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<br />Where a preauthorized debit Entry from a consumer's account varies in amount from the <br />Pl'evious debit EntlY, you will comply with the notice requirements set forth in the NACHA <br />Rules, the Electronic Funds Transfer Act and Regulation E of the Board of Governors of the <br />Federal Reserve System, as applicable. <br /> <br />AUTHORIZED PERSONS <br />Before using an ACH Service, you give us a written list, in a form acceptable to us, of the <br />persons authorized by you to verify the authenticity of Entries and ReversaljDeletion <br />Requests in accordance with the Security Procedure and to petform certain other duties in <br />connection with such Service. <br /> <br />SECURITY PROCEDURE <br />You agree to use the Security Procedure, if any, when you deliver Entries or ReversaljDeletion <br />Requests to us. The purpose of the Security Procedure is to verify the authenticity of Entries <br />and Reversal;Deletion Requests delivered to us in your name and not to detect any errors in <br />the transmission or content of Entries. Each time you use a Service, you represent and <br />warrant that, in view of your requirements, the Security Procedure is a satisfactory method of <br />verifying the authenticity of Entries and ReversaljDeletion Requests. You agree we may act on <br />any Entries or Reversal;Deletion Requests after we have verified its authenticity through use <br />of the Security Procedure. <br /> <br />WARRANTIES <br />Each time you use an ACH Service, (0 you warrant that you have obtained appropriate <br />authorization from each Receiver and that Entries conform to such authorization and comply <br />with the NACHA Rules, and (ii) you make the same warranties to us as we make under <br />Section 2.2 (or any successor section) of the NACHA Rules. <br /> <br />PAYMENT WITH RESPEGr TO ENTRIES <br />We generally debit your account on the settlement date for credit Entries (including debit <br />Reversals), unless you are prefunding your Entries. Prefunding means that you are <br />required to pay for all credit Entries before the settlement date as we may specify. We may, at <br />our discretion, without prior notice to you, require prefunding before we process your credit <br />Entries. We are not obligated to process any credit Entries, even if we have done so in the <br />past, without having first been paid by you, but, if we do, the amount is immediately due and <br />payable without notice or demand. <br /> <br />You will pay us for the amount of any returned debit Entties (including rejected debit <br />Entries), any adjustment Entries or any returned DTCs, which we have previously credited to <br />your account. Such amounts shall be immediately due and payable. You agree that we do <br />not need to send a separate notice of debit Entries or DTCs which have been retumed unpaid <br />You may request reports containing information regarding returned debit Entries and DTCs. <br /> <br />AcrING ON ENTRIES <br />We send Entries to the ACH processor for settlement on the Effective Entry Date shown <br />on the Entries, if we receive the Entries by the applicable processing deadlines specified in the <br />User Documentation for the ACH Service being used. We may treat Entries that we receive for <br />processing after a deadline as if received on the next Business Day. Entries will be deemed <br />received by us when we receive the complete fIle at the location specified in the User <br />Documentation. <br /> <br />AD-AG-04S5B (2004-2) <br /> <br />8 <br />