Laserfiche WebLink
TM-1423 ACH Origination Services EDOCS-#3784910 Page 4 of 7 <br />Revised 10-30-2014 <br />off against any amount Bank or an affiliate of Bank owes Company. In addition, Bank may charge the <br />Account or any other Company account at Bank or any affiliate of Bank for any debit, correcting or <br />reversing Entry which is later returned to Bank. <br /> <br />8. Provisional Credit. A credit to Company’s Account for an Entry is provisional until Bank receives final <br />settlement for the Entry. If Bank does not receive final settlement, Bank is entitled to debit Company’s <br />Account or any other accounts Company owns in whole or in part at Bank or any affiliate of Bank for the <br />amount of the Entry. Company will pay any shortfall remaining after such debit to Bank immediately <br />upon demand. <br /> <br />9. Rejected Entries. Bank may reject an Entry or File if Company fails to comply with the terms of this <br />Service Description. Bank will attempt to notify Company promptly so Company may cure the defect <br />but will have no liability to Company for rejecting an Entry or File or any loss resulting from Bank’s <br />failure to provide notice. If Company requests Bank repair an Entry or File and Bank attempts to do so, <br />Bank will not be liable if it is unable to make the requested repair. Company will pay all charges and <br />expenses Bank incurs in connection with any repair or attempted repair. <br /> <br />10. Cancellation, Amendment, Reversal. Company has no right to cancel, amend or reverse an Entry or <br />File after its receipt by Bank. If Company requests Bank cancel, amend or reverse an Entry or File, <br />Bank may, at its sole discretion, attempt to honor such request but will have no liability for its failure to <br />do so. Company will reimburse Bank for any expenses, losses or damages Bank incurs in effecting or <br />attempting to effect Company’s request. <br /> <br />11. Returned Entries. Bank will have no obligation to re-transmit a returned Entry or File to the ACH or <br />gateway operator, or to take any further action with respect to a returned on-us Entry, if Bank complied <br />with the terms of this Service Description with respect to the original Entry or File. Company will <br />reimburse Bank for any returned debit Entries on the same day Company receives notice of such <br />returned Entry. <br /> <br />12. Reconstruction of Entries and Files. Company will retain sufficient records to permit it to reconstruct <br />each Entry and File it delivers to Bank for a period of five (5) Business Days after the applicable <br />settlement date and will submit the reconstructed Entry or File to Bank upon request. <br /> <br />13. Audit. Company grants Bank ongoing access to Company’s Files and the right to audit periodically <br />such Files and Company’s ACH processes and controls so Bank can verify Company’s compliance with <br />this Service Description. <br /> <br />14. Bank’s Internal Risk Parameters. Bank establishes internal risk parameters to identify out-of-pattern <br />or suspect Entries or Files and protect Company and Bank from potential losses. These parameters <br />may include without limitation limits on debit and credit settlements on a single Business Day and/or <br />over multiple consecutive Business Days. Bank may pend or delete an Entry or File exceeding the <br />applicable parameters. In addition, any transaction TYPE (debit or credit) or SEC (standard entry <br />class) as defined in the ACH Rules may, at Bank’s option, be conditioned upon Bank’s prior approval. <br />Upon notice to Company, Bank may discontinue processing a TYPE and/or SEC of transactions Bank <br />has previously processed for Company. <br /> <br />15. International Entries. <br /> <br />15.1. General. This section contains additional terms applicable when the financial institution holding <br />the account designated to receive an Entry is in a jurisdiction (“Receiving Country”) other than <br />the United States (each, an “International Entry”). Bank will process each International Entry in <br />accordance with (a) the laws and payment system rules of the Receiving Country (b) any <br />agreement governing International Entries between Bank and the gateway operator through <br />which Bank processes the International Entry, the terms of which Bank communicates to <br />Company prior to Company’s use of the Service or from time to time thereafter, and (c) the ACH <br />6.1.D. - Page 36