Wire Transfer Services. This Section shall not apply to Consumer Accounts. We may allow you to make wire transfers through Online Banking Services during the term of this Agreement. All wire transfers made pursuant to this Agreement are governed by this Agreement, Subpart B of Regulation J of the Federal Reserve Board, and all other Applicable Law. You shall designate to us in the form required by us those users authorized to instruct us regarding wire transfers including without limitation, users authorized to initiate wire transfer requests and select advice methods, confirmation methods, and any or all authorizations and instructions that may be requested by us. We may rely on any such authorization until it has been revoked by you in writing or through Online Banking Services. We shall have a reasonable time to process any revocation received pursuant to this Section. We may use means and routes for wire transfers that we deem suitable for each outgoing wire transfer in our sole and absolute discretion. Wire transfer requests received after our established deadline or on any non-Business Day, including any Saturday, Sunday, holiday or any day that Bank’s wire department is not open will be considered received on the next Business Day. You shall supply to us any information we may reasonably request regarding any wire transfer request initiated by you, including, without limitation, money amounts, affected accounts, dates of transfer, the beneficiary’s name and account number, the name and routing number of the beneficiary’s financial institution, such additional information as we may reasonably request and, if necessary, further evidence of any Master User’s or Sub- User’s authority to transfer funds or to do any other act contemplated by this Agreement. The order in which we process wire transfer requests is determined solely by us in our sole and absolute discretion. In addition to any other reasons contained in this Agreement, we may reject a wire transfer request from you if we are unable to obtain confirmation of such wire transfer request satisfactory to us. We may notify you by phone call or email in the event we reject a wire transfer request. The Master User shall designate Users authorized to confirm wire transfer requests. The Master User may add, change or delete the Users appointed under this Section by written notice or through the Online Banking Services. You will select the method or type of advice you wish to receive after we send an outgoing wire transfer or receive an incoming wire transfer. If you select telephonic advices, you shall designate one or more Users to be contacted and telephone numbers to be used for advice purposes. We shall not be required to make more than one (1) attempt to reach your designated location by telephone. If we are able to reach your designated location, but not a User so designated by you, we may leave a message containing the information to be conveyed. If you select advices by facsimile or email, you shall exercise extreme care in maintaining your own security in the receipt of facsimile advices. You acknowledge that the information to be received by facsimile or email may include confidential information, including, without limitation, names, amounts, phone numbers, and email addresses. You shall establish and maintain appropriate Security Devices and Procedures to protect such confidential information. You may waive your right to receive advices. Wire transfers across country borders are customarily processed by us through a correspondent. Any and all fees, commissions, or charges assessed by the correspondent shall be passed on to you. Payment to a foreign country is subject to the laws of the foreign country involved. We assume no liability for delays, non-delivery or other events resulting from causes beyond our control. In refunding unexecuted payment orders, our liability to you shall be limited to the extent we receive payment from the correspondent financial institution processing the transfer. Cancellation of a transfer involving other than domestic currency is subject to any rate exchange loss as determined by us.
Appears in 2 contracts
Sources: Online Banking Services Agreement, Online Banking Services Agreement
Wire Transfer Services. This Section shall not apply Business and Consumer may request the ability to Consumer Accountsmake online wire transfers. Online wire transfers require execution of a separate agreement and prior approval. We may allow you to make wire transfers through Online Banking Services during the term of this Agreement. By using the online Wire Transfer service you have agreed to pay the wire transfer fee as identified in your agreement. We send outgoing and receive incoming wire transfers through our Banks resources or other third party financial institutions, as selected by us from time to time. All wire transfers made pursuant to this Agreement are governed by this Agreement, Subpart B of Regulation J of the Federal Reserve Board, and all other Applicable Law. You shall designate to us in the form required by us under separate agreement those users Users authorized to instruct us regarding wire transfers including without limitation, users Users authorized to initiate wire transfer requests and select advice methods, confirmation methods, and any or all authorizations and instructions that may be requested by us. We may rely on any such authorization until it has been revoked by you in writing or through Online Banking Services. We shall have a reasonable time to process any revocation received pursuant to this Section. We may use means and routes for wire transfers that we deem suitable for each outgoing wire transfer in our sole and absolute discretion. We shall establish from time to time a specific time of day after which we will not accept an incoming wire transfer request to be processed on the day of receipt. Wire transfer requests received after our established deadline or on any non-Business Day, including any Saturday, Sunday, holiday or any day that Bank’s wire department is not open will be considered received on the next Business Day. You shall supply to us any information we may reasonably request regarding any wire transfer request initiated by you, including, without limitation, money amounts, affected accounts, dates of transfer, the beneficiary’s name and account number, the name and routing number of the beneficiary’s financial institution, such additional information as we may reasonably request and, if necessary, further evidence of any Master Primary User’s or Sub- Sub-User’s authority to transfer funds or to do any other act contemplated by this Agreement. The order in which we process wire transfer requests is determined solely by us in our sole and absolute discretion. In addition to any other reasons contained in this Agreement, we may reject a wire transfer request from you if we are unable to obtain confirmation of such wire transfer request satisfactory to us. We may notify you by phone call or email in the event we reject a wire transfer request. We may also reject an incoming wire transfer if we have reasonable grounds to do so. The Master Primary User shall designate Users authorized to confirm wire transfer requests. The Master Primary User may add, change or delete the Users appointed under this Section by written notice notice, under separate agreement or through the Online Banking Services. We advise you use the read carefully the liability in the wire agreement before choosing this method of payment. Consumers and Commercial liabilities are different. You will select the shall be liable for all outgoing wire transfer requests. You acknowledge that not using confirmation procedures substantially increases your risk of liability for an unauthorized wire transfer. A method or type of advice for you wish to receive after we send an outgoing wire transfer or receive an incoming wire transfertransfer may be mutually agreed upon. If you select by telephonic advices, you shall designate one or more Users to be contacted and telephone numbers to be used for advice purposes. We shall not be required to make more than one (1) attempt to reach your designated location by telephone. If we are able to reach your designated location, but not a User so designated by you, we may leave a message containing the information to be conveyed. If you select advices by facsimile or email, you shall must agree and to exercise extreme care in maintaining your own security in the receipt of facsimile advices. You acknowledge that the information to be received by facsimile or email may include confidential information, including, without limitation, names, amounts, phone numbers, and email addresses. You shall establish and maintain appropriate Security Devices and Procedures to protect such confidential information. You may waive your right to receive advices. Wire transfers across country borders and payments to foreign countries are customarily processed by us through a correspondent. Any correspondent and all fees, commissions, or charges assessed by the correspondent shall be passed on to you. Payment to a foreign country is subject to the laws of the foreign country involved. We assume no liability for delays, non-delivery or other events resulting from causes beyond our control. In refunding unexecuted payment orders, our liability to you shall be limited to the extent we receive payment from the correspondent financial institution processing the transfer. Cancellation of a transfer involving other than domestic currency is subject to any rate exchange loss as determined by usnot allowed through online banking.
Appears in 2 contracts
Sources: Online Banking Services Agreement, Online Banking Services Agreement
Wire Transfer Services. This Section shall not apply to Consumer Accounts. We may allow you to make wire transfers through Online Banking Services during the term of this Agreement. We send outgoing and receive incoming wire transfers through the Federal Reserve Bank or other third party financial institutions, as selected by us from time to time. All wire transfers made pursuant to this Agreement are governed by this Agreement, Subpart B of Regulation J of the Federal Reserve Board, and all other Applicable Law. You shall designate to us in the form required by us those users Users authorized to instruct us regarding wire transfers including without limitation, users Users authorized to initiate wire transfer requests and select advice methods, confirmation methods, and any or all authorizations and instructions that may be requested by us. We may rely on any such authorization until it has been revoked by you in writing or through Online Banking Services. We shall have a reasonable time to process any revocation received pursuant to this Section. We may use means and routes for wire transfers that we deem suitable for each outgoing wire transfer in our sole and absolute discretion. We shall establish from time to time a specific time of day after which we will not accept an incoming wire transfer request to be processed on the day of receipt. Wire transfer requests received after our established deadline or on any non-Business Day, including any Saturday, Sunday, holiday or any day that Bank’s wire department is not open will be considered received on the next Business Day. You shall supply to us any information we may reasonably request regarding any wire transfer request initiated by you, including, without limitation, money amounts, affected accounts, dates of transfer, the beneficiary’s name and account number, the name and routing number of the beneficiary’s financial institution, such additional information as we may reasonably request and, if necessary, further evidence of any Master User’s or Sub- Sub-User’s authority to transfer funds or to do any other act contemplated by this Agreement. The order in which we process wire transfer requests is determined solely by us in our sole and absolute discretion. In addition to any other reasons contained in this Agreement, we may reject a wire transfer request from you if we are unable to obtain confirmation of such wire transfer request satisfactory to us. We may notify you by phone call or email in the event we reject a wire transfer request. We may also reject an incoming wire transfer if we have reasonable grounds to do so. The Master User shall designate Users authorized to confirm wire transfer requests. The Master User may add, change or delete the Users appointed under this Section by written notice or through the Online Banking Services. We advise you not to waive confirmation. If you, however, choose to waive confirmation, you shall be liable for all outgoing wire transfer requests. You will acknowledge that not using confirmation procedures substantially increases your risk of liability for an unauthorized wire transfer. You may select the method or type of advice you wish to receive after we send an outgoing wire transfer transfer. Your options include telephonic advices or receive an incoming wire transfersecured messaging via Online Banking. If you select telephonic advices, you shall designate one or more Users to be contacted and telephone numbers to be used for advice purposes. We shall not be required to make more than one (1) attempt to reach your designated location by telephone. If we are able to reach your designated location, but not a User so designated by you, we may leave a message containing the information to be conveyed. If you select advices by facsimile or emailsecured messaging, you shall exercise extreme care in maintaining your own security in the receipt of facsimile advices. You acknowledge that the information to be received by facsimile or email may include confidential information, including, without limitation, names, amounts, phone numbers, and email addresses. You shall establish and maintain appropriate Security Devices and Procedures to protect such confidential information. You may waive your right to receive advices. Wire transfers across country borders are customarily processed by us through a correspondent. Any and all fees, commissions, or charges assessed by the correspondent shall be passed on to you. Payment to a foreign country is subject to the laws of the foreign country involved. We assume no liability for delays, non-delivery or other events resulting from causes beyond our control. In refunding unexecuted payment orders, our liability to you shall be limited to the extent we receive payment from the correspondent financial institution processing the transfer. Cancellation of a transfer involving other than domestic currency is subject to any rate exchange loss as determined by us. You shall sell any canceled payment order to us at the then current applicable foreign currency buy rate.
Appears in 2 contracts
Sources: Online Banking Services Agreement, Online Banking Services Agreement
Wire Transfer Services. This Section shall not apply to Consumer Accounts. We may allow you to make wire transfers through Online Banking Services during the term of this Agreement. All wire transfers made pursuant to this Agreement are governed by this Agreement, Subpart B of Regulation J of the Federal Reserve Board, Article 4A of the Uniform Commercial Code – Funds Transfers (UCC 4A) and all other Applicable Law. You shall designate to us in the form required by us those users authorized to instruct us regarding wire transfers including without limitation, users Users are authorized to initiate wire transfer requests and select advice methods, confirmation methods, and any or all authorizations and instructions that may be requested by us. We may rely on any such authorization until it has been revoked by you in writing or through Online Banking Servicesto us. We shall have a reasonable time to process any revocation received pursuant to this Section. We may use means and routes for wire transfers that we deem suitable for each outgoing wire transfer in our sole and absolute discretion. We shall establish from time to time a specific time of day after which we will not accept an incoming wire transfer request to be processed on the day of receipt. Wire transfer requests received after our established deadline or on any non-Business Day, including any Saturday, Sunday, holiday or any day that Bank’s wire department is not open will be considered received on the next Business Day. You shall supply to us any information we may reasonably request regarding any wire transfer request initiated by you, including, without limitation, money amounts, affected accounts, dates of transfer, the beneficiary’s name and account number, the name and routing number of the beneficiary’s financial institution, such additional information as we may reasonably request and, if necessary, further evidence of any Master User’s or Sub- User’s authority to transfer funds or to do any other act contemplated by this Agreement. The order in which we process wire transfer requests is determined solely by us in our sole and absolute discretion. In addition to any other reasons contained in this Agreement, we may reject a wire transfer request from you if we are unable to obtain confirmation of such wire transfer request satisfactory to us. We may notify you by phone call or email in the event we reject a wire transfer request. The Master User shall designate Users authorized to confirm wire transfer requests. The Master User may add, change or delete the Users appointed under this Section by written notice or through the Online Banking Services. You will select the method or type of advice you wish to receive after we send an outgoing wire transfer or receive an incoming wire transfer. If you select telephonic advices, you shall designate one or more Users to be contacted and telephone numbers to be used for advice purposes. We shall not be required to make more than one (1) attempt to reach your designated location by telephone. If we are able to reach your designated location, but not a User so designated by you, we may leave a message containing the information to be conveyed. If you select advices by facsimile or email, you shall exercise extreme care in maintaining your own security in the receipt of facsimile advices. You acknowledge that the information to be received by facsimile or email may include confidential information, including, without limitation, names, amounts, phone numbers, and email addresses. request You shall establish and maintain appropriate Security Devices and Procedures to protect such confidential information. You may waive your right to receive advices. Wire transfers across country borders are customarily processed by us through a correspondent. Any and all fees, commissions, or charges assessed by the correspondent shall be passed on to onto you. Payment to a foreign country is subject to the laws of the foreign country involved. We assume no liability for delays, non-non- delivery or other events resulting from causes beyond our control. In refunding unexecuted payment orders, our liability to you shall be limited to the extent we receive payment from the correspondent financial institution processing the transfer. Cancellation of a transfer involving other than domestic currency is subject to any rate exchange loss as determined by usus at rates currently in effect.
Appears in 1 contract
Wire Transfer Services. This Section shall not apply to Consumer Accounts. We may allow you to make wire transfers through Online Banking Services during the term of this Agreement. All wire transfers made pursuant to this Agreement are governed by this Agreement, Subpart B of Regulation J of the Federal Reserve Board, Article 4A of the Uniform Commercial Code – Funds Transfers ( UCC 4A) and all other Applicable Law. You shall designate to us in the form required by us those users authorized to instruct us regarding wire transfers including without limitation, users Users are authorized to initiate wire transfer requests and select advice methods, confirmation methods, and any or all authorizations and instructions that may be requested by us. We may rely on any such authorization until it has been revoked by you in writing or through Online Banking Servicesto us. We shall have a reasonable time to process any revocation received pursuant to this Section. We may use means and routes for wire transfers that we deem suitable for each outgoing wire transfer in our sole and absolute discretion. We shall establish from time to time a specific time of day after which we will not accept an incoming wire transfer request to be processed on the day of receipt. Wire transfer requests received after our established deadline or on any non-Business Day, including any Saturday, Sunday, holiday or any day that Bank’s wire department is not open will be considered received on the next Business Day. You shall supply to us any information we may reasonably request regarding any wire transfer request initiated by you, including, without limitation, money amounts, affected accounts, dates of transfer, the beneficiary’s name and account number, the name and routing number of the beneficiary’s financial institution, such additional information as we may reasonably request and, if necessary, further evidence of any Master User’s or Sub- User’s authority to transfer funds or to do any other act contemplated by this Agreement. The order in which we process wire transfer requests is determined solely by us in our sole and absolute discretion. In addition to any other reasons contained in this Agreement, we may reject a wire transfer request from you if we are unable to obtain confirmation of such wire transfer request satisfactory to us. We may notify you by phone call or email in the event we reject a wire transfer request. The Master User shall designate Users authorized to confirm wire transfer requests. The Master User may add, change or delete the Users appointed under this Section by written notice or through the Online Banking Services. You will select the method or type of advice you wish to receive after we send an outgoing wire transfer or receive an incoming wire transfer. If you select telephonic advices, you shall designate one or more Users to be contacted and telephone numbers to be used for advice purposes. We shall not be required to make more than one (1) attempt to reach your designated location by telephone. If we are able to reach your designated location, but not a User so designated by you, we may leave a message containing the information to be conveyed. If you select advices by facsimile or email, you shall exercise extreme care in maintaining your own security in the receipt of facsimile advices. You acknowledge that the information to be received by facsimile or email may include confidential information, including, without limitation, names, amounts, phone numbers, and email addresses. request You shall establish and maintain appropriate Security Devices and Procedures to protect such confidential information. You may waive your right to receive advices. Wire transfers across country borders are customarily processed by us through a correspondent. Any and all fees, commissions, or charges assessed by the correspondent shall be passed on to you. Payment to a foreign country is subject to the laws of the foreign country involved. We assume no liability for delays, non-non- delivery or other events resulting from causes beyond our control. In refunding unexecuted payment orders, our liability to you shall be limited to the extent we receive payment from the correspondent financial institution processing the transfer. Cancellation of a transfer involving other than domestic currency is subject to any rate exchange loss as determined by usus at rates currently in effect.
Appears in 1 contract
Sources: Online Banking Services Agreement
Wire Transfer Services. This In the event we make available to you wire transfers of funds from your Account(s) with us for credit to an account at another financial institution or another account with us (“Wire Transfer”), whether such transfers are domestic or international, this Section 10 applies. You understand that, except as specifically modified by this Section 10, your Account will continue to be governed by the terms and conditions contained in other this Agreement. Unless otherwise defined herein, the terms used in this Section 10 shall not apply have the same meaning as set forth in Article 4A of the Uniform Commercial Code and, to Consumer Accountsthe extent applicable, the Electronic Fund Transfer Act (EFTA) and its implementing regulations. In addition, your rights and obligations with respect to a Wire Transfer and our rights and obligations will be governed by Article 4A of the Uniform Commercial Code enacted in New York, to the extent applicable.
a. We shall exercise good faith and reasonable care in processing Wire Transfer requests. You shall similarly exercise good faith and reasonable care in observing and maintaining security procedures, in communicating Wire Transfer requests to us, and in reviewing periodic bank statements for any discrepancies.
b. If made available to you, you may sent a Wire Transfer by submitting a request through the Zolve Platform. When acting upon your Wire Transfer instructions, we may use any means of transmission, funds transfer system, clearing house, or intermediary bank that we reasonably select. We may allow you make use of correspondents, agents, subagents, and funds transfer and communication systems. Such third parties shall be deemed your agents, and we shall not be liable for any errors, delay, mis-delivery, or failure of delivery by any of them unless applicable law says otherwise. The beneficiary, frequency and dollar amount for any Wire Transfer may be limited. The limits are designed to make wire transfers through Online Banking Services during be flexible in order to protect the term of this Agreement. All wire transfers made pursuant to this Agreement are governed by this Agreement, Subpart B of Regulation J security and integrity of the Federal Reserve Boardservice and accounts, including any use by you or others of the service and all your Account or any other Applicable Lawperson’s account. You shall designate to us in the form required by us those users authorized to instruct us regarding wire transfers including without limitationBased on confidential fraud and essential risk criteria, users authorized to initiate wire transfer requests and select advice methods, confirmation methods, and any or all authorizations and instructions that they may be requested by modified at our discretion without advance notice. We reserve the right to reject any Wire Transfer request.
c. If you submit a Wire Transfer request to us, we will process it on the same business day (or next business day if the request is not made on a business day) so long as we receive the request no later than 3 pm ET, subject to verification in accordance with the security procedures described in this Section 10. If it is received after 3 pm ET and verified through our security procedures, the Wire Transfer request may be processed the next business day. We may rely on treat any such authorization until Wire Transfer request received at or after our cut-off time as if it has been revoked by you in writing was received that business day, or through Online Banking Services. We shall have a reasonable time to process any revocation we may treat it as if it were received pursuant to this Section. We may use means and routes for wire transfers that we deem suitable for each outgoing wire transfer at the opening of the next business day, in our sole and absolute discretion.
d. You agree and consent to the use of certain security procedures by us to confirm the validity of the Wire Transfer request made pursuant to this Section 10. You understand the security procedures are not designed to detect errors in the content of the Wire Transfer request or to prevent duplicate transfers. You hereby agree that your utilization of any security procedure established hereunder shall constitute your agreement to its use and affirmative acknowledgment of its commercial reasonableness. You further agree that any Wire Transfer request that is acted upon in good faith by us in compliance with these security procedures, whether or not in fact authorized by you, shall constitute an authorized Wire Transfer. We shall apply the following security procedures prior to processing a Wire Transfer: (i) apply fraud-related screens to the Wire Transfer requests; (ii) contact you using information from your Account records to verify the Wire Transfer and we may contact you through phone, e-mail or through Platform (in which case, we will request information that only you should have); (iii) request and receive any other proof of identification or any other documentation from you or your authorized representative, which we may, in our sole discretion, require under the circumstances; and (iv) you expressly agree to receive security alerts from us by prerecorded voice message and/or text message.
e. You acknowledge and agree that when you (or your authorized representative) provide us with a name and account number in order for us to process a Wire Transfer, payment may be made by the beneficiary's/designated recipient's bank solely on the basis of the account number, even if the account number identifies a person different from the beneficiary so named. We or an intermediary bank may send a Wire Transfer to an intermediary bank or beneficiary's/designated recipient's bank based solely on the bank identifying number, even if the payment order describes a participating financial institution inconsistently by name and identification number. We may rely on all information contained in the Wire Transfer request, regardless of who may have provided the information. You further agree that your obligation to pay the amount of a Wire Transfer to us is not excused in such circumstances. Except as provided by applicable law, any losses resulting from an incorrect account number or your misidentification of the beneficiary/designated recipient is your responsibility and not ours.
f. A Wire Transfer request is considered accepted when we execute it. You must pay us the amount of the Wire Transfer, plus any applicable fees, before we will execute the Wire Transfer request. Fees may be debited from your Account. If we stop a domestic outgoing Wire Transfer, we will refund the fee.
g. We have no responsibility to accept any incoming Wire Transfer(s) for your benefit, and we may reject any Wire Transfer request(s) for an outgoing Wire Transfer for reasons including, but not limited to, insufficient or uncollected funds in the account specified in the Wire Transfer request, a request that fails the security procedures outlined herein or if we are unable to verify the authenticity of the Wire Transfer request.
h. If we determine, in our sole discretion, not to honor, execute, or accept a Wire Transfer request, we will use commercially reasonable efforts to notify you, but we shall have no liability for delay or failure to do so. We will also use commercially reasonable efforts to notify you promptly if a Wire Transfer is returned to us after its execution but shall have no liability by reason of our delay or failure to do so. We shall have no obligation to resend a Wire Transfer if we complied with the original Wire Transfer request and such Wire Transfer was returned to us.
i. For domestic Wire Transfers, once we receive a domestic Wire Transfer request, it may not be able to be canceled or amended. In our sole discretion we may use reasonable efforts to act on any request for cancellation or amendment, provided that the method by which we are notified of a request for cancellation or amendment complies with our security procedures. We shall have no liability if such cancellation or amendment is not affected. You agree to indemnify and hold us harmless from any and all liabilities, claims, damages, costs, and expenses we may incur in attempting to cancel or amend the Wire Transfer. Any cancellation or amendment of a Wire Transfer by us shall relieve us of any obligation to act on the original Wire Transfer request.
j. Except as provided by applicable law, you agree that we are not required to provide you with a separate notice of incoming or outgoing Wire Transfer. All Wire Transfers will be reflected on your periodic bank statement. You should review your statement for any discrepancies, unauthorized transactions, or errors in connection with any Wire Transfers. Except as otherwise provided herein, if you think a Wire Transfer is wrong or if you need more information about a Wire Transfer, you must contact us in writing by emailing us at ▇▇▇▇▇@▇▇▇▇▇.▇▇▇ upon discovery of the error or within fourteen (14) days from the date your statement is postmarked or otherwise made available to you, whichever is earlier. Subject to applicable law, if you don’t notify us within fourteen (14) days, we will be entitled to retain payment for the Wire Transfer, and, notwithstanding, we will also be relieved of any obligation to pay interest on the amount of an unauthorized or erroneous Wire Transfer for which we are liable. Furthermore, you will also be liable to us for any damages or losses we may incur as a result of your failure to notify us within the time period stated in this section.
k. Without limiting any other limitation of liability provision set forth herein and notwithstanding anything to the contrary, we shall be responsible only for performing the Wire Transfer services expressly provided for in this Section 10; provided however, we shall be liable only for our own gross negligence or willful misconduct in performing such service. We shall not be liable to any third party or for any act or omission of yours or any third party, including, but not limited to, third parties used by us in executing a Wire Transfer or performing a related act and no such third party shall be deemed to be our agent. Except as otherwise provided by applicable law, the maximum period for which we shall be liable for interest on any amount to be refunded or paid to you with respect to an unauthorized, erroneous, or other Wire Transfer request is thirty days. If we are required to pay interest under applicable law, interest shall be calculated at the average of the federal funds rate published by the Federal Reserve Bank for the period involved; or at such other rate that we may agree to, in writing, from time to time.
l. Except as otherwise provided by law, you shall be liable for any loss or damage to which your negligence contributed or which resulted in unauthorized, fraudulent, or dishonest acts by your current and/or former authorized representatives. Such liability includes instances when a current or former authorized representative effects one or more Wire Transfers or improper use of security procedures to effect a Wire Transfer to your detriment. Notwithstanding, for transactions in not governed by Regulation E, you are liable for all losses relating to unauthorized funds transfers that does not result solely from our negligence or intentional misconduct, unless the laws governing your account require lesser liability.
m. If we receive an incoming international wire transfer for payment into your Account that was remitted in a currency other than U.S. dollars, we will convert the amount of the payment into U.S. dollars using the applicable exchange rate for credit to your Account. The exchange rates we use for your transactions are not necessarily the bank-to-bank negotiated exchange rate or other potentially more favorable rate. You consent to our doing this without prior notice to you. FDIC deposit insurance does not insure against any loss due to foreign currency fluctuations. If for any reason we do not receive covering payment from the remitting or intermediary bank in respect of an incoming international Wire Transfer we have credited to your Account, you agree to allow us to debit your Account for the amount credited under such incoming international Wire Transfer. Wire transfer requests received after Transfers sent to foreign countries may be converted to the currency of the destination country at our established deadline rate of currency exchange for remittance transfers. We cannot guarantee that the beneficiary/designated recipient will receive the funds in U.S. currency. The actual amount that the beneficiary/designated recipient receives may be reduced by fees and taxes imposed by the beneficiary bank, or on any non-Business Daya correspondent bank, including currency conversion charges.
n. You will observe all anti-money maundering and exchange control laws and regulations including economic and trade sanctions promulgated by the Office of Foreign Assets Control of the U.S. Department of Treasury in relation to any SaturdayWire Transfer, Sundayand you will use all reasonable endeavors to assist us to do likewise. You represent that the information given to us by you is accurate. We may disclose any information given to us that we, holiday in our sole discretion, determine is necessary or desirable to disclose; except we will only disclose confidential information if required by law, a court, or legal, regulatory, or governmental authority, or as permitted by law in order to combat, prevent, or investigate issues arising under anti-money laundering laws, economic sanctions, or criminal law. Sometimes legal, regulatory, or governmental authorities require additional information, either in respect of individuals, entities, or particular transactions. You agree to promptly supply all such information, which any day such authority may require, and/or which we may be required to supply, in relation to the individual, entity, or particular transaction. If you, or your authorized representative, breach any such laws or regulations, you irrevocably agree that Bank’s wire department is we may retain any monies or funds transmitted to us pursuant to this Section 10 and/or not open fulfill any Wire Transfer request if we are required to take or refrain from such action by any legal, regulatory, or governmental authority or if we reasonably believe that such action may violate any laws or regulations described herein, and such monies shall not bear interest against us. You further agree that we may pay such monies to the appropriate legal, regulatory, or governmental authority, if and when required by law.
o. Wire Transfers to or from your Account will be considered received on governed by the next Business Dayrules of the funds transfer system(s) through which the transfers are made, including Fedwire, the National Automated Clearing House Association, the Electronic Check Clearing House Organization, any regional association (each an ACH), the Clearing House Interbank Payments System (CHIPS), the Society for Worldwide Interbank Financial Telecommunication (“SWIFT”) and the RTP system (“RTP System”). You shall supply We’re under no obligation to us honor, in whole or in part, any information we may reasonably request regarding any wire transfer request initiated by youpayment order or other instruction that could result in our contravention of applicable law, including, without limitation, money amounts, affected accounts, dates of transfer, the beneficiary’s name and account number, the name and routing number requirements of the beneficiaryU.S. Department of the Treasury’s financial institutionOffice of Foreign Assets Control (“OFAC”) and the Financial Crimes Enforcement Network (“FinCEN”).
p. Remittance transfers, such additional information as we may reasonably request andsubject to Subpart B of Regulation E, if necessaryare initiated by consumers primarily for personal, further evidence of any Master User’s family, or Sub- User’s authority to transfer funds or to do any other act contemplated by this Agreement. The order in which we process wire transfer requests is determined solely by us in our sole household purposes, and absolute discretion. In addition to any other reasons contained in this Agreement, we may reject a wire transfer request from you if we are unable to obtain confirmation of such wire transfer request satisfactory to ussent outside the United States and its territories. We may notify make remittance transfer services available to you but are under no obligation to do so. Each time you initiate a remittance transfer, you will receive disclosures outlining additional rights provided by phone call or email in the event federal law. For international Wire Transfers, we reject a wire transfer request. The Master User shall designate Users authorized to confirm wire transfer requests. The Master User may add, change or delete the Users appointed under this Section by written notice or through the Online Banking Services. You will select the method or type of advice you wish to receive after we send an outgoing wire transfer or receive an incoming wire transfer. If you select telephonic advices, you shall designate one or more Users to be contacted and telephone numbers to be used for advice purposes. We shall not be required to make more than one (1) attempt to reach your designated location by telephone. If we are able to reach your designated location, but not a User so designated by you, we may leave a message containing intermediary bank through which the information to be conveyed. If you select advices by facsimile or email, you shall exercise extreme care in maintaining your own security in the receipt of facsimile advices. You acknowledge that the information to be received by facsimile or email may include confidential information, including, without limitation, names, amounts, phone numbers, and email addresses. You shall establish and maintain appropriate Security Devices and Procedures to protect such confidential information. You may waive your right to receive advices. Wire transfers across country borders are customarily processed by us through a correspondent. Any and all fees, commissions, or charges assessed by the correspondent shall be passed on to you. Payment to a foreign country Transfer is subject to the laws of the foreign country involved. We assume no liability for delays, non-delivery or other events resulting from causes beyond our control. In refunding unexecuted payment orders, our liability to you shall be limited to the extent we receive payment from the correspondent financial institution processing the transfer. Cancellation of a transfer involving other than domestic currency is subject to any rate exchange loss as determined by ustransmitted.
Appears in 1 contract
Wire Transfer Services. This In the event we make available to you wire transfers of funds from your Account(s) with us for credit to an account at another financial institution or another account with us (“Wire Transfer”), whether such transfers are domestic or international, this Section 10 applies. You understand that, except as specifically modified by this Section 10, your Account will continue to be governed by the terms and conditions contained in other this Agreement. Unless otherwise defined herein, the terms used in this Section 10 shall not apply have the same meaning as set forth in Article 4A of the Uniform Commercial Code and, to Consumer Accountsthe extent applicable, the Electronic Fund Transfer Act (EFTA) and its implementing regulations. In addition, your rights and obligations with respect to a Wire Transfer and our rights and obligations will be governed by Article 4A of the Uniform Commercial Code enacted in New York, to the extent applicable. We shall exercise good faith and reasonable care in processing Wire Transfer requests. You shall similarly exercise good faith and reasonable care in observing and maintaining security procedures, in communicating Wire Transfer requests to us, and in reviewing periodic bank statements for any discrepancies. DRAFT
a. If made available to you, you may send a Wire Transfer by submitting a request through the Zolve Platform. When acting upon your Wire Transfer instructions, we may use any means of transmission, funds transfer system, clearing house, or intermediary bank that we reasonably select. We may allow you make use of correspondents, agents, subagents, and funds transfer and communication systems. Such third parties shall be deemed your agents, and we shall not be liable for any errors, delay, mis-delivery, or failure of delivery by any of them unless applicable law says otherwise. The beneficiary, frequency and dollar amount for any Wire Transfer may be limited. The limits are designed to make wire transfers through Online Banking Services during be flexible in order to protect the term of this Agreement. All wire transfers made pursuant to this Agreement are governed by this Agreement, Subpart B of Regulation J security and integrity of the Federal Reserve Boardservice and accounts, including any use by you or others of the service and all your Account or any other Applicable Lawperson’s account. You shall designate to us in the form required by us those users authorized to instruct us regarding wire transfers including without limitationBased on confidential fraud and essential risk criteria, users authorized to initiate wire transfer requests and select advice methods, confirmation methods, and any or all authorizations and instructions that they may be requested by modified at our discretion without advance notice. We reserve the right to reject any Wire Transfer request.
b. If you submit a Wire Transfer request to us, we will process it on the same business day (or next business day if the request is not made on a business day) so long as we receive the request no later than 3 pm ET, subject to verification in accordance with the security procedures described in this Section 10. If it is received after 3 pm ET and verified through our security procedures, the Wire Transfer request may be processed the next business day. We may rely on treat any such authorization until Wire Transfer request received at or after our cut-off time as if it has been revoked by you in writing was received that business day, or through Online Banking Services. We shall have a reasonable time to process any revocation we may treat it as if it were received pursuant to this Section. We may use means and routes for wire transfers that we deem suitable for each outgoing wire transfer at the opening of the next business day, in our sole and absolute discretion.
c. You agree and consent to the use of certain security procedures by us to confirm the validity of the Wire Transfer request made pursuant to this Section 10. You understand the security procedures are not designed to detect errors in the content of the Wire Transfer request or to prevent duplicate transfers. You hereby agree that your utilization of any security procedure established hereunder shall constitute your agreement to its use and affirmative acknowledgment of its commercial reasonableness. You further agree that any Wire Transfer request that is acted upon in good faith by us in compliance with these security procedures, whether or not in fact authorized by you, shall constitute an authorized Wire Transfer. We shall apply the following security procedures prior to processing a Wire Transfer:
(i) apply fraud-related screens to the Wire Transfer requests; (ii) contact you using information from your Account records to verify the Wire Transfer and we may contact you through phone, e-mail or through Platform (in which case, we will request information that only you should have); (iii) request and receive any other proof of identification or any other documentation from you or your authorized representative, which we may, in our sole discretion, require under the circumstances; and (iv) you expressly agree to receive security alerts from us by prerecorded voice message and/or text message. DRAFT
d. You acknowledge and agree that when you (or your authorized representative) provide us with a name and account number in order for us to process a Wire Transfer, payment may be made by the beneficiary's/designated recipient's bank solely on the basis of the account number, even if the account number identifies a person different from the beneficiary so named. We or an intermediary bank may send a Wire Transfer to an intermediary bank or beneficiary's/designated recipient's bank based solely on the bank identifying number, even if the payment order describes a participating financial institution inconsistently by name and identification number. We may rely on all information contained in the Wire Transfer request, regardless of who may have provided the information. You further agree that your obligation to pay the amount of a Wire Transfer to us is not excused in such circumstances. Except as provided by applicable law, any losses resulting from an incorrect account number or your misidentification of the beneficiary/designated recipient is your responsibility and not ours.
e. A Wire Transfer request is considered accepted when we execute it. You must pay us the amount of the Wire Transfer, plus any applicable fees, before we will execute the Wire Transfer request. Fees may be debited from your Account. If we stop a domestic outgoing Wire Transfer, we will refund the fee.
f. We have no responsibility to accept any incoming Wire Transfer(s) for your benefit, and we may reject any Wire Transfer request(s) for an outgoing Wire Transfer for reasons including, but not limited to, insufficient or uncollected funds in the account specified in the Wire Transfer request, a request that fails the security procedures outlined herein or if we are unable to verify the authenticity of the Wire Transfer request.
g. If we determine, in our sole discretion, not to honor, execute, or accept a Wire Transfer request, we will use commercially reasonable efforts to notify you, but we shall have no liability for delay or failure to do so. We will also use commercially reasonable efforts to notify you promptly if a Wire Transfer is returned to us after its execution but shall have no liability by reason of our delay or failure to do so. We shall have no obligation to resend a Wire Transfer if we complied with the original Wire Transfer request and such Wire Transfer was returned to us. DRAFT
h. For domestic Wire Transfers, once we receive a domestic Wire Transfer request, it may not be able to be canceled or amended. In our sole discretion we may use reasonable efforts to act on any request for cancellation or amendment, provided that the method by which we are notified of a request for cancellation or amendment complies with our security procedures. We shall have no liability if such cancellation or amendment is not affected. You agree to indemnify and hold us harmless from any and all liabilities, claims, damages, costs, and expenses we may incur in attempting to cancel or amend the Wire Transfer. Any cancellation or amendment of a Wire Transfer by us shall relieve us of any obligation to act on the original Wire Transfer request.
i. Except as provided by applicable law, you agree that we are not required to provide you with a separate notice of incoming or outgoing Wire Transfer. All Wire Transfers will be reflected on your periodic bank statement. You should review your statement for any discrepancies, unauthorized transactions, or errors in connection with any Wire Transfers. Except as otherwise provided herein, if you think a Wire Transfer is wrong or if you need more information about a Wire Transfer, you must contact us in writing by emailing us at ▇▇▇▇▇@▇▇▇▇▇.▇▇▇ upon discovery of the error or within fourteen (14) days from the date your statement is postmarked or otherwise made available to you, whichever is earlier. Subject to applicable law, if you don’t notify us within fourteen (14) days, we will be entitled to retain payment for the Wire Transfer, and, notwithstanding, we will also be relieved of any obligation to pay interest on the amount of an unauthorized or erroneous Wire Transfer for which we are liable. Furthermore, you will also be liable to us for any damages or losses we may incur as a result of your failure to notify us within the time period stated in this section. DRAFT
j. Without limiting any other limitation of liability provision set forth herein and notwithstanding anything to the contrary, we shall be responsible only for performing the Wire Transfer services expressly provided for in this Section 10; provided however, we shall be liable only for our own gross negligence or willful misconduct in performing such service. We shall not be liable to any third party or for any act or omission of yours or any third party, including, but not limited to, third parties used by us in executing a Wire Transfer or performing a related act and no such third party shall be deemed to be our agent. Except as otherwise provided by applicable law, the maximum period for which we shall be liable for interest on any amount to be refunded or paid to you with respect to an unauthorized, erroneous, or other Wire Transfer request is thirty days. If we are required to pay interest under applicable law, interest shall be calculated at the average of the federal funds rate published by the Federal Reserve Bank for the period involved; or at such other rate that we may agree to, in writing, from time to time.
k. Except as otherwise provided by law, you shall be liable for any loss or damage to which your negligence contributed or which resulted in unauthorized, fraudulent, or dishonest acts by your current and/or former authorized representatives. Such liability includes instances when a current or former authorized representative effects one or more Wire Transfers or improper use of security procedures to effect a Wire Transfer to your detriment. Notwithstanding, for transactions in not governed by Regulation E, you are liable for all losses relating to unauthorized funds transfers that does not result solely from our negligence or intentional misconduct, unless the laws governing your account require lesser liability.
l. If we receive an incoming international wire transfer for payment into your Account that was remitted in a currency other than U.S. dollars, we will convert the amount of the payment into U.S. dollars using the applicable exchange rate for credit to your Account. The exchange rates we use for your transactions are not necessarily the bank-to-bank negotiated exchange rate or other potentially more favorable rate. You consent to our doing this without prior notice to you. FDIC deposit insurance does not insure against any loss due to foreign currency fluctuations. If for any reason we do not receive covering payment from the remitting or intermediary bank in respect of an incoming international Wire Transfer we have credited to your Account, you agree to allow us to debit your Account for the amount credited under such incoming international Wire Transfer. Wire transfer requests received after Transfers sent to foreign countries may be converted to the currency of the destination country at our established deadline rate of currency exchange for remittance transfers. We cannot guarantee that the beneficiary/designated recipient will receive the funds in U.S. currency. The actual amount that the beneficiary/designated recipient receives may be reduced by fees and taxes imposed by the beneficiary bank, or on any non-Business Daya correspondent bank, including currency conversion charges. DRAFT
n. You will observe all anti-money maundering and exchange control laws and regulations including economic and trade sanctions promulgated by the Office of Foreign Assets Control of the U.S. Department of Treasury in relation to any SaturdayWire Transfer, Sundayand you will use all reasonable endeavors to assist us to do likewise. You represent that the information given to us by you is accurate. We may disclose any information given to us that we, holiday in our sole discretion, determine is necessary or desirable to disclose; except we will only disclose confidential information if required by law, a court, or legal, regulatory, or governmental authority, or as permitted by law in order to combat, prevent, or investigate issues arising under anti-money laundering laws, economic sanctions, or criminal law. Sometimes legal, regulatory, or governmental authorities require additional information, either in respect of individuals, entities, or particular transactions. You agree to promptly supply all such information, which any day such authority may require, and/or which we may be required to supply, in relation to the individual, entity, or particular transaction. If you, or your authorized representative, breach any such laws or regulations, you irrevocably agree that Bank’s wire department is we may retain any monies or funds transmitted to us pursuant to this Section 10 and/or not open fulfill any Wire Transfer request if we are required to take or refrain from such action by any legal, regulatory, or governmental authority or if we reasonably believe that such action may violate any laws or regulations described herein, and such monies shall not bear interest against us. You further agree that we may pay such monies to the appropriate legal, regulatory, or governmental authority, if and when required by law. DRAFT
o. Wire Transfers to or from your Account will be considered received on governed by the next Business Dayrules of the funds transfer system(s) through which the transfers are made, including Fedwire, the National Automated Clearing House Association, the Electronic Check Clearing House Organization, any regional association (each an ACH), the Clearing House Interbank Payments System (CHIPS), the Society for Worldwide Interbank Financial Telecommunication (“SWIFT”) and the RTP system (“RTP System”). You shall supply We’re under no obligation to us honor, in whole or in part, any information we may reasonably request regarding any wire transfer request initiated by youpayment order or other instruction that could result in our contravention of applicable law, including, without limitation, money amounts, affected accounts, dates of transfer, the beneficiary’s name and account number, the name and routing number requirements of the beneficiaryU.S. Department of the Treasury’s financial institutionOffice of Foreign Assets Control (“OFAC”) and the Financial Crimes Enforcement Network (“FinCEN”).
p. Remittance transfers, such additional information as we may reasonably request andsubject to Subpart B of Regulation E, if necessaryare initiated by consumers primarily for personal, further evidence of any Master User’s family, or Sub- User’s authority to transfer funds or to do any other act contemplated by this Agreement. The order in which we process wire transfer requests is determined solely by us in our sole household purposes, and absolute discretion. In addition to any other reasons contained in this Agreement, we may reject a wire transfer request from you if we are unable to obtain confirmation of such wire transfer request satisfactory to ussent outside the United States and its territories. We may notify make remittance transfer services available to you but are under no obligation to do so. Each time you initiate a remittance transfer, you will receive disclosures outlining additional rights provided by phone call or email in the event federal law. For international Wire Transfers, we reject a wire transfer request. The Master User shall designate Users authorized to confirm wire transfer requests. The Master User may add, change or delete the Users appointed under this Section by written notice or through the Online Banking Services. You will select the method or type of advice you wish to receive after we send an outgoing wire transfer or receive an incoming wire transfer. If you select telephonic advices, you shall designate one or more Users to be contacted and telephone numbers to be used for advice purposes. We shall not be required to make more than one (1) attempt to reach your designated location by telephone. If we are able to reach your designated location, but not a User so designated by you, we may leave a message containing intermediary bank through which the information to be conveyed. If you select advices by facsimile or email, you shall exercise extreme care in maintaining your own security in the receipt of facsimile advices. You acknowledge that the information to be received by facsimile or email may include confidential information, including, without limitation, names, amounts, phone numbers, and email addresses. You shall establish and maintain appropriate Security Devices and Procedures to protect such confidential information. You may waive your right to receive advices. Wire transfers across country borders are customarily processed by us through a correspondent. Any and all fees, commissions, or charges assessed by the correspondent shall be passed on to you. Payment to a foreign country Transfer is subject to the laws of the foreign country involved. We assume no liability for delays, non-delivery or other events resulting from causes beyond our control. In refunding unexecuted payment orders, our liability to you shall be limited to the extent we receive payment from the correspondent financial institution processing the transfer. Cancellation of a transfer involving other than domestic currency is subject to any rate exchange loss as determined by ustransmitted.
Appears in 1 contract
Sources: Deposit Account Agreement
Wire Transfer Services. This Section shall not apply to Consumer Accounts. We may allow If you to make wire transfers through Online Banking Services during the term of this Agreement. All wire transfers made pursuant to this Agreement are governed by this Agreementhave authorized on a completed Cash Management Application and Enrollment or Cash Management Amendment Form, Subpart B of Regulation J of the Federal Reserve Board, and all other Applicable Law. You shall designate to us in the form required by us those users authorized to instruct us regarding wire transfers including without limitation, users authorized to initiate wire transfer requests and select advice methods, confirmation methods, and any or all authorizations and instructions that may be requested by us. We may rely on any such authorization until it has been revoked by you in writing or through Online Banking Services. We shall have a reasonable time to process any revocation received pursuant to this Section. We may use means and routes for wire transfers that when we deem suitable for each outgoing wire transfer in our sole and absolute discretion. Wire transfer requests received after our established deadline or on any non-Business Day, including any Saturday, Sunday, holiday or any day that Bank’s wire department is not open will be considered received on the next Business Day. You shall supply to us any information we may reasonably request regarding any wire transfer request initiated by you, including, without limitation, money amounts, affected accounts, dates of transfer, the beneficiary’s name and account number, the name and routing number of the beneficiary’s financial institution, such additional information as we may reasonably request and, if necessary, further evidence of any Master User’s or Sub- User’s authority to transfer funds or to do any other act contemplated by this Agreement. The order in which we process wire transfer requests is determined solely by us in our sole and absolute discretion. In addition to any other reasons contained in this Agreement, we may reject receive a wire transfer request as initiated through your Cash Management Services, we may, but shall not be obligated to, accept and execute “Payment Orders,” as that term is defined in Article 4A of the Uniform Commercial Code issued by you, your Administrator(s), or User(s), as those terms are defined in this Agreement. You hereby expressly agree to be bound by any Payment Order, whether or not authorized, issued in its name and accepted by us in compliance with our Security Procedure, as defined in this Agreement and which may be amended from you if we are unable time to obtain confirmation of such wire transfer request satisfactory to ustime. We may notify you by phone call or email You have designated an individual, as stated in the event we reject a wire transfer request. The Master User Cash Management Application and Enrollment form, as the Company Administrator, who shall designate Users be authorized to confirm wire transfer requests. The Master User may add, change or delete the Users appointed under this Section by written notice or through the Online Banking Services. You will select the method or type of advice you wish to receive after we send an outgoing wire transfer or receive an incoming wire transfer. If you select telephonic advices, you shall designate one or more Additional Users who are authorized to be contacted transmit and telephone numbers to be used for advice purposes. We shall not be required to make more than one (1) attempt to reach your designated location by telephone. If we are able to reach your designated location, but not a User so designated by verify Payment Order instructions hereunder on behalf of you, we may leave a message containing the information to be conveyed. If you select advices by facsimile or email, you shall exercise extreme care in maintaining your own security in the receipt of facsimile advices. You acknowledge that the information agree to be received by facsimile or email may include confidential information, including, without limitation, names, amounts, phone numbers, periodically monitor and email addressesreview all user access rights and remove any unauthorized users immediately. You shall establish transaction dollar limits for initiating or authorizing wire transfer requests, these limits are established per each authorized user, and maintain appropriate Security Devices you agree to notify us in writing if you are unable to establish agreed upon access rights, limits, or authorizations. Further, you agree to waive any claim against, and Procedures to protect such confidential information. You may waive your right to receive advices. Wire transfers across country borders are customarily processed by fully defend, indemnify and hold us through a correspondent. Any harmless and hold harmless our related entities, our respective shareholders, directors, officers, employees, attorneys, successors, assigns and any other persons or entities acting on behalf of any of them, from any and all claims, actions, causes of action, demands, rights, damages, costs, attorney’s fees, commissionsloss of service, expenses and compensation whatsoever, which we may incur or charges assessed by accrue on account of or in any way arising out of or the correspondent shall be passed on consequences resulting from the number or identity of authorized users to you. issue Payment to a foreign country is subject to Orders within the laws Country Bank Cash Management Services of being inconsistent with the number of required signatures or the identity of the foreign country involved. We assume no liability required signatories for delays, non-delivery withdrawal indicated and authorized on any other deposit or other events resulting from causes beyond our control. In refunding unexecuted payment orders, our liability to you shall be limited to the extent we receive payment from the correspondent financial institution processing the transfer. Cancellation of a transfer involving other than domestic currency is subject to any rate exchange loss as determined by account agreements executed with us.
Appears in 1 contract
Sources: Cash Management Agreement
Wire Transfer Services. This Section shall not apply to Consumer Accounts. We may allow you to make wire transfers through Online Banking Services during the term of this Agreement. We send outgoing and receive incoming wire transfers through the Federal Reserve or other third party financial institutions, as selected by us from time to time. All wire transfers made pursuant to this Agreement are governed by this Agreement, Subpart B of Regulation J of the Federal Reserve Board, and all other Applicable Law. You shall designate to us in the form required by us those users Users authorized to instruct us regarding wire transfers including without limitation, users Users authorized to initiate wire transfer requests and select advice methods, confirmation methods, and any or all authorizations and instructions that may be requested by us. We may rely on any such authorization until it has been revoked by you in writing or through Online Banking Serviceswriting. We shall have a reasonable time to process any revocation received pursuant to this Section. We may use means and routes for wire transfers that we deem suitable for each outgoing wire transfer in our sole and absolute discretion. We shall establish from time to time a specific time of day after which we will not accept an incoming wire transfer request to be processed on the day of receipt. Wire transfer requests received after our established deadline or on any non-Business Day, including any Saturday, Sunday, holiday or any day that Bank’s wire department is not open will be considered received on the next Business Day. You shall supply to us any information we may reasonably request regarding any wire transfer request initiated by you, including, without limitation, money amounts, affected accounts, dates of transfer, the beneficiary’s name and account number, the name and routing number of the beneficiary’s financial institution, such additional information as we may reasonably request and, if necessary, further evidence of any Master UserAdministrator’s or Sub- Sub-User’s authority to transfer funds or to do any other act contemplated by this Agreement. The order in which we process wire transfer requests is determined solely by us in our sole and absolute discretion. In addition to any other reasons contained in this Agreement, we may reject a wire transfer request from you if we are unable to obtain confirmation of such wire transfer request satisfactory to us. We may notify you by phone call or email in the event we reject a wire transfer request. We may also reject an incoming wire transfer if we have reasonable grounds to do so. The Master User Business Administrator shall designate Users authorized to confirm wire transfer requests. The Master User Administrator may add, change or delete the Users appointed under this Section by written notice or through the Online Banking Services. You will select the method or type of advice you wish to receive after we send an outgoing wire transfer or receive an incoming wire transfer. If you select telephonic advices, you shall designate one or more Users to be contacted and telephone numbers to be used for advice purposes. We shall not be required to make more than one (1) attempt to reach your designated location by telephone. If we are able to reach your designated location, but not a User so designated by you, we may leave a message containing the information to be conveyed. If you select advices by facsimile or email, you shall exercise extreme care in maintaining your own security in the receipt of facsimile advices. You acknowledge that the information to be received by facsimile or email may include confidential information, including, without limitation, names, amounts, phone numbers, and email addresses. You shall establish and maintain appropriate Security Devices and Procedures to protect such confidential information. You may waive your right to receive advices. Wire transfers across country borders are customarily processed by us through a correspondent. Any and all fees, commissions, or charges assessed by the correspondent shall be passed on to you. Payment to a foreign country is subject to the laws of the foreign country involved. We assume no liability for delays, non-delivery or other events resulting from causes beyond our control. In refunding unexecuted payment orders, our liability to you shall be limited to the extent we receive payment from the correspondent financial institution processing the transfer. Cancellation of a transfer involving other than domestic currency is subject to any rate exchange loss as determined by us. You shall sell any canceled payment order to us at the then current applicable foreign currency buy rate.
Appears in 1 contract
Sources: Online Banking Services Agreement