Reso 2014-2242 - Laserfiche WebLink

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8. Compliance with Security Procedures. 8.1 If an Entry (or a request for cancellation or amendment of an Entry) received by Bank purports to have been transmitted or authorized by Customer, it will be deemed effective as Customer's Entry (or request). and Customer shall be obligated to pay Bank the amount of such F.ntry (or request) even though the Entry (or request) was not authorized by Customer. provided Bank acted in compliance with the Security Procedures. To the extent that signature comparison is to be used as part ofany applicable Security Procedures. I3ank shall be deemed to have complied with that part of such Security Procedures if it compares the signature accompanying a file of Entries (or request) with the signature of an Authorized Representative of Customer and. on the basis of such comparison, believes the signature to be that of'such Authorized Representative. 8.2 If an Fntry (or a request for cancellation or amendment of an Entry) received by Bank was transmitted or authorized by Customer. Customer shall be obligated to pay the amount of the Entry as provided herein, whether or not Bank complied with the Security Procedures and whether or not that Entry was erroneous in any respect or that error would have been detected if Bank had complied with the Security Procedures. 9. Recording and Use of Communications. Customer and Bank agree that all telephone conversations or data transmissions between them or their agents made in connection with this Appendix may be electronically recorded and retained by either party, by use of any reasonable means. 10. Processing, Transmittal and Settlement of Entries by Bank. 10.1 Bank will process. transmit and settle for credit and debit Entries initiated by Customer as provided in the A; I CIIA Rules as in effect from time to time, and pursuant to this Appendix. Bank will transmit such Entries as an ODFI to the ACI I Operator by the deadline of the ACI I Operator. provided such Entries are received by Bank prior to 8:00 p.m. Eastern Time (FT-) and the ACI I Operator is open for business on such Business Day. Entries received after 8:00 p.m. ET will be deemed received the following Business Day, An Entry must have an E1Tective Entry Date of at least two (2) Business Days but no more than such period of time after the Business Day such Entry is received by Bank as the Services permit. Such Entries may also recur as frequently as quarterly. If the Settlement Date falls on a non - Business Day. final settlement will occur on the next Business Day. Customer may submit a NACHA - formatted file up to the time limit in advance of the EtTcetive Entry Date as the Services permit. Subject to the provisions of Section 768.28 of the Florida Statutes. as applicable and as the same may be amended from time to time. Customer will hold Bank harmless from all charges and liabilities that may be incurred as a result of the delivery of late Entries. 10.2 If the file of Entries is received other than in specified NACHA and Bank format, Customer will be required to provide Bank with a corrected file. If a corrected file of Entries is received later than 8:00 p.m. F'T on the delivery date. subject to the provisions of Section 768.28 of the Florida Statutes, as applicable and as the same may be amended from time to time. Customer will hold Bank harmless from all charges and liabilities that may be incurred as a result of the processing of late Entries. 10.3 For purposes of this Appendix. Entries shall be deemed received by Bank, in the case of electronic file transmission, when the transmission is completed as set forth in Bank's Appendix for Data Transmission Services and /or the Services' Setup Form(s). 10.4 11' any of the requirements of this Section 10 are not met. Bank shall use reasonable efforts to transmit such Entries to the ACH Operator by the next deposit deadline on which the ACH Operator is open for business. I1. On -Us Entries. Except as otherwise provided herein. in the case of an Entry received for credit or debit to an account maintained by Bank (an "On -Us F.ntn %'). Bank will credit or debit the Receiver's account in the amount of such Entry on the Settlement Date, provided the requirements set forth herein are otherwise met. If those requirements are not met. Bank will use reasonable efforts to credit or debit the Receiver's account in the amount of such Entry on the next Banking Day following the date the Entry was received by Bank. Bank will have the right to reject an On -Us Entry as described in Section 12, Returned or Rejected Entries. In the case of an On -Us Entry, Bank will have all rights of an RDFI including. without limitation. the rights set forth in rV,4CM Rules. 12. Returned or Rejected Entries. 12.1 In the event any Entry is returned or rejected by the ACI I Operator or any RDFI or Intermediary Depository Financial Institution for any reason whatsoever. it shall be the responsibility of Customer to remake and resubmit such F.ntry or othernise resolve the returned Entry in accordance with the NA ('11.4 Rules. 12.2 Bank shall remake such Entry in any case where rejection by the AC'll Operator was due to mishandling of such Entry by Bank and sufficient data is available to Bank to permit it to remake such Entry. In all other instances. Bank's responsibility will be to receive rejected or returned Entries from the ACH Operator. perform necessary processing, control and settlement functions, and to forward such Entries to Customer. Except for an Entry retransmitted by Customer in accordance with the requirements of Section 5. Transmittal of Entries by Customer. Bank shall have no obligation to retransmit a returned Entry to the ACH Operator if Bank complied with the terms of this Appendix with respect to the original F,ntrn. 12.3 Bank may reject any Entry which does not comply with the requirements of Section 5, Transmittal of fairies by Customer. or Section 7. Securiry Procedures. Bank