|
The following section 5.7 applies ,o Accounts in the United Sta***.Wto Services provided in connection with such Accounts.
<br />�7 All ACHentries received for an Account will be received by the Bank subject to the rules of the National Automated Clearing House
<br />Association and any other applicable &CH rules. The Customer agrees m be. bound by such ACH wileo Any credit given by the Bank to
<br />the Customer for ao^co entry shall b* provisional until the Bank receives final o,ffim,*o/,x the Bank does not receive final
<br />settlement, tlhe Bank may revoke the pmvisiona|credit and charge back the amount oo the Account *, obtain u refund from the
<br />Customer, m which case the originator o/tire credit oa'r' shall not veu**mwu /o have paid tire Customer the omowo/of such entry The
<br />Bank shall not be obligated to notify the Customer of the receipt of a payment order or ACH entry for creditor deal to an Account.
<br />Inonr*o«Foos;Twxos.
<br />6 1 The Bank may pay interest dminNtem Accounts ata rate determined ^y the Bank The Bank may adjust interest paid
<br />(or principal, x permitted hy law) stroller impose any charges on time deposit Accounts v/fixwd term Accounts (Tom which withdrawals
<br />are i prior to maturity
<br />02 The Bank may impose, charge, pass-through charges for Accounts and Services provided by the Bank,
<br />including, but not limited to, transaction, maintenance, bmlanmpumocmooy, and service fees and other charges, inducting those levied by
<br />any governmental authority (collectively "Fees"). The Customer wilt pay all Fees, The Bank may debit any Account for Fees, whether or
<br />not such debit may result i"mn overdraft vf the Account. All Fm msm@maaok shall bwin full .without set-off urovumwrchum.and
<br />free of any deduction or withholdlings, related to any tax or other claim.
<br />63 The Customer will pay ormknbomo the Bank far any taxes, levies, impacts, deductions, charges, stomp, transaction and other duties
<br />and withholdings pogmt*or with any related interest, W* fines and expenses) m connection with the Account mServices
<br />(including tor,nnpipm tnv*AccvunV except i, imposed onmeovera:no/mcvmwn+i:eRank The Customer will provide the
<br />Bank such documentation, declarations, cenficoftions and information as the Bank may require io connection with taxation, warrants that
<br />such information m true and correct in every respect and shah immediately notify the Bank i any information requires updating or
<br />Account Statements.
<br />/1 The Bank will issue Account statements cvnhnna$vnw or adi mu"} at the frequency and ~ the insurer advised
<br />m the Customer from time m time The Customer is responsible for ensuring Anal au Authorized Person promptly examines each
<br />Account Statement and any accompanying Items which it receives or are made available to it by the Bank, and reporting any
<br />inpAo|ud/iws to the Bank in writing inducing any claim nf improper or unauthorized funds transfer activity The Bank shall not be
<br />responsible for the Customer's reliance m, balance, transaction m related information that is subsequently updated n/ corrected u/for
<br />the accuracy timeliness of information supplied by any third party to, the Bank Internet Account Statements or ellectionic Account
<br />Statements, i, applicable, shall bm deemed ty the Customer and Ilia Bank |ouvavailable tn the Customer when the Account Statements
<br />are posted ^n the Internet and the Bank sends anelectronic mw|| notification of availability tv the Customer, w/ when the Bank sends title
<br />electronic Account Statement b, the Customer. For purposes W determining when un Item is sent |umo Customer, *n image nrnoRem
<br />or information identifying the Item (I a Item number, amount and date of payment) is a sufficient substitute for the actual Item.
<br />The fellowhwg provisions in this section 7apply to Accounts in the turned States, and m Services provided in connection with such
<br />/u The Customer must notify the Bank in writing of any unauthorized, irripopel, or missing theforsements within six (6) months after the
<br />Account Statement is mailed, transmitted or made available to the Cuslomerr The Customer must notify the Bank in writing of any other
<br />enors, discrepancies or irregularities in any Account Statement, or in Hie Items and documents summarized or detailed in the Account
<br />Statement, or of the non-receipt of an expected Account Statement ("Error") within sixty (60) calendar days after the Account Statement
<br />!is mailed, transmitted or made available to the Customer The Customer must provide the Bank with all information necessary for the
<br />Bank to inveshi the alleged error, discrepancy or irregularity, arid most provide at] supporting affidavits and testimony that the Bank
<br />requests Failure to report an Error within the nme frame set forth above shall be deemed conclusive proof that Customer failed to
<br />report such Error within such time frame, and that Customer failed to exercise reasonable care and promptness in examining the hems
<br />and statement and notifying Bank of the Error Customer agrees that such Error shall therefore be fully enforceable against Customer
<br />and Customer shall have no claim against Bank for sauric and shall be barred from bringing any action against the Bank that is in any,
<br />way related to the Error.
<br />7 f If the Bank is safekeeping or trimicating checks or deposit slips, the Customer agrees that caricefled checks or deposit ships M111 not be
<br />returned in the Account Statement and that the original cancelled checks or deposit slips may be destroyed in accordance with, the
<br />Bank's applicable record retention schedules. The Customer acknowledges and agrees that the Bank's retention of checks doe.s not
<br />alter or waive the Customer's responsibility to examine its Account Statements arid report to the Bank any errors or discrepancies in
<br />wrifing within the time scrod set forth above.
<br />74 The Bank strictly prohibits the use of any account w conduct transactions <| ipt of
<br />credit of other receipt Of funds through or) electronic funds transfer, or by check, draft m similar instrument, or the proceeds Of any of the
<br />foregoing) that are related, directly or indirectly, to unlawful Incrinet garribling. The orm 'unlawful, Internet gambling " as used in this
<br />section, shall have its meaning set forth in l2 C.F.R. Section Pan 233, Section 132 2fldb� Tlhe Customer agrees not to ronduct any
<br />����
<br />��� ��
<br />�U �����
<br />
|