If you make deposit via Digital Deposits on a day that is not a Business Day, we will consider such deposit made on the next Business Day we are open. In order to serve you better, and for quality assurance and other purposes, we reserve the right, but are not obligated to, record any customer service or other telephone calls between you and the Bank, and you consent to any recording. Checks used in these types of transactions will not be returned with your statement. How To Log In To Your Frost Bank Account From a Mobile Phone or Tablet. 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. (b) Limitations there are no limitations on the number or dollar amount of transfers you may make per day. Bottom Line. If any person notifies us of a dispute, we do not have to decide if the dispute has merit before we take further action. In addition, we may also place a Hold on some or all of the funds in your Account, or on particular transactions on your Account, without any liability to you, in accordance with our obligations under Texas Finance Code Chapter 280 (Protection of Vulnerable Adults from Financial Exploitation) to investigate and report suspected incidents of financial exploitation against vulnerable adults as defined under that law, which includes adults who are sixty-five (65) years or older or a person with a disability. Typically, deposits and credits are processed first, then withdrawals or other debits (such as charges) are processed next. (Federal regulations require us to retain the right to require all savings and all NOW Account Holders to give seven (7) days written notice before making a withdrawal.) Bank retains the ability to either approve or deny your use of Digital Deposits in Banks sole and absolute discretion. (1) Notice of Amendments (2) Notice of Receipt We will notify you of the receipt of payments in the periodic Account statements we provide to you. (3) Delivery and Receipt of Notices, VII. You authorize us to store and use Signature Card information in any reasonable form we deem necessary, including any digitized signature capture or electronic storage process. Frost Bank is located in San Antonio, Texas, and that is where your Account was opened and is maintained. 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. For transactions processed through the Visa system (for example, use of your personal Debit Card when no PIN is used), liability limits differ from those set forth above. There is an emergency, such as failure of computer or communications equipment. As a KeyBank client, check-cashing services are available anytime, without a check-cashing fee. The terms of use for your Payment Card which were provided to you when your Payment Card was issued, and as amended from time to time, remain in full force and effect regardless of whether or not you use the Digital Wallet Service. 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. 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. 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. A. 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. (3) If your Account is a Personal Account, then these electronic debit transfers are governed by the Electronic Funds Transfer Act and the Consumer Financial Protection Bureaus Regulation E (Regulation E), and all electronic checks (both debits and credits) are also governed by the Operating Rules and Operating Guidelines of the National Automated Clearing House Association (NACHA) and are also subject to the separate Frost Bank Electronic Funds Transfer Agreement and Disclosure as described in Section X.B. (Stop Payment Orders for Checks). Further, the Account is subject to the right of setoff as further described in Section VI.M. (11) Preauthorized Drafts If you voluntarily give information about your Account (such as our routing number and your Account number) to a party who is seeking to sell you goods or services for payment of such goods and services, even if you do not physically deliver a check to the party, any debit to your Account initiated by the party to whom you gave the information is deemed authorized by you, to the extent allowed by law. (Consent to Autodialed and Prerecorded Phone Calls and Text Messages) of this Agreement, you expressly consent to receive phone calls, text messages, push notifications, and emails related to the Digital Wallet Service from Frost and any Frost third-party service provider at any phone number (including any mobile phone number) and email address you have provided to Frost or any Frost third-party service provider. To endorse the check, sign your name on the blank line located on the back of the check. If final payment is not received or if any item you have deposited or cashed is charged back to us for any reason, you authorize us to charge any of your Accounts, without prior notice and at any time, for the amount of the returned item, our returned item fee, any interest paid on that item, and any other fee we pay or incur, including, if applicable, foreign exchange fees or charges resulting from checks or drafts drawn on foreign banks. Standards means the applicable standards set forth in CTA, Check 21 or as promulgated by the American National Standards Institute (ANSI) for image quality and transmission protocols, including, but not limited to, ANS X9.13, ANS We are here to answer any questions you may have about this Agreement or about your Frost Bank Account(s). I. Governing Law; Dispute Resolution; Arbitration; Statute of Limitations, Fraud and Loss Prevention; Legal Process; Legal Compliance; Reservation of Rights, Frost Bank Property, Branch and ATM Code of Conduct, Notify Us of Inaccurate Information We Report to Consumer Reporting Agencies, Consent to Autodialed and Prerecorded Phone Calls and Text Messages; Consent to Fraud Alert Text, Debit Card Services (Including Health Savings Account Debit Cards), Frost Online Banking Services for Personal and Business Accounts, Mobile Device and Wireless Internet Access, Lost, Destroyed or Stolen Cashiers Checks, Tellers Checks or Certified Checks, Wire Transfers and Automated Clearing House (ACH) Transactions, Cash Vault Services and Smart Safe Services, Representations and Agreements; Indemnity, Relationship to Your Digital Wallet Provider, Required Disclosures Under Electronic Funds Transfer Act and the Consumer Financial Protection, IMPORTANT INFORMATION ABOUT CASH REPORTING REQUIREMENTS FOR BANKS UNDER THE BANK SECRECY ACT. In addition to your ability to request that a Wire Transfer be sent in a currency other than U.S. dollars, Wire Transfers that are denominated in U.S. dollars but contain instructions from you for us to send to an account denominated in a foreign currency, may be converted by us or converted by an intermediary or correspondent bank or the receiving bank, in such entitys sole discretion, into the applicable currency of the country the Wire Transfer is being sent to. Frost may disqualify a Mobile Card or discontinue providing any services to any individual suspected of violating the terms of this Agreement or the third-party agreements related to your Digital Wallet or the Digital Wallet Service in its sole and absolute discretion. This is usually a quick process. Head to the bank. You have the right, at your own expense, to employ separate counsel to participate in such matter on a non-controlling basis. You may generally not stop payment on an electronic funds transfer or ACH transaction after acceptance of the item by us, except as specifically allowed under NACHA Rules (defined herein) with regard to ACH transactions. 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). (4) Changes We have the right to change the rates and fees in accordance with the Schedule. If your Account had funds in it when closed, we may: (1) hold the funds for your pick up or to pay outstanding or expected items or claims; (2) deposit the funds in another of your Accounts with us; or (3) mail the funds in the form of a cashiers check to any of you by check at the address in our records for the Account. 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. (7) Electronic Check Conversion You may authorize a merchant or other payee to make payment via a one-time electronic funds transfer from your checking Account using information from your check to: (8) Represented Check Transaction You may authorize a merchant or other payee to electronically collect a fee associated with the re-presentment of a check that is returned due to insufficient or unavailable funds. Frost reserves the right to institute charges for account access or for additional transactions or features in the future, but only after written and/or electronic notification to you in accordance with applicable law. Funds from cash and electronic direct deposits will generally be available on the day we receive the deposit. We will not be liable to you for refusing such a deposit. We have no duty to discover, observe, or comply with stale checks. Frost is the banking, investments and insurance subsidiary of Cullen/Frost Bankers, Inc. (NYSE: CFR), a financial holding company with $21.8 billion in assets at September 30, 2012. You agree that Electronic Images, as defined below, submitted via Digital Deposits (from either your personal computer or mobile device) are not subject to the funds availability requirements of the Federal Reserve Boards Regulation CC (Regulation CC). If you do not accept any revisions made to these terms, your sole and exclusive remedy is to cancel your use of and delete all Mobile Card(s) and to cease using the Digital Wallet Service. (14) Electronic Checks 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. We are not liable to you for any special, incidental, exemplary, punitive or consequential losses or damages of any kind. Checks with a value greater than $50 will be charged $8 per check. Requirements: Photo ID. If you are a sole proprietor, we may charge any of your Personal or Business Accounts. B. WITH YOUR USE OF DIGITAL DEPOSITS, AND IN ADDITION TO ANYTHING ELSE SET FORTH IN THIS AGREEMENT, YOU ASSUME LIABILITY FOR, AND HEREBY AGREE TO INDEMNIFY, PROTECT AND HOLD HARMLESS BANK AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS (BANK INDEMNITEES), FROM AND AGAINST ANY AND ALL LIABILITIES, OBLIGATIONS, LOSSES AND EXPENSES, INCLUDING REASONABLE ATTORNEYS FEES, OF ANY KIND OR NATURE (DAMAGES) ARISING OUT OF THE USE OF, CONDITION (INCLUDING LATENT AND DEFECTS AND WHETHER OR NOT DISCOVERABLE BY YOU OR BANK), OPERATION, OWNERSHIP, SELECTION, DELIVERY, INSTALLATION OR LICENSING OF ANY ITEM OF PROCESSING SOFTWARE OR EQUIPMENT. (2) Longer Delays May Apply In some cases, we will not make all of the funds that you deposit by check available to you on the first Business Day after the day of your deposit. (3) Funds Availability Holds on Other Funds (Check Cashing) If we cash a check for you that is drawn on another bank, we may withhold the availability of a corresponding amount of funds that are already in your Account. Fill out a deposit slip (if necessary) and sign the slip. 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. (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. (15) Check Legends If the parties and the arbitrators cannot agree on the third arbitrator, the third arbitrator shall be designated by the President of the Texas Academy from the current roster of Distinguished Neutrals resident in Texas. The arbitrator(s) decision, rendered in a reasoned opinion, will be final and binding on the Parties. 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). Please note that you'll still be able to view the current page on frostbank.com. Substitute Checks and Your Rights We may automatically close your Account if the balance is $0 or negative. You agree to be liable to us for any loss, costs, or expenses, including, without limitation, reasonable attorneys fees, that we may incur as a result of any conflicting instructions, dispute or legal proceeding involving your Account. The Bank must have the full name of the business, the permanent address and the federal employer identification number/Tax Identification Number. Search Frost Bank locations for your personal and business banking, investments and insurance needs. (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. You authorize us to request and obtain one (1) or more credit reports about you from one (1) or more credit reporting agencies for the purpose of considering your application for the Account, reviewing or collecting any Account opened for you, or for any other legitimate business purpose. We reserve the right to change the terms and conditions upon which our services are offered. With any Account type, each joint Account Holder, designated agency signer (see below for description of Agency Account), convenience signer, and Power of Attorney or agent acting on behalf of a joint Account Holder, without the consent of any other Account Holder or signatory, may, and hereby is authorized by every other joint Account Holder, to make any transaction permitted under the Agreement, including without limitation: to withdraw all or any part of the Account funds; to (except for agency signers and convenience signers) pledge the Account funds as collateral to us for any obligation, whether that of one (1) or more Account Holders or of a third party; to endorse and deposit checks and other items payable to any joint Account Holder; to give stop payment orders on any check or item, whether drawn by that Account Holder or not; and to close the Account, with the disbursement of Account proceeds as instructed by the Account owner or joint Account Holder. Magnetic Ink Character Recognition Line or MICR Line means the numbers, which may include the routing number, Account number, check number, check amount and other information, that are printed near the bottom of a check in magnetic ink in accordance with the Standards. (13) Preauthorized Payments, XI. We provide this information only as a courtesy and convenience to you. Withdrawal categories are generally processed in the following order: ATM and Debit Card transactions are processed in the order we received them, provided that such ATM or point-of-sale terminal or network is properly operating. 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. Pay and get paid from other Frost accounts in seconds using only your phone number, make local transfers instantly . Walmart. Furthermore, you understand and acknowledge that if you do not implement and follow your own commercially reasonable hardware, software, physical access and physical storage Security Procedures regarding any of the data owned by you, which includes such data containing the sensitive personally identifiable information (PII) of any individual, the security of your Digital Deposits and/or the data owned by you (including sensitive PII) may be compromised. (2) Longer Delays May Apply If Frost has made any funds available to you from an Electronic Image that is initially accepted but ultimately rejected through the Frost Bank Internal Image verification process, Bank will reject the Electronic Image and reverse the dollar amount of such rejected Electronic Image previously credited to your Account. You may select some of the following Accounts by placing your initials next to the Account you select on the Texas Uniform Single or Multiple-Party Account Selection Form.. Upon termination of the license, you must cease all use of the Digital Wallet Service and Mobile Card and delete all Mobile Card(s) from the Digital Wallet Service. 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. The account does pay interest, but only on balances higher than $5,000. The amount of your refund under this procedure is limited to the amount of your loss or the amount of the Substitute Check, whichever is less. You are responsible even if the size or color of the Mark is different from that of any signature previously presented to us. Bank of America: Bank of America permits checks written by Bank of America customers. The transaction is not covered by the Electronic Funds Transfer Act or Regulation E, but is governed by the Uniform Commercial Code (UCC) and other applicable Federal Reserve Board Regulations. (2) Multiple-Party Accounts You did not receive your scheduled Account statement. Insurance. The arbitrator can award damages or other relief provided for by law to you or Frost, but not to anyone else. 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. L. Disclaimer of Warranties In this Agreement, each and all of the depositors may be referred to as "you," "your," "Account Holder" or "customer.". 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