Withdrawals and transfers from your Account may be restricted as provided in any applicable Agreement or Schedule, or applicable law. Furthermore, you are explicitly authorizing us to pay any and all checks presented against your Account which contain any mechanical signature which reasonably resembles the Mark you have adopted: Regardless of whether the Mark is actually that which you have adopted; Regardless of how or by whom the Mark was affixed; and. We may include your name, address and other required information within the Wire Transfer instruction, so we may comply with international and foreign payment regulations and requirements. (ii) Uniform Transfer to Minors If you have established the Account as a custodian for a minor beneficiary under the Texas Uniform Transfers to Minors Act, your rights and duties are governed by that act. If your permanent residence is outside the State of Texas or the U.S., the arbitration proceeding shall be conducted in San Antonio, Texas. Account means each and every deposit account that you have established with us, or that we have opened at your direction, whether a Business Account orPersonal Account. Just open up the app. Further, the Account is subject to the right of setoff as further described in Section VI.M. Frost may disqualify a Mobile Card or discontinue providing any services to any individual suspected of violating the terms of this Agreement or the third-party agreements related to your Digital Wallet or the Digital Wallet Service in its sole and absolute discretion. Frost has the right to employ counsel of Frosts choice to defend and control of any such matter subject to indemnification by you. If the Parties fail to agree upon a designated mediator, or if either Party fails to participate in the mediation within the thirty (30) calendar day timeframe stated above, such Party will be deemed to have waived its right to mediate and that Partys only remedy is binding arbitration. U. (3) Funds Availability Holds on Other Funds (Check Cashing) If we cash a check for you that is drawn on another bank, we may withhold the availability of a corresponding amount of funds that are already in your Account. However, you agree that you will not use Digital Deposits to submit any of the following: Checks or items payable to any person or entity other than you/your company. World-class service. Accordingly, you agree not to attempt to change any Original Check you write or receive into a Substitute Check unless we, in our discretion, have first entered into a separate written agreement with you to permit you to create Substitute Checks that we will honor when deposited into your Account. Once coin and/or currency is picked up by Carrier, the Carrier accepts liability for the Vault Deposit during the transfer from the customers location to the remote cash vault at the designated Carriers location. We may close your Account (other than a CD) at any time for any reason or no reason. Yes. A description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect); An estimate of the amount of your loss; An explanation of why the Substitute Check you received is insufficient to confirm that you suffered a loss; and. Wells Fargo Check Cashing Policy For Non-account Holders. You must separately contract with an armored carrier (Carrier) that is acceptable to us to allow Vault Deposit delivery to a remote cash vault location. From time to time, we may offer or you may open various types of deposit Accounts. Security Procedures may include, but are not limited to, call-back procedures, request for personal identification, password, PIN number, telephone code words, or any other security code, algorithms, encryption or similar security devices. Third Parties means with regard to Business Account customers any party whom you hire, employ, or to whom you delegate your duties or responsibilities to administer Digital Deposits. You are responsible for the condition of a check or item when you issue it. N. Dormant Accounts On any transactions involving the Account, we may act on the instructions of the person(s) authorized in the resolutions, banking agreement, or certificate of authority to act on behalf of the Account Holder. beneficiaries. Easy breezy payments. (4) Substitute Checks Deposited by You Should you receive a valid Substitute Check from someone else that has not yet been collected, you may deposit that Substitute Check in the same manner as you would deposit an Original Check you received. For each checking Account, we establish a master account and two subaccounts. This Disclaimer of Warranties section shall survive any termination of this Agreement for any reason. (1) Individual Accounts ARC conversion may occur when you mail your check to a biller (e.g., credit card company, utility company) who uses the check information to initiate an electronic debit against your Account and may, at the billers discretion, destroy your check. A. Debit Card Services (Including Health Savings Account Debit Cards). Underneath the line where you sign the check is a small area for notes. (Right of Setoff). Generally, everyone whose name is on a joint account can write checks, withdraw money, and make transactions. (14) Electronic Checks 1. To help safeguard against potential unauthorized use of your Account, you should employ reasonable caution when using a mobile phone, mobile device, tablet, wearable device, or wireless Internet access to conduct any electronic transactions with us (including, but not limited to, SMS text message transactions). Customer should not insert non-U.S. currency into the Smart Safe as non-U.S. currency will not be processed by the Smart Safe Vendor or Bank. It is your responsibility to read and understand the third-party agreements before creating, activating, or using a Mobile Card (as that term is defined below) in a Digital Wallet. Why are banks required to obtain this information on cash transactions over As part of the Security Procedures, Bank may employ various authentication technologies, including, but are not limited to, use of Online Banking Services user IDs, passwords and other AAI that Bank may require you to provide at Banks sole discretion. If you open multiple Accounts, you may receive Schedule information and certain disclosures for each Account, but this Agreement will cover all your Accounts with us. E. Assignability Frost will pay any costs that are required to be paid by Frost under the arbitration administrators rules of procedure. This allows us to contact you when we identify a potentially fraudulent Debit Card transaction. While we may accept non-conforming endorsements, you will be responsible for any loss incurred by us due to the delay in processing or returning the item for payment. If you deposit items which bear the endorsement of more than one person or of persons who are not signers on the Account, we may refuse the item or may require you to have their endorsement guaranteed before we accept an item. By using Digital Deposits, you agree to provide information, including financial information, which we may, in our sole discretion, require from time to time regarding you or any Third Party which you hire, employ, or retain in any manner, to administer Digital Deposits or assume any of your duties under the Agreement. If we receive conflicting instructions or a dispute arises as to authorization with regard to the handling of the Account, you agree we may place a hold on the Account until such conflict or dispute is resolved to our satisfaction and we will not be liable for dishonored items as a result of such hold. The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your Account and fees that were charged as a result of the withdrawal (for example, non-sufficient funds fees). Generally, if you deposit a check or checks for $200 or less in person to a bank employee, you can access the full amount the next business day. Other Features Include: - Place a temporary freeze on your debit card. For the most current list of Payment Card types that are eligible for the Digital Wallet Service, please visit www.frostbank.com. A Substitute Check that you receive is the legal equivalent of an Original Check for all purposes. If you have any questions on this or any other regulatory subject, please do not hesitate to call your branch or your banker. (2) Multiple-Party Accounts Our rights and liabilities for payment of any sums on deposit in these types of Account shall be governed by the Texas Estates Code, as amended from time to time. We may, at our sole discretion, determine: (1) the routing method and settlement systems (e.g. We are not liable to you if there are insufficient funds in your Account due to a hold or charges related to a returned item. (3) Holds on Other Funds (Check Cashing) Such warranties also include the following two (2) specific warranties regarding transfer and presentment: You warrant that the Electronic Image that we convert to a Substitute Check meets the requirements described in 229.51(a)(1) (2) of the Check 21 Regulation (found at 12 CFR 229.51(a)(1) (2)) for legal equivalence; and. If your Account is overdrawn when closed, you agree to pay immediately all amounts you owe to us. We reserve the right to verify any transaction carried out by a convenience signer with the owner(s) of the Account. A. Upon our request, you will supply us a copy of any trust agreement covering the Account. (2) Smart Safe Services (4) Substitute Checks Deposited by You, X. You represent that for Digital Deposits, you consider the Security Procedures to be commercially reasonable with respect to the size, type, and frequency of deposits you anticipate submitting. If you're in Texas, chances are there's a Frost nearby with folks you can trust to navigate you through any financial decision, no matter how simple or complicated. Our acceptance of a stop payment order will not constitute a representation that the electronic funds transfer or ACH Transaction has not already been paid or that we have a reasonable opportunity to act upon the order. Head to the bank. For additional information, you can view transaction details by logging into Frost Online Banking Services or you can call the number on the back of your Payment Card to speak to a Frost banker. You authorize us to request and obtain one (1) or more credit reports about you from one (1) or more credit reporting agencies for the purpose of considering your application for the Account, reviewing or collecting any Account opened for you, or for any other legitimate business purpose. You agree that our retention of checks does not alter or waive your responsibility to examine your Account statements or change the time limits for notifying us of any errors. You acknowledge that the terms of the Texas Uniform Commercial Code Section 4.209 pertain to all encoded items. Telephone: (800) 513-7678, In writing: (2) Minimum Balance Requirements The Schedule may specify a minimum balance that you are required to maintain in your Account. Subject to applicable law, we may exercise our right of setoff that we are entitled to exercise under common law, under this Agreement and under statute (see Texas Finance Code Section 34.307), or security interest to recover amounts you owe us from any and all Accounts you maintain with us or with our affiliates before we pay checks or other items drawn on the Account(s), without notice to you, except that this provision does not apply to any IRA Keogh Plan, certain Trust Accounts (but excluding Totten Trust Accounts), or Health Savings Accounts. (Stop Payment Orders for Checks) and X.B.10 (Stop Payments on ATM, POS or Debit Card Transactions) for more information regarding stop payment orders). However, federal laws require that we obtain specific information from you when conducting certain cash transactions. A. You may purchase up to $4,500 per card per day at Visa merchants, POS terminals, and by cash advance. Federal law requires that all banks file a form known as a Currency Transaction Report (CTR) whenever a customer conducts transactions greater than $10,000 in cash on any given day. You agree to the Security Procedures used by the Bank in connection with the Digital Deposits. Depending on the type of check that you deposit, funds may not be available until the second Business Day after the day of your deposit. To the maximum extent permitted by applicable law, you will be solely liable for all transactions initiated before the Bank has received such notification and has had a reasonable opportunity to act on such notification. "This partnership brings together three Texas-based companies--Frost, Cardtronics and Valero--in a move that significantly expands the number of ATMs our customers can use free of charge. If you hold an open account of any type with a bank, they will cash a valid check for you. Items may be returned as image exchange Items, rather than Substitute Checks. You agree that, unless a different period is set forth herein, any claim, action, suit or proceeding against Frost for damages resulting in any respect from its acts or omissions in its performance under this Agreement must be brought within two (2) years from the date of Frosts alleged act or omission. For security reasons, we may require you to close your Account and to open a new Account if: (1) there is a change in authorized signers; (2) there has been a forgery or fraud reported or committed involving your Account; (3) any Account checks are lost or stolen; (4) you have too many transfers from your Account; or (5) any other provision of our Agreement with you is violated. 5. Checks or other items containing apparent alteration to any of the information on the front of the check or item, or which you know or suspect (or should know or suspect) are fraudulent or otherwise not authorized by the owner of the Account on which the check or item is drawn. We will also pay any fees of the arbitrator and arbitration administrator for the first two days of any hearing. However, if we do not determine that the withdrawal or debit is a represented Item and we return it due to non-sufficient funds or we pay the Item that results in an Overdraft, you will be charged the corresponding fee. In addition, you agree to reimburse us for all claims, losses, costs and damages we may incur regarding any Electronic Image, Substitute Checks or IRD deposited by you. (iv) Liability for Failure to Stop Payments If you order us to stop one (1) of these payments three (3) Business Days or more before the transfer is scheduled, and you have given us the information we requested, including the exact amount of the payment, we will be liable if we fail to stop the payment for your losses or damages up to the amount of the payment. Consider using a check. If any amount deposited must be returned to the government for any reason, you authorize us to deduct the amount from your Account as provided in the Final Payment paragraph above. You agree that a Mobile Card may be automatically updated or upgraded without notice to you. However, Frost Bank customers also have a responsibility to themselves and to others (including Frost Bank employees) to ensure that everyone who is present on the Premises conducts themselves in a respectful, safe and secure manner to promote a safe and pleasant in-person banking experience. This requirement was implemented in 1970 under the Bank Secrecy Act. If your Account has not matured, any withdrawal of all or part of the funds from your Account may result in an early withdrawal penalty. Section 408 or Title 26 U.S.C. FROST WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE FUNCTIONING OF ANY MOBILE CARD, SUCH AS UNAVAILABILITY OF THE DIGITAL WALLET OR YOUR WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION. 721 Smith Rd. You represent and agree that all information you provide to Frost in connection with the Digital Wallet Service is accurate, current, and complete and that you have the right to provide such information to Frost for the purpose of using the Digital Wallet Service. If you have this type of Account, your convenience signer has no ownership of the Account, and may not pledge or otherwise create a security interest in your Account(s). You understand, acknowledge and agree that the Bank is not responsible for any loss or damages resulting from any errors or failures of your personal computer, mobile device or data processing systems, including, but not limited to any personal computer or mobile device virus or malware attack (such as a keystroke logging program or similar malware), any attack by a person attempting or actually gaining unauthorized access to the data owned by you, or any Internet- related problems that may be associated with your access and use of our Digital Deposits. You also agree to promptly file a report with proper law enforcement agencies and otherwise to provide supporting affidavits, evidence and testimony we reasonably request in connection with the alleged error or unauthorized transaction. (1) What is a Substitute Check The term Agreement includes this document, the Account signature card and all signature card addenda (Signature Card), Truth in Savings disclosures and other Schedules, and any other agreement, as amended from time to time, that is applicable to the specific type of Account you open that we provide to you, including, but not limited to: the Frost Online Banking Agreement and Disclosure (which includes optional Mobile Banking Services); the Treasury Management Services Agreement; the Personal and Health Savings Account Debit Card Agreement and Disclosure (or other similar agreement); the Business Debit Card Agreement and Disclosure (or other similar agreement); and the Electronic Funds Transfer Agreement and Disclosure. P.O. FROST DISCLAIMS ANY RESPONSIBILITY FOR THE DIGITAL WALLET OR ANY WIRELESS SERVICE USED TO ACCESS, USE OR MAINTAIN A MOBILE CARD OR ACCESS THE DIGITAL WALLET SERVICE. (vi) Attorney Client Trust (IOLTA) Subject to applicable law, an Attorney Client Trust Account (also referred to as an Interest On Lawyers Trust Account, or IOLTA) is an Account set up by an attorney or law firm to hold client or third-party funds in trust, separate from the attorneys or law firms funds. (5) Stale Checks Non-resident aliens without a Social Security Number are required to provide an official document issued in their country. The 55-year-old, who is married to former president Nicolas Sarkozy, put on a leggy display as she stepped out at the Saint Laurent show during Paris Fashion Week on Tuesday evening.
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