(ii) Preauthorized Credits If you have arranged to have direct deposits made to your Account at least once every sixty (60) calendar days from the same person or company, you can call us at 1-800-513-7678 to find out whether or not the deposit has been made. Below are definitions of some important terms used throughout this Agreement: A. Substitute Checks and Your Rights We may use funds held in multiple-party Accounts to repay the debts on which any one of you is liable, whether jointly with another or individually. (3) Holds on Other Funds (Check Cashing) Frost is not responsible for, and does not provide, any support or assistance for any third-party hardware, software, or other products or services (including any Digital Wallet or your Supported Digital Wallet Device, as defined in Subsection E below). On your death, ownership of the Account passes as a part of your estate under your will or by intestacy. Check 21 requires that we provide you with the following disclosure entitled Substitute Checks and Your Rights. If you have any questions about this, or anything else relating to Check 21, please give us a call at 1-800-513-7678. (1) day. A foreign item may be returned unpaid much later (sometimes many months later) than checks or other items that are drawn on banks located in the U.S. Systems and Software In that case, your bank account can remain in your name only, but the person you name in your power of . We are required by law to maintain a log of all sales of bank checks or drafts, cashiers checks, money orders, and certain other products purchased in cash. 5 business days after the day of the deposit. If a check is sent or returned as an electronic image or as a Substitute Check, it is still considered a check. Dollars, you must advise us at the time of the transaction. For disputes less than $100,000, a single arbitrator will conduct the arbitration and will use substantive Texas law, the applicable statutes of limitations, statutes of repose, and conditions precedent to suit, and will honor claims of privilege recognized at law. We may confirm the funds you deposit and, after review, may adjust your Account for any errors including any errors on your deposit slip. 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. Are there other reporting requirements involving cash required by federal law? We are pleased to provide you with our Deposit Account Agreement (the Agreement as further defined below), which applies to any personal or business checking, savings, money market or CD account (each either a Personal Account or a Business Account and, collectively, Account(s) as defined below) you may have with Frost Bank. Q. With second-party checking services, a percentage of the amount redeemed (1-3%) can be deducted to complete the credit check. Fee: $3 for checks that are worth up to $1,000 and $6 for checks that are worth $1,000 to $5,000. We may, at our sole discretion, determine: (1) the routing method and settlement systems (e.g. Account means each and every deposit account that you have established with us, or that we have opened at your direction, whether a Business Account orPersonal Account. XI. You agree to safeguard your Supported Digital Wallet Device at all times and not leave it unattended. On the death of the last surviving trustee, the ownership of the Account passes to the beneficiary. Because of a lack of real-time balance information when in Stand-In Mode, we encourage you to use caution when conducting transactions that may move your Account balance into a negative or overdrawn status, which may cause you to incur an associated Overdraft fee. If you do not want us to pay a post-dated check, you must place a stop payment order on it (see Sections VI.H. The arbitration will be administered either by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules or Consumer Arbitration Rules, as applicable, and the Texas Arbitration Act, or by a like organization selected by the Bank in accordance with such organizations rules for resolution of commercial or consumer disputes, as applicable, and the Texas Arbitration Act. (iii) Agency Account An Agency Account is an Account to which funds may be deposited and withdrawn by an agent designated by the owner of the Account. You agree that our retention of checks does not alter or waive your responsibility to examine your Account statements or change the time limits for notifying us of any errors. (v) Fiduciary Accounts With respect to all fiduciary Accounts, including, but not limited to, estate Accounts, guardianship Accounts, and conservatorship Accounts, and any formal trust Account, Texas Uniform Transfers to Minors Act Account, or Agency Account, at any time we may require such documents and authorizations as we may deem necessary or appropriate to satisfy us that the person(s) requesting or directing the withdrawal of funds held in the Account have the authority to withdraw such funds. 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. We may require a separate form for each agent and for each Account for which you want to grant a Power of Attorney. For fixed rate Accounts, we will use the rate in effect for your deposit. K. Changes to Digital Wallet Service Terms The legal obligation of a bank is to cash a check that has been sent out within six months; beyond that, there is no reason for the bank to do so. You authorize us to deduct any such loss, costs, or expenses from your Account without prior notice to you or to bill you separately, in our sole discretion. G. Check or check means any written order to pay a specific amount of money drawn on, payable through or at, or processed by, a bank or other depository institution. (3) Notice Requirements Lost, Destroyed or Stolen Cashiers Checks, Tellers Checks or Certified Checks. 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. We may (but are not required to) refuse to accept a check or other item for deposit to your Account if: 1) the check or other item is made payable to someone other than you or a joint Account Holder with you; and 2) the check or other item is not endorsed to you or a joint Account Holder with you. The third arbitrator shall be selected by mutual agreement of the parties. Frost likewise is not responsible for any information or other services provided to you by your Digital Wallet provider or any other third parties associated with any Digital Wallet. H. Stop Payment Orders for Checks 2% of the check . (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. (2) Multiple-Party Accounts Our rights and liabilities for payment of any sums on deposit in these types of Account shall be governed by the Texas Estates Code, as amended from time to time. From time to time, we may offer or you may open various types of deposit Accounts. Lily Collins reveals she'd 'love to have a family' with husband Charlie McDowell and says Emily In Paris has made her take more risks in life as she channels Audrey Hepburn in stunning shoot Should you desire to utilize Digital Deposits (Banks remote deposit capture services), you must request such services from Bank either in person, via telephone or via the applicable Internet banking services (e.g. For New Accounts, we may take up to twenty (20) Business Days to credit your Account for the amount you think is in error. If your bank is closed, won't cash the check, or won't give you more than $200 in cashor you don't have a bank accountyou can try to get cash at a retailer. The Bank is required to examine and record at least one (1) form of identification. Notice may be made by mail or verbally or provided by other means such as via Online Banking or text alerts as permitted by law or updated balance information. If any person notifies us of a dispute, we do not have to decide if the dispute has merit before we take further action. The license is limited to use on any Supported Digital Wallet Device that you own or control and as permitted by any applicable third-party agreements. (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. You are granted a non-exclusive, non-sublicensable, non-transferable, personal, limited license to install and use the Mobile Card and the Digital Wallet Service on your Supported Digital Wallet Device solely in accordance with these Digital Wallet Service terms and this Agreement. (vi) Notices All notices from us will be effective when we have mailed them or delivered them to your last known address in our records. However, you agree that you will not use Digital Deposits to submit any of the following: Checks or items payable to any person or entity other than you/your company. We will not be liable to you for refusing a deposit, even if it causes outstanding items to be returned. The trust Account does not become part of your estate and does not pass under your will or by intestacy, unless you were to survive all of the beneficiaries and all other trustees. sender) and receiver (i.e. I. DIGITAL WALLET SERVICE Your use of the Account after the effective date of the amendment is your consent to the amendment. Sufficient Copy means: (1) A sufficient copy is a copy of an Original Check that accurately represents all of the information on the front and back of the Original Check as of the time the Original Check was Truncated or is otherwise sufficient to determine whether or not a claim is valid. We may refuse to accept any check other than: (i) standard checks provided by us or approved by us in advance; or (ii) Substitute Checks conforming to Check 21 Regulations standards that were created from images of original standard checks provided by us. If your Account is overdrawn when closed, you agree to pay immediately all amounts you owe to us. The term Agreement includes this document, the Account signature card and all signature card addenda (Signature Card), Truth in Savings disclosures and other Schedules, and any other agreement, as amended from time to time, that is applicable to the specific type of Account you open that we provide to you, including, but not limited to: the Frost Online Banking Agreement and Disclosure (which includes optional Mobile Banking Services); the Treasury Management Services Agreement; the Personal and Health Savings Account Debit Card Agreement and Disclosure (or other similar agreement); the Business Debit Card Agreement and Disclosure (or other similar agreement); and the Electronic Funds Transfer Agreement and Disclosure. Yes, you can deposit checks at an ATM, and the process for depositing checks follows the same steps as the process for depositing cash. Walmart also has reasonable fees at $4 for a check under $1,000 and $8 for anything over that limit. It is possible that the item will be returned unpaid months or longer after we have made the funds available to you and you have withdrawn them. YOU SHOULD CHECK WITH YOUR DIGITAL WALLET PROVIDER AND YOUR WIRELESS CARRIER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES. Usually, when you deposit a check, you first need to sign the back of it. Frost customers can securely deposit checks with a generous daily lim. 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. Each of you signing the Signature Card for an Account acknowledges receipt of this Agreement, and agrees to the terms set forth in the Agreement, as amended from time to time. You also understand that supervisory personnel may randomly monitor customer service telephone conversations to ensure that you receive accurate, courteous and fair treatment. We feel a strong commitment to rigorously safeguard and protect their financial information. Subject to applicable law, we may charge a dormant Account fee on the Account, and the Account will be presumed to be abandoned. E. Assignability You agree that your use of the Digital Deposits after the Bank provides notice of such changes constitutes your acceptance of the new Security Procedures. You authorize us to disclose information to third parties or our affiliates about you, your Account(s), or transfers you make: Where it is necessary for completing transfers; In order to verify the existence and condition of your Account(s) for a third party, such as a credit bureau or merchant; In order to comply with government agency or court orders, or other applicable law; If you give us your written permission; and. Rates effective 02/26/2023. If we believe there is a dispute between joint Account Holders or we receive inconsistent instructions from the Account Holders, we may suspend or close the Account, require a court order to act, and/or require that all joint Account Holders agree in writing to any transaction concerning the Account. Lodefast: Best for Akimbo Card Carriers. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days of our request, we may not credit your Account. Frost reserves the right, for any reason, to discontinue offering or supporting any Mobile Card and/or the Digital Wallet Service. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT FOR ANY REASON. C. Consent to Autodialed and Prerecorded Phone Calls and Text Messages; Consent to Fraud Alert Text S. Notices At no time is the Bank liable for the contents of such transfers. A. Accordingly, any information you provide to your Digital Wallet provider or another third party through the Digital Wallet Service, or that is collected or accessed by your Digital Wallet provider in the course of your use of a Mobile Card or the Digital Wallet Service, is subject to third-party agreements, and is not governed by Frosts Customer Privacy Statement or this Agreement. Federal law requires all banks to obtain certain information on all cash sales of monetary instruments between $3,000 and $10,000. (13) Re-presented Checks You may authorize a merchant to create an electronic withdrawal from your Account for the amount of your check when the original paper check is returned to the merchant for insufficient or uncollected funds. A Party can file a written appeal to the arbitration administrator or request a new arbitration within thirty (30) calendar days of issuance of the award. Data Privacy The account does pay interest, but only on balances higher than $5,000. $30. We will not be liable to you for refusing such a deposit. (2) Multiple-Party Accounts (1) What is a Substitute Check AnytimeCheck: Best for Businesses. Customer will receive provisional credit by Bank for Smart Safe deposits the following Business Day as reported on the daily Smart Safe reports. 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. We may receive the electronic debit to your Account immediately after the business enters the transaction so you may have a reduced right to stop payment and you may incur an Overdraft if you do not have sufficient funds in your Account to cover the amount of the check at the time you write the check or authorize the transaction. B. (3) We will not be liable for any Substitute Check that is altered or any signature that is forged or unauthorized unless you notify us within forty (40) calendar days after we made the statement available to you by mail or made the statement available to you through Online Statement Delivery or pursuant to a Hold Request. We reserve the right to convert or change your Account type at any time when we consider it appropriate or necessary to do so. (1) Provisional Payment Credit we give you with respect to an ACH credit or Wire Transfer entry is provisional until we receive final settlement for such entry through a Federal Reserve Bank. Electronic Fraud Protection. (3) Initial Interest Rate Bank reserves the right to refuse to provide provisional credit for any Smart Safe deposits at its reasonable discretion. You agree to keep your Account information confidential, up to date, and accurate. Your stop payment order will not be effective if we have already certified, paid or otherwise become responsible for the check. (2) Account Changes Each Account Holder or person authorized to sign on the Account is required to notify us in writing if any Account Holder or other person authorized to sign on the Account dies or is declared incompetent by a court. 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). Check Cashing Services at Retail Stores. Depending on the type of check that you deposit, funds may not be available until the second Business Day after the day of your deposit. N. Legal Process includes, but is not limited to, a writ of attachment, execution, garnishment, tax withholding order, levy, restraining order, subpoena, warrant, injunction, government agency request for information or action, search warrant, forfeiture, or other similar order. With over 5,000 locations, close to 90% of the population in the United States lives within 15 miles of a Walmart. Substitute Check means a paper reproduction of an Original Check that: (1) contains an image of the front and back of the Original Check; (2) bears a MICR line that, except as provided under the applicable Standard, contains all the information appearing on the MICR line of the Original Check at the time that the Original Check was issued and any additional information that was encoded on the Original Checks MICR line before an image of the Original Check was captured; (3) conforms in paper stock, dimension, and otherwise with ANS X9.100-140 (unless the Federal Reserve Board by rule or order determines that a different standard applies); and (4) is suitable for automated processing in the same manner as the Original Check. We may charge any such debt against your Account at any time, without regard to the origin of deposits to the Account or beneficial ownership of the funds. A. B. Frost Bank customers must respect Frost Bank employees, other Frost Bank customers, and others in the Premises. Non-resident aliens without a Social Security Number are required to provide an official document issued in their country. A. (2) Smart Safe Services Smart Safe Services allows a Business Account customer to deposit currency into an electronic smart safe/bill counter (the Smart Safe) and receive provisional credit from the Bank the following Business Day. On your death, ownership of the Account passes as part of your estate by will or by intestacy. This can be convenient as you can cash your check when you're doing your regular shopping. The best banks in the U.S. typically offer simple bank accounts with a small minimum opening . Notify Us of Inaccurate Information We Report to Consumer Reporting Agencies (12) Documentation of Transfers By entering into this Agreement, you agree that you are providing your express consent for Frost and any Frost third-party service provider to call you, text message you, or both at any phone number (including any mobile phone number) you provide to Frost or any Frost third-party service provider using auto-dialed phone calls, prerecorded phone calls, or both for any or all of the following reasons: (i) transactional purposes; (ii) informational purposes; (iii) to provide account alerts; (iv) to provide servicing information; (v) fraud prevention purposes; and (vi) any other purposes provided for in this Agreement or in any other applicable Frost agreements, including, but not limited to, Frosts Customer Privacy Statement. Cash your checks quickly and easily at any KeyBank branch or drive-thru. Strong, robust encryption technologies are used for computer-generated customer data and records. On your death, your ownership of the Account passes to the surviving parties. Frost Bank also employs various security and authentication measures to ensure to you that the device you are connected to for Online or Mobile Banking Services is recognized by Frost. Any named trustee may withdraw funds from the Account. (4) Account Ownership/Accurate Information. If your use of a mobile phone, mobile device, tablet, wearable device, or wireless Internet access is not encrypted, then any confidential Account information contained in such wireless or mobile communications can be intercepted without your knowledge or authorization. (5) Foreign Items It does not in any way imply or suggest that the customer is engaging in criminal or suspicious activity. However, if we do not determine that the withdrawal or debit is a represented Item and we return it due to non-sufficient funds or we pay the Item that results in an Overdraft, you will be charged the corresponding fee. 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. However, there are some exceptions to our liability. (9) Multiple Signatures We are not required to monitor or enforce any multiple- signature requirement, even if your Signature Card specifies that multiple signatures are required or you have otherwise instructed us to do so. If a notice of error involves unauthorized use of your card for a transaction processed through the Visa system (for example, use of your personal Debit Card when no PIN is used), we will provide provisional credit within five (5) Business Days after you notify us instead of within the usual ten (10) or twenty (20) Business Days. Regardless of whether the check, which bears or purports to bear the Mark was, in fact, authorized by you. Note that many banks charge a fee for cashing a check if you aren't an account holder there, like the following: Bank of America, Member FDIC: $8 for checks greater than $50. You might not be able to cash a check at any bank, but you can cash one at most banks and credit unions. Wire Transfer shall have the same meaning assigned to that term by Regulation CC. Why are banks required to obtain this information on cash transactions over Online. Unlike cash, which can only be deposited in a branch or at an ATM, checks can often be deposited through a bank or credit union's mobile app. Or, deposit your checks at KeyBank ATMs or in the app with mobile check deposit. If your beneficiary is your spouse who is still alive at the time of your death, then the Account will thereafter be treated as your spouses Health Savings Account, and no tax on the Account balance will be due at your death. In addition to the communications you expressly consent to receive under Section IV.C. (2) What are Your Rights Regarding Substitute Checks From banking and insurance to all your investment needs, Frost is here for you. Any written notice you give to us regarding your Account, including any problem with your Account, is effective when such notice is actually received by us and we have had a reasonable opportunity to act on it. Any request for arbitration must be by written request delivered to the other Party by certified mail. 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