|
IIIV�k���A�llll
<br />The fo/ /owing section 5.7 app /ies to Accounts in the United States, and to Services provided in connection with such Accounts.
<br />5 -7 All ACH entries 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 ACH rules. The Customer agrees to be bound by such ACH rules. Any credit given by the Bank to
<br />the Customer for an ACH entry shall be provisional until the Bank receives final settlement. If the Bank does not receive final
<br />settlement, the Bank may revoke the provisional credit and charge back the amount to the Account or obtain a refund from the
<br />Customer, in which case the originator of the credit entry shall not be deemed to have paid the Customer the amount 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 credit or debit to an Account.
<br />6. Interest; Fees; Taxes.
<br />6.1 The Bank may pay interest on certain interest- bearing Accounts at a rate determined by the Bank. The Bank may adjust interest paid
<br />(or principal, if permitted by law) and /or impose any charges on time deposit Accounts or fixed term Accounts from which withdrawals
<br />are made prior to maturity.
<br />6.2 The Bank may impose, charge, pass- through and modify fees and /or charges for Accounts and services provided by the Bank,
<br />including, but not limited to, transaction, maintenance, balance- deficiency, and service fees and other charges, including those levied by
<br />any governmental authority (collectively "Fees "). The Customer will pay all Fees. The Bank may debit any Account for Fees, whether or
<br />not such debit may resuR in an overdraft of the Account. All payments to the Bank shall be in full, without set -off or counterclaim, and
<br />free of any deduction or withholdings related to any tax or other claim.
<br />6.3 The Customer will pay or reimburse the Bank for any taxes, levies, imposts, deductions, charges, stamp, transaction and other duties
<br />and withholdings (together with any related interest, penalties, fines, and expenses) in connection with the Account or Services
<br />(including payments or receipts to an Account) except if imposed on the overall net income of the Bank. The Customer will provide the
<br />Bank such documentation, declarations, certifications and information as the Bank may require in connection with taxation, warrants that
<br />such information is true and correct in every respect and shall immediately notify the Bank if any information requires updating or
<br />correction.
<br />Account Statements.
<br />7.1 The Bank will issue Account statements, confirmations, or advices ( "Account Statements ") at the frequency and in the manner advised
<br />to the Customer from time to time. The Customer is responsible for ensuring that an 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 />irregularities to the Bank in writing, including any claim of improper or unauthorized funds transfer activity. The Bank shall not be
<br />responsible for the Customer's reliance on balance, transaction or related information that is subsequently updated or corrected or for
<br />the accuracy or timeliness of information supplied by any third party to the Bank. Internet Account Statements or electronic Account
<br />Statements, if applicable, shall be deemetl by the Customer and the Bank to be available to the Customer when the Account Statements
<br />are posted on the Internet and the Bank sends an electronic mail notification of availability to the Customer, or when the Bank sends the
<br />electronic Account Statement to the Customer. For purposes of determining when an Item is sent to the Customer, an image of an Item
<br />or information identifying the Item (i.e. Item number, amount and date of payment) is a sufficient substitute for the actual Item.
<br />The fo/ /owing provisions in this section 7 app /y fo Accounts in the United States, and to Services provided in connection with such
<br />Accounts.
<br />7.2 The Customer must notify the Bank in writing of any unauthorized, improper, or missing endorsements within six (6) months after the
<br />Account Statement is mailed, transmitted or made available to the Customer. The Customer must notify the Bank in writing of any other
<br />errors, discrepancies or irregularities in any Account Statement, or in the 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 investigate the alleged error, discrepancy or irregularity, and must provide all supporting affidavits and testimony that the Bank
<br />requests. Failure to report an Error within the time 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 Items
<br />and statements 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 same and shall be barred from bringing any action against the Bank that is in any
<br />way related to the Error.
<br />7.3 If the Bank is safekeeping or truncating checks or deposit slips, the Customer agrees that cancelled checks or deposit slips will 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 does not
<br />alter or waive the Customer's responsibility to examine its Account Statements and report to the Bank any errors or discrepancies in
<br />writing within the time period set forth above.
<br />7.4 The Bank strictly prohibits the use of any account to conduct transactions (including, without limitation, the acceptance or receipt of
<br />credit or other receipt of funds through an electronic funds transfer, or by check, draft or similar instrument, or the proceeds of any of the
<br />foregoing) that are related, directly or indirectly, to unlawful Internet gambling. The term "unlawful Internet gambling," as used in this
<br />section, shall have its meaning set forth in 12 C.F.R. Section Part 233, Section '132.2(bb). The Customer agrees not to conduct any
<br />PN: 350974 DOC ID: 2 Page I3 of SI
<br />
|