No Electronic Image submitted by you to us represents an Original Check that has already been collected. (6) Power of Attorney For purposes of this subsection, the person executing a power of attorney will be referred to as the principal, and the person acting for the principal under the power of attorney will be referred to as the agent. If you desire to grant someone power of attorney over your Account, we ask that you complete a power of attorney form that is legally binding within the State of Texas (Power of Attorney) in accordance with Texas Estates Code Chapter 751. 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. It is not Frosts responsibility to detect any inconsistency between the Account number you provide and the name. (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. See how easy it is to deposit checks with the Frost App for iPhone and Android devices. While we may accept non-conforming endorsements, you will be responsible for any loss incurred by us due to the delay in processing or returning the item for payment. Q. Your Digital Wallet may provide you with the option and ability to turn off this purchase transaction reporting for each Mobile Card. Other casinos may use a separate credit-checking service. C. Average Daily Balance means the application of a periodic rate to the Average Daily Balance in the Account for the period, determined by adding the full amount of principal in the Account for each day of the period and dividing that figure by the number of days in the period. You have the right, at your own expense, to employ separate counsel to participate in such matter on a non-controlling basis. If we require written confirmation and do not receive it, we may remove the stop payment order after fourteen (14) calendar days from the date we requested such written confirmation, and we may honor subsequent ACH transaction debits to the Account. (4) Substitute Checks Deposited by You, X. Online. (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. B. When we accept a Power of Attorney we may continue to recognize the authority of your agent as attorney-in-fact until we receive written notice of revocation from you and we have had a reasonable time to act in response to such notice. 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 must also inform the payee in writing of your revocation. For this reason, by adopting a form of Mark, you agree you shall have the sole responsibility for maintaining security of the Mark and the device by which the Mark is affixed, and you are assuming all risk of loss resulting from the unauthorized use and or forgery of the Mark, and we will not be liable to you if use of the Mark was unauthorized. 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. 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. You authorize us to accept transfers, checks and other items for deposit to your Account if they are made payable to, or to the order of, any one (1) or more of you, whether or not they are endorsed by you. For determining the availability of your deposits, every day is a Business Day, except Saturdays, Sundays, and federal holidays. You authorize us to disclose information about your Account to a credit reporting agency if your Account was closed because you have abused it. Customers Smart Safe must be serviced (deposits removed for verification purposes) at least once each calendar week and transported to a Bank-approved vault location for verification. We may automatically close your Account if the balance is $0 or negative. Either you or we may close your CD Account on any maturity date without cause, and we may close your CD Account prior to any maturity date if such CD Account is pledged as loan collateral or as otherwise necessary to satisfy any debt owed to us. We reserve the right to refuse to honor any Power of Attorney you grant that is presented to us under the reasons for refusing acceptance as set forth in Texas Estates Code Section 751.206. Bottom Line. If you use this procedure with respect to a Personal Account, you may receive up to $2,500 of your refund (plus interest if your Account earns interest) within ten (10) Business Days after we receive your claim and the remainder of your refund (plus interest if your Account earns interest) not later than forty-five (45) calendar days after we receive your claim. You agree to indemnify us from all loss, expense and liability related to a claim that such draft or check was not authorized by the persons on whose account it was drawn. "This partnership brings together three Texas-based companies--Frost, Cardtronics and Valero--in a move that significantly expands the number of ATMs our customers can use free of charge. A. It is anticipated that the arbitration will take place within ninety (90) calendar days after notice is given. Checks or items prohibited by Banks current Documentation relating to Digital Deposits, or checks or items which are otherwise not acceptable under the terms of your Account(s). You agree to indemnify and hold us and our correspondent banks harmless against any and all losses, damages, claims, liability, costs, and expenses which we or they may suffer arising directly or indirectly out of the misuse, unlawful or unauthorized use of the Mark, regardless of whether you have been negligent. Wells Fargo Check Cashing Policy For Non-account Holders. HOW CAN I ORDER CHECKS? M. Right of Setoff You should understand, however, that it is easier for someone to imitate, duplicate, counterfeit, or gain unauthorized access to, or otherwise manipulate, a form or mechanical signature than it is for someone to imitate, duplicate, counterfeit, or gain unauthorized access to, or otherwise manipulate, a unique and distinctive signature. If we are unable to place a stop payment on a transaction for any reason, you must cancel the card. 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. We will not be liable to you for refusing such a deposit. The Bank is required to examine and record at least one (1) form of identification. (5) Stale Checks The arbitrator(s) shall in no event, have any power or authority to consolidate claims asserted by different claimants or counter-claimants, adjudicate any claims presented to them on a class wide basis, treat any claimant or counter-claimant as a representative of a class of claimants or counter-claimants, or award any relief on a class-wide basis. D. Account Termination Cash the check at a check-cashing store. When you select a Payment Card to use with the Digital Wallet Service, certain Account information for the Payment Card will be transmitted to and stored according to the Digital Wallet and Payment Card network procedures and systems for the Supported Digital Wallet Device to facilitate your participation in the Digital Wallet Service. Frost Bank will not tolerate violence or threats of violence or physical harm in any of its Premises. Furthermore, you are explicitly authorizing us to pay any and all checks presented against your Account which contain any mechanical signature which reasonably resembles the Mark you have adopted: Regardless of whether the Mark is actually that which you have adopted; Regardless of how or by whom the Mark was affixed; and. Please note that you'll still be able to view the current page on frostbank.com. (2) Report Lost or Stolen Devices or Payment Cards. The arbitrator can award damages or other relief provided for by law to you or Frost, but not to anyone else. You may ask for copies of the documents that we used in our investigation. Pay and get paid from other Frost accounts in seconds using only your phone number, make local transfers instantly . If the check you are endorsing doesn't have this, be sure to write 'For Mobile Deposit Only' or the version of this statement that your bank requires under your signature.". Subject to applicable law, we may charge a dormant Account fee on the Account, and the Account will be presumed to be abandoned. (v) Financial Institutions Liability For Failure To Make Transfers If we do not complete a transfer to or from your Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages up to the amount of the transfer. The front of a Substitute Check states: This is a legal copy of your check. 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. YOU SHOULD CHECK WITH YOUR DIGITAL WALLET PROVIDER AND YOUR WIRELESS CARRIER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES. You understand that in all cases, during the reasonable period of time described above, you are solely responsible for safeguarding all items you retain as required or permitted by Digital Deposits from destruction, alteration or theft. First Business Day after day of approval. On your death, ownership of the Account passes as part of your estate by will or by intestacy. This means that each joint Account Holder, but not a designated agency signer or convenience signer, is fully and personally obligated to Frost Bank under the terms of the Agreement, including liability for Overdrafts and debit balances, irrespective of which joint Account Holder or signatory benefited from the withdrawal. We value your relationship with us and hope that you find these frequently asked questions about cash reporting requirements helpful. YOU UNDERSTAND AND AGREE THAT YOU WILL BE RESPONSIBLE FOR MAINTAINING SECURITY AND CONTROL OVER ALL USER IDS AND PASSWORDS PROVIDED BY BANK, AND SHALL USE SECURITY FOR SUCH ITEMS COMPARABLE TO THE SECURITY AND CONTROL YOU WOULD USE FOR CASH, BUT IN NO EVENT LESS THAN REASONABLE SECURITY AND CONTROL IN THE CIRCUMSTANCES. Please notify us if we report any inaccurate information about your Account(s) to a consumer reporting agency. We are not responsible for the exchange rate set by an intermediary or correspondent bank or the receiving bank. Lodefast: Best for Akimbo Card Carriers. 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. On the sixth (6th) transfer from the savings subaccount to the transaction subaccount during a given statement period, all of the funds on deposit in the savings subaccount will be automatically transferred to the transaction subaccount. Please feel free to call us at 1-800-513-7678. Required Disclosures Under Electronic Funds Transfer Act and the Consumer Financial Protection If we do place a Hold on your Account, we may give notice as required by the laws governing your Account. Overdraft means any event that results in your Account having a negative Current Balance. For errors involving a transfer to or from an Account within thirty (30) calendar days after the first deposit to that Account (herein referred to as a New Account), or for errors involving POS or foreign-initiated transactions, we may take up to ninety If you prefer banking from a mobile phone or tablet, Frost Bank also offers a mobile banking app, available for free on the App Store and Google Play. 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. We are not liable to you for any special, incidental, exemplary, punitive or consequential losses or damages of any kind. 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. Frost Online Banking Services for Personal and Business Accounts Contractual obligations, such as loans payable to us, are processed in order from the lowest dollar amount to the highest dollar amount. A Partys invocation of the dispute resolution provisions under this Agreement applies whenever there is a dispute between you and Frost Bank. Please feel free to call us at 1-800-513-7678. Q. 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. If a valid reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. If you change any phone number you have provided to Frost or any Frost third-party service provider, for any reason, you agree to immediately notify Frost to ensure that the above communications are not interrupted or inadvertently delivered to another recipient who may be reassigned your prior phone number. The stop payment request will be effective if we receive the order at such time and in such manner as to afford us a reasonable opportunity to act upon the stop payment order. 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. Bank shall not be liable to customer as an insurer of such property. In addition, you agree to reimburse us for all claims, losses, costs and damages we may incur regarding any Electronic Image, Substitute Checks or IRD deposited by you. 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. I. 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. 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. Frost Bank may also exercise its right to deny entry to the Premises to any Frost Bank customer or other person what is identified as being disruptive or a threat to Frost Bank employees, Frost Bank customers, or others. 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. If you and Bank engage in negotiation but are unable to resolve the dispute through negotiation within the timeframes for negotiation set forth above, then you and Bank agree to submit the dispute to mediation. Is this a new reporting requirement? You understand and acknowledge that no court or other judicial body will have any authority to designate or appoint any arbitrator. 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. On the death of the last surviving trustee, the ownership of the Account passes to the beneficiary. We are not required to close your Account at your request if you have pending transactions, the Account is overdrawn or your account is subject to Legal Process (such as garnishment, attachment, execution, levy or similar order). The Digital Wallet Service enables you to create virtual representations of your Payment Cards (collectively, Mobile Cards) on an eligible Mobile Device to make: (1) contactless payments at merchants contactless-enabled POS terminals or readers that accept contactless payments using a virtual representation of your Payment Card (in lieu of you presenting your physical Payment Card) and (2) in-app or other digital commerce payments at merchants participating in the Digital Wallet Service. If you fail to notify Frost, you may be liable for all or a portion of the losses associated with unauthorized use of your Payment Card whether or not that use was through the Digital Wallet Service. (5) Error Resolution Procedures In case of errors or questions about your electronic funds transfers, either call or write to us using our contact information as listed above. Frost does not currently charge any fees for using the Digital Wallet Service. Truist: $8 for checks greater than $50. Any written notice we give to you is effective when it is deposited in the U.S. mail, postage prepaid and addressed to you at your mailing address as described in subsection VI.S.1. We will not be liable, for instance: If, through no fault of ours, you do not have enough money in your Account to make the transfer; If the transfer would go over the credit limit on any Overdraft line associated with your Account; If the ATM where you are making the transfer does not have enough cash; If the ATM, terminal or system was not working properly and you knew about the breakdown when you started the transfer; If circumstances beyond our control (such as power outages, equipment failures, fire or flood) prevent the transfer, despite commercially reasonable precautions that we have taken; If the funds are subject to Legal Process or other encumbrance restricting the transfer; If an Account becomes dormant (in which case we may terminate card or code access to that Account); or. You deposit checks via Digital Deposits totaling more than any applicable daily dollar amount limit, monthly Item limit or any other limitations on your Digital Deposits that Bank may impose. Our only responsibility is to exercise reasonable care. The Bank has the right to refuse your transaction if you do not want to provide the required information. (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). 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. We will not be liable for the dishonor of any Item when the dishonor occurs because we setoff a debt against your Account. F. 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