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111, 1911
<br />does not meet the Bank's m any transferee's standard requirements for processing, the Custanner assumes all risk ofloss or delay in,
<br />processing such Transmission and authonzas the Bank to either fa> return the Transmission to the Costorner without further
<br />processing, hat process the Transmission ^* sent from the Customer, (:)process the Items mo photocopies !o lieu of the original's o/(d)
<br />repair or attempt to repair the Transmission for further processing,
<br />linage Cash Letter File Deposit Time. The Transmissions most hm sent m the Bank prior m the deposit deadline Any Transmission
<br />will mn deemed ou have been renewed when the entire file has been, written onto the Bank's system and made available for the Bank to
<br />validate, Based upon the size *f the Transmission file, there m;y***significant delay between the time Cu*icw`*, begins to send the
<br />file arid the completion of the transfer as stated above. As a result, the Customer will make every effort to send the Transmission file
<br />m* early uo possible Fihwth*wwmcw**AaN*rwdwyo^itdwnd||*ww1||h**onoWomddeposilem*s,f the next deposit deadline,
<br />r,nm,suing famwmoWfuodmoxai|abi\i/ywiUheassmsaedbaoedoo|hedepmsitdeadUoethatismet
<br />3, Customer Responsibility. The Customer shall be solely n any Transmission for which the 0usuommr has been given
<br />provisional credit is returned or reversed, and neither the Bank nor its subcontractofs shall be liable o' responsible for same The
<br />Customer acknowledges that all credits received for deposit are pmvis.000|, suMomtoverification, final settlement nrreturn
<br />Information and data reported hereunder to) may bwmoeivwd prior m final posting and o»ofinnodvo and .a subject \n correction and �4
<br />/u for informational purposes only and may not ke relied upon, The Customer agrees that the Bank shall have no liability for the
<br />content of paymont'e|a,o�diofonnmnon, The Comomar shall be solely responsible for the original checks, including storage and
<br />retrieval. The Customer agrees to provide a legible copy of an image or the original check if requested by the Bank within five (5)
<br />business days nf Such request. �x the Customer in unable |o provide the original o, legible copy, the Customer shall bvliable for any
<br />associated loss v, claim involving the check
<br />4. Suspems|u"/uaocoUation*fService. The Bank reserves the right to suspend or terminate the Service, in whole or in part if the Bank
<br />b*||vvvs Customer |sm breach of these Service Terms vrb otherwise using o, accessing the service in a manner Inconsistent with the
<br />rules and regulations relating to the service being provided and such breach. Further, this service mi|mu/ommticm|\ytenninuta0me
<br />Customeir'r account with the Bank is closed for any reason, Filter party may terminate the service upon thirty l3f) days' prior written
<br />notice to the other pm/1y� provided, however, that the terms of Section 10 will apply to any termination prior to the time period set forth in
<br />the pricing schedule.
<br />(0)cvStomw,wa,,Joty The Customer warrants arid represents to the Bank thaL is), each Transmission contains accurate and
<br />legible images of all W the information ^o the front and back *Ythe originM checks ot the time each check was truncated; (h) such
<br />Transmission also contains a record of all applicable micro-fine information required for a substitute check and the accurate
<br />amount of the check; tic) each Transmission complies with the technical standards for an electronic form under Regulation J
<br />Federal Reserve Operating Circulars 3and 5, and for a substitute check Linder Federal Regulation CC� (d) no person will receive
<br />a transfer, presentment ,r return of, vr,toemv.»eho charged for, tire check (drifter the original check, urm paper o/electronic
<br />representation of the original such that the person will be asked to make payment based upon a check it has already i
<br />(u) the Customer will riot m,m*pvni, through this service any transmission representing a check previously deposited and returned
<br />to the Customer; (fj the Customer will employ commercially reasonable security measures and firewalls sufficient to protect the
<br />Transmissions and storage to ensure no unauthormend access to or use of the original checks or duphi prasenftrrent� and (g)
<br />the Custorner will only create transmissions for checks (hat originated as paper checks,
<br />(o>|/the Customer is a financial .o*dukvnv,m otherwise transmitting hems payable mthird parfies, mCuommo,a|soepmomots
<br />and warrants mme Bank that: (1}|n connection with each Item deposited through the service, the payee of the Item has
<br />authorized the m|ow,on|* transmittal vf the Item for deposit (*Cvwop*/o account, ff the Customer |o^^u"oiog Items fi*n`o
<br />location outside of this United States, such authorization covers the cross-border transmittal of the hem� and (2) the Custorner has
<br />established an anti-money laundering program in compliance wir"i anfi-money laundering laws and regulations applicable ,v|\and
<br />such a"ti-mw"wy laundering program includes policies, pwc*dunmo*dr*mms designed m detect arid prevent money
<br />laundering, including "know your customer" policies arid procedures, monitoring of transactions for suspicious acilvdies and
<br />reporting v, suspicions activities, which the Customer believes effectively prevents the opao( the Customer's operations,
<br />personnel or facilities for money laundering purposes.
<br />(ci The Bank and its subcontractors make no representations or warranfies, whelder express, implied or statutory regarding or
<br />relating to any of the technology of senrice "Nor access to of use of the service or technology provided to the Customer
<br />hereunder, The Bank and its subcontractors specifically disclaim any arid all implied warranties of merchantability fitness for a
<br />particular purpose and noninfringament The Bank and its subcontractors also do not gualarfiee that the Custorner's access to
<br />the service provided under these terms will be uninterrupted, error free or secure
<br />Third-Party Service Provider The Customer may choose to use a m"u-vauy service provider m service bureau msumnnn*msor
<br />perform other functions for and on the Customer's behalf If the Bonk accept,, such Ilems or other rosiruction5 from the Cuslorriev's
<br />provider service bureau, the Customer will be bound by them. The Custorner is responsible for all actions taken or riot taken by the
<br />Customer's provider including all costs and expenses incurred by the Customers provider.
<br />Pricing Schodule0Vvwmei, The Bank and the, Customer may agree wa pricing schedule hicorporaired herein bwmfewnc*rincluding
<br />the kingth of time the service will be provided, the charges,(feers and the volumes, as may be stated in the pricing schedule
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<br />AV: 350914 DWID: 4 11aAm 33 of 51
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