If the Account is a joint or any other type of multiple-party Account, each joint or multiple-party Account Holder authorizes us to exercise our right of setoff against any and all Accounts of each Account Holder. You agree that you will not allow any Third Party to use our Digital Deposits or to process Electronic Deposits to your Accounts without our prior written consent. Possession or consumption of alcohol or illegal drugs is prohibited on the Premises, and smoking, including e-cigarettes and vaporizers, are only allowed on the Premises in specially designated areas. You agree that this paragraph shall survive the termination of this Agreement for any reason. 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. Camilla has a background in journalism and business communications. We will also tell you when the funds will be available. If you do not opt-in to allow us to pay one-time debit card transactions that result in an Overdraft, we may still pay those transactions, in our sole discretion, and you are still required to promptly repay us the amount of the Overdraft, but we will not charge you a fee. If a problem arises with the product or service you purchased through use of the Mobile Card, you first should try to resolve the problem directly with the merchant, but you may also have rights under your card member agreement or otherwise under applicable law. FROST MAKES NO GUARANTEES ABOUT THE INFORMATION SHOWN IN THE DIGITAL WALLET SERVICE SOFTWARE OR HARDWARE IT CONTAINS AND MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE SAME. Frost Brokerage Services, Inc. is a wholly owned subsidiary of Frost Bank. 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. The Account statement shall be considered correct for all purposes, and we will not be liable for any payment made and charged to your Account, unless you notify us in writing within certain time limits after the statement is made available to you by mail, sent to you at your statement mailing address, made available to you through Online Statement Delivery (if you are enrolled in Online Banking, your statement is available to you as soon as it is posted, free of charge. Overdrafts will be handled in accordance with our Overdraft procedures or any other agreement you may have with us (such as an Overdraft Protection Agreement). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. We will determine whether to pay or return a withdrawal or debit each time it is presented to us for payment. In addition, we have the right to destroy your statements if you have not claimed them within sixty (60) calendar days. No assignment will be valid or binding on us, and we will not be considered to have knowledge of it, until we consent and the assignment is noted in our records. Requirements: Photo ID. Relationship to Your Digital Wallet Provider. You have overdrawn your Account repeatedly in the last six (6) months. We may confirm the funds you deposit and, after review, may adjust your Account for any errors including any errors on your deposit slip. The federal Bank Secrecy Act (Act) also requires all financial institutions to report cash transactions of more than $10,000 to the Internal Revenue Service (IRS). THIS MEANS ALL DISPUTES ARISING OUT OF, OR RELATED IN ANY WAY TO YOUR ACCOUNT OR THIS AGREEMENT, REGARDLESS OF ANY PRIOR AGREEMENT, DISCUSSION OR UNDERSTANDING, SHALL BE RESOLVED BY BINDING ARBITRATION, AND NOT THROUGH LITIGATION OF ANY KIND, IN ANY COURT, BY ANY JUDGE, BY ANY JURY OR OTHER TRIBUNAL (EXCEPT FOR MATTERS IN SMALL CLAIMS COURT, AND ACTIONS UNDER SECTION III.C. 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. P.O. The arbitrator(s) decision, rendered in a reasoned opinion, will be final and binding on the Parties. You understand and agree that should you implement the Positive Pay services incorrectly or if you fail to follow the required procedures for the Positive Pay services, you will be precluded from asserting any claims against us for paying any unauthorized, altered, counterfeit or other fraudulent item that the Positive Pay Service is designed to detect or deter, and we will not be required to re-credit your account or otherwise have any liability for paying such items. We can reverse any amount we have added to your Account for a deposited check and send the check on a collection basis even after we have taken physical possession of the check. B. If any amount deposited must be returned to the government for any reason, you authorize us to deduct the amount from your Account as provided in the Final Payment paragraph above. 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. Note, however, that you are also responsible for notifying your Digital Wallet provider if your Supported Digital Wallet Device is lost or stolen. Once coin and/or currency is picked up by Carrier, the Carrier accepts liability for the Vault Deposit during the transfer from the customers location to the remote cash vault at the designated Carriers location. Your Digital Wallet may also allow you to view recent purchase transactions made by you with your Payment Card. Such negotiation shall be conducted in good faith, and confidential customer information disclosed or discussed in the course of the negotiation shall remain confidential as provided by law. Prior to binding arbitration described in this Agreement, you and the Bank shall first attempt to resolve any dispute arising out of your Account or this Agreement through negotiation. All endorsements must appear on the back of the check or other item within the first 1-1/2 inches from the left side of the item when looking at it from the front, except that for Substitute Checks, endorsements that appeared on the back of the Original Check must also appear on the back of the Substitute Check. Additionally, insurance products are offered through Frost Insurance. F. Business Days means Monday through Friday, excluding federal holidays. (9) Fees Fees and Charges During this maintenance window, you may have limited transaction capabilities. 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. (ii) Convenience Account This type of Account is often used with family members when the owner needs help managing the Account, or simply wants a contingency signer. below (Right of Setoff). 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. If you are engaged in any of the activities described above, you must disclose such fact prior to opening your Account with us, and we reserve the right to deny you an Account based on such activity. 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. FROST RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU. 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. The Bank reserves the right to change any or all of the Security Procedures offered and/or used at any time by giving oral or written notice to you. Please notify us if we report any inaccurate information about your Account(s) to a consumer reporting agency. On the death of the last surviving Party, the ownership of the Account passes to the P.O.D. * Create memos for each transaction. If you win the arbitration, we will reimburse you for any fees you paid to the arbitration administrator and/or arbitrator. You can also make purchases with your debit card. (2) General Information These provisions apply to electronic fund transfers involving Personal Accounts. C. Consent to Autodialed and Prerecorded Phone Calls and Text Messages; Consent to Fraud Alert Text This Agreement contains the general terms and conditions governing your deposit Accounts with us. (12) Converting Checks To Electronic Debits 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). 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. Funds Availability Policy Disclosure The site you are about to enter may be less secure and may have a privacy statement that differs from Frost. (7) Agents You agree that if we pay the check, the check will be posted to your Account on the date we pay the check, even though the posting date is prior to the date shown on the check. We enter the information into our records. (Payable on Death) Designation If you have opened this type of Account then you are the sole owner of the Account. 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 those cases, we will restrict your Account against all future withdrawals other than under Legal Process until pending transactions are paid or returned, the balance is no longer negative, and any legal restriction has been released. How to Avoid the Monthly Service Charge. This is usually a quick process. Those time limits are applicable as follows: (1) Unless a longer time period is required by statute or governmental regulation, such as under Regulation E, and the time period may not be modified by agreement, you must notify us in writing within thirty (30) calendar days after we made the statement available to you by mail, through Online Statement Delivery (if applicable) or if you have requested us to hold your Account statements (a Statement Hold Request) if: An Item or other transaction listed is one you did not authorize, is altered, or is fraudulent; A deposit is missing from the Account statement; A Wire Transfer listed is one you did not authorize, is altered, or is fraudulent; Your Account statement contains any errors; or. 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. Any named trustee may withdraw funds from the Account. Electronic Image means a digital or electronic representation of an Original Check that is a Sufficient Copy and meets all of the Standards and is submitted by you to Bank for processing and collection as a Substitute Check. 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. Can I avoid having this form filed if I break up the transaction into smaller amounts? Further, the Account is subject to the right of setoff as further described in Section VI.M. If a foreign item is returned to us unpaid or there is some other problem with the foreign item, you are responsible for the item and you may incur a loss. If the Parties fail to agree upon a designated mediator, or if either Party fails to participate in the mediation within the thirty (30) calendar day timeframe stated above, such Party will be deemed to have waived its right to mediate and that Partys only remedy is binding arbitration. 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. If you breach this restriction, you may be subject to a civil lawsuit, prosecution and damages. 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