2016-204 - Laserfiche WebLink

Home Browse Search

A THE COPY CERTIFICATION' CIIN LAST PACE J.R. SMITH, CUERK (iv) All other provisions of this Appendix shall apply transactions and any transactions rejected by the Services to remotely-created checks and to Customer's use of the on the Services Site. Customer shall process any rejected Services in conjunction with remotely-created checks. transactions as paper checks through the normal paper check deposit process. 3.3.2 Customer agrees to operate in accordance with applicable laws and regulations regarding 3.8 Customer shall enter the dollar amount remotely-created checks, including but not limited to, of a paper check(s), along with any other optional Regulation CC and applicable warranties, the Uniform information that Customer would like retained by the Commercial Code and applicable warranties, the Bank Services Site. The Services Site provides for reports and Secrecy Act, USA Patriot Act, and the Federal Trade exporting of the information that has been entered. Commission Telemarketing Sales Rule,as the same may be amended from time to time.Without limiting the foregoing, 3.9 Bank shall electronically deliver to Customer represents,warrants and covenants that it will not Customer, through the Services Site, a confirmation of use the Services to deposit any check types that Customer receipt for each deposit submitted, and the deposit shall be is banned or prohibited from using or accepting under considered received by Bank when such confirmation is applicable law. delivered to Customer. Deposits received via the Service by 9:00 p.m.Eastern Time on any Business Day or at any 3.4 If at any time Bank believes that time on any Calendar Day that is not a Business Day will Customer's use of the Services to deposit Third Party be posted to Customer's Account on the same Business Checks and/or remotely-created checks may create a risk of Day,with next Business Day availability of deposits based financial loss or otherwise result in unacceptable exposure on Bank's Account Agreement. Bank reserves the right to to Bank,including but not limited to unacceptable rates of reject any single Check Image or group of Check Images returned items, or may be subject to or otherwise involve for any reason,before or after delivery of confirmation of irregular, unauthorized, fraudulent or illegal activity,Bank receipt. may, at its sole discretion, immediately and without prior notice to Customer,suspend or terminate Customer's use of 3.10 Customer acknowledges and agrees the Services, and/or Customer's use in conjunction with that in the event any deposited item converted to a Check Third Party Checks and/or remotely-created checks, in Image is returned for any reason (for example, non- addition to but not in lieu of all other rights and remedies sufficient funds),Bank may return the item to Customer by available to Bank under this Appendix and the Agreement. delivery of either a Substitute Check or the Check Image, including all return infonnation. Return items will be 3.5 Customer shall enter check information into the handled in the same manner as check deposits in Services Site,imaging the front and the back of each paper accordance with the Account Agreement. check and capturing the information contained in the MICR line of the paper check. Customer shall review each Check 4. Customer Responsibilities and Obligations. Image for clarity to ensure that the item is legible and can 4.1 Customer represents, warrants and be reproduced as an Image Replacement Document ("IRD(s)" or "Substitute Check(s)'). Using the Services, covenants that after truncation o an original check, an electronic file will be created ("Electronic File") that Customer shall safeguard the Electronic Items and original contains electronic information relating to and converted checks identified in any Electronic File previously sent to from the paper checks that have otherwise been truncated Bank m order to ensure that such original checks and or removed from the forward collection and payment Electronic Items:(i)shall not be submitted for deposit with process (each an "Electronic Item"). To ensure accuracy, Bank or any other financial institution, except in Customer shall balance the dollar total of each deposit to accordance with the terms and conditions of this Appendix the sum of the Electronic Items prior to transmitting the related to un-processable Electronic Items and(ii)shall not Electronic File to Bank. be transferred for value to any other person or other entity. As an additional security control, Customer shall ensure 3.6 Customer authorizes and agrees that Bank may, that the front of each original check is properly marked in conjunction with and via the Services, add the image of with wording or other marking in order to reflect that the an endorsement, an electronic endorsement or a `virtual deposit has been sent for processing. endorsement" for Customer to the Check Image of any 4.2 Upon receipt of any transmitted check or item deposited under the terms of this Appendix, Electronic File, Bank shall be the lawful owner of such and that such endorsement shall be legally enforceable Electronic File and each Electronic Item with respect to against Customer even though the endorsement did not original checks imaged in that Electronic File. Customer appear and was not placed on the original paper check or shall retain all original checks truncated pursuant to this item. In the event Bank does supply a virtual or similar Appendix for a period of thirty (30) Calendar Days in a endorsement,Bank may instruct Customer not to otherwise manner that is mutually agreed upon between the parties endorse the check or item so as to minimize any conflict hereto. However, for accounting,auditing and other legal with the legibility of the virtual endorsement. purposes, Customer may keep electronic records regarding its receipt and deposit of such checks, provided such 3.7 Customer shall determine that the Electronic File internal electronic records cannot be used to generate has been received based on the confirmation page of the duplicate Electronic Files for purposes of depositing and Services Site. Bank will indicate acceptance of the presenting such checks for payment. HC 4814-6754-1549 42 oj58 022016