Reso 2014-2242 - Laserfiche WebLink

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5.3 Customer acknowledges the right of a consumer Receiver of an unauthorized debit Entry. as applicable and as described in the .V,4C'HA Rules, to obtain a refund of the funds debited from Receiver's account by such Receiver sending a written notice to Receiver's Depository Financial Institution within fifteen (15) Calendar Days atter the Receiver's Depository Financial Institution sends or makes available to the Receiver information pertaining to that debit Entry. Customer also acknowledges the right of a corporate Receiver of a debit Entry, as applicable and as described in the NACHA Rides. to obtain a refund of the funds debited from such Receiver's account by such Receiver sending a notice to Receiver's Receiving Depository Financial Institution ( "RDFI ") within two (2) Business Days following the Settlement Date of the original Entry. Customer indemnifies Bank against any such claim for a refund by any Receiver. 5.4 In accordance with this Appendix. Customer may use the Services to initiate and transmit credit and debit Entries with certain Standard Entry Class ("SEC ") Codes. Authorized SEC Codes include PPD. pill)+, CCD. CCD+ and CTX. All other SEC Codes may be used with proper designation on the Services' Setup Form(s) and in accordance with additional instructions from and requirements by Bank, as applicable. 6. International ACH Transactions ( "IAT Entries "). 6.1 An IAT Entry is a debit or credit Entry that is part of a payment transaction involving a Financial Agency outside of the territorial borders of the United States, which is processed through the domestic ACH network. pursuant to the NO-11A Rules. including the rules pertaining to International ACT I Transactions. The NACII.4 Rules establish SEC Code "IAT- for all International ACT] Transactions. Customer agrees to be bound by the NACHA Rules and all other applicable OFAC and FinCEN rules and regulations associated with IAT Entries. Customer acknowledges that IAT F,ntrics require additional mandatory information, according to new formatting requirements. in the computer record for such Entries within an ACII batch file. Customer expressly agrees to identify and properly initiate all IAT Entries. 6.2 Customer acknowledges and agrees that the processing, settlement and /or availability of such Entries may be delayed or suspended in the event that Bank determines that enhanced scrutiny or verification of such Entries is necessary under the NACHA Rules and /or applicable U.S. law. Customer acknowledges that Bank shall have no liability for such delay. Customer further acknowledges and agrees that IAT Entries may be subject to laws, regulations and restrictions of U.S. and foreign governments relating to foreign exchange transactions. Before initiating an IAT Entry. Customer agrees to understand and accept the rules and requirements of the national payment system of the receiving foreign country. Customer assumes the risk of rejection of its Entries according to the rules of the national payment system of the of 62 receiving foreign country. Customer expressly acknowledges and agrees that Outbound IAT Entries, once transmitted, are irrevocable and are subject to the national payments system of the receiving foreign country: furthermore, the time frames for return of an Entry are determined by the payment system rules of the foreign country and may exceed the sixty (60) day return window defined by the U J.S. AC11 system and the NACHA Rules. To the extent not otherwise prohibited by law, in connection with IAT Entries, Customer assumes the risk of all fluctuations in foreign exchange rates or availability. Security Procedures. 7.1 Customer and Bank shall comply with the security procedures set forth or incorporated by reference in this Appendix, the Cash Management Master Agreement, the Bank Internet System Appendix, Data 'transmission Services Appendix and /or associated documents provided by Bank, including without limitation the Services' Setup Form(s) (collectively the "Security Procedures'). with respect to Entries transmitted by Customer to Bank. Customer acknowledges and agrees the Security Procedures arc a commercially reasonable method for the purpose of verifying the authenticity of Entries (or any request for cancellation or amendment thereof). Customer further acknowledges that the purpose of the Security Procedures is not to detect an error in the transmission or content of an Entry. No security procedures have been agreed upon between Bank and Customer for the detection of any such error. 7.2 Customer is strictly responsible for establishing and maintaining procedures to safeguard against unauthorized transmissions. Customer warrants to Bank that no individual will be allowed to initiate transfers in the absence of proper supervision and safeguards, and Customer agrees to take reasonable steps to maintain the confidentiality of (tic Security Procedures and any passwords. codes, security devices and related instructions Bank provides in connection with the Security Procedures. If Customer believes or suspects that any such information or instructions have been known or accessed by an unauthorized person. Customer agrees to notify Bank immediately by calling 1- 866- 475 -7262, followed by written confirmation to TD Bank. N.A., Attn: Cash Management Customer Care, 6000 Atrium Way, Mt. Laurel, New Jersey. 08054. The occurrence of unauthorized access will not affect any transfers Bank makes in good truth prior lo, and within a reasonable time period after, its receipt of such notification. 7.3 Bank may. from time to time, propose additional or enhanced security procedures to Customer. Customer understands and agrees that if it declines to use any such enhanced procedures. it will be liable for any losses that would have been prevented by such procedures. Notwithstanding anything else contained in this Appendix. if Bank believes immediate action is required for the security of Bank or Customer funds, Bank may initiate additional security procedures immediately and provide prompt subsequent notice thereof to Customer.