55A - RESO - DEPOSITORY SRVS - Laserfiche WebLink

Home Browse Search

II�1if lIIl failure to exercise reasonable care and in no case wilt, be deemed wrongful Thee Bank shall not be hable for consequential, indirect or special damages even if it has been advised of the possibility of them, K. Telephone Tax Payment The Telephone Tax Payment Service is a Service whereby the Customer can direct the Bank, via torchinne telephone, ho drall w broWSerr based plaffomi, to make tax payments via ACTH from an account with the Bank that the Customer specifies. The Bank may Pay taxes from the Customer's account in accordance with any instructions issued in the Customer's name that the Bank verities pursuant to the security procedures specified to these Service Terms The ACH Origination Service Terms are incorporated Into these Service Terms by reference. Receipt of instructions and Cancellations. 'rhe Customer may send instructions and! cancellations only during servikae hours the Bank specifies. The Bank may change the service hours upon prior notice to the Customer The Bank must receive instructions not later than the cut-off time the Bank establishes. The cut-off time will be on or before one or two banking days, depending upon the type of tax payment, prior to the banking day the appropriate taxing authority is to be paid The Bank must receive any cancellations by the cut-off time the Bank establishes for cancellations on the banking day prior to the scheduled posting of the debit to the Customer's account, The Customer may only cariced a tax payment instruction before the Bank processes it Cancellation instructions must be received through this tax payment seii If the Customer missed the cut-off time but still] wants to cancel a tax payment, the Customer must communicate the request directly to the Bank's Customer Service area The Bank will request a return of (lie tax payment from the taxing authority. The taxing authority may assess a penalty for processing the return. 2. Tax Payment Security Procedure, Instructions or Cancellations may he initiated only by entering, via hauchbone telephone, be dial-up or browser-based plafforre, a user ID, password and/or other access code met the Bank assigns to the Customer or that the Customer selects using the parameters the Bank specifies Cancellations irtay also be initiated by contacting the Bank's Customer Service area and providing the Customer's valid user ID, password andlor other access code. 3, Funding, The Customer authorizes the Bank to debit the Customer 's applicable account for the amount of each tax payment and for any applicable bank fees and charges when due In the event the Customer does not have sufficient funds in the Customers applicable account to cover the amount of a tax payment, the Bank shall have no obligation to make the tax payment for the Customer I if the Bank does, the Customer agrees to reimburse the Bank immediately. Funds the Bank receives and hold pursuant to this service shall be held as a deposit liability to the Customer and not in trust for theCustorner or the taxing! authority. 4. Limitation of Liability. If because of the Bank's negligence or willful misconduct the Bank falls to make the Customer's tax payment in a timely manner and that directly results in the Customer being penalized or owing interest, the Bank's rnaxinnum aggregate habilly shall be the amount of any penalty or interest actually imposed by the applicable taxing authority. The Customer agrees to reasonably cooperate with the Bank in the Bank's attempts to peel the taxing authority to abate any penalty or interest L. Client Access Client Access provides for electronic access to the Customer's aCCOLim information, reports and ) data gcollecl "Data") and for the electronic transmission to the Bank of rnessages, service requests, and payment and nonpayment instructions (each an 'lindrucfion` , The Bank reserves the right to modify the applications and products ieach an "Application"), available via the Service, upon hence to the Customer Security Procedures: i,a) A Bank issued or approved security device (a 'Security Device") is required to access the Service The Customer shalt be bound by and adhere to the security procedures for use of the Service advised to it in writing through any medium by the Bank, as may be revised from time to time upon notice to the Customer, t0urding without limitation the procedures set forth herein. The Customer shall notify the Bank immediately of loss at theft of a Security Device, any unauthorized use of a Security Device or any other breach of security. The Bank may dishonor or disable any Security Device at any time and will victor the Customer of the same, The Customer agrees that any use of the Service with a Security Device is deemed to be carried out directly by and on behalf of the Customer The Customer agrees to safeguard all Security Devices and to instruct each Authorized User, as defined in Section 2.3 below, to do the same, The Customer will be, responsible for secured that the Security Devices are known to and used only by Authorized Users (v) The Customer shut designate security administrators who shall have equal authority in accordance with the administrative connol procedure for each Application The Customer agrees to notify the Bank 'of any change in security administrators in the miurner and form designated by the Bank Any such changies shall be effective at such time as the Bank his received such notice and has had a reasonable opportunity to act upon it 55A-145 PN:350914 DOCID., 4 11uge35 q/'51