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01/17/2017 (2)
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01/17/2017 (2)
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Last modified
10/23/2017 1:44:52 PM
Creation date
4/13/2017 12:07:15 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
01/07/2017
Meeting Body
Board of County Commissioners
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9.2 Voluntary Alerts. <br />9.2.1 Electronic alerts will be sent <br />to the email address Customer has provided as Customer's <br />primary email address for the Services or via the Services' <br />secure messaging feature. If Customer's email address <br />changes, Customer is responsible for informing Bank of the <br />change. Customer can also choose to have alerts sent to a <br />secondary email address. Changes to Customer's primary <br />and secondary email addresses will apply to all of <br />Customer's alerts. <br />9.2.2 Customer understands and <br />agrees that Customer's alerts may be delayed or prevented <br />by a variety of factors. Bank will use commercially <br />reasonable efforts to provide alerts in .a timely manner with <br />accurate information. Bank neither guarantees the delivery <br />nor the accuracy of the contents of any alert. Customer also <br />agrees that Bank shall not be liable for any delays, failure <br />to deliver, or misdirected delivery of any alert; for any <br />errors in the content of an alert; or for any actions taken or <br />not taken by Customer or any third party in reliance on an <br />alert. Customer agrees that Bank is not responsible for any <br />costs or fees incurred as a result of alerts sent to email <br />addresses or phone numbers connected with mobile or <br />similar devices. <br />9.2.3 Alerts are not encrypted and <br />will never include Customer's Access Devices or full <br />Account number(s). However, alerts may include <br />Customer's name and some information about Customer's <br />Accounts, depending upon which alert(s) Customer selects. <br />Anyone with access to Customer's email address will be <br />able to view the contents of these alerts. <br />9.2.4 Customer may, at its option, <br />customize the subject line of Customer's alerts for easier <br />identification by Customer. Customer acknowledges and <br />agrees that Customer should not include full Account <br />number(s) or other sensitive Customer or Account <br />information in any customized subject line. <br />10. Use of Financial Management (FM) Software. <br />Use of the Services may be supplemented by use of certain <br />FM software. Compatibility and functionality of the FM <br />software with the Services may vary depending upon the <br />FM software Customer is using, and Bank makes no <br />representations or guarantees regarding use of the Services <br />with Customer's FM software. Customer is responsible for <br />obtaining and maintaining the FM software. Customer's <br />use of the FM software is governed by the software license <br />agreement(s) included with each software application. <br />Customer must agree to the terms and conditions of the <br />software license agreement(s) during the installation of the <br />FM software on Customer's Computer. Customer is <br />responsible for the correct set-up and installation of the FM <br />software, as well as maintenance, updates and upgrades to <br />the FM software and/or Customer's Computer. Bank will <br />provide Customer with reasonable assistance, when <br />requested, to enable Customer's use of the Services with <br />FM software. Bank is not responsible for any problems <br />related to the FM software itself, Customer's Computer or <br />Customer's ability to connect using the FM software as <br />described in this Appendix. Customer should verify all <br />Account data obtained and any transactions that may be <br />executed on Customer's Accounts using FM software, as <br />applicable. Bank's records of transactions, instructions and <br />communications regarding Customer's Accounts and use of <br />the Services supersede any records stored or created on <br />Customer's Computer through the use of FM software. <br />Customer is responsible for any and all obligations to any <br />software vendor arising from Customer's use of that <br />vendor's FM software. Customer acknowledges and agrees <br />that the FM software versions supported by Bank for <br />purposes of use with the Services shall be in accordance <br />with the sunset policy of the FM software provider. <br />11. Additional Security Terms. In addition to the <br />other terms of this Appendix and of the parties' Cash <br />Management Master Agreement, Customer agrees not to <br />disclose any propnetary information regarding the Services <br />to any third party (except to Customer's Administrator(s) <br />and Authorized User(s)). Customer acknowledges that <br />there can be no guarantee of secure transmissions over the <br />Internet and agrees to comply with any operating and <br />commercially reasonable security procedures Bank may <br />establish from time to time with respect to the Services. <br />Customer will be denied access to the Services if Customer <br />fails to comply with any of these procedures. Customer is <br />responsible for reviewing the transaction reports Bank <br />provides on-line and in Customer's monthly statements to <br />detect unauthorized or suspicious transactions. In addition <br />to any other provision hereof regarding authorization of <br />transactions using the Services or in the parties' Cash <br />Management Master Agreement, all transactions will be <br />deemed to be authorized by Customer and to be correctly <br />executed thirty (30) Calendar Days after Bank first <br />provides Customer with a statement or online transaction <br />report showing that transaction, unless Customer has <br />provided written notice that the transaction was <br />unauthorized or erroneously executed within that period. In <br />order to minimize nsk of loss, Customer agrees to cause its <br />Administrator or designated Authorized User(s) to review <br />the transaction audit log available with the Services to <br />detect unauthorized or erroneous transactions not less <br />frequently than once every five (5) Calendar Days. <br />12. Terminating this Appendix; Liability. <br />12.1 This Appendix may be terminated in <br />accordance with the terms and conditions of the Cash <br />Management Master Agreement. <br />12.2 The provisions of this Appendix <br />relating to Customer's and Bank's liability and the <br />disclaimer of warranties set forth in the Cash Management <br />Master Agreement and incorporated herein by reference <br />shall survive the termination of this Appendix. <br />13. Changes to the Services and this Appendix. <br />Bank may change the Services and this Appendix <br />(including any amendments hereto) m accordance with the <br />terms and conditions of the Cash Management Master <br />Agreement. <br />HC# 4816-88744154 v.1 10 of 58 1016 <br />P34 <br />
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