Withdrawals and transfers from your Account may be restricted as provided in any applicable Agreement or Schedule, or applicable law. Neither Party shall make any objection to a proposed mediator except for good cause shown. Once the Smart Safe deposit totals are received by Bank, customers designated Account is provided with provisional credit for the corresponding Smart Safe deposit amount. (6) Online Banking, Mobile Banking, and Bill Payment Services On your death, ownership of the Account passes to the payable-on-death (P.O.D.) beneficiaries you have designated. All endorsements must appear on the back of the check or other item within the first 1-1/2 inches from the left side of the item when looking at it from the front, except that for Substitute Checks, endorsements that appeared on the back of the Original Check must also appear on the back of the Substitute Check. Bank retains the ability to either approve or deny your use of Digital Deposits in Banks sole and absolute discretion. In addition, if you own a Business Account, you acknowledge and agree to your duty to exercise ordinary care in safeguarding such materials with regard to your employees in accordance with the requirements of Texas Business and Commerce Code Sections 3.405, 3.406 and 4A.202. You represent that you are not engaged in the production, manufacturing/refinement, distribution or sale of cannabis or cannabis-derived products that are classified as Schedule I drugs under the federal Controlled Substances Act either directly or indirectly. 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. During scheduled system maintenance or unscheduled downtimes, Frost operated ATMs may go into Stand-In Mode.. The mobile check deposit limit varies by financial institution and account but can range anywhere from $500 to $2,500 per day. on the business day after the day of the deposit, if you deposit the cheque in any other manner (for example, ATM or mobile deposit) if the cheque is for $100 or less, you must receive the entire amount. Others do. In addition to the Security Procedures described in this Agreement, you are solely responsible for maintaining the confidentiality of your Digital Wallet provider User ID, your Digital Wallet provider passwords, your device passwords, and any other means that you may use to securely access the Digital Wallet Service on your Supported Digital Wallet Device. The purpose of the Bank Secrecy Act and other anti-money laundering laws is to help the U.S. Department of Treasury and law enforcement in their fight against criminal offenses, including money laundering and terrorist financing. Rules and forms may be obtained from, and claims may be filed with the AAA or like organization at their respective offices on their web pages. Unlike cash, which can only be deposited in a branch or at an ATM, checks can often be deposited through a bank or credit union's mobile app. F. Termination, VIII. C. Funds Availability Policy Disclosure. You understand that even if you have asked for your original paper checks to be returned to you with your statement, those paper checks may not all be your Original Checks. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY MOBILE CARD IS PROVIDED TO YOU AS IS AND AS AVAILABLE, WITH ALL DEFECTS THAT MAY EXIST FROM TIME TO TIME AND WITHOUT WARRANTY OF ANY KIND, AND FROST, ON BEHALF OF ITSELF AND ITS SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ANY MOBILE CARD, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. We are not required to determine your Current Balance more than one (1) time during this period. (2) What are Your Rights Regarding Substitute Checks In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a Substitute Check is posted to your Account (for example, if you think that we withdrew the wrong amount from your Account or that we withdrew money from your Account more than once for the same check). Several check-cashing stores also offer third-party check . Generally You and Bank agree that the fact of the arbitration, all submissions to and proceedings before the arbitrator(s), and the written decision and findings of the arbitrator(s) shall remain confidential between you and Bank unless reasonably necessary for judicial review or confirmation, or as required by law. If you select a convenience Account, you own the Account, but your convenience signer is authorized to conduct Account transactions. If we decide that there was no error, we will send you a written explanation. 721 Smith Rd. You should also revoke your authorization for pre-authorized debit card transactions you may previously have provided to a merchant. Upon termination of the license, you must cease all use of the Digital Wallet Service and Mobile Card and delete all Mobile Card(s) from the Digital Wallet Service. Where there is any conflict of law regarding an appeal of any decision of the arbitrator(s), you and the Bank agree that Texas law shall control. You may not grant a security interest in, transfer, or assign your Account to anyone other than us without our written consent. If there is more than one Account owner, then each of you will be jointly and severally liable to us for debit balances in the Account, including, without limitation, Overdrafts and Account charges, and you each jointly and severally promise to pay, upon demand, any and all debit balances, all fees and charges, and our reasonable attorneys fees and costs and expenses of collection, including, but not limited to, those incurred at trial and on any appeal. On the death of the last surviving Party, the ownership of the Account passes to the P.O.D. You may not rent, lease, lend, sell, redistribute or sublicense the Mobile Card or the Digital Wallet Service. N. Indemnification You agree that if we pay the check, the check will be posted to your Account on the date we pay the check, even though the posting date is prior to the date shown on the check. Next Business Day. (15) Check Legends (2) General Information (5) Error Resolution Procedures You should treat the voided check with care because someone else who obtains possession of it could use the information to initiate additional debits against your Account. To the extent that any of the defined terms in this Agreement or in the Documentation use a term not defined herein but otherwise defined in Regulation CC, then such definition also incorporates the meaning assigned to the applicable term as set forth in Regulation CC. 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. You agree to retrieve and produce for us the Original Check in question within seventy-two (72) hours of a written request by us. You bear the sole responsibility for any and all costs of complying with required data breach notifications to individuals, credit bureaus and/or governmental entities as required by applicable law, and any and all costs for credit report monitoring of fraud monitoring associated with such security breach incident. In our sole discretion, if Banks requirements are not met, we reserve the right to deny Vault Deposits to be delivered to the remote cash vault location or deny order servicing for delivery of coin and currency. Frost Online Banking Services for Personal and Business Accounts We may automatically close your Account if the balance is $0 or negative. The Smart Safe Vendor does not act as an agent of Bank in performing activities for Customer. Disputes in excess of $100,000 are subject to this same limitation. Any payment to the convenience signer will not affect your ownership of the Account. If any amount deposited must be returned to the government for any reason, you authorize us to deduct the amount from your Account as provided in the Final Payment paragraph above. * Create memos for each transaction. Fees and Charges If your Account had funds in it when closed, we may: (1) hold the funds for your pick up or to pay outstanding or expected items or claims; (2) deposit the funds in another of your Accounts with us; or (3) mail the funds in the form of a cashiers check to any of you by check at the address in our records for the Account. After your Account is closed, we have no obligation to accept deposits or pay any outstanding checks, but we may reopen your Account if we receive a deposit, or we may apply an incoming deposit to satisfy any outstanding items or obligations owed to us. THESE DISPUTE RESOLUTION PROVISIONS OF THIS AGREEMENT PROVIDE FOR BINDING ARBITRATION OF ALL DISPUTES THAT CANNOT BE RESOLVED BY NEGOTIATION OR MEDIATION. The following terms apply to deposits made to your Account(s): (1) Endorsements 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; however, we may, at our option, require your personal endorsement prior to accepting an item for deposit. Your revocation will become binding upon us upon the last to occur of the following: (i) three (3) Business Days after we receive your written notice of revocation; or (ii) the day that we receive a copy of your written notice to the payee that your authorization has been revoked. We will extend this time period if you were not able to make a timely claim because of extraordinary circumstances. In order to utilize the Smart Safe Services, customer must contract with a Bank-approved third party service provider (the Smart Safe Vendor) for currency removal, validation and transportation services. It is a major subsidiary of Cullen/Frost Bankers, Inc., a parent company of the bank with . Even if we choose to pay one (1) or more Overdrafts, we are not obligated to pay any future Overdrafts. Such electronic debits generated by ARC, POP or BOC conversion are separate and distinct from Substitute Checks discussed previously, and are governed by separate laws rules and regulations for electronic debits. Frost Bank is located in San Antonio, Texas, and that is where your Account was opened and is maintained. A. Debit Card Services (Including Health Savings Account Debit Cards) Subject to applicable law, we may charge a dormant Account fee on the Account, and the Account will be presumed to be abandoned. Any receiving financial institution (including us) is entitled to rely on any Account or bank number you have provided even though that Account or bank number may identify a party different from the person or entity you have described by name in any transfer order. This section pertains to individual Accounts: (i) Single-Party Account without P.O.D. You understand and acknowledge that because of the risks involved, we may refuse, in our sole discretion, to provide Digital Deposits to you for any reason in our sole discretion, including if you or the Third Party retained by you does not meet our qualification criteria. Check Cashing Services at Retail Stores. They might provide it right away or send it to you at the end of . If your bank charges a fee, expect to pay between $5 and $15. Show valid identification to the teller. * Locate 1,700+ Frost ATMs and 150+ financial centers. The Personal Checking account requires $25 to open and earns interest on balances higher than $5,000. Processing Software means the software for personal computer or mobile device hosted by the Bank that administers the Digital Deposits process and captures Electronic Images for deposit. By entering into this Agreement and providing Frost with your valid mobile number (whether or not you have indicated to Frost it is a mobile number) and valid email address that Frost keeps on record for you, you understand and agree that Frost or Frosts third-party service provider will send such fraud alert messages to both your current mobile phone number (via text message) and current email address as part of such fraud prevention service. For determining the availability of your deposits, every day is a Business Day, except Saturdays, Sundays, and federal holidays. In receiving checks from you for withdrawal or deposit, we act only as your agent. Because of a lack of real-time balance information when in Stand-In Mode, we encourage you to use caution when conducting transactions that may move your Account balance into a negative or overdrawn status, which may cause you to incur an associated Overdraft fee. (1) Provisional Payment Credit we give you with respect to an ACH credit or Wire Transfer entry is provisional until we receive final settlement for such entry through a Federal Reserve Bank. A. We can reverse any amount we have added to your Account for a deposited check and send the check on a collection basis even after we have taken physical possession of the check. (FRAUD AND LOSS PREVENTION; LEGAL PROCESS; LEGAL COMPLIANCE; RESERVATION OF RIGHTS) OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, INTERPLEADER ACTIONS). We may (but are not required to) refuse to accept a check or other item for deposit to your Account if: 1) the check or other item is made payable to someone other than you or a joint Account Holder with you; and 2) the check or other item is not endorsed to you or a joint Account Holder with you. However, if we need more time, we may take up to forty-five (45) calendar days to investigate your complaint or question. You acknowledge and agree that the classification of a debit card transaction (except ATM transactions) as recurring or non-recurring is determined by merchants, other institutions or other third parties before it is presented to us for authorization or payment and we will treat and process such debit card transactions in the manner they are presented to us, which may result in one-time debit card transactions presented as recurring preauthorized transactions and vice versa. A. Here are some reasonable options for cashing a check if you don't have a bank account: Go to the check-issuing bank. You agree that if we pay a withdrawal or debit that results in an Overdraft or if we return a withdrawal or debit because your Current Balance is insufficient to pay the withdrawal or debit when it is processed against your account, we may charge you a fee, as allowed by applicable law and as set forth in the rate and fee Schedule applicable to your Account. Failure to comply with the requirements above may prohibit you from recovering certain funds that were transmitted electronically, and may also preclude us from being able to return ACH transactions in accordance with NACHA Operating Rules and Operating Guidelines. Bank shall not be liable to customer as an insurer of such property. We are here to answer any questions you may have about this Agreement or about your Frost Bank Account(s). Only natural persons can own this type of Account, and you must execute a separate Health Savings Account Custodial Account Agreement to establish a Health Savings Account. All Substitute Checks deposited via Frost Digital Deposits must be endorsed payable to the order of Mobile Deposit Only, Frost Bank, followed by your signature and Account number. below (Right of Setoff). 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. (5) Foreign Items The Carrier must continue to meet our vault location requirements. You authorize us to disclose information to third parties or our affiliates about you, your Account(s), or transfers you make: Where it is necessary for completing transfers; In order to verify the existence and condition of your Account(s) for a third party, such as a credit bureau or merchant; In order to comply with government agency or court orders, or other applicable law; If you give us your written permission; and. (6) Online Banking, Mobile Banking, and Bill Payment Services Account access and limitations on transfers associated with our Online Banking Services (which include optional Mobile Banking Services) are described in our Frost Online Banking Agreement and Disclosure. Bank of America: Bank of America permits checks written by Bank of America customers. 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. 5 business days after the day of the deposit. D. Eligibility You must tell us the exact amount and payee name of the payment you have stopped, as well as any other identifying information which we may request. (1) Payment of Interest Visit with a Frost Banker at your nearest Frost financial center. (4) How to Notify Us C. Funds Availability Policy Disclosure 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). If we Truncate (as defined in Section VII.B. You must promptly notify us of any change in your address or name. Required Disclosures Under Electronic Funds Transfer Act and the Consumer Financial Protection Bureaus Regulation E, (1) ATM and Debit Card Transfers and Limitations . You should know that Frost Bank employs various security and authentication technologies to ensure that you (an authorized customer) are communicating directly with Frost Bank. Upon receipt of final payment, the item becomes a collected item. For all checks and other items deposited into your Account, you warrant that all endorsements are genuine. (v) Financial Institutions Liability For Failure To Make Transfers If we do not complete a transfer to or from your Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages up to the amount of the transfer. You represent that you are an authorized user of the Mobile Device you will use to access the Digital Wallet Service. The best way to minimize your loss is to call us immediately. If you have this type of Account, your convenience signer has no ownership of the Account, and may not pledge or otherwise create a security interest in your Account(s). Federal law requires that all banks file a form known as a Currency Transaction Report (CTR) whenever a customer conducts transactions greater than $10,000 in cash on any given day. * See running balances, plus view and search . We are required by law to maintain a log of all sales of bank checks or drafts, cashiers checks, money orders, and certain other products purchased in cash. recipient) as required by OFAC and the United States Department of Treasurys Financial Crimes Enforcement Network. From banking and insurance to all your investment needs, Frost is here for you. (1) Manner of Withdrawal A. 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