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We may require a separate form for each agent and for each Account for which you want to grant a Power of Attorney. Until the Smart Safe Vendor has received and physically verified any Smart Safe deposit, Bank accepts no liability for loss of any Smart Safe deposit(s) or any losses or damages incurred by customer with respect to the Smart Safe deposit(s). We may pay the withdrawal and may charge your Account for it. Either you or we may close your CD Account on any maturity date without cause, and we may close your CD Account prior to any maturity date if such CD Account is pledged as loan collateral or as otherwise necessary to satisfy any debt owed to us. Frost Online Banking Services for Personal and Business Accounts The appeal must request a new arbitration based on good faith objection to the reasoned opinion of the arbitrator(s) and shall be heard by three (3) neutral arbitrators designated by the AAA or like organization. B. You are responsible for the establishment and maintenance of your internal procedures reasonably adapted to insure the confidentiality and security of Security Procedures. 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. The Bank must obtain your name, permanent address, Social Security Number, date of birth, as well as the date of transaction, the type and serial number of the instruments sold and the amount of cash involved in the transaction. The Bank has the right to refuse your transaction if you do not want to provide the required information. (2) Notice of Receipt For avoidance of doubt, you understand, acknowledge and agree that all data provided by you to Bank (including, but not limited to, Electronic Images or Substitute Checks retained on any processing equipment, Processing Software, or any other processing equipment or software (including your personal computer or mobile device) used by you in conjunction with Digital Deposits), and all data produced, compiled or otherwise provided by Bank to you, in any form or format, is your sole and exclusive property and copies thereof shall be provided to you at your request from time to time and at any time. You understand and acknowledge that third parties, such as your Digital Wallet provider, or card network associations such as Visa, will have access to certain details regarding eligible Payment Card transactions made using the Digital Wallet Service.
(3) If your Account is a Personal Account, then these electronic debit transfers are governed by the Electronic Funds Transfer Act and the Consumer Financial Protection Bureaus Regulation E (Regulation E), and all electronic checks (both debits and credits) are also governed by the Operating Rules and Operating Guidelines of the National Automated Clearing House Association (NACHA) and are also subject to the separate Frost Bank Electronic Funds Transfer Agreement and Disclosure as described in Section X.B. 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. Heres a quick tour. You authorize us to accept transfers, checks and other items for deposit to your Account if they are made payable to, or to the order of, any one (1) or more of you, whether or not they are endorsed by you. R. Security Procedures means any security processes, controls or authentication methods that the Bank may require for one or more of the products or services that Bank provides under this Agreement or under any other agreement, as amended from time to time, that is applicable to the specific type of Account you have, or specific type of product or service that we offer to you, and which may vary based upon your Account type or the products and services you choose to receive from us. Similar electronic funds transactions made with respect to Business Accounts are governed by the Texas Business and Commerce Code and any applicable federal law, rule, or regulation. 9.37 and ANS X9.100-140 (or any amendment or substitute for such standards as may be promulgated from time to time), whether such standard pertains to the MICR Line, the image quality of the Original Check, the placement of an image of the Original Check on the Substitute Check, or the manual or electronic transfer of a Sufficient Image Copy or other electronic representation of an Original Check or a Substitute Check, unless the Federal Reserve Board, by rule or order determines that a different standard is to apply. beneficiaries. For purposes of arbitration, you includes any person who is listed on your Account, and Bank includes Frost Bank, all its affiliates, and all third parties who are regarded as agents or representatives of ours. 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. (12) Documentation of Transfers (4) Substitute Checks Deposited by You, X. Our acceptance of a stop payment order will not constitute a representation that the check has not already been paid or that we have a reasonable opportunity to act upon the order. (a) Account Access you may use your PIN or code to: Transfer funds between your checking and savings Accounts; and. 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.
In addition, you must notify us promptly if you do not receive an Account statement. The Parties may select a mutually agreed-upon mediator; provided, however, that the person selected as mediator must: (i) have ten (10) years or more of practical working experience in the banking industry; (ii) be an attorney licensed by the state of Texas, in good standing with the Texas State Bar, with substantial experience in the trial or resolution of business disputes; or (iii) be a member in good standing of the Texas Academy of Distinguished Neutrals. BREA, CA, 92821. Withdrawals by mail will be posted to your Account as of the day the transaction is processed by us. Since 1868, Frost Bank has recognized and respected our customers right to confidentiality. (2) Longer Delays May Apply As part of that commitment, and in addition to optional account activity alerts that Frost provides to you, we also may provide text and email-based fraud alerts to all Frost customers. 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. Instead, the debiting amount, along with the corresponding check number (if available) will appear under the Other Withdrawals/Debits section of your statement. If you select a convenience Account, you own the Account, but your convenience signer is authorized to conduct Account transactions. (i) ATM and Debit Card Fees For information regarding our fees applicable to the use of your card, see our current Schedule. (8) Our Responsibility for Collecting Deposits If you deposit or cash a check, or we send one for collection, we act only as your agent. For determining the availability of your deposits, every day is a Business Day, except Saturdays, Sundays, and federal holidays. You agree that Electronic Images, as defined below, submitted via Digital Deposits (from either your personal computer or mobile device) are not subject to the funds availability requirements of the Federal Reserve Boards Regulation CC (Regulation CC). C. Funds Availability Policy Disclosure In order to serve you better, and for quality assurance and other purposes, we reserve the right, but are not obligated to, record any customer service or other telephone calls between you and the Bank, and you consent to any recording. Even though the foreign item is returned unpaid, we may charge you for our collection fees and for fees and charges assessed by the paying bank and any agents involved in the collection or settlement process. During scheduled system maintenance or unscheduled downtimes, Frost operated ATMs may go into Stand-In Mode.. If you are engaged in any of the activities described above, you must disclose such fact prior to opening your Account with us, we reserve the right to request proof of current certifications or licensing for such activities, and we reserve the right to deny you an Account based on such activity. We may close your Account (other than a CD) at any time for any reason or no reason. Notice may be made by mail or verbally or provided by other means such as via Online Banking or text alerts as permitted by law or updated balance information. Proceeding with using the Digital Wallet Service constitutes your assent to and acceptance of the terms and conditions contained herein. Once created, a Mobile Card may work even if you do not have wireless service. You understand, acknowledge and agree that installation, maintenance and operation of your personal computer or mobile device (hardware and software) and related Security Procedures that you adopt and follow, including, but not limited to, data security protection, firewalls and anti-virus software, is your sole responsibility, and that you are solely responsible for securing, encrypting, protecting and otherwise safeguarding the data owned by you. You understand that in all cases, during the reasonable period of time described above, you are solely responsible for safeguarding all items you retain as required or permitted by Digital Deposits from destruction, alteration or theft. YOU SHOULD CHECK WITH YOUR DIGITAL WALLET PROVIDER AND YOUR WIRELESS CARRIER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES. A Partys invocation of the dispute resolution provisions under this Agreement will apply without limitation, regardless of whether: (i) your Account is closed; (ii) you pay us in full any outstanding debt you owe; or (iii) you file for bankruptcy. We reserve the right to convert or change your Account type at any time when we consider it appropriate or necessary to do so. 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. 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.
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Bank are described herein and in Documentation applicable to such services posted to Account. Cta means the application of a daily periodic rate to the full amount of principal in future...In accordance with commercially reasonable banking industry standards and practices, most checks and other items are processed through automated processing and, except in limited circumstances and in our sole discretion, most items are not individually examined. For this reason, by adopting a form of Mark, you agree you shall have the sole responsibility for maintaining security of the Mark and the device by which the Mark is affixed, and you are assuming all risk of loss resulting from the unauthorized use and or forgery of the Mark, and we will not be liable to you if use of the Mark was unauthorized. It is not Frosts responsibility to detect any inconsistency between the Account number you provide and the name. The stop payment request will be effective if we receive the order at such time and in such manner as to afford us a reasonable opportunity to act upon the stop payment order. We are not liable to you for any special, incidental, exemplary, punitive or consequential losses or damages of any kind. The availability of funds for deposits via Digital Deposits is set forth in the Funds Availability Policy Disclosure section of this Agreement. WITH YOUR USE OF DIGITAL DEPOSITS, AND IN ADDITION TO ANYTHING ELSE SET FORTH IN THIS AGREEMENT, YOU ASSUME LIABILITY FOR, AND HEREBY AGREE TO INDEMNIFY, PROTECT AND HOLD HARMLESS BANK AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS (BANK INDEMNITEES), FROM AND AGAINST ANY AND ALL LIABILITIES, OBLIGATIONS, LOSSES AND EXPENSES, INCLUDING REASONABLE ATTORNEYS FEES, OF ANY KIND OR NATURE (DAMAGES) ARISING OUT OF THE USE OF, CONDITION (INCLUDING LATENT AND DEFECTS AND WHETHER OR NOT DISCOVERABLE BY YOU OR BANK), OPERATION, OWNERSHIP, SELECTION, DELIVERY, INSTALLATION OR LICENSING OF ANY ITEM OF PROCESSING SOFTWARE OR EQUIPMENT. In addition, we may also place a Hold on some or all of the funds in your Account, or on particular transactions on your Account, without any liability to you, in accordance with our obligations under Texas Finance Code Chapter 280 (Protection of Vulnerable Adults from Financial Exploitation) to investigate and report suspected incidents of financial exploitation against vulnerable adults as defined under that law, which includes adults who are sixty-five (65) years or older or a person with a disability. 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. In the absence of retaining the relevant Original Check, you understand and agree you shall be solely responsible for the cost of any claim brought by the drawer of the check that for resolution would reasonably require access to relevant Original Check and shall indemnify us in accordance with the terms of the Digital Deposits Indemnity as set forth below. You agree to indemnify and hold us and our correspondent banks harmless against any and all losses, damages, claims, liability, costs, and expenses which we or they may suffer arising directly or indirectly out of the misuse, unlawful or unauthorized use of the Mark, regardless of whether you have been negligent. (Right of Setoff). If you have met, in our sole discretion, the conditions we have established for use of Digital Deposits to make deposits via Electronic Images, we will provide Internet access to our computer network and accept for deposit to your Account(s) the Electronic Images of Original Checks for collection as allowed under this Agreement and the Documentation. You agree to indemnify and hold us harmless from and against any and all loss, costs, damage, liability, or exposure, including reasonable attorneys fees, we may suffer or incur arising out of any action or claim by any beneficiary or other custodian with respect to the authority or actions taken by you in handling or dealing with the Account. A Partys invocation of the dispute resolution provisions under this Agreement applies whenever there is a dispute between you and Frost Bank. Bank Information. (8) Represented Check Transaction 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. Frost Bank may pay any sum in the Account to a Party, including a Partys Power of Attorney or agent, at any time. About Us For fixed rate Accounts, we will use the rate in effect for your deposit. 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. A. 
The Wallet may not be accepted at all places where your Payment Card is accepted. We strive to meet the highest legal and ethical standards in the conduct of our business as allowed by law, observing both the letter and the spirit of the regulations surrounding the confidentiality and security of customer information. 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. ET or on a weekend or holiday require an additional business day. If you deposit such an Electronic Image, you give us the same warranties and indemnities that we, as a reconverting bank, would give under applicable law or regulation. In the event that we offer you one (1) of our standard Security Procedures commensurate with the type of Wire Transfer or other transfer you request, and you reject such Security Procedures and instead opt for different Security Procedures, you hereby agree that such Security Procedures are deemed commercially reasonable and you agree you are bound by any such payment order executed pursuant to such Security Procedures you have selected. Sufficient Image Copy means an Electronic Image of an Original Check or Substitute Check that is capable of printing a Sufficient Copy of such Original Check or Substitute Check. If you and Bank engage in negotiation but are unable to resolve the dispute through negotiation within the timeframes for negotiation set forth above, then you and Bank agree to submit the dispute to mediation. That organization will apply its procedures in effect at the time the arbitration claim is filed. (15) Check Legends Withdrawals and transfers from your Account may be restricted as provided in any applicable Agreement or Schedule, or applicable law. Daily Balance means the application of a daily periodic rate to the full amount of principal in the Account each day. (6) Our Right to Refuse Deposits For claims in excess of $100,000, the matter will be decided by a panel of three (3) arbitrators, one of whom shall be appointed by you and one by the Bank. You agree to safeguard your Supported Digital Wallet Device at all times and not leave it unattended. If your spouse predeceases you, or if someone other than your spouse is named as your beneficiary, including your estate, then tax may be due on the balance remaining at your death. You understand and agree that no later than the thirty-first (31st) day following the date of deposit of an Original Check to us, you will destroy the Original Check in a commercially reasonable manner that renders it unusable or otherwise unreadable (e.g., shredding). Any written notice you give to us regarding your Account, including any problem with your Account, is effective when such notice is actually received by us and we have had a reasonable opportunity to act on it. It is important that you understand that attempts to avoid the filing of a CTR by breaking up a transaction into amounts under the reporting amount, behavior commonly referred to as structuring, is a violation of federal law. 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. You are required to have an eligible Mobile Device (a Supported Digital Wallet Device) in order to use this service.
A. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FROST, ANY OF ITS AUTHORIZED REPRESENTATIVES OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY. We may, at our sole discretion, determine: (1) the routing method and settlement systems (e.g. FROST, ON BEHALF OF ITSELF AND FROSTS SUPPLIERS, ALSO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MOBILE CARD OR THE DIGITAL WALLET SERVICE, OR THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, A MOBILE CARD OR THE DIGITAL WALLET SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OR AVAILABILITY OF A MOBILE CARD OR THE DIGITAL WALLET SERVICE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT DEFECTS IN A MOBILE CARD OR THE DIGITAL WALLET SERVICE WILL BE CORRECTED. (1) day. Such Security Procedures offered by the Bank are described herein and in Documentation applicable to such services. Frost Bank has established procedures mandating training and education programs to inform all employees of the need to limit access to customer records and maintain the confidentiality of these records. C. Funds Availability Policy Disclosure. consumer/small business internet banking or treasury management internet banking). (vi) Notices All notices from us will be effective when we have mailed them or delivered them to your last known address in our records. We will not be liable for any actions of the convenience signer until we have received either notice of the Account owners death, or written notification of the revocation of the convenience signers authority, and have had a reasonable time to act on such notice. Required Disclosures Under Electronic Funds Transfer Act and the Consumer Financial Protection What information am I required to provide to the Bank to complete a CTR? All other capitalized terms used that are not otherwise defined in this Agreement or in the Documentation shall have the meaning given to such term in Article 3 or Article 4 of the UCC (as amended from time to time) effective in Texas as adopted in the Texas Business and Commerce Code. (14) Electronic Checks You may give a merchant information about your checking Account over the phone or over the Internet and authorize them to create an electronic withdrawal from your Account. We may not provide this notice to you prior to placing a Hold on your Account(s) if we believe that such notice could result in a security risk to us or to the owner of the funds in the Account. 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. A foreign item may be returned unpaid much later (sometimes many months later) than checks or other items that are drawn on banks located in the U.S. In addition, we may report to the IRS multiple cash transactions which together total more than $10,000 in any one It is possible that the item will be returned unpaid months or longer after we have made the funds available to you and you have withdrawn them. (4) Postdated Items You agree that when you write a check you will not date the check in the future. Frost Bank San Antonio near me. We have no duty to discover, observe, or comply with stale checks. Frost Bank also employs various security and authentication measures to ensure to you that the device you are connected to for Online or Mobile Banking Services is recognized by Frost. Once such data owned by you is delivered by Bank to you, retrieved by you from Bank, or otherwise created as a by-product of a transaction between you and Bank and retained by you, such data owned by you is solely within your possession and control.
If a valid reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. (Fraud and Loss Prevention; Legal Process; Legal Compliance; Reservation of Rights) of this Agreement, including, but not limited to, an interpleader action.
The following terms apply to withdrawals from your Account(s): (1) Manner of Withdrawal You may make withdrawals from your Account in any manner that is permitted by us for the type of Account you have. Frost Online Banking Services for Personal and Business Accounts, As part of the Frost Online Banking Services as defined in the Frost Online Banking Agreement and Disclosure for Personal Accounts, and the Business Debit Card Agreement and Disclosure (or other similar agreement) for Business Accounts, you may use your computer or mobile device to obtain Account information, make certain funds transfers, and to arrange for payment of bills. We may reverse the refund (including interest on the refund) if we later are able to demonstrate that the Substitute Check was correctly posted to your Account. (2) Multiple-Party Accounts CTA means the Check Clearing for the 21st Century Act, which became effective October 28, 2004. Additional Account terms are governed by a separate agreement.
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. 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. Why are banks required to obtain this information on cash transactions over These electronic funds transfers are generally governed by regulations issued by the Federal Reserve Board of Governors. If funds from a deposit become available and you withdraw funds, that does not mean the check or other item you have deposited is good, has cleared, or has been paid by the paying bank.
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