Failure to comply with the requirements above may prohibit you from recovering certain funds that were transmitted electronically, and may also preclude us from being able to return ACH transactions in accordance with NACHA Operating Rules and Operating Guidelines. Bank reserves the right to refuse to provide provisional credit for any Smart Safe deposits at its reasonable discretion. This Agreement will control any conflicts between its procedures and this Agreement. Double . You did not receive your scheduled Account statement. We will not allow you to pledge the Account as collateral for any loan to you. (2) Withdrawal Restrictions and Overdrafts We process Items received by us for settlement each Business Day to determine your Current Balance in the manner described in this section. Given that your Supported Digital Wallet Device can be used like a Payment Card to make purchases, you must notify Frost in the event your Supported Digital Wallet Device is lost or stolen with the same urgency as if your actual Payment Card is lost or stolen. By selecting a Mobile Card and placing your Supported Digital Wallet Device near a merchants contactless-enabled POS terminal or reader or using that Mobile Card for an in-app purchase, you are authorizing the payment for the merchants products or services with that Mobile Card through the Digital Wallet Service. YOU UNDERSTAND AND AGREE THAT YOU WILL BE RESPONSIBLE FOR MAINTAINING SECURITY AND CONTROL OVER ALL USER IDS AND PASSWORDS PROVIDED BY BANK, AND SHALL USE SECURITY FOR SUCH ITEMS COMPARABLE TO THE SECURITY AND CONTROL YOU WOULD USE FOR CASH, BUT IN NO EVENT LESS THAN REASONABLE SECURITY AND CONTROL IN THE CIRCUMSTANCES. Second Business Day after approval. In this Agreement, each and all of the depositors may be referred to as you, your, Account Holder or customer. Frost Bank may also be referred to as Frost, Bank, we, our, and us. Party refers to either you, your agent under any Power of Attorney, or Frost, as the case may be, and Parties refers collectively to both you, your agent(s) under any Power of Attorney, and Frost. Box 1600, San Antonio, Texas, 78296, Attention: Loan Operations. You also understand and agree that we may terminate your Account immediately if you become engaged in any of the activities described in this paragraph during the course of your relationship with us. The Bank reserves the right as encryption technology develops to impose further reasonable requirements to maintain the appropriate level of security for Digital Deposits and transactions contemplated hereunder and you agree to abide by such requirements. $10,000 and on cash purchases of monetary instruments in the amounts of $3,000 to $10,000? 1.0% of the check amount ($3 minimum and $25 maximum) M&T Bank. We may, in our sole discretion, terminate your Digital Deposits effective immediately if: (1) there is an occurrence of a material change in your Account activity or other risk analysis criteria as determined by us in our sole and absolute discretion; (2) we at any time determine that you (or your Third Party) does not meet our risk or other qualification requirements; (3) we discover any willful misconduct (including, but not limited to, types of fraudulent activity) on your part or any other party with respect to Electronic Images submitted for deposit by you using our Digital Deposits; (4) you are in default of any terms of this Agreement where such default gives us the right to terminate, immediately or otherwise, or close your Account; (5) you have not used Digital Deposits for a period of time deemed to constitute an inactive service by us (in our sole discretion); or (6) you are in default of any terms of the Agreement or any other agreement with us. (i) Stop Payment Rights If you have told us in advance to make regular electronic funds transfers or ACH transactions out of your Account(s), you can stop any of these payments. Statements (and any accompanying items) shall be deemed made available to you by mail on the third (3rd) Business Day after the date when we mailed the statement to your statement mailing address, and statements shall be deemed made available to you through Online Statement Delivery (if applicable) on the date when the statement is posted in Online Banking. Funds that are deposited using Digital Deposits will not be deemed received by us until we have received an Electronic Image that meets all of the requirements for deposits via Digital Deposits (including all requirements to create a Substitute Check) stated in this Agreement and in the Digital Deposits documentation. The availability of funds for deposits via Digital Deposits is set forth in the Funds Availability Policy Disclosure section of this Agreement. 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. If the business uses POP to take a blank check to initiate an electronic debit at the POS, the business should give you notice of the POP conversion and return the voided check to you. If you do not opt-in to allow us to pay one-time debit card transactions that result in an Overdraft, we may still pay those transactions, in our sole discretion, and you are still required to promptly repay us the amount of the Overdraft, but we will not charge you a fee. (2) Report Lost or Stolen Devices or Payment Cards. Some or all of these original paper checks may be replaced with Substitute Checks. Upon either Party sending a written request for negotiation to the other Party, the receiving Party must respond within ten (10) calendar days of receiving such request. Such Original Checks must be securely stored (e.g., in a locked cabinet) to prevent unauthorized access to them until they are destroyed, as provided for below. Notices from you will be effective when received by us at the telephone number or the address specified in this Agreement. Please feel free to call us at 1-800-513-7678. We are pleased to provide you with our Deposit Account Agreement (the Agreement as further defined below), which applies to any personal or business checking, savings, money market or CD account (each either a Personal Account or a Business Account and, collectively, Account(s) as defined below) you may have with Frost Bank. You also might want to bring the following items: Your ATM card, debit card, secured card or prepaid card. Other Features Include: - Place a temporary freeze on your debit card. (2) Final Payment All non-cash items (for example, checks) deposited to your Account are posted provisionally, subject to verification and our receipt of final payment by the payor bank upon which the check is drawn. 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. We are obligated by federal law to report to applicable government agencies transactions that may be structured with the intent to avoid the reporting requirements, and other transactions that appear to involve illegal activity. You may place a stop payment on certain future recurring pre-authorized debit card transactions by providing us your debit card number, merchant name, and transaction amount. G. Fees If your Account is overdrawn when closed, you agree to pay immediately all amounts you owe to us. We act only as custodian of the trust funds and are not acting as a trustee, nor do we need to inquire as to the powers or duties of the attorney or law firm as trustee(s). Should you desire to utilize Digital Deposits (Banks remote deposit capture services), you must request such services from Bank either in person, via telephone or via the applicable Internet banking services (e.g. The negotiation shall be held within twenty (20) calendar days after such response is received by the Party initially requesting the negotiation; and the Parties must either complete the negotiation or agree that the dispute cannot be resolved through negotiation within thirty (30) calendar days of the first negotiation meeting. The funds in the other Account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited. 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. (3) Certain Direct Deposits If we offer direct deposit services for automatic preauthorized deposits to your Account of Social Security payments or automatic transfers from your other Accounts with us, you must notify us at least thirty (30) calendar days prior to the next scheduled direct deposit or preauthorized transfer if you wish to cancel the direct deposit or transfer service. The arbitrator(s) shall in no event, have any power or authority to consolidate claims asserted by different claimants or counter-claimants, adjudicate any claims presented to them on a class wide basis, treat any claimant or counter-claimant as a representative of a class of claimants or counter-claimants, or award any relief on a class-wide basis. In addition, if we offer interest-bearing Accounts, such Accounts may also be held by a for-profit organization serving in a fiduciary or trustee capacity for a person or an entity that is itself permitted to hold an interest-bearing checking Account, and by an organization that is operated primarily for religious, philanthropic, charitable, educational, or other similar purpose. Walmart. Also, if your Account statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. The purpose of the Bank Secrecy Act and other anti-money laundering laws is to help the U.S. Department of Treasury and law enforcement in their fight against criminal offenses, including money laundering and terrorist financing. You authorize Frost to collect, use and share your information in accordance with the applicable Frost privacy policies, as they may be amended from time to time. We use your Available Balance to determine whether we will authorize ATM and one-time debit card transactions at the point of sale. 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. (9) Fees 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 may withdraw up to $1,000 per card per day at ATM terminals (separate ATM machine withdrawal limits may apply). Frost Bank reserves the right to inquire about any deposits made, withdrawals from, or other disposition of funds or Account transactions or activity, regarding any or all of your Frost Bank Accounts, including, but not limited to, the right to contact you directly regarding any Account activities. Your Digital Wallet provider, your wireless carrier, and other third-party websites or services integrated in any Digital Wallet have their own third-party agreements and you are subject to those third-party agreements when you give them your personal information, use their services, or visit their respective sites. However, by noting the assignment, we do not have any responsibility to assure that the assignment is valid. A. Possession or consumption of alcohol or illegal drugs is prohibited on the Premises, and smoking, including e-cigarettes and vaporizers, are only allowed on the Premises in specially designated areas. Telephone Customer Service In this Agreement, each and all of the depositors may be referred to as "you," "your," "Account Holder" or "customer.". The average face value of a check presented to a check-cashing outlet is $442.30, with the average fee to cash that check being $13.77, or about 3.1 percent, according to the FDIC. 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. Notices will be sent to the most recent address shown on our records for your Account, or, if relevant, as provided in the agreement between you and us regarding your use of the Frost Online Banking Services or Treasury Management Services (as defined in the applicable agreement). If we are required by state law not to honor a postdated check after advance notice from you, you agree to give us advance notice early enough for us to act on it, to do so in writing, and to specify the date, exact amount, and number of the check, along with the name of the payee. Governing Law; Dispute Resolution; Arbitration; Statute of Limitations, Fraud and Loss Prevention; Legal Process; Legal Compliance; Reservation of Rights, Frost Bank Property, Branch and ATM Code of Conduct, Notify Us of Inaccurate Information We Report to Consumer Reporting Agencies, Consent to Autodialed and Prerecorded Phone Calls and Text Messages; Consent to Fraud Alert Text, Debit Card Services (Including Health Savings Account Debit Cards), Frost Online Banking Services for Personal and Business Accounts, Mobile Device and Wireless Internet Access, Lost, Destroyed or Stolen Cashiers Checks, Tellers Checks or Certified Checks, Wire Transfers and Automated Clearing House (ACH) Transactions, Cash Vault Services and Smart Safe Services, Representations and Agreements; Indemnity, Relationship to Your Digital Wallet Provider, Required Disclosures Under Electronic Funds Transfer Act and the Consumer Financial Protection, IMPORTANT INFORMATION ABOUT CASH REPORTING REQUIREMENTS FOR BANKS UNDER THE BANK SECRECY ACT. 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