You agree to indemnify and hold us harmless from and against any and all loss, costs, damage, liability, or exposure, including reasonable attorneys fees, we may suffer or incur arising out of any action or claim by any beneficiary or other custodian with respect to the authority or actions taken by you in handling or dealing with the Account. We may also restrict the types or sizes of transactions we permit an agent to conduct. (vi) Attorney Client Trust (IOLTA) Subject to applicable law, an Attorney Client Trust Account (also referred to as an Interest On Lawyers Trust Account, or IOLTA) is an Account set up by an attorney or law firm to hold client or third-party funds in trust, separate from the attorneys or law firms funds. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of the Agreement in all other respects shall remain valid and enforceable. If you do not want us to pay a post-dated check, you must place a stop payment order on it (see Sections VI.H. We have no duty to visually inspect signatures or other information on a check presented for payment, and other than the signature of the drawer, the identification of the payor bank and payee, the amount (numeric over words if contradictory) and any MICR encoded information, we have no duty nor are we bound to look at any other information on the check and can disregard such information in our sole discretion. ACE Flare: Best Nontraditional Bank Account. This allows us to contact you when we identify a potentially fraudulent Debit Card transaction. We may choose, in our sole discretion, to offer interest-bearing Personal Accounts, and interest-bearing Business Accounts (Accounts for sole proprietors, business partnerships, professional associations, limited liability companies, for-profit corporations, non-profit entities and governmental units). If you get a new Supported Digital Wallet Device, you must delete all your Mobile Cards and other personal information from your prior Supported Digital Wallet Device. If you share these credentials with anyone, that person may be able to use your Wallet to make purchases or obtain access to your personal and payment information available through the Digital Wallet Service. Wells Fargo currently charges up to $7.50 for a non-customer to cash a check drawn upon their bank without having an account. Compounding generally means that interest is being accrued on interest previously earned but not yet paid. Despite the name, these Accounts can be checking Accounts, and not just savings Accounts. We have no duty to discover, observe, or comply with stale checks. Such Frost Bank authentication procedures include, but are not limited to, use of customer online banking User IDs, passwords and other additional authentication information that Frost Bank may require you to provide, in its sole discretion. If, despite your efforts, you suffer any damage or loss as a result of your failure to comply with your data security obligations, and regardless of whether such damage or loss results from the activities of you, or if a Business Account Holder, your employees, agents, subcontractors or any unaffiliated Third Party, any such loss or damage shall be your sole responsibility. FROST, ON BEHALF OF ITSELF AND FROSTS SUPPLIERS, ALSO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MOBILE CARD OR THE DIGITAL WALLET SERVICE, OR THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, A MOBILE CARD OR THE DIGITAL WALLET SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OR AVAILABILITY OF A MOBILE CARD OR THE DIGITAL WALLET SERVICE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT DEFECTS IN A MOBILE CARD OR THE DIGITAL WALLET SERVICE WILL BE CORRECTED. D. Account Termination If a check or item is returned or payment is delayed as a result of any writing or marking that you or a prior endorser placed on the front or back of the check or item, you will be responsible for any cost and liabilities associated with such return or delay. A. Accordingly, any information you provide to your Digital Wallet provider or another third party through the Digital Wallet Service, or that is collected or accessed by your Digital Wallet provider in the course of your use of a Mobile Card or the Digital Wallet Service, is subject to third-party agreements, and is not governed by Frosts Customer Privacy Statement or this Agreement. Frost reserves the right to restrict the use of certain Payment Card types within the Digital Wallet Service. It also includes situations where any action taken on your Account by you, an authorized signer, a joint owner, or a third party causes us to seek the advice of an attorney, whether or not we actually become involved in a dispute. However, you are still liable for all uses of the Mark, regardless of whether you have provided a sample of the Mark to us. (3) Holds on Other Funds (Check Cashing) Back to top. We may, at our sole discretion, determine: (1) the routing method and settlement systems (e.g. Lost, Destroyed or Stolen Cashiers Checks, Tellers Checks or Certified Checks Any written notice you give to us regarding your Account statement, or a problem with your Account statement, is effective when it is actually received by us and we have had a reasonable opportunity to act on it. Frost Bank offers only one checking account option, which offers free access to 1,200 ATMs throughout Texas, free online/mobile banking, and a free Visa checkcard. A. While we may provide you with an estimate of when the funds will be available, please be advised that the funds are still subject to final settlement. If you do not have sufficient available funds to recover a returned item, we may overdraw your Account(s). If Bank approves you to use the Digital Deposits, then by using such services, you agree to the provisions set forth in this Agreement, you agree to pay any fees that Bank may charge in conjunction with such Digital Deposits (as set forth in Banks Fee Schedule) and you understand and agree that the meanings of the defined terms set forth in this Section are applicable both to this Agreement and the Documentation (as defined below) made available to you by us for use with the Digital Deposits. The funds in the other Account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited. Debit Card refers to your Personal Debit Card, Health Savings Account Debit Card, or Business Debit Card. Spell out the value on the "Dollar amount" line, with cents expressed as a fraction (e.g., "Nineteen . There are limits on how much you can cash at Walmart. All other fees will be allocated according to the arbitration administrators rules and applicable law. You represent that you are an authorized user of the Mobile Device you will use to access the Digital Wallet Service. You agree that we act within commercially reasonable banking industry standards and practices by processing most checks and other items through automated processing systems. Checks or items drawn on foreign financial institutions or payable other than in United States currency. Any requests for arbitration must be sent to Frost by email at LegalLitigation@frostbank.com and certified mail to the following address: Frost Bank Legal Department, 111 West Houston Street, San Antonio, Texas 78205. Those funds will be available at the time funds from the check we cashed would have been available to you if you had deposited the check. What information is required if I send someone else to conduct the transaction for me? In no event shall we be liable to you for any losses arising from currency conversions requested by you and carried out by us within a reasonable time after receiving funds for conversion. Minimum Opening Deposit. A Party can file a written appeal to the arbitration administrator or request a new arbitration within thirty (30) calendar days of issuance of the award. It is possible that the item will be returned unpaid months or longer after we have made the funds available to you and you have withdrawn them. You will usually need to go to the teller and present your card and ID. If you open multiple Accounts, you may receive Schedule information and certain disclosures for each Account, but this Agreement will cover all your Accounts with us. The fees and expenses may include attorneys fees. (1) Penalty Contractual obligations, such as loans payable to us, are processed in order from the lowest dollar amount to the highest dollar amount. You expressly acknowledge and agree: (1) our implementation of your Hold Request means any Account statement received and held by us per your Hold Request is deemed delivered to you as of the date the statement is first made available and delivered to the Statement Call division, regardless of when you physically pick up the statement from us; (2) you are solely responsible for reviewing any Account statement(s) for which you have made a Hold Request; and (3) a Hold Request does not delay, postpone or otherwise affect or modify any provisions of this Agreement regarding your responsibilities and relevant deadlines for notifying us of any Account statement irregularities or potentially unauthorized, erroneous or fraudulent transfers, and any time period for any applicable notice deadline begins running when the statement is first made available to you, which, in the case of any Hold Request, is the date the Statement Call division receives the statement. (10) Facsimile Signatures If you use a procedure or mechanism that causes checks to be drawn on your Account(s) (such as, but not limited to: signature stamp; typed signature; facsimile signature; desktop publishing, digitized, or computer software generated signature; notation; or mark or other form of mechanical symbol (collectively, the Mark)) that is not the signature that is on the Signature Card that you signed when you opened your Account, you are adopting such Mark as your signature and authorizing us to pay checks upon which the Mark appears or purports to appear. $25. (1) Payment of Interest We may agree with other banks regarding times and methods for collecting or returning items. Menu. Wire Transfer shall have the same meaning assigned to that term by Regulation CC. It is anticipated that the arbitration will take place within ninety (90) calendar days after notice is given. We reserve the right to refuse any item for deposit into your Account. If you will need the funds from a deposit via Digital Deposits, you should contact us to inquire when the funds will be available. We are here to answer any questions you may have about this Agreement or about your Frost Bank Account(s). (ii) Single-Party Account with P.O.D. You have even more options for depositing checks, though. (Funds Availability Policy Disclosure) apply only to demand deposit checking Accounts. Bank reserves the right to refuse to provide provisional credit for any Smart Safe deposits at its reasonable discretion. You acknowledge that the terms of the Texas Uniform Commercial Code Section 4.209 pertain to all encoded items. Relationship to Your Digital Wallet Provider (3) Notice Requirements We retain the right to require you to give at least seven (7) calendar days notice in writing prior to any intended withdrawal from your Account. (7) Electronic Check Conversion The Frost Commercial Mobile Deposit App allows you to easily deposit one or multiple checks and submit deposits directly to your account. If you and the Bank are unable to agree upon the appointment of the third arbitrator, your designated arbitrator and Banks designated arbitrator shall jointly select an arbitrator who shall act as the third arbitrator on the panel of three (3). 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. Arbitration hearings will take place in the county seat of the Texas county of your permanent residence at the time the claim is filed. Be sure to ask your bank or credit union for this policy. Withdrawals and transfers from your Account may be restricted as provided in any applicable Agreement or Schedule, or applicable law. * View and zoom, save and print cleared check images. (1) Your Ability to Withdraw Funds Such equipment and Processing Software is required to enable you to generate Electronic Images of Original Checks that comply with applicable Standards, as defined below. The rights in this notice do not apply to Original Checks or to electronic funds debits from your Account. (11) Preauthorized Drafts Frost has the right to employ counsel of Frosts choice to defend and control of any such matter subject to indemnification by you. Also, if your Account statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. You represent that you are not engaged in the production, manufacturing/refinement, distribution or sale of industrial hemp or industrial hemp-derived products (such as products containing CBD oil) that are not classified as Schedule I drugs under the federal Controlled Substances Act. Relationship to Your Digital Wallet Provider. C. Consent to Autodialed and Prerecorded Phone Calls and Text Messages; Consent to Fraud Alert Text On your death, ownership of the Account passes as part of your estate by will or by intestacy. If you operate as a sole proprietorship, you agree to notify us promptly of any change in the name of the business owner, in the physical address of the business, in the home address of the business owner, in the drivers license number of the business owner, or in the business owners personal identification card number issued by the applicable Department of Public Safety. Texas roots. Bank of America is the worst place to bank with! In the event that the AAA or like organization is unable to administer the dispute for any reason, then any dispute less than $100,000 shall be arbitrated instead by a neutral arbitrator selected by agreement of the parties from the current membership roster of the Texas Academy of Distinguished Neutrals or, if the parties cannot agree, selected by the Academys current Texas President from the current membership, Texas roster. (2) Longer Delays May Apply You may change your phone number by following the steps outlined at www.frostbank.com. Disputes in excess of $100,000 are subject to this same limitation. To select a convenience Account, you will need to choose the convenience Account option of the Texas Uniform Single- or Multiple-Party Account Selection Form according to Section 113 of the Texas Estates Code. In any of these events, you agree that our sole obligation shall be to provide notice of our termination of Digital Deposits to you, and that such notification will be reasonable if it is mailed to your statement mailing address immediately upon termination. We may deduct these fees and expenses from any of your Accounts without prior notice to you as further described in Section VI.M. Pay the check amount plus the fee to certify the check. The service will use the same information and spit out an amount that you would be able to cash a check for. Frost does not own, operate, or control any Digital Wallet and is not responsible for any service provided to you by your Digital Wallet provider or by any third party engaged by your Digital Wallet provider. Customer agrees that the findings and records of the Smart Safe Vendor shall be conclusive and binding upon Customer. 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. Non-resident aliens without a Social Security Number are required to provide an official document issued in their country. Submit your check for review. Additional Account terms are governed by a separate agreement. If we are not going to make all of the funds from your deposit available on the first Business Day after the day of your deposit, we will notify you at the time you make your deposit. You acknowledge that the purpose of Security Procedures is to authenticate the identity of the person initiating the action, not to detect errors in any transmission or content. A. To cash a check in the branch, bring your check and one form of ID, like a driver's license . If you fail to destroy the Original Check within thirty-one (31) calendar days following the date of deposit, you agree you are responsible for any losses arising from the loss, theft or misuse of any Original Check. Upon either Party sending a written request for negotiation to the other Party, the receiving Party must respond within ten (10) calendar days of receiving such request. Head to the bank. If an item to be charged back is lost in the process of collection or unavailable for return, we may rely upon a photocopy of the item or upon any other generally accepted notification of return of the item, in charging you or any of your Accounts for the amount of the returned item. If you are a Business Account Holder, then in the event of any security breach incident involving any potential or actual unauthorized access or acquisition of data owned by you (e.g. The termination of this Agreement and closing of an Account will not release you from any fees or other obligations incurred prior to the date upon which this Agreement is terminated and the Account closed, any fees assessed by us in the process of closing an Account, or from your responsibility to maintain sufficient funds in your Accounts to cover any outstanding checks or other debit items. Your Digital Wallet and your Supported Digital Wallet Device may contemplate certain security features and procedures to protect against unauthorized use of any of your Mobile Card(s). The panel will reconsider all factual and legal issues following the same rules of procedure and, based on majority vote, determine whether any reversible error has occurred. Disruptive conduct of any nature by a Frost Bank customer will not be tolerated on the Premises, and such conduct will result in ejection of the disruptive Frost Bank customer from such Premises. With regard to any international ACH transactions (IAT) received by you, you understand and acknowledge that these types of ACH transactions will be subject to increased scrutiny by Bank of the originator (i.e. (FRAUD AND LOSS PREVENTION; LEGAL PROCESS; LEGAL COMPLIANCE; RESERVATION OF RIGHTS) OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, INTERPLEADER ACTIONS). If a check is sent or returned as an electronic image or as a Substitute Check, it is still considered a check. At the beginning of each statement period, we will allocate funds between the two subaccounts as we deem appropriate. (2) Longer Delays May Apply In some cases, we will not make all of the funds that you deposit via Digital Deposits available to you on the first Business Day after the day of your deposit. In addition to the communications you expressly consent to receive under Section IV.C. (Right of Setoff). (1) Your Ability to Withdraw Funds The provisions in this Section VI.C. However, if we do not determine that the withdrawal or debit is a represented Item and we return it due to non-sufficient funds or we pay the Item that results in an Overdraft, you will be charged the corresponding fee. If your bank charges a fee, expect to pay between $5 and $15. (Payable on Death) Designation If you have opened this type of account, then you are the sole owner of the Account. No. A Digital Wallet is a registered trademark of your Digital Wallet provider. Frost reserves the right to revise these Digital Wallet Service terms at any time, and you are deemed to be aware of and bound by any changes to these terms by your continued access to or use of any Mobile Card and/or the Digital Wallet Service. If we convert your Account, we will send you information about your new Account. The Bank will replace the Security Procedures in accordance with the Banks standard security requirements related to Digital Deposits. If a third party is also involved in the dispute, and a Party invokes such dispute resolution provisions, then the dispute will be decided with respect to the third party according to the dispute resolution provisions set forth above as well. If you want us to consider authorizing these transactions when the amount of your Available Balance is insufficient to cover the transaction at the time of authorization, you must provide affirmative consent, or opt-in, for us to pay one-time debit card transactions that would result in an Overdraft when the transaction is presented for payment and charge you an Overdraft fee, as allowed by applicable law. H. Suspension; Cancellation Frost Bank also employs various security and authentication measures to ensure to you that the device you are connected to for Online or Mobile Banking Services is recognized by Frost. The best banks in the U.S. typically offer simple bank accounts with a small minimum opening . If any funds are returned to you in a currency other than U.S. dollars, we will convert the returned foreign currency into U.S. dollars at its current exchange rate for such currency at the time of the return. IMPORTANT INFORMATION ABOUT CASH REPORTING REQUIREMENTS FOR BANKS UNDER THE BANK SECRECY ACT, Frost Bank understands that most cash transactions are legitimate and that our customers are not involved in criminal activities. If you establish a joint Account without the signature of the other joint Account Holder(s), you agree to hold us harmless for our reliance upon your designation of the other joint Account Holder(s) listed on our documents. 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