitute a representation that the Item item has not already been paid or that the Bank has had we have a reasonable opportunity to act upon the order. Your stop payment order will take effect only after we receive all required documents from you, we verify that the check is unpaid, we record it on your Account, and we have had sufficient time to notify the impacted areas of the Bank (which may take several days), and we will not be liable if we pay the check or for any related Losses you incur before the stop payment order has taken effect. We cannot stop payment on a check we have already cashed or a deposited check where the funds have already been withdrawn. You may not stop payment on money orders issued by the Bank or on an official, certified, cashier’s, or teller’s checks check issued by us, or request us to stop payment if we have otherwise become accountable for the Bankitems, except as set forth in Section X(B)(13) (Preauthorized Payments) of this Agreement. In addition, you may not stop payment on checks governed by separate agreement, such as a check guaranty agreement. Your Further, you may generally not stop payment order will be effective for six on an item after acceptance of the item by us, except as set forth in Section X(B)(13) (6Preauthorized Payments) months, of this Agreement and can be renewed for six except as specifically allowed under NACHA Rules (6defined herein) more months for an additional feewith regard to ACH transactions. We have no obligation to notify may charge you when your stop payment order expires. If you want to release a fee for each stop payment order, you must tell us in writing. If the check is presented for payment after a stop payment order expires, we may pay the check. In some cases, we may pay a check even if a stop payment order is in effect. For example, if we or another person or entity becomes a “holder in due course” of a check that you ask us to stop, we may still pay the check. When you place a stop payment order, you agree to indemnify us for all Losses we incur due to our refusal to pay the Item. You assign to us all rights against the payee or any other holder of the check. You agree to cooperate with us in any legal actions that we may take against these parties. Applicable Law may permit other limitations on our obligation to stop payments. Refer to Section 8 of this Agreement, “Electronic Funds Transfers,” for how to place a stop payment on electronic payments.

Appears in 2 contracts

Sources: Deposit Account Agreement, Deposit Account Agreement

Stop Payment Orders. If you do not want us to pay a check drawn on your account, you have issued, you can a right to request us to that we do not pay the check. We will accept a stop payment request from any account owner, regardless of that which account owner signed the check. Any Authorized Representative account owner may order cancel a stop payment order. You can exercise this right by notifying us to in person or by writing or calling us. You may generally stop payment on a check drawn on your account, provided that we have not accepted, certified, paid in cash, made final payment on or otherwise become accountable for such check, except to the extent otherwise required by Applicable Law. Stop payment requests must be timely and we will charge a fee. See describe the fee schedule applicable to your Account for details. Your stop payment order must include your Account check by the exact account number, the check number and date amount of your the check. You must also provide any other information we reasonably request that would assist us in identifying the check (for example, the amount, and the name of the payeeperson the check is made out to and the date of the check). We are not responsible for stop payment orders with incorrect or incomplete information. If you make your stop payment order orally and do not confirm it in writing within fourteen (14) calendar days, we may not continue to honor it. Our acceptance of a stop payment order will not constitute a representation that the Item has not already been paid or that the Bank has had must be given a reasonable opportunity to act upon the orderon any stop payment request before it can be considered effective. Your stop payment order request will take effect only after we receive all required documents from yougenerally be effective when it is processed in your account. If the information you give us is not correct, does not reasonably describe the check or is not provided timely so as to give us a reasonable opportunity to act on your request, we verify are not responsible if we are not able to stop payment on the check. Oral stop payment requests received by our Customer Care Center and stop payment requests submitted through On-Line Banking are treated as written requests due to the authentication process that occurs and the record created from the request and are valid for 6 months. Oral stop payment requests not received by our Customer Care Center are only valid for 14 days, although we may, in our sole discretion, extend the time that your oral stop payment request is valid. If you would like your oral stop payment request to remain effective for longer than 14 days, you must provide us with a written stop payment request. If you do not confirm your oral stop payment request in writing during this time period and the check is unpaidpresented to us for payment following the expiration of this time period, we record may pay it without notice and without any liability to you. A written stop payment request is valid for 6 months, unless you renew your request before the expiration of this time period. We will not inform you when a stop payment order is about to expire. Otherwise, if you do not timely renew your request in writing and the check is presented to us for payment, we may pay it without any liability to you. You may send a written stop payment request to any of our branch offices. Stop payment requests may not be issued on Treasurer’s checks. We may, however, replace a lost, stolen or destroyed bank check, provided you comply with our established procedures. If the original bank check is presented to us for payment before your Accountclaim becomes effective, and we have had sufficient time to notify may pay the impacted areas of the Bank (which may take several days)check, and we will not be liable if we pay the check or to you for any related Losses you incur before that check. The amount of the stop payment order has taken effect. We cannot stop payment request fee is disclosed on a check we have already cashed or a deposited check where the funds have already been withdrawn. You may not stop payment on money orders issued by the Bank or on official, certified, cashier’s, or teller’s checks issued by the Bank. In addition, you may not stop payment on checks governed by separate agreement, such as a check guaranty agreement. Your stop payment order will be effective for six (6) months, and can be renewed for six (6) more months for an additional fee. We have no obligation to notify you when your stop payment order expires. If you want to release a stop payment order, you must tell us in writing. If the check is presented for payment after a stop payment order expires, we may pay the check. In some cases, we may pay a check even if a stop payment order is in effect. For example, if we or another person or entity becomes a “holder in due course” of a check that you ask us to stop, we may still pay the check. When you place a stop payment order, you agree to indemnify us for all Losses we incur due to our refusal to pay the Item. You assign to us all rights against the payee or any other holder of the checkSchedule. You agree to cooperate with pay us in any legal actions that we may take against these parties. Applicable Law may permit other limitations on our obligation to stop payments. Refer to Section 8 of this Agreement, “Electronic Funds Transfers,” a fee for how to place a every stop payment on electronic paymentsrequest we receive from you.

Appears in 2 contracts

Sources: Deposit Account Agreement, Deposit Account Agreement

Stop Payment Orders. If you do not want us to pay a check you have issued, you can Any owner or authorized signer on your account may request us to stop payment of that check. Any Authorized Representative may order us to stop payment on a check and we will charge a feeor transaction. See If the fee schedule applicable signature of more than one person is required to draw on your Account for detailsaccount, any such person individually may make the stop payment request. Your stop payment order must include your Account the account number, the number check number, exact amount (dollars and cents), check or transaction date of your check, the amount, and the name of the payee. We are will not responsible be liable for paying a check or transaction over a stop payment order if the order is incomplete or incorrect, and to be effective we must receive stop payment orders with incorrect at a time and in a manner which affords us a reasonable opportunity to act upon them. There is a per check/transaction charge for each stop payment order. Stop payment orders in a dated, authenticated writing are valid for six months from the date of your stop payment request, after which time the stop payment order expires automatically without further notice. After that time, the item may be paid and charged to your account unless you renew the stop payment order for an additional fee. To renew the stop payment order you must place a new stop payment order in a dated, authenticated writing within the period during which the original stop payment order is effective. To the fullest extent permitted at law, we are not required to accept oral stop payment orders, and reserve the right to require a dated, authenticated writing describing the check or incomplete informationitem by number, date, payee name and exact dollar amount. After an oral stop payment order is requested and accepted, we will mail our confirmation notice of the stop payment order to your address on file, which notice will serve as confirmation of your request and which we will assume to be an accurate record of your request unless you notify us immediately in writing following receipt of the notice that it is inaccurate. If you make your stop payment order orally and do not confirm it in writing receive such written confirmation within fourteen (14) calendar daysdays of an oral stop payment order, we may or if you do not continue to honor it. Our acceptance of provide us with a dated, authenticated writing providing all information specified above within that fourteen (14) day period, the oral stop payment order will not constitute a representation lapse following the expiration of that fourteen (14) day period. Our records will be conclusive evidence of the Item has not already been paid or that the Bank has had a reasonable opportunity to act upon the order. Your existence, details of, and our decision regarding any oral stop payment order will take effect only after we receive all required documents from you, we verify that the check is unpaid, we record it on your Account, and we have had sufficient time to notify the impacted areas of the Bank (which may take several days), and we will not be liable if we pay the check or for any related Losses you incur before the stop payment order has taken effect. We cannot stop payment on a check we have already cashed or a deposited check where the funds have already been withdrawnits revocation. You may not stop payment on money orders issued by the Bank or on official, certifiedpoint-of-sale Debit Card transactions, cashier’s’s checks, or teller’s checks issued or payments guaranteed by the Bankus. In additionUnder certain circumstances, however, you may not be able to claim a refund on lost, stolen or destroyed cashier’s checks ninety (90) days following the date of their issuance. Please note that electronic stop payment on checks governed by separate agreement, such as a check guaranty agreement. Your stop payment order will requests (through our online banking service) may not be effective for six (6) monthsin stopping the payment of checks that have been posted to, and can be renewed for six (6) more months for an additional feebut not finally paid from, your account on the preceding day. We have no obligation In order to notify you when your stop payment order expires. If you want to release a stop payment orderprevent those checks from being paid, you must tell us contact one of our customer representatives in writingperson, by telephone or in writing within one hour after we open on the day following the day we post the items to your account. If You also should contact a representative if you wish to stop the check is presented for payment after a stop payment order expires, we may pay the check. In some cases, we may pay a check even if a stop payment order is in effect. For example, if we or another person or entity becomes a “holder in due course” of a check that you ask us has been converted to stop, we may still pay an electronic transaction by a merchant. Electronic transactions are often processed on the check. When you place same day and cannot be stopped with a regular check stop payment order, you agree to indemnify us for all Losses we incur due to our refusal to pay the Item. You assign to us all rights against the payee or any other holder of the check. You agree to cooperate with us in any legal actions that we may take against these parties. Applicable Law may permit other limitations on our obligation to stop payments. Refer to Section 8 of this Agreement, “Electronic Funds Transfers,” for how to place a stop payment on electronic payments.

Appears in 2 contracts

Sources: Deposit Account Agreement, Deposit Account Agreement

Stop Payment Orders. If you do not want us to pay a check you have issued, you can request us to stop payment of that check. Any Authorized Representative You may order us ask the Credit Union to stop payment on any paper draft drawn upon your account. You may request a check and we will charge a fee. See the fee schedule applicable to your Account for details. Your stop payment by telephone, mail or in person. The stop payment will be effective if the Credit Union receives the order must include your Account number, in time for the Credit Union to act upon the order and you state the number and date of your checkthe account, number of the amountdraft, and its exact amount. You understand that the name of exact information is necessary for the payeeCredit Union’s computer to identify the draft. We are not responsible for stop payment orders with If you give the Credit Union incorrect or incomplete information, the Credit Union will not be responsible for failing to stop payment on the draft. If you make your the stop payment order orally is not received in time for the Credit Union to act upon the order, the Credit Union will not be liable to you or to any other party for payment of the draft. If we recredit your account after paying a draft over a valid and do not confirm it timely stop payment order, you agree to sign a statement describing the dispute with the payee, to transfer all of your rights against the payee or other holders of the draft to the Credit Union, and to assist the Credit Union in writing legal action taken against the payee. You may make an oral order, which will lapse within fourteen (14) calendar days, we may days unless confirmed in writing within that time. A written stop payment order is effective for six (6) months unless you renew the stop payment request in writing. The Credit Union is not continue obligated to honor it. Our acceptance of notify you when a stop payment order will not constitute expires. The Credit Union may charge a representation that the Item has not already been paid or that the Bank has had fee for each draft for which a reasonable opportunity to act upon the order. Your stop payment order will take effect only after we receive all required documents from youis requested, we verify that as set forth on the check is unpaid, we record it on your Account, and we have had sufficient time to notify the impacted areas of the Bank (which may take several days), and we will not be liable if we pay the check or for any related Losses you incur before the stop payment order has taken effect. We cannot stop payment on a check we have already cashed or a deposited check where the funds have already been withdrawnFee Schedule. You may not stop payment on money orders issued any certified check, cashier’s check, teller’s check, official check, or any other check, draft, or payment guaranteed by the Bank or on official, certified, cashier’s, or teller’s checks issued by Credit Union. You should be aware that while payment of the Bank. In additionitem may be stopped, you may not stop payment on checks governed by separate agreementmight remain liable to any person, such as including the Credit Union, who is a check guaranty agreement. Your stop payment order will be effective for six (6) months, and can be renewed for six (6) more months for an additional fee. We have no obligation to notify you when your stop payment order expires. If you want to release a holder of the item despite the stop payment order, you must tell us in writing. If the check is presented for payment after a stop payment order expires, we may pay the check. In some cases, we may pay a check even if a stop payment order is in effect. For example, if we or another person or entity becomes a “holder in due course” of a check that you ask us to stop, we may still pay the check. When you place a stop payment order, you agree to indemnify us for all Losses we incur due to our refusal to pay the Item. You assign to us all rights against the payee or any other holder of the check. You agree to cooperate with us indemnify and hold the Credit Union harmless from all costs, including attorney’s fees, damages or claims related to the Credit Union’s action in refusing payment of an item, including claims of any legal actions that we may take against these parties. Applicable Law may permit other limitations on our obligation multiple party account owner, payee, or endorsee in failing to stop paymentspayment of an item as a result of incorrect information provided by you. Refer Please note that your rights to Section 8 of this Agreement, “Electronic Funds Transfers,” for how to place a stop payment on electronic paymentsfunds transfers are limited in that stop payments can only be processed on recurring preauthorized transfers to third parties. The terms and conditions for stopping payment on these transfers are covered in our Electronic Funds Transfer Agreement and Disclosure below.

Appears in 1 contract

Sources: Membership & Account Agreement

Stop Payment Orders. If you do not want us to pay a check you have issued, you can Any owner or authorized signer on your Account may request us to stop payment of that check. Any Authorized Representative may order us to stop payment on a check and we will charge a fee. See the fee schedule applicable to your Account for detailsCheck or transaction. Your stop payment order must include your the Account number, the number Check number, exact amount (dollars and cents), Check or transaction date of your check, the amount, and the name of the payee. We are will not responsible be liable for stop payment orders with incorrect paying a Check or incomplete information. If you make your stop payment order orally and do not confirm it in writing within fourteen (14) calendar days, we may not continue to honor it. Our acceptance of transaction if a stop payment order will not constitute is incomplete or incorrect. We must receive stop payment orders in a representation manner that the Item has not already been paid or that the Bank has had a affords us reasonable opportunity time to act upon them. There is a per-Check charge for each stop payment order, as shown in the orderFee Schedule. Your Each stop payment order will take effect only after we receive all required documents from youis valid for 6 months. After that time, we verify that if the check Check is unpaidpresented, we record it on may be charged to your Account, and we have had sufficient time to notify the impacted areas of the Bank (which may take several days), and we will not be liable if we pay the check or for any related Losses Account unless you incur before renew the stop payment order has taken effectfor an additional fee. We may elect to accept oral stop payment orders for every type of transaction, but are not required to do so. If we accept an oral stop payment order, we may require you to submit or confirm it in writing. Without a stop payment order in writing, our electronic records will be considered proof of the stop payment order details or of its revocation. You cannot rely on a stop payment request delivered to us through our automated telephone or online banking to be effective in stopping the payment of a Check that was Posted to your Account on the preceding Business Day. You need to call us or visit a check we have already cashed or branch to confirm if a deposited check where the funds have already been withdrawnstop payment can be placed on such Checks. You may not stop payment on money orders issued by the Bank or on official, certifiedelectronic point-of-sale Debit Card transactions, cashier’s’s Checks or Checks or payments guaranteed by us. Under certain circumstances, or teller’s checks issued by the Bank. In additionhowever, you may not be able to claim a refund on lost, stolen or destroyed ▇▇▇▇▇▇▇’s Checks 90 days or later following the date of their issuance. You should contact a representative if you wish to stop the payment of a Check that has been converted to an electronic transaction by a merchant. For more information on stop payments on preauthorized Electronic Fund Transfers see the subsection titled “Stop Payments for Preauthorized Electronic Fund Transfers” in the section titled “ACH Payments, Credits and Transfers” in the agreement titled “Bank of Hawaii Business Electronic Banking Services Agreement.” You agree to indemnify, defend and hold us harmless from all actions, claims and damages related to or arising from our action in stopping payment on checks governed by separate agreement, such as a check guaranty agreement. Your stop payment order will be effective for six (6) months, and can be renewed for six (6) more months for an additional fee. We have no obligation any Check or transaction pursuant to notify you when your stop payment order expires. If you want to release a stop payment order, you must tell us in writing. If the check is presented for payment after a stop payment order expires, we may pay the check. In some cases, we may pay a check even if a stop payment order is in effect. For example, if we or another person or entity becomes a “holder in due course” of a check that you ask us to stop, we may still pay the check. When you place a stop payment order, you agree to indemnify us for all Losses we incur due to our refusal to pay the Item. You assign to us all rights against the payee or any other holder of the check. You agree to cooperate with us in any legal actions that we may take against these parties. Applicable Law may permit other limitations on our obligation to stop payments. Refer to Section 8 of this Agreement, “Electronic Funds Transfers,” for how to place a stop payment on electronic payments.

Appears in 1 contract

Sources: Business Deposit Account Agreement

Stop Payment Orders. If you do not want us to pay Stop Payment Order Request You may request a check you have issued, you can request us to stop payment of that checkpay- ment order on any draft drawn on your account. Any Authorized Representative You may order us to stop payment on make a check and we will charge a fee. See the fee schedule applicable to your Account for details. Your stop payment order must include your Account number, the number and date of your check, the amount, and the name of the payee. We are not responsible for stop payment orders with incorrect or incomplete information. If you make your stop payment order orally and do not confirm it verbal notice which lapses in writing within fourteen (14) calendar days, we days unless confirmed in writing. A written notice is effective for twelve (12) months & may be renewed in writing from time to time. We do not continue have to honor it. Our acceptance of notify you when a stop payment order expires. To be binding an order must be dated, signed & describe the account, draft number, and the exact amount. The stop payment will be effective if we receive the order in time for us to act upon the order & you state the number on the account, number of the draft & its exact amount. You understand that the exact information is necessary for our computer to identify the draft. If you give us incorrect or incomplete information, we will not constitute a representation that be responsi- ble for failing to stop payment on the Item has draft. If the stop payment order is not already been paid or that the Bank has had a reasonable opportunity received in time for us to act upon the order. Your stop payment order will take effect only after we receive all required documents from you, we verify that the check is unpaid, we record it on your Account, and we have had sufficient time to notify the impacted areas of the Bank (which may take several days), and we will not be liable if to you or to any other party for payment of the draft. If we pay the check or for any related Losses you incur before the re-credit your account after paying a draft over a valid and timely stop payment order has taken effectorder, you agree to sign a statement describing the dispute with the payee, to transfer to us all of your rights against the payee or other holders of the draft and to assist in any legal action. We cannot Liability Fees for stop payment on a check we have already cashed or a deposited check where orders are set forth in the funds have already been withdrawnRate & Fee Schedule. You may not stop payment on money orders issued by the Bank or on official, certifiedany certified check, cashier’s’s check or any other check, draft or teller’s checks issued payment guaranteed by the Bankus. In additionAlthough pay- ment of an item may be stopped, you may not stop payment on checks governed by separate agreementremain liable to any item holder, such as a check guaranty agreement. Your stop payment order will be effective for six (6) months, and can be renewed for six (6) more months for an additional fee. We have no obligation to notify you when your stop payment order expires. If you want to release a stop payment order, you must tell us in writing. If the check is presented for payment after a stop payment order expires, we may pay the check. In some cases, we may pay a check even if a stop payment order is in effect. For example, if we or another person or entity becomes a “holder in due course” of a check that you ask us to stop, we may still pay the check. When you place a stop payment order, you agree to indemnify us for all Losses we incur due to our refusal to pay the Item. You assign to us all rights against the payee or any other holder of the checkincluding us. You agree to cooperate with indemnify and hold us harmless from all costs, including attorney’s fees, damages, or claims related to our refusing payment of an item, including claims of any multiple party account, owner, payee, or endorser in any legal actions that we may take against these parties. Applicable Law may permit other limitations on our obligation failing to stop payments. Refer to Section 8 payment of this Agreement, “Electronic Funds Transfers,” for how to place an item as a stop payment on electronic paymentsresult of incorrect information provided by you.

Appears in 1 contract

Sources: Membership & Account Agreement

Stop Payment Orders. If you do not don’t want us to pay a check you have issuedspecific written Instrument such as a personal check, you can request ask us to stop payment of that checkplace a “Stop Pay- ment Order” on the Instrument. Any Authorized Representative may order You can notify us to stop payment on a check and we will charge a fee. See the fee schedule applicable to your Account for detailsby mail, telephone, electronically, or in person. Your stop payment order must include Stop Payment Order will take effect when we record it on your Account account, unless check is in transit. A Stop Payment Order will not be valid and binding on us unless your Stop Payment Order includes your account number, the number and date of your check, the amountcheck number, and the name of the payee. We are not responsible for stop payment orders with incorrect or incomplete as required, other identifying information. If this is a multiple party account, we will accept a Stop Payment Order from any Owner regardless of who signed the Instrument or otherwise authorized the Transaction. Stop Payment Order may be released by any account Owner. We will charge you make your stop payment order orally and do a service charge for any Stop Payment Order as set forth in the Schedule, which sum may be transferred by us from any Owner’s account(s) or paid directly to the Credit Union. If you give an oral Stop Payment Order that is not confirm it confirmed in writing by you or us within fourteen (14) calendar days, we your Stop Payment Order will expire and the Instrument may not continue to honor itthereafter be paid by us. Our acceptance of a stop payment order will not constitute a representation that the Item has not already been paid or that the Bank has had a reasonable opportunity to act upon the order. Your stop payment order will take effect only after we receive all required documents from youIf you provide written confirmation, we verify that the check is unpaid, we record it on your Account, and we have had sufficient time to notify the impacted areas of the Bank (which may take several days), and we will not be liable if we pay the check or for any related Losses you incur before the stop payment order has taken effect. We cannot stop payment on a check we have already cashed or a deposited check where the funds have already been withdrawn. You may not stop payment on money orders issued by the Bank or on official, certified, cashier’s, or teller’s checks issued by the Bank. In addition, you may not stop payment on checks governed by separate agreement, such as a check guaranty agreement. Your stop payment order Stop Payment Order will be effective for a period of six (6) months. Further, you agree that the Credit Union, in its sole discretion, may confirm any Stop Payment Order in writing by sending a notice to the address shown in our records, but has no obligation to do so. Such written confirmation by us will also be effective for a period of six (6) months. To extend the Stop Payment Order for an additional six (6) months, and can you must deliver to us an additional written request that provides all of the information required for an initial Stop Payment Order as described above in this paragraph. The Credit Union will not be renewed responsible for any loss as a result of honoring a check: (1) more than fourteen (14) days after receipt of your oral order to stop payment; (2) more than six (6) months after your written order to stop payment, our written confirmation, or more than six (6) months for an additional feeafter a written extension as provided herein; (3) through inadvertence, oversight or accident, we honor any postdated check; or (4) if you fail to provide us with complete or accurate information. We have no obligation to notify you when accept any order to stop payment on any certified check, cashier’s check, teller’s check or other Instrument guaranteed by us. You will be responsible to the Credit Union if any claim or demand is made against us as a result of our acting in accordance with your stop payment order expiresorder. If This means that you want are required to release reimburse us for any loss or damages and reasonable costs, expenses or attorneys’ fees that we incur in defending the Credit Union against any claims or demands made against us as a result of following your stop payment order, you must tell us in writing. If the check is presented for payment after a available, any stop payment order expires, we may pay the check. In some cases, we may pay a check even if a stop payment order is in effect. For example, if we receive by electronic mail or another person or entity becomes a “holder in due course” of a check that you ask us to stop, we may still pay the check. When you place a stop payment by similar means shall be treated as an oral order, you agree to indemnify us for all Losses we incur due to our refusal to pay the Item. You assign to us all rights against the payee or any other holder of the check. You agree to cooperate with us in any legal actions that we may take against these parties. Applicable Law may permit other limitations on our obligation to stop payments. Refer to Section 8 of this Agreement, “Electronic Funds Transfers,” for how to place a stop payment on electronic payments.

Appears in 1 contract

Sources: Membership and Account Agreement

Stop Payment Orders. If you do Business Customer does not want us Bank to pay a check you have issuedwritten on any Account, you can Business Customer may make a request us to stop payment of that checkif the check has not been paid, accepted or certified. Any Authorized Representative Business Customer must notify Bank during regular business hours and in such a manner as to afford Bank reasonable opportunity to act before the check is paid. (Business Customer may order us not notify Bank by e-mail without Bank’s specific prior written consent.) Bank reserves the right to take up to twenty-four (24) hours to determine whether Bank can act on a stop payment request. If Business Customer notifies Bank through Firstrust Online Banking, which is also available during non-business hours, any such after-hours request will not be acted upon until the next Business Day. In no event shall Bank be liable if Bank pays the item on the same day Bank receives Business Customer’s stop payment request. Bank has no obligation to honor stop payment orders on cashier’s checks or other bank official checks or money orders. Bank may, in its sole discretion, attempt to stop payment on a cashier’s check or other bank official check or money order, if you certify to our satisfaction that the item has been lost, stolen, or destroyed. You must also furnish any other documents or information we may require, which may include your affidavit attesting to the facts and we will charge your indemnification of Bank. Even if Bank agrees to attempt a fee. See the fee schedule applicable to your Account for details. Your stop payment order on a cashier’s check or other bank official check or money order, if the item is presented for payment, Bank may pay it and you will be liable to Bank for that item, unless otherwise required by applicable law. Stop payment requests may be made by any Authorized Person on the Account on any item drawn on the Account, even if that person’s signature is not itself sufficient to sign checks and regardless of whether Business Customer signed the item. A stop payment request may be revoked or released but only by the person who initiated the stop payment order. Stop payment requests must include your the Account number, the number and date of your check, the exact amount, date, and check number. Business Customer should also tell Bank such other information as Bank shall require, such as the name of the payee. We payee and the elements that are not responsible for stop payment orders with incorrect or incomplete informationcaptured on the magnetic ink character recognition (“MICR”) line. If you make your stop payment order orally and do Business Customer generates checks by computer, or in any other manner which does not confirm it in writing within fourteen (14) calendar daysproduce a MICR-encoded check number meeting Bank’s specifications, we may if any information Business Customer tells Bank is incomplete or incorrect, if Business Customer has issued more than one check with the same check number, or if Bank does not continue to honor it. Our acceptance of a stop payment order will not constitute a representation that the Item has not already been paid or that the Bank has had have a reasonable opportunity to act upon the order. Your stop payment order will take effect only after we receive all required documents from you, we verify that the check is unpaid, we record it on your Account, and we have had sufficient time to notify the impacted areas of the Bank (which may take several days), and we will not be liable if we pay the check or for any related Losses you incur before the stop payment order has taken effect. We cannot stop payment on a check we have already cashed or a deposited check where the funds have already been withdrawn. You may not stop payment on money orders issued by the Bank or on official, certified, cashier’s, or teller’s checks issued by the Bank. In addition, you may not stop payment on checks governed by separate agreement, such as a check guaranty agreement. Your stop payment order will be effective for six (6) months, and can be renewed for six (6) more months for an additional fee. We have no obligation to notify you when your stop payment order expires. If you want to release a stop payment orderrequest, you must tell us in writingthen Bank will be unable to guarantee that Business Customer’s stop payment request will be honored. If Stop payment orders are valid only for a period of 180 days, unless renewed before the check is presented for payment after expiration of the 180-day period. When the effective period of a stop payment order expires, we may pay Bank has no duty to notify Business Customer before Bank pays the checkitem. In some casesIf any information Business Customer gives Bank is incomplete or inaccurate, we may pay Bank will not be liable for paying the check or other item. Bank will not be liable for mere clerical error, inadvertence, or a check even reasonable mistake of judgment if a stop Bank makes payment order is in effect. For example, if we or another person or entity becomes a “holder in due course” of a check that you ask us to stop, we may still pay the check. When you place over a stop payment order, you agree . Business Customer agrees to indemnify us reimburse Bank for all Losses we incur due resulting expenses and losses if Bank makes such payment and other checks you write are returned unpaid because of insufficient funds. If Bank re-credits Business Customer’s Account after the payment of an item over a valid stop payment order, Business Customer agrees to our refusal transfer to pay the Item. You assign to us Bank all rights against the payee or any other holder of the check. You agree check and to cooperate with us assist Bank in any legal actions that we action Bank may take against these partiesthat person. Applicable Law may permit other limitations on our obligation If Business Customer makes or renews a stop payment request, Business Customer agrees to pay Bank’s stop paymentspayment fee and to reimburse Bank for all costs and expenses Bank incurs, including Bank’s attorneys' fees, because of Bank’s refusal to pay the check. Refer If Business Customer has told Bank in advance to Section 8 of this Agreementmake regular ACH payments from Business Customer’s Account, “Electronic Funds Transfers,” for how to Business Customer can place a stop payment on electronic payments.any of these payments by notifying Bank at least three

Appears in 1 contract

Sources: Master Commercial Account Agreement

Stop Payment Orders. If you do not want us to pay a check you have issued, you can request us to stop payment of that check. Any Authorized Representative authorized signer on an account may order us to stop payment on a check and we will charge a fee. See or draft drawn onthe account, if the fee schedule applicable to your Account for details. Your stop payment order must include your Account number, the number and date of your check, the amount, and the name of the payee. We are not responsible for stop payment orders with incorrect check or incomplete information. If you make your stop payment order orally and do not confirm it in writing within fourteen (14) calendar days, we may not continue to honor it. Our acceptance of a stop payment order will not constitute a representation that the Item draft has not already been paid or that cashed by the Bank has had Bank. You may request a reasonable opportunity to act upon the order. Your stop payment order will take effect only after we receive all required documents from you, we verify that the check is unpaid, we record it on your Account, and we have had sufficient time to notify the impacted areas of the Bank (which may take several days), and we will not be liable if we pay the check or for any related Losses you incur before the stop payment order has taken effect. We cannot stop payment on a check we have already cashed or a deposited check where an Automated Clearing House (ACH) debit to your account if the funds have item has not already been withdrawnpaid. You are responsible for notifying the originator/sender that you have revoked your previous authorization for ACH debits. Please refer to the ELECTRONIC FUND TRANSFER AGREEMENT & DISCLOSURES section for more details. You may not stop payment on money orders issued a Debit Card point-of-sale transaction, ATM transaction or a transaction that you initiate by check, which a merchant converts to an electronic transfer at the Bank point of sale. You must describe with certainty the check or on officialdraft to be stopped. If you do not provide the check number, certifiedpayee and the exact amount of the item, cashier’s, we will not be liable for misidentification or teller’s checks issued by payment of the Bank. In addition, you may not item and failure to honor the stop payment on checks governed by separate agreement, such as a check guaranty agreementorder. Your A stop payment order will must be effective for six (6) months, and can be renewed for six (6) more months for an additional fee. We have no obligation received in such a manner that affords us a reasonable opportunity to notify you when your stop payment order expires. If you want to release a stop payment order, you must tell us in writing. If the check is presented for payment after a stop payment order expires, we may pay the checkact upon it. In some cases, we may pay a check an item even if a stop payment order is in effectprocess. For example, if we or another person or entity becomes a “holder in due course” one of our banking offices, without notice of your request, cashes a check that you ask have asked us to stop, we may still pay the check. When you place If the Bank pays an item over a valid and timely stop payment order, the Bank is responsible only to the extent that you can establish that you have incurred actual damages. If your account is re-credited, you agree to indemnify us for all Losses we incur due to our refusal to pay the Item. You assign transfer to us all of your rights against the payee or any other holder of the check. You agree item, and to cooperate with assist us in any legal actions action taken later against that we may take against these partiesperson. Applicable Law may permit other limitations on our obligation to stop payments. Refer to Section 8 of this Agreement, “Electronic Funds Transfers,” There is a fee for how to place the special handling involved with a stop payment order. If you make an oral stop payment, you will be required to confirm the request in writing within 14 days after the Bank received the oral stop payment, unless the Bank sends a stop payment confirmation, which will suffice as the written request. A stop payment order on electronic paymentsa check for a consumer account or a check or ACH for a non-consumer account will be effective for six months from the date of the written request unless renewed prior to the expiration of the request. If not renewed, an item that is presented or re-presented to the Bank for payment may be paid. Each renewal is treated as a new stop payment order and subject to the Bank’s stop payment fee. A release or cancellation of a stop payment order may be given by any Depositor or authorized signer on the account; however, such a release or cancellation must be delivered to us in writing unless the Bank sends a stop payment release or cancellation confirmation, which will suffice as the written request.

Appears in 1 contract

Sources: Deposit Account Agreement

Stop Payment Orders. If you do not want us to pay a check you have issued, you can Any owner or authorized persons on your Account may request us to stop payment of that check. Any Authorized Representative may order us to stop payment on a check and we will charge a fee. See the fee schedule applicable to your Account for detailscheck. Your stop payment order must include your the Account number, the number check number, exact amount (dollars and cents), check or transaction date of your check, the amount, and the name of the payee. We are will not responsible be liable for stop payment orders with incorrect paying a check or incomplete information. If you make your stop payment order orally and do not confirm it in writing within fourteen (14) calendar days, we may not continue to honor it. Our acceptance of transaction if a stop payment order will not constitute is incomplete or incorrect. We must receive stop payment orders in a representation manner that the Item has not already been paid or that the Bank has had a affords us reasonable opportunity time to act upon them. There is a per-check charge for each stop payment order, as shown in the orderFee Schedule. Your Each stop payment order will take effect only after we receive all required documents from youis valid for 185 calendar days. After that time, we verify that if the check is unpaidpresented, we record it on may be charged to your Account, and we have had sufficient time to notify the impacted areas of the Bank (which may take several days), and we will not be liable if we pay the check or for any related Losses Account unless you incur before renew the stop payment order has taken effect. We cannot stop payment on a check we have already cashed or a deposited check where the funds have already been withdrawn. You may not stop payment on money orders issued by the Bank or on official, certified, cashier’s, or teller’s checks issued by the Bank. In addition, you may not stop payment on checks governed by separate agreement, such as a check guaranty agreement. Your stop payment order will be effective for six (6) months, and can be renewed for six (6) more months for an additional fee. We have no obligation may elect to notify you when your accept oral stop payment order expiresorders for every type of transaction, but are not required to do so. If you want to release a we accept an oral stop payment order, we may require you must tell us to submit or confirm it in writing. If the check is presented for payment after Without a stop payment order expiresin writing, we may pay our electronic records will be considered proof of the checkstop payment order details or of its revocation. In some cases, we may pay You cannot rely on a stop payment request delivered to us through our automated telephone or online banking to be effective in stopping the payment of a check even that was Posted to your Account on the preceding Business Day. You need to call us or visit a branch to confirm if a stop payment order is in effectcan be placed on such checks. For examplemore information on stop payments on preauthorized Electronic Fund Transfers see the subsection titled “Stop Payments on Preauthorized Electronic Fund Transfers” in the section titled “Payments, if we or another person or entity becomes a Credits and Transfers” in the agreement titled holder in due courseBank of Hawaii Consumer Electronic Banking Services Agreement.of a check that you ask us to stop, we may still pay the check. When you place a stop payment order, you agree to indemnify us for all Losses we incur due to our refusal to pay the Item. You assign to us all rights against the payee or any other holder of the check. You agree to cooperate with repay, defend and hold us in any legal actions that we may take against these parties. Applicable Law may permit other limitations on harmless from all actions, claims and damages arising from our obligation obeying your order to stop payments. Refer to Section 8 of this Agreement, “Electronic Funds Transfers,” for how to place a stop payment on electronic paymentsany check or transaction.

Appears in 1 contract

Sources: Consumer Deposit Account Agreement

Stop Payment Orders. If you do not don’t want us to pay a check you have issuedspecific written Instrument such as a personal check, you can request ask us to stop payment of that checkplace a “Stop Payment Order” on the Instrument. Any Authorized Representative may order You can notify us to stop payment on a check and we will charge a fee. See the fee schedule applicable to your Account for detailsby mail, telephone, electronically, or in person. Your stop payment order must include Stop Payment Order will take effect when we record it on your Account account, unless check is in transit. A Stop Payment Order will not be valid and binding on us unless your Stop Payment Order includes your account number, the number and date of your check, the amountcheck number, and the name of the payee. We are not responsible for stop payment orders with incorrect or incomplete as required, other identifying information. If this is a multiple party account, we will accept a Stop Payment Order from any Owner regardless of who signed the Instrument or otherwise authorized the Transac- tion. Stop Payment Order may be released by any account Owner. We will charge you make your stop payment order orally and do a service charge for any Stop Payment Order as set forth in the Schedule, which sum may be transferred by us from any Owner’s account(s) or paid directly to the Credit Union. If you give an oral Stop Payment Order that is not confirm it confirmed in writing by you or us within fourteen (14) calendar days, we your Stop Payment Order will expire and the Instrument may not continue to honor itthereafter be paid by us. Our acceptance of a stop payment order will not constitute a representation that the Item has not already been paid or that the Bank has had a reasonable opportunity to act upon the order. Your stop payment order will take effect only after we receive all required documents from youIf you provide written confirmation, we verify that the check is unpaid, we record it on your Account, and we have had sufficient time to notify the impacted areas of the Bank (which may take several days), and we will not be liable if we pay the check or for any related Losses you incur before the stop payment order has taken effect. We cannot stop payment on a check we have already cashed or a deposited check where the funds have already been withdrawn. You may not stop payment on money orders issued by the Bank or on official, certified, cashier’s, or teller’s checks issued by the Bank. In addition, you may not stop payment on checks governed by separate agreement, such as a check guaranty agreement. Your stop payment order Stop Payment Order will be effective for a period of six (6) months. Further, you agree that the Credit Union, in its sole discretion, may confirm any Stop Payment Order in writing by sending a notice to the address shown in our records, but has no obligation to do so. Such written confirmation by us will also be effective for a period of six (6) months. To extend the Stop Payment Order for an additional six (6) months, and can you must deliver to us an additional written request that provides all of the information required for an initial Stop Payment Order as described above in this paragraph. The Credit Union will not be renewed responsible for any loss as a result of honoring a check: (1) more than fourteen (14) days after receipt of your oral order to stop payment; (2) more than six (6) months after your written order to stop payment, our written confir- mation, or more than six (6) months for an additional feeafter a written extension as provided herein; (3) through inadvertence, oversight or accident, we honor any postdated check; or (4) if you fail to provide us with complete or accurate information. We have no obligation to notify you when accept any order to stop payment on any certified check, cashier’s check, teller’s check or other Instrument guaranteed by us. You will be responsible to the Credit Union if any claim or demand is made against us as a result of our acting in accordance with your stop payment order expiresorder. If This means that you want are required to release reimburse us for any loss or damages and reasonable costs, expenses or attorneys’ fees that we incur in defending the Credit Union against any claims or demands made against us as a result of following your stop payment order, you must tell us in writing. If the check is presented for payment after a available, any stop payment order expires, we may pay the check. In some cases, we may pay a check even if a stop payment order is in effect. For example, if we receive by electronic mail or another person or entity becomes a “holder in due course” of a check that you ask us to stop, we may still pay the check. When you place a stop payment by similar means shall be treated as an oral order, you agree to indemnify us for all Losses we incur due to our refusal to pay the Item. You assign to us all rights against the payee or any other holder of the check. You agree to cooperate with us in any legal actions that we may take against these parties. Applicable Law may permit other limitations on our obligation to stop payments. Refer to Section 8 of this Agreement, “Electronic Funds Transfers,” for how to place a stop payment on electronic payments.

Appears in 1 contract

Sources: Membership and Account Agreement

Stop Payment Orders. If you do not don’t want us to pay a check you have issuedspecific written Instrument such as a personal check, you can request ask us to stop payment of that checkplace a “Stop Payment Order” on the Instru- ment. Any Authorized Representative may order You can notify us to stop payment on a check and we will charge a fee. See the fee schedule applicable to your Account for detailsby mail, telephone, electronically, or in person. Your stop payment order must include Stop Pay- ment Order will take effect when we record it on your Account account, unless check is in transit. A Stop Payment Order will not be valid and binding on us unless your Stop Payment Order includes your account number, the number and date of your check, the amountcheck number, and the name of the payee. We are not responsible for stop payment orders with incorrect or incomplete as required, other identifying information. If this is a multiple party account, we will accept a Stop Payment Order from any Owner regardless of who signed the Instrument or otherwise authorized the Transac- tion. Stop Payment Order may be released by any account Owner. We will charge you make your stop payment order orally and do a service charge for any Stop Payment Order as set forth in the Schedule, which sum may be transferred by us from any Owner’s account(s) or paid directly to the Credit Union. If you give an oral Stop Payment Order that is not confirm it confirmed in writing by you or us within fourteen (14) calendar days, we your Stop Payment Order will expire and the Instrument may not continue to honor itthereafter be paid by us. Our acceptance of a stop payment order will not constitute a representation that the Item has not already been paid or that the Bank has had a reasonable opportunity to act upon the order. Your stop payment order will take effect only after we receive all required documents from youIf you provide written confirmation, we verify that the check is unpaid, we record it on your Account, and we have had sufficient time to notify the impacted areas of the Bank (which may take several days), and we will not be liable if we pay the check or for any related Losses you incur before the stop payment order has taken effect. We cannot stop payment on a check we have already cashed or a deposited check where the funds have already been withdrawn. You may not stop payment on money orders issued by the Bank or on official, certified, cashier’s, or teller’s checks issued by the Bank. In addition, you may not stop payment on checks governed by separate agreement, such as a check guaranty agreement. Your stop payment order Stop Payment Order will be effective for a period of six (6) months. Further, you agree that the Credit Union, in its sole discretion, may confirm any Stop Payment Order in writing by sending a notice to the address shown in our records, but has no obligation to do so. Such written confirmation by us will also be effective for a period of six (6) months. To extend the Stop Payment Order for an additional six (6) months, and can you must deliver to us an additional written request that provides all of the information required for an initial Stop Payment Order as described above in this paragraph. The Credit Union will not be renewed responsible for any loss as a result of honoring a check: (1) more than fourteen (14) days after receipt of your oral order to stop payment; (2) more than six (6) months after your written order to stop payment, our written confir- mation, or more than six (6) months for an additional feeafter a written extension as provided herein; (3) through inadvertence, oversight or accident, we honor any postdated check; or (4) if you fail to provide us with complete or accurate information. We have no obligation to notify you when accept any order to stop payment on any certified check, cashier’s check, teller’s check or other Instrument guaranteed by us. You will be responsible to the Credit Union if any claim or demand is made against us as a result of our acting in accordance with your stop payment order expiresorder. If This means that you want are required to release reimburse us for any loss or damages and reasonable costs, expenses or attorneys’ fees that we incur in defending the Credit Union against any claims or demands made against us as a result of following your stop payment order, you must tell us in writing. If the check is presented for payment after a available, any stop payment order expires, we may pay the check. In some cases, we may pay a check even if a stop payment order is in effect. For example, if we receive by electronic mail or another person or entity becomes a “holder in due course” of a check that you ask us to stop, we may still pay the check. When you place a stop payment by similar means shall be treated as an oral order, you agree to indemnify us for all Losses we incur due to our refusal to pay the Item. You assign to us all rights against the payee or any other holder of the check. You agree to cooperate with us in any legal actions that we may take against these parties. Applicable Law may permit other limitations on our obligation to stop payments. Refer to Section 8 of this Agreement, “Electronic Funds Transfers,” for how to place a stop payment on electronic payments.

Appears in 1 contract

Sources: Membership and Account Agreement

Stop Payment Orders. If you do not want us to pay a check you have issued, you can Any owner or authorized signer on your account may request us to stop payment of that check. Any Authorized Representative may order us to stop payment on a check and we will charge a feeor transaction. See If the fee schedule applicable signature of more than one person is required to draw on your Account for detailsaccount, any such person individually may make the stop payment request. Your stop payment order must include your Account the account number, the number check number, exact amount (dollars and cents), check or transaction date of your check, the amount, and the name of the payee. We are will not responsible be liable for paying a check or transaction over a stop payment order if the order is incomplete or incorrect, and to be effective we must receive stop payment orders with incorrect at a time and in a manner which affords us a reasonable opportunity to act upon them. There is a per check/transaction charge for each stop payment order. Stop payment orders in a dated, authenticated writing are valid for six months from the date of your stop payment request, after which time the stop payment order expires automatically without further notice. After that time, the item may be paid and charged to your account unless you renew the stop payment order for an additional fee. To renew the stop payment order you must place a new stop payment order in a dated, authenticated writing within the period during which the original stop payment order is effective. To the fullest extent permitted at law, we are not required to accept oral stop payment orders, and reserve the right to require a dated, authenticated writing describing the check or incomplete informationitem by number, date, payee name and exact dollar amount. After an oral stop pay- ment order is requested and accepted, we will mail our confirmation notice of the stop payment order to your address on file, which notice will serve as confirmation of your request and which we will assume to be an accurate record of your request unless you notify us immediately in writing following receipt of the notice that it is inaccurate. If you make your stop payment order orally and do not confirm it in writing receive such written confirmation within fourteen (14) calendar daysdays of an oral stop payment order, we may or if you do not continue to honor it. Our acceptance of provide us with a dated, authenticated writing providing all information specified above within that fourteen (14) day period, the oral stop payment order will not constitute a representation lapse following the expiration of that fourteen (14) day period. Our records will be conclusive evidence of the Item has not already been paid or that the Bank has had a reasonable opportunity to act upon the order. Your existence, details of, and our decision regarding any oral stop payment order will take effect only after we receive all required documents from you, we verify that the check is unpaid, we record it on your Account, and we have had sufficient time to notify the impacted areas of the Bank (which may take several days), and we will not be liable if we pay the check or for any related Losses you incur before the stop payment order has taken effect. We cannot stop payment on a check we have already cashed or a deposited check where the funds have already been withdrawnits revocation. You may not stop payment on money orders issued by the Bank or on official, certifiedpoint-of-sale Debit Card transactions, cashier’s’s checks, or teller’s checks issued or payments guaranteed by the Bankus. In additionUnder certain circumstances, however, you may not be able to claim a refund on lost, stolen or destroyed cashier’s checks ninety (90) days following the date of their issuance. Please note that electronic stop payment on checks governed by separate agreement, such as a check guaranty agreement. Your stop payment order will requests (through our online banking service) may not be effective for six (6) monthsin stopping the payment of checks that have been posted to, and can be renewed for six (6) more months for an additional feebut not finally paid from, your account on the preceding day. We have no obligation In order to notify you when your stop payment order expires. If you want to release a stop payment orderprevent those checks from being paid, you must tell us contact one of our customer representatives in writingperson, by telephone or in writing within one hour after we open on the day following the day we post the items to your account. If You also should contact a representative if you wish to stop the check is presented for payment after a stop payment order expires, we may pay the check. In some cases, we may pay a check even if a stop payment order is in effect. For example, if we or another person or entity becomes a “holder in due course” of a check that you ask us has been converted to stop, we may still pay an electronic transaction by a merchant. Electronic transactions are often processed on the check. When you place same day and cannot be stopped with a regular check stop payment order, you agree to indemnify us for all Losses we incur due to our refusal to pay the Item. You assign to us all rights against the payee or any other holder of the check. You agree to cooperate with us in any legal actions that we may take against these parties. Applicable Law may permit other limitations on our obligation to stop payments. Refer to Section 8 of this Agreement, “Electronic Funds Transfers,” for how to place a stop payment on electronic payments.

Appears in 1 contract

Sources: Deposit Account Agreement

Stop Payment Orders. If you do Business Customer does not want us Bank to pay a check you have issuedwritten on any Account, you can Business Customer may make a request us to stop payment of that checkif the check has not been paid, accepted or certified. Any Authorized Representative Business Customer must notify Bank during regular business hours and in such a manner as to afford Bank reasonable opportunity to act before the check is paid. (Business Customer may order us not notify Bank by e-mail without Bank’s specific prior written consent.) Bank reserves the right to take up to twenty-four (24) hours to determine whether Bank can act on a stop payment request. If Business Customer notifies Bank through Firstrust Online Banking, which is also available during non-business hours, any such after-hours request will not be acted upon until the next Business Day. In no event shall Bank be liable if Bank pays the item on the same day Bank receives Business Customer’s stop payment request. Bank has no obligation to honor stop payment orders on cashier’s checks or other bank official checks or money orders. Bank may, in its sole discretion, attempt to stop payment on a cashier’s check or other bank official check or money order, if you certify to our satisfaction that the item has been lost, stolen, or destroyed. You must also furnish any other documents or information we may require, which may include your affidavit attesting to the facts and we will charge your indemnification of Bank. Even if Bank agrees to attempt a fee. See the fee schedule applicable to your Account for details. Your stop payment order on a cashier’s check or other bank official check or money order, if the item is presented for payment, Bank may pay it and you will be liable to Bank for that item, unless otherwise required by applicable law. Stop payment requests may be made by any Authorized Person on the Account on any item drawn on the Account, even if that person’s signature is not itself sufficient to sign checks and regardless of whether Business Customer signed the item. A stop payment request may be revoked or released but only by the person who initiated the stop payment order. Stop payment requests must include your the Account number, the number and date of your check, the exact amount, date, and check number. Business Customer should also tell Bank such other information as Bank shall require, such as the name of the payeepayee and the elements that are captured on the magnetic ink character recognition (“MICR”) line. We are If Business Customer generates checks by computer, or in any other manner which does not responsible for produce a MICR-encoded check number meeting Bank’s specifications, if any information Business Customer tells Bank is incomplete or incorrect, if Business Customer has issued more than one check with the same check number, or if Bank does not have a reasonable opportunity to act on a stop payment request, then Bank will be unable to guarantee that Business Customer’s stop payment request will be honored. Stop payment orders with incorrect or incomplete informationare valid only for a period of 180 days, unless renewed before the expiration of the 180-day period. If you make your When the effective period of a stop payment order orally expires, Bank has no duty to notify Business Customer before Bank pays the item. If any information Business Customer gives Bank is incomplete or inaccurate, Bank will not be liable for paying the check or other item. Bank will not be liable for mere clerical error, inadvertence, or a reasonable mistake of judgment if Bank makes payment over a stop payment order. Business Customer agrees to reimburse Bank for all resulting expenses and do not losses if Bank makes such payment and other checks you write are returned unpaid because of insufficient funds. If Bank re-credits Business Customer’s Account after the payment of an item over a valid stop payment order, Business Customer agrees to transfer to Bank all rights against the payee or other holder of the check and to assist Bank in any legal action Bank may take against that person. If Business Customer makes or renews a stop payment request, Business Customer agrees to pay Bank’s stop payment fee and to reimburse Bank for all costs and expenses Bank incurs, including Bank’s attorneys' fees, because of Bank’s refusal to pay the check. If Business Customer has told Bank in advance to make regular ACH payments from Business Customer’s Account, Business Customer can place a stop payment on any of these payments by notifying Bank at least three (3) Business Days before the scheduled payment date. If a check Business Customer wrote will be converted to an ACH payment, Business Customer’s stop payment request must be received by Bank so that Bank has a reasonable opportunity to act on it before Bank receives the ACH entry to charge the Account. Business Customer must confirm it all oral stop payment requests in writing (which may include via e-mail), within fourteen (14) calendar daysdays after the oral request, we to the address provided in this Agreement (or such other address as Bank may not continue to honor itprovide). Our acceptance of If Business Customer places a stop payment order will not constitute a representation that the Item has not already been paid or that the Bank has had a reasonable opportunity payment, Business Customer agrees to act upon the order. Your pay Bank’s stop payment order will take effect only after we receive all required documents from you, we verify that the check is unpaid, we record it on your Account, and we have had sufficient time to notify the impacted areas of the Bank (which may take several days), and we will not be liable if we pay the check or for any related Losses you incur before the stop payment order has taken effect. We cannot stop payment on a check we have already cashed or a deposited check where the funds have already been withdrawn. You may not stop payment on money orders issued by the Bank or on official, certified, cashier’s, or teller’s checks issued by the Bankfee. In addition, you may not stop payment on checks governed by separate agreement, such as a check guaranty agreement. Your stop payment order will be effective for six (6) months, and can be renewed for six (6) more months for an additional fee. We have no obligation to notify you when your stop payment order expires. If you want to release if Business Customer places a stop payment orderand Bank incurs any damages or expenses because of the stop payment, you must tell us in writingBusiness Customer agrees to indemnify Bank for those damages or expenses, including attorneys' fees. If Business Customer should be aware that anyone holding the check is presented for item may be entitled to enforce payment after a stop payment order expires, we may pay against Business Customer despite the check. In some cases, we may pay a check even if a stop payment order is in effect. For example, if we or another person or entity becomes a “holder in due course” of a check that you ask us to stop, we may still pay the check. When you place a stop payment order, you agree to indemnify us for all Losses we incur due to our refusal to pay the Item. You assign to us all rights against the payee or any other holder of the check. You agree to cooperate with us in any legal actions that we may take against these parties. Applicable Law may permit other limitations on our obligation to stop payments. Refer to Section 8 of this Agreement, “Electronic Funds Transfers,” for how to place a stop payment on electronic payments.

Appears in 1 contract

Sources: Master Commercial Account Agreement

Stop Payment Orders. If you do not want us to pay a check you have issued, you can request us to stop payment of that checka. Stop Payment Request. Any Authorized Representative You may order us ask the Credit Union to stop payment on checks or ACHs drawn on your account that we have not paid. You must tell us the exact amount of the check or ACH, check number, date of check or ACH payee and the full account number on which it is drawn for us to be able to enter a stop payment. If the information you give us is not correct or if you do not give us other reasonable information requested about the check and or ACH, we will charge a fee. See not be responsible if we are not able to effect the fee schedule applicable to your Account for details. Your stop payment order must include your Account number, the number and date of your check, the amount, and the name of the payeepayment. We also cannot be responsible if we are not responsible for stop payment orders able to identify the proper check because you have issued more than one check with incorrect or incomplete informationthe same serial number. If you make generate your checks by computer or in any other manner that does not produce a MICR-encoded check number on the check, we will be unable to guarantee that your stop payment order orally and do not confirm it in writing within fourteen (14) calendar days, will be honored. You therefore agree to hold us harmless should we may not continue be unable to honor it. Our acceptance of a stop payment order will not constitute a representation that the Item has not already been paid or that the Bank has had you have timely and correctly placed on your check with no MICR-encoded check number. We are entitled to a reasonable opportunity period of time within which to act upon the notify our employees after you give us a stop payment order. Your stop payment order will take effect only after we receive all required documents from you, we verify that A “reasonable time” means until the check is unpaid, we record it on your Account, and we have had sufficient time to notify the impacted areas end of the Bank (business day following the day on which may take several days), and we will not be liable if we pay the check or for any related Losses you incur before the stop payment order has taken effectwas placed. We canMoreover, we are not stop payment on obligated to re- credit your account if we pay a check we over a valid and timely stop order unless you are able to demonstrate that you would not have already cashed or a deposited check where the funds have already otherwise been withdrawn. You may not stop payment on money orders issued by the Bank or on official, certified, cashier’s, or teller’s checks issued by the Bank. In addition, you may not stop payment on checks governed by separate agreement, such as a check guaranty agreement. Your stop payment order will be effective for six (6) months, and can be renewed for six (6) more months for an additional fee. We have no obligation obligated to notify you when your stop payment order expires. If you want to release a stop payment order, you must tell us in writing. If the check is presented for payment after a stop payment order expires, we may pay the check. In some casesthat regard, we may pay you should be aware that a stop order does not relieve you of your obligation on a check even if that has been negotiated to a stop payment order is in effect. For example, if we or another person or entity becomes a “holder in due course” of . If we re-credit your account after paying a check that you ask us to stop, we may still pay the check. When you place over a valid and timely stop payment order, you agree to indemnify us for all Losses we incur due to our refusal to pay the Item. You assign transfer to us all of your rights against the payee or any other holder of the check. You agree , and to cooperate with assist us in any legal actions action taken against that we may take against these parties. Applicable Law may permit other limitations on our obligation to stop payments. Refer to Section 8 of this Agreement, “Electronic Funds Transfers,” for how to place a stop payment on electronic paymentsperson.

Appears in 1 contract

Sources: Deposit Account Agreement

Stop Payment Orders. If you do not want us to pay Stop Payment Order Request You may request a check you have issued, you can request us to stop payment of that check. Any Authorized Representative may order us to stop payment on a check and we will charge a fee. See the fee schedule applicable to your Account for details. Your stop payment order must include on any draft drawn on your Account number, the number and date of your check, the amount, and the name of the payeeaccount. We are not responsible for stop payment orders with incorrect or incomplete information. If you You may make your stop payment order orally and do not confirm it a verbal notice which lapses in writing within fourteen (14) calendar days, we days unless confirmed in writing. A written notice is effective for twelve (12) months & may be renewed in writing from time to time. We do not continue have to honor it. Our acceptance of notify you when a stop payment order expires. To be binding an order must be dated, signed & describe the account, draft number, and the exact amount. The stop payment will be effective if we receive the order in time for us to act upon the order & you state the number on the account, number of the draft & its exact amount. You understand that the exact information is necessary for our computer to identify the draft. If you give us incorrect or incomplete information, we will not constitute a representation that be responsible for failing to stop payment on the Item has draft. If the stop payment order is not already been paid or that the Bank has had a reasonable opportunity received in time for us to act upon the order. Your stop payment order will take effect only after we receive all required documents from you, we verify that the check is unpaid, we record it on your Account, and we have had sufficient time to notify the impacted areas of the Bank (which may take several days), and we will not be liable if to you or to any other party for payment of the draft. If we pay the check or for any related Losses you incur before the re-credit your account after paying a draft over a valid and timely stop payment order has taken effectorder, you agree to sign a statement describing the dispute with the payee, to transfer to us all of your rights against the payee or other holders of the draft and to assist in any legal action. We cannot Liability Fees for stop payment on a check we have already cashed or a deposited check where orders are set forth in the funds have already been withdrawnRate & Fee Schedule. You may not stop payment on money orders issued by the Bank or on official, certifiedany certified check, cashier’s’s check or any other check, draft or teller’s checks issued payment guaranteed by the Bankus. In additionAlthough payment of an item may be stopped, you may not stop payment on checks governed by separate agreementremain liable to any item holder, such as a check guaranty agreement. Your stop payment order will be effective for six (6) months, and can be renewed for six (6) more months for an additional fee. We have no obligation to notify you when your stop payment order expires. If you want to release a stop payment order, you must tell us in writing. If the check is presented for payment after a stop payment order expires, we may pay the check. In some cases, we may pay a check even if a stop payment order is in effect. For example, if we or another person or entity becomes a “holder in due course” of a check that you ask us to stop, we may still pay the check. When you place a stop payment order, you agree to indemnify us for all Losses we incur due to our refusal to pay the Item. You assign to us all rights against the payee or any other holder of the checkincluding us. You agree to cooperate with indemnify and hold us harmless from all costs, including attorney’s fees, damages, or claims related to our refusing payment of an item, including claims of any multiple party account, owner, payee, or endorser in any legal actions that we may take against these parties. Applicable Law may permit other limitations on our obligation failing to stop payments. Refer to Section 8 payment of this Agreement, “Electronic Funds Transfers,” for how to place an item as a stop payment on electronic paymentsresult of incorrect information provided by you.

Appears in 1 contract

Sources: Membership & Account Agreement