This notice describes the rights you have when you receive Substitute Checks from us. 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. No. Disruptive conduct of any nature by a Frost Bank customer will not be tolerated on the Premises, and such conduct will result in ejection of the disruptive Frost Bank customer from such Premises. Lily Collins reveals she'd 'love to have a family' with husband Charlie McDowell and says Emily In Paris has made her take more risks in life as she channels Audrey Hepburn in stunning shoot (Required Disclosures Under Electronic Funds Transfer Act and the Consumer Financial Protection Bureaus Regulation E). Customer hereby agrees to comply with its obligations under the resulting agreement (Vendor Agreement). Retailers and Check-Cashing Stores . (2) General Information These provisions apply to electronic fund transfers involving Personal Accounts. You acknowledge and agree that the classification of a debit card transaction (except ATM transactions) as recurring or non-recurring is determined by merchants, other institutions or other third parties before it is presented to us for authorization or payment and we will treat and process such debit card transactions in the manner they are presented to us, which may result in one-time debit card transactions presented as recurring preauthorized transactions and vice versa. The first $225 of your deposits, however, will be available on the first Business Day after the day of your deposit. If any person notifies us of a dispute, we do not have to decide if the dispute has merit before we take further action. Although Frost Bank employs security and authentication procedures for customers using our Online Banking Services (including optional Mobile Banking Services), we strongly encourage you to conduct wireless Internet online banking activities only over a secure wireless network to further ensure that your Account information, password, User ID and any AAI cannot be intercepted during transmission over a wireless network without your knowledge or authorization. Frost Bank may also exercise its right to deny entry to the Premises to any Frost Bank customer or other person what is identified as being disruptive or a threat to Frost Bank employees, Frost Bank customers, or others. Check 21 requires that we provide you with the following disclosure entitled Substitute Checks and Your Rights. If you have any questions about this, or anything else relating to Check 21, please give us a call at 1-800-513-7678. Should a drawee financial institution return an item to us unpaid, we will charge your respective Account for such returned item and may either: (1) return the item to you; or (2) re-present it to the drawee financial institution before returning it to you. O. To do this, the bank or check cashing place will usually ask for at least two forms of picture identification. YOU UNDERSTAND AND EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS) OR FOR ANY INDIRECT LOSS THAT YOU MAY INCUR OR SUFFER IN CONNECTION YOUR USE OF DIGITAL DEPOSITS OR OUR TERMINATING YOUR DIGITAL DEPOSITS SERVICES IN ACCORDANCE WITH THIS AGREEMENT. You may close your Account by notifying us at any time, except that we may require you to give us seven (7) days advance notice when you intend to close your savings or interest bearing checking Account by withdrawing funds. This includes any losses incurred via natural acts of God, safe robberies, fire etc. (11) Confidentiality If the Account is a Personal Account, then these transfers are governed by the Electronic Funds Transfer Act and Regulation E, and are also governed by the NACHA Operating Rules and Operating Guidelines and are also subject to the separate Frost Bank Electronic Funds Transfer Agreement and Disclosure as described in Section X.B. 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. If you are a Business Account Holder and intend to make use of a Third Party to administer your Digital Deposits activities, you agree to notify us in writing, in a form that is acceptable to Bank, of the name of any Third Party whom you hire, employ, or to whom you delegate your duties or responsibilities under the Agreement, before that Third Party initiates any transaction or performs any obligation authorized or required under this Agreement. For transactions processed through the Visa system (for example, use of your personal Debit Card when no PIN is used), liability limits differ from those set forth above. Frost and its Third-Party Licensors retain all right, title and interest in and to the software used by Frost to provide the Mobile Card(s), Digital Wallet Service, and any modifications and updates thereto. If Account statements are held by us in accordance with a Hold Request or because you fail to provide us with a current address, they will be deemed delivered to you when they are either prepared (if held by us) or delivered to the Statement Call division (if held pursuant to a Hold Request from you), mailed (for return mail), or otherwise made available to you. Each renewal of a stop payment order will be treated as a new stop payment order. If the minimum balance is not maintained as shown on the Schedule, we, at our option, may not pay interest on your Account and/or may charge a fee for that period. This will typically include your driver's . You further represent that you do not derive any of your income from entities that are engaged in in the production, manufacturing/refinement, distribution or sale of cannabis or cannabis-derived products that are classified as Schedule I drugs under the federal Controlled Substances Act, either directly or indirectly (including, but not limited to, rental property income). You agree to reimburse us (and we may charge your Account) for all claims, costs, losses and damages, including attorneys fees, that result from our payment of a withdrawal bearing either a facsimile that resembles or purports to bear your signature or Mark or a facsimile that we believe you authorized. 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. You further represent that you do not derive any of your income from entities that are engaged in the production, manufacturing/refinement, distribution or sale of industrial hemp or industrial hemp-derived products (such as products containing CBD oil) that are not classified as Schedule I drugs under the federal Controlled Substances Act, either directly or indirectly (including, but not limited to, rental property income). You may change your phone number by following the steps outlined at www.frostbank.com. Magnetic Ink Character Recognition Line or MICR Line means the numbers, which may include the routing number, Account number, check number, check amount and other information, that are printed near the bottom of a check in magnetic ink in accordance with the Standards. (6) Our Right to Refuse Deposits We may refuse a deposit, or part of a deposit, to your Account at any time. Since 1868, Frost Bank has recognized and respected our customers right to confidentiality. For a fee starting at $3 you can cash your government, payroll, dividend, insurance and Western Union Money Orders that are purchased at H-E-B. (2) What are Your Rights Regarding Substitute Checks (v) Fiduciary Accounts With respect to all fiduciary Accounts, including, but not limited to, estate Accounts, guardianship Accounts, and conservatorship Accounts, and any formal trust Account, Texas Uniform Transfers to Minors Act Account, or Agency Account, at any time we may require such documents and authorizations as we may deem necessary or appropriate to satisfy us that the person(s) requesting or directing the withdrawal of funds held in the Account have the authority to withdraw such funds. These electronic funds transfers are generally governed by regulations issued by the Federal Reserve Board of Governors. Either you or Bank may terminate Digital Deposits, with or without cause, upon thirty (30) calendar days written notice to the other of its intent to do so, sent to you at your statement address and sent to us at the address provided herein. J. (4) Postdated Items You agree that when you write a check you will not date the check in the future. On death of the Account owner, ownership of the Account passes as part of the Account owners estate by will or by intestacy. This obligation includes disputes between you and us involving your Account and situations where we become involved in disputes between you and an authorized signer, a joint owner, or a third party claiming an interest in your Account. Types of Account Ownership If an item to be charged back is lost in the process of collection or unavailable for return, we may rely upon a photocopy of the item or upon any other generally accepted notification of return of the item, in charging you or any of your Accounts for the amount of the returned item. While these electronic debits are listed on your Account statement, the electronic debit of the funds from your Account will not appear under the Checks Paid section of your monthly statement. Take a photo of the front and back of your check. An AFT is a transfer of funds from a Visa card account to another eligible account. If you or your Account becomes involved in a Legal Process, your use of the Account may be restricted. IV. Electronic Image means a digital or electronic representation of an Original Check that is a Sufficient Copy and meets all of the Standards and is submitted by you to Bank for processing and collection as a Substitute Check. (3) Initial Interest Rate The Initial Interest Rate is the current annual rate of interest that we will pay on the specified balance in your Account. We are not required to close your Account at your request if you have pending transactions, the Account is overdrawn or your account is subject to Legal Process (such as garnishment, attachment, execution, levy or similar order). What if I do not want to provide the Bank with this information? on the business day after the day of the deposit, if you deposit the cheque in any other manner (for example, ATM or mobile deposit) if the cheque is for $100 or less, you must receive the entire amount. I waited over an hour for my money and both I and the check holder banked with them. Original Check means the first paper check issued to or endorsed in your favor with respect to a particular payment transaction. If you operate as a sole proprietorship, you agree to notify us promptly of any change in the name of the business owner, in the physical address of the business, in the home address of the business owner, in the drivers license number of the business owner, or in the business owners personal identification card number issued by the applicable Department of Public Safety. In addition to your ability to request that a Wire Transfer be sent in a currency other than U.S. dollars, Wire Transfers that are denominated in U.S. dollars but contain instructions from you for us to send to an account denominated in a foreign currency, may be converted by us or converted by an intermediary or correspondent bank or the receiving bank, in such entitys sole discretion, into the applicable currency of the country the Wire Transfer is being sent to. K. Funds Availability Hold means funds deposited into your Account that are not yet eligible for withdrawal under our funds availability rules set forth in this Agreement. You have overdrawn your Account repeatedly in the last six months. A. You can use it the same way you would use the Original Check. You may use a Substitute Check as proof of payment just like the Original Check. The amount of your refund under this procedure is limited to the amount of your loss or the amount of the Substitute Check, whichever is less. Check cashing services for payroll checks, government checks, tax checks, and money orders are available at many Walmart stores for a small fee$4 for checks $1,000 or less and $8 for checks higher than $1,000, with a maximum check amount of $5,000. We, our correspondent banks, and other banks involved in the Wire Transfer process may charge additional fees or convert currency, in some cases providing compensation to us. We may also refuse a deposit after initially accepting it. We have the right to advise consumer reporting agencies and other third party reporting agencies of Accounts closed for misuse, such as Overdrafts. If you tell us orally or electronically, we may require that you send us your complaint or question in writing within ten (10) Business Days after you initially inform us. - Create memos for each transaction. For disputes less than $100,000, a single arbitrator will conduct the arbitration and will use substantive Texas law, the applicable statutes of limitations, statutes of repose, and conditions precedent to suit, and will honor claims of privilege recognized at law. If you establish a joint Account without the signature of the other joint Account Holder(s), you agree to hold us harmless for our reliance upon your designation of the other joint Account Holder(s) listed on our documents. Call a Frost Treasury Management Representative Monday - Friday from 7am - 6pm CST at (888) 481-0336. Frost Bank shall have no liability to you for refusing to accept a Power of Attorney if such refusal is in accordance with Texas Estates Code Section 751.206, and we provide you with the Written Statement of Refusal of Acceptance as required under Texas Estates Code Section 751.207. You agree that if we pay a withdrawal or debit that results in an Overdraft or if we return a withdrawal or debit because your Current Balance is insufficient to pay the withdrawal or debit when it is processed against your account, we may charge you a fee, as allowed by applicable law and as set forth in the rate and fee Schedule applicable to your Account. Federal laws, including the Bank Secrecy Act, require that all banks obtain this information on these types of cash and monetary instrument transactions. Cash Vault Services allows such customer to place coin orders for coin and currency and schedule delivery and pick up. Any final arbitration award, rendered in a reasoned opinion, will be binding on the named parties and enforceable by any court having jurisdiction. In the event of termination of Digital Deposits, your rights and responsibilities as well as ours, shall continue through any applicable settlement period, including your responsibility to pay us for Digital Deposits and with respect to transactions processed prior to the effective date of termination. All disputes arising from or related to your Account or this Agreement shall be governed by the substantive laws of the State of Texas (without regard to its conflict of laws principles). 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. 2. 5 business days after the day of the deposit. Also, you and the Bank agree that the arbitrator(s) do not have authority to render a decision which contains reversible error of Texas or federal law, or to recognize a cause of action or remedy not expressly provided for under existing Texas or federal law. Gather two forms of photo identification. B. 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. We may charge you a fee for each stop payment order you give us in accordance with our fee schedule. If you do not have sufficient available funds to recover a returned item, we may overdraw your Account(s). As part of our banking services, we employ various authentication technologies for your protection. YOU SHOULD CHECK WITH YOUR DIGITAL WALLET PROVIDER AND YOUR WIRELESS CARRIER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES. If the arbitrators cannot agree on the appointment of the third member, the AAA or like organization, as applicable, shall appoint the third member subject only to a disqualification for cause. However, there are some exceptions to our liability. C. Fraud and Loss Prevention; Legal Process; Legal Compliance; Reservation of Rights (c) Multiple-Party Account with Right of Survivorship If this is the type of Account you have with us, then you and the other parties to this Account own the Account in proportion to each of your net contributions to the Account. (1) Your Ability to Withdraw Funds Check 21 means Regulation CC, Subpart D, promulgated to implement the provisions of the Check Clearing for the 21st Century Act. Frost is not liable for any failure or performance of any Digital Wallet or any third partys products or services. Bring a valid photo I.D. From time to time, we may offer or you may open various types of deposit Accounts. Truncate means to remove an Original Check from the forward collection or return process and send to a recipient, in lieu of such Original Check, a Substitute Check or, by agreement, information relating to the Original Check (including data taken from the MICR line of the Original Check or an Electronic Image of the Original Check), whether with or without the subsequent delivery of the Original Check. If your bank is closed, won't cash the check, or won't give you more than $200 in cashor you don't have a bank accountyou can try to get cash at a retailer. You may generally not stop payment on an electronic funds transfer or ACH transaction after acceptance of the item by us, except as specifically allowed under NACHA Rules (defined herein) with regard to ACH transactions. If you are a sole proprietor, we may charge any of your Personal or Business Accounts. 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. We may rely on that information until you notify us of a change and we have had a reasonable time to act on the new information. B. On your death, your ownership passes as a part of your estate under your will or by intestacy. You agree to repay immediately an Overdraft caused by a return of a cashed or deposited item. That organization will apply its procedures in effect at the time the arbitration claim is filed. Such mediation will be scheduled to take place within thirty (30) calendar days after the notice is given. Expected timing for mobile deposits. If you want to add a Payment Card to your Digital Wallet, you agree to follow the procedures adopted by your Digital Wallet provider and any further procedures Frost adopts. Such electronic debits generated by ARC, POP or BOC conversion are separate and distinct from Substitute Checks discussed previously, and are governed by separate laws rules and regulations for electronic debits. You represent that you are not engaged in the production, manufacturing/refinement, distribution or sale of cannabis or cannabis-derived products that are classified as Schedule I drugs under the federal Controlled Substances Act either directly or indirectly. This estimate is based upon 62 Frost Bank Personal Banker salary report(s) provided by employees or estimated based upon statistical methods. If your Account earns interest, the following information applies: (1) Payment of Interest We will pay interest at the annual rate specified on the applicable Schedule, which does not reflect compounding. Show valid identification to the teller. Can I avoid having this form filed if I break up the transaction into smaller amounts? 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. (1) Your Ability to Withdraw Funds You should review any minimum balance requirements on any applicable Schedule(s). You deposit checks via Digital Deposits totaling more than any applicable daily dollar amount limit, monthly Item limit or any other limitations on your Digital Deposits that Bank may impose. 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. You represent that you are not engaged in the production, manufacturing/refinement, distribution or sale of industrial hemp or industrial hemp-derived products (such as products containing CBD oil) that are not classified as Schedule I drugs under the federal Controlled Substances Act. 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. H. Current Balance means the amount of funds Frosts records show in your Account, including debits and credits that have posted to your Account to date, minus the amount of any Funds Availability Holds. In addition, you agree that we do not fail to exercise ordinary care in paying an item solely because our procedures do not provide for the sight examination of items with a face amount below an amount determined solely by us from time to time. 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. (2) Smart Safe Services Smart Safe Services allows a Business Account customer to deposit currency into an electronic smart safe/bill counter (the Smart Safe) and receive provisional credit from the Bank the following Business Day. 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