Fees and Charges All other capitalized terms used that are not otherwise defined in this Agreement or in the Documentation shall have the meaning given to such term in Article 3 or Article 4 of the UCC (as amended from time to time) effective in Texas as adopted in the Texas Business and Commerce Code. This is required to use any ATM for any purpose. The third party must be named as a party in accordance with the rules of procedure governing the arbitration. However, you should consult your own attorney if you have any questions regarding community property laws and the division of property at the death of either spouse. (v) Fiduciary Accounts With respect to all fiduciary Accounts, including, but not limited to, estate Accounts, guardianship Accounts, and conservatorship Accounts, and any formal trust Account, Texas Uniform Transfers to Minors Act Account, or Agency Account, at any time we may require such documents and authorizations as we may deem necessary or appropriate to satisfy us that the person(s) requesting or directing the withdrawal of funds held in the Account have the authority to withdraw such funds. The availability of funds for deposits via Digital Deposits is set forth in the Funds Availability Policy Disclosure section of this Agreement. G. Interest-Bearing Checking Accounts (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). Non-resident aliens without a Social Security Number are required to provide an official document issued in their country. Member FDIC, III. When you open an Account with us, you give us information about yourself, confirm that it is correct, and understand that you have an ongoing obligation to provide us with updated and correct information so long as you maintain your Account with us. We reserve the right to change the terms and conditions upon which our services are offered. S. Substitute Check means a paper reproduction of an Original Check with an accurate, legible image of the front and back of the Original Check, and that conforms to standards established by the Federal Reserve Board. Each Joint Account Holders obligations under the Agreement are joint and several. If we do not have current exchange rates for the particular foreign currency involved, we will use our best efforts to promptly convert the currency through reasonable commercial and/or banking channels, and you agree to pay us a reasonable fee for such services. Similar electronic funds transactions made with respect to Business Accounts are governed by the Texas Business and Commerce Code and any applicable federal law, rule, or regulation. * View and zoom, save and print cleared check images. If you are a Business Account customer, you expressly grant permission for Bank to monitor and record calls made by any of your employees regarding your Account(s). (2) Multiple-Party Accounts INFORMATION ABOUT YOU AND YOUR ACCOUNT G. Check or check means any written order to pay a specific amount of money drawn on, payable through or at, or processed by, a bank or other depository institution. (1) Provisional Payment Depending on the type of check that you deposit via Digital Deposits, funds may not be available until the second (2nd) Business Day after the day of your deposit. To endorse the check, sign your name on the blank line located on the back of the check. Documentation means the online help files or written instructions and materials made available or supplied by Bank that provide the description, methods of operation, and required procedures to engage in Digital Deposits activities. (12) Converting Checks To Electronic Debits . (7) Agents We may, in our sole discretion, terminate your Digital Deposits effective immediately if: (1) there is an occurrence of a material change in your Account activity or other risk analysis criteria as determined by us in our sole and absolute discretion; (2) we at any time determine that you (or your Third Party) does not meet our risk or other qualification requirements; (3) we discover any willful misconduct (including, but not limited to, types of fraudulent activity) on your part or any other party with respect to Electronic Images submitted for deposit by you using our Digital Deposits; (4) you are in default of any terms of this Agreement where such default gives us the right to terminate, immediately or otherwise, or close your Account; (5) you have not used Digital Deposits for a period of time deemed to constitute an inactive service by us (in our sole discretion); or (6) you are in default of any terms of the Agreement or any other agreement with us. (5) Foreign Items A foreign item is a check or other item in any currency (including U.S. dollars) that is drawn on a bank or branch of a bank located outside of the U.S. You should be cautious about accepting foreign items because foreign items are not subject to U.S. laws or regulations. The negotiation shall be held within twenty (20) calendar days after such response is received by the Party initially requesting the negotiation; and the Parties must either complete the negotiation or agree that the dispute cannot be resolved through negotiation within thirty (30) calendar days of the first negotiation meeting. Our acceptance of a stop payment order will not constitute a representation that the check has not already been paid or that we have a reasonable opportunity to act upon the order. A. Debit Card Services (Including Health Savings Account Debit Cards) (1) Your Ability to Withdraw Funds By entering into this Agreement, you agree that you are providing your express consent for Frost and any Frost third-party service provider to call you, text message you, or both at any phone number (including any mobile phone number) you provide to Frost or any Frost third-party service provider using auto-dialed phone calls, prerecorded phone calls, or both for any or all of the following reasons: (i) transactional purposes; (ii) informational purposes; (iii) to provide account alerts; (iv) to provide servicing information; (v) fraud prevention purposes; and (vi) any other purposes provided for in this Agreement or in any other applicable Frost agreements, including, but not limited to, Frosts Customer Privacy Statement. Also, you understand that in certain instances we may request from time to time the Original Check to respond to claims made by the drawer of the check. A Digital Wallet is a service offered exclusively by your Digital Wallet provider (e.g., Apple, Google, Samsung) using devices deemed eligible by your Digital Wallet provider. If we do not receive final settlement, you agree that we are entitled to a refund of the amount credited to your Account in connection with such entry, and the party (the originator of the entry) making payment to you by such entry shall not be deemed to have paid you the amount of such entry. YOU SHOULD CHECK WITH YOUR DIGITAL WALLET PROVIDER AND YOUR WIRELESS CARRIER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES. (c) Multiple-Party Account with Right of Survivorship If this is the type of Account you have with us, then you and the other parties to this Account own the Account in proportion to each of your net contributions to the Account. I waited over an hour for my money and both I and the check holder banked with them. Federal laws, including the Bank Secrecy Act, require that all banks obtain this information on these types of cash and monetary instrument transactions. Such phone calls and text messages may include auto-dialed phone calls and text messages, prerecorded phones calls and text messages, or both. Are there other reporting requirements involving cash required by federal law? We are not liable to you if there are insufficient funds in your Account due to a hold or charges related to a returned item. (2) Exceptions We also may refuse to allow a withdrawal if there is a dispute about the Account (unless a court has ordered us to allow the withdrawal), the Account is garnished or attached, the Account has been pledged as collateral for a debt, the availability of the funds on deposit cannot be verified, any required documentation has not been presented, or you fail to repay an obligation to us on time. Any final arbitration award, rendered in a reasoned opinion, will be binding on the named parties and enforceable by any court having jurisdiction. D. Beneficial Owner means, as defined in the Title 31 of the Code of Federal Regulations, each individual who, directly or indirectly, holds an ownership interest of twenty five percent or more in a legal entity customer, and any individual who has significant responsibility to control, manage, or direct the legal entity customer. Even though the foreign item is returned unpaid, we may charge you for our collection fees and for fees and charges assessed by the paying bank and any agents involved in the collection or settlement process. No such amendment will apply to any dispute with you arising, or arising out of events occurring, prior to such amendment or notice, as to which we receive timely notice. If the third arbitrator is jointly selected by your and the Banks designees or by the AAA or like organization, that third arbitrator shall have these same industry or legal experience or credentials described above. If you enroll in the Digital Wallet Service and your Supported Digital Wallet Device is lost or stolen, or you have reason to believe that your Supported Digital Wallet Device has been compromised, including that of your fingerprint reader, PIN, or other security device, you agree to contact Frost immediately so that Frost can take action to disable your Payment Card for use within the Digital Wallet Service. B. The arbitrator(s) shall express their decision in a written award supported by findings made and signed by the arbitrator(s). Telephone: (800) 513-7678, In writing: We will mail notice to you at least twenty one (21) calendar days before the effective date of any change, as required by law. (Funds Availability Policy Disclosure) apply only to demand deposit checking Accounts. A. 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. A. Similarly, if one of the account holders owes money, the creditor can try to collect from money in the joint bank account. (1) What is a Substitute Check To make check processing faster, federal law permits banks to replace Original Checks with Substitute Checks. These checks are similar in size to Original Checks with a slightly reduced image of the front and back of the original check. The Bank has the right to refuse your transaction if you do not want to provide the required information. F. Business Days means Monday through Friday, excluding federal holidays. Use of the savings subaccount as a holding account may resume at the beginning of the next statement period. Third Parties means with regard to Business Account customers any party whom you hire, employ, or to whom you delegate your duties or responsibilities to administer Digital Deposits. Available Balance Is the Current Balance in your Account minus (i) debit card, electronic payments or other transactions that we are legally obligated to pay or have already paid (in cash or otherwise), (ii) other pending transactions such as ACH transactions, (iii) any funds that are subject to final payment, and (iv) any Holds on your Account. (vi) Notices All notices from us will be effective when we have mailed them or delivered them to your last known address in our records. Relationship to Your Digital Wallet Provider B. 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. Additional definitions regarding Digital Deposit terms are contained in Section VII (Digital Deposits). We may accept any Power of Attorney that we believe was executed by you and may act on instructions we receive under such form. This Agreement contains the general terms and conditions governing your deposit Accounts with us. You further agree that we are not responsible for any loss to you in doing so. $25. Regions Bank: 1% of . We will also provide you with an estimate of when the funds will be available. For further information regarding the use of your Debit Card, please refer to the applicable Frost Bank Card Agreement and Disclosure applicable to those services. Q. ATM and Debit Card re-presented transactions and all other transactions for which authorization has already occurred are processed in order from the lowest dollar amount to the highest dollar amount. Q. In addition, you must notify us promptly if you do not receive an Account statement. (7) Agents Unless explicitly provided for in a Power of Attorney executed by the principal, an agent cannot appoint another agent, including, but not limited to, a convenience signer. In that case, your bank account can remain in your name only, but the person you name in your power of . You agree to retrieve and produce for us the Original Check in question within seventy-two (72) hours of a written request by us. A. The Bank will replace the Security Procedures in accordance with the Banks standard security requirements related to Digital Deposits. recipient) as required by OFAC and the United States Department of Treasurys Financial Crimes Enforcement Network. 2. Does your employer use positive pay so the issuing bank can know that the check was produced by your employer at the teller line? If you and your spouse have this type of Account and desire the spouse to have right of survivorship in those funds upon the death of either spouse, you each will need to choose the Multiple-Party Account With Right of Survivorship designation on the Texas Uniform Single- or Multiple-Party Account Selection Form according to Section 113 of the Texas Estates Code. Camilla has a background in journalism and business communications. I am over it and will be banking somewhere else. (8) Signatures 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. We will not be liable to you for any damages you may suffer as a result of your Account being closed or the process that follows the decision to close your Account. If you have Overdraft protection with us, you authorize us to make transfers and/or advances to your Account(s) pursuant to the Frost Bank Overdraft Protection Agreement if the balance in your Account is at any time insufficient to support any transfers you authorize. (2) If you authorize the conversion of your check into an electronic debit under one of the situations described above, funds may be withdrawn from your Account sooner than the funds would have been withdrawn had the original paper check been sent to us for payment. We will determine whether to pay or return a withdrawal or debit each time it is presented to us for payment. If your Account has not yet earned enough interest so that the penalty can be deducted from earned interest, or if the interest has already been paid, the difference will be deducted from the principal amount of your Account. We will not be liable for the dishonor of any Item when the dishonor occurs because we setoff a debt against your Account. Box 1600, San Antonio, Texas, 78296, Attention: Loan Operations. E. Withdrawal Rules You acknowledge that use of an ineligible Mobile Device with the Digital Wallet Service is expressly prohibited, constitutes a breach of these terms and is grounds for Frost to temporarily suspend, permanently terminate, or otherwise deny further access to your Payment Card in the Digital Wallet Service. If you have recently received a money order, read below to learn how to cash it quickly and safely. If you make a deposit on a day that is not a Business Day, we will consider the deposit made on the next Business Day we are open. If your Account earns interest, the following information applies: (1) Payment of Interest We will pay interest at the annual rate specified on the applicable Schedule, which does not reflect compounding. If you or your Account becomes involved in a Legal Process, your use of the Account may be restricted. We may send checks to any bank or directly to any non-bank drawee in our customary manner. (3) Foreign Wires You agree that if you request a Wire Transfer in a currency other than U.S. dollars, we will convert such amount at our current exchange rate for the foreign currency you specify. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the Business Day after we receive your deposit. If you choose to designate a beneficiary, you must complete a beneficiary designation form at the time you open this Account. (1) Penalty The early withdrawal penalty is calculated as a forfeiture of part of the accrued interest that has or would be earned on the Account. For Business Account customers, you understand and agree that any employee or applicant for a job responsible for handling your financial affairs (including processing, writing or receiving checks, handling Account statements or acting otherwise in a responsible manner regarding your financial affairs) has been asked specifically whether they have ever been convicted of a felony, that a thorough background check of such employee or applicant has been conducted, that a system of reasonable financial controls is in place, and that you have instituted a program that encourages your employees to report fraudulent or dishonest activities to you or company management. No Frost Bank customer will interfere with the safe operation of any Premises, and will comply with the instructions of Frost Bank employees, including security personnel. Dollars, you must advise us at the time of the transaction. We may reverse the refund (including interest on the refund) if we later are able to demonstrate that the Substitute Check was correctly posted to your Account. Each of you signing the Signature Card for an Account acknowledges receipt of this Agreement, and agrees to the terms set forth in the Agreement, as amended from time to time. A. (d) Community Property with Right of Survivorship Texas law allows persons who are married to each other to agree in writing that community property funds in an Account shall become the property of the surviving spouse on the death of either spouse. Such Electronic Images shall be deemed received by us for deposit based upon time of receipt as well as successful receipt of Electronic Images that are complete, usable, and adhere to the Standards. On the death of the last surviving trustee, the ownership of the Account passes to the beneficiary. It might include a missing signature, an unauthorized signature, or an alteration, or be a transaction that was otherwise not authorized by you. To do this, the bank or check cashing place will usually ask for at least two forms of picture identification. You understand that your use of the Digital Wallet Service is subject to the terms and conditions of this Agreement, including this Section VIII. Credit Verification and Reporting Under the Check 21 Regulations, any check you write or deposit need no longer be returned for payment by the bank of the person to whom you wrote the check. HOW CAN I ORDER CHECKS? Frost will pay any costs that are required to be paid by Frost under the arbitration administrators rules of procedure. Please feel free to call us at 1-800-513-7678. On any transactions involving the Account, we may act on the instructions of the person(s) authorized in the resolutions, banking agreement, or certificate of authority to act on behalf of the Account Holder. 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. (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. Others do. The arbitrator(s) decision, rendered in a reasoned opinion, will be final and binding on the Parties. (4) Substitute Checks Deposited by You Should you receive a valid Substitute Check from someone else that has not yet been collected, you may deposit that Substitute Check in the same manner as you would deposit an Original Check you received. End of business day (no earlier than 2pm) No earlier than 12pm (3pm at non-PNC ATMs and 10pm for . 27 febrero, 2023 . If you have any questions on this or any other regulatory subject, please do not hesitate to call your branch or your banker. Literally. We may require a separate form for each agent and for each Account for which you want to grant a Power of Attorney. If your account has been compromised, should you decide against closing an Account as required by us, or if you decide not to implement products or services that are designed to deter fraudulent activity after we have required you to implement such products or services, you will be precluded from asserting any claims against us for any fraudulent activity. 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. R. Cash Vault Services and Smart Safe Services If you call us, we may also require you to put your request in writing and mail or otherwise transmit it to us within fourteen (14) calendar days after you call. The terms of the license will govern any upgrades provided by Frost that replace or supplement any Mobile Card, unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern. Within a timeframe agreed upon between Smart Safe Vendor, customer and Bank, the contents contained within the Smart Safe shall be removed by the designated Smart Safe Vendor and physically transported to a location directed and approved by the Bank for verification. Check cashing services for payroll checks, government checks, tax checks, and money orders are available at many Walmart stores for a small fee$4 for checks $1,000 or less and $8 for checks higher than $1,000, with a maximum check amount of $5,000. (1) Some businesses, including merchants, retailers and billers for services, convert original paper checks that you give them into electronic debits (sometimes referred to as an electronic check) through use of Accounts Receivable Conversion (ARC), Point of Purchase (POP) conversion, or Back Office Conversion (BOC). Named as a holding Account may resume at the teller line non-bank drawee in our customary manner requirements to. 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