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. The arbitration will be administered either by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules or Consumer Arbitration Rules, as applicable, and the Texas Arbitration Act, or by a like organization selected by the Bank in accordance with such organizations rules for resolution of commercial or consumer disputes, as applicable, and the Texas Arbitration Act. In order to satisfy the Acts requirements, we may, and in many cases, must request certain information about the individual presenting the transaction, as well as the organization or individual for whom the transaction is being conducted. 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. 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. You agree not to disable any of these security features and to use these security features and procedures to safeguard all your Mobile Cards. You understand and acknowledge these provisions do not apply to any Business Account. Should you desire to utilize Digital Deposits (Banks remote deposit capture services), you must request such services from Bank either in person, via telephone or via the applicable Internet banking services (e.g. These electronic funds transfers are generally governed by regulations issued by the Federal Reserve Board of Governors. For stop payment orders on recurring ACH transactions, you can obtain the company name of the payee from your statement by looking at a prior ACH debit from that payee that posted to your Account. To do this, the bank or check cashing place will usually ask for at least two forms of picture identification. (2) Report Lost or Stolen Devices or Payment Cards. Given that your Supported Digital Wallet Device can be used like a Payment Card to make purchases, you must notify Frost in the event your Supported Digital Wallet Device is lost or stolen with the same urgency as if your actual Payment Card is lost or stolen. Yes, most banks and credit unions support ATM check deposits as long as you have an account with that bank. IN ADDITION TO ANY OTHER DISCLAIMERS OF WARRANTIES CONTAINED ELSEWHERE IN THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF ANY MOBILE CARD AND THE DIGITAL WALLET SERVICE IS AT YOUR SOLE RISK. You and we agree that upon the election of either of us, any dispute relating in any way to your Account or transactions, or otherwise arising under this Agreement, will be resolved by the dispute resolution procedures described below, which include binding arbitration. Once the funds are available, you can withdraw the funds in cash and we will use the funds to pay Items and transactions drawn on your Account. You understand and acknowledge that all of the warranties deemed given by a depositor of a check to a bank under the UCC as applicable from time to time in the State of Texas shall also apply to any Electronic Image of an Original Check, and also apply to any Substitute Check deposited by you (as described in Section IX.A.4. During scheduled system maintenance or unscheduled downtimes, Frost operated ATMs may go into Stand-In Mode.. Federal laws, including the Bank Secrecy Act, require that all banks obtain this information on these types of cash and monetary instrument transactions. POP conversion may occur at a Point- of-Sale (POS) location where the business or merchant will have posted notice that your check will be converted to an electronic debit and may have you sign a receipt and may return your check to you after scanning your check. The Bank has the right to refuse your transaction if you do not want to provide the required information. If you have any questions on this or any other regulatory subject, please do not hesitate to call your branch or your banker. Information Regarding Digital Deposits Each renewal of a stop payment order will be treated as a new stop payment order. 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. (3) Your Liability for Unauthorized Transfers 5 business days after the day of the deposit. 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. H. Suspension; Cancellation This Agreement will be binding on your personal representatives, authorized agents, executors, administrators, and successors, and on our successors and assigns. You authorize us to disclose information about your Account to a credit reporting agency if your Account was closed because you have abused it. 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. The Bank will ask you for your full name, permanent address, Social Security Number, occupation and date of birth. Regions Bank: 1% of . (1) Penalty If you encode information on or with respect to an item after issue, you warrant to us, any subsequent collecting bank, and to the payor bank that the information is correctly encoded. If you or your Account becomes involved in a Legal Process, your use of the Account may be restricted. 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. We require you to provide the date of the check, the exact amount, the check number (or range of checks), and the name of the payee for all stop payment orders. You must separately contract with an armored carrier (Carrier) that is acceptable to us to allow Vault Deposit delivery to a remote cash vault location. 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 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. You authorize Frost to collect, use and share your information in accordance with the applicable Frost privacy policies, as they may be amended from time to time. Arbitration hearings will take place in the county seat of the Texas county of your permanent residence at the time the claim is filed. We will tell you the results within three (3) Business Days after completing our investigation. You agree that you will submit to us for deposit to your Account only Electronic Images that are Sufficient Image Copies of Original Checks for deposit via Digital Deposits. You understand, acknowledge and agree that the Bank is not responsible for any loss or damages resulting from any errors or failures of your personal computer, mobile device or data processing systems, including, but not limited to any personal computer or mobile device virus or malware attack (such as a keystroke logging program or similar malware), any attack by a person attempting or actually gaining unauthorized access to the data owned by you, or any Internet- related problems that may be associated with your access and use of our Digital Deposits. the sender of the ACH debit transaction), but this may stop all ACH items from this sender. For New Accounts, we may take up to twenty (20) Business Days to credit your Account for the amount you think is in error. We may determine the Current Balance in your Account that is used to determine whether or not a transaction is paid or results in an Overdraft at any time between the earlier of: (1) when the withdrawal or debit is presented to us for payment (by electronic or other means) or the time we receive notification that the withdrawal or debit has been deposited for collection at another financial institution; or (2) the deadline for us to take action on the Item. However, you have rights under other law with respect to those transactions as described elsewhere in this Agreement. You are granted a non-exclusive, non-sublicensable, non-transferable, personal, limited license to install and use the Mobile Card and the Digital Wallet Service on your Supported Digital Wallet Device solely in accordance with these Digital Wallet Service terms and this Agreement. 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. U. You have the right, at your own expense, to employ separate counsel to participate in such matter on a non-controlling basis. 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. We may include your name, address and other required information within the Wire Transfer instruction, so we may comply with international and foreign payment regulations and requirements. 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. Typically, deposits and credits are processed first, then withdrawals or other debits (such as charges) are processed next. The filing of a CTR is a common and routine event for all banks. Frost Bank may pay any sum in the Account to a Party, including a Partys Power of Attorney or agent, at any time. You also understand and agree that we may terminate your Account immediately if you become engaged in any of the activities described in this paragraph during the course of your relationship with us. At any time, at Frosts sole discretion and without prior notice, Frost may expand, reduce or suspend the type and/or dollar amounts of transactions allowed using a Mobile Card or change the enrollment process. C. Funds Availability Policy Disclosure. You further agree to notify us in writing of any changes in the person(s) authorized to act on behalf of the Account Holder, and change in the business entitys certificate of incorporation or other organizational document, or the form of ownership. Furthermore, to the extent there is a conflict between the records of the Bank, the Smart Safe Vendor or customer regarding the Smart Safe deposit, the Banks records shall control. The 615 ATMs at Valero Corner Stores, added to 469 ATMs operated by Frost Bank, will boost Frost's overall ATM network in Texas to 1,084. We may set the rate of both existing and future fees and charges upon the overall costs of providing Account services, and they need not be based upon the direct cost of providing the particular service involved. What information is the Bank required to obtain from me for this type of cash transaction? 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. 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