(Stop Payment Orders for Checks) and X.B.10 (Stop Payments on ATM, POS or Debit Card Transactions) for more information regarding stop payment orders). Despite the name, these Accounts can be checking Accounts, and not just savings Accounts. However, if we need more time, we may take up to forty-five (45) calendar days to investigate your complaint or question. No Frost Bank customer will interfere with the safe operation of any Premises, and will comply with the instructions of Frost Bank employees, including security personnel. After the Account is closed, we have no obligation to accept deposits or pay any outstanding checks on that Account. (a) Multiple-Party Account without Right of Survivorship If this is the type of Account you have with us, then you own the Account in proportion to your net contributions to the Account. If the third arbitrator is jointly selected by your and the Banks designees or by the AAA or like organization, that third arbitrator shall have these same industry or legal experience or credentials described above. You agree that we may, in our sole discretion, waive any fee, charge, term, or condition set forth in this Agreement at the time the Account is opened or later, on a one-time basis or for any period, without changing the terms of the Agreement or your obligation to be bound by the Agreement, and we need not provide similar waivers in the future or waive our rights to enforce the terms of this Agreement. If you select a convenience Account, you own the Account, but your convenience signer is authorized to conduct Account transactions. This section applies to other deposit Account types: (i) Formal Trust Account A Formal Trust Account is an Account held by you and one (1) or more other persons, each acting as a trustee for the benefit of one (1) or more beneficiaries according to a written trust agreement. M. Right of Setoff You authorize Frost to collect, use and share your information in accordance with the applicable Frost privacy policies, as they may be amended from time to time. Your Available Balance may be positive when a transaction is authorized, but your Current Balance may be negative when the transaction is later presented for payment, which may result in an Overdraft and an Overdraft fee. (Consent to Autodialed and Prerecorded Phone Calls and Text Messages) of this Agreement, you expressly consent to receive phone calls, text messages, push notifications, and emails related to the Digital Wallet Service from Frost and any Frost third-party service provider at any phone number (including any mobile phone number) and email address you have provided to Frost or any Frost third-party service provider. To do this, the bank or check cashing place will usually ask for at least two forms of picture identification. Check Cashing Services at Retail Stores. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT FOR ANY REASON. In addition, if you use wireless Internet access via laptop, personal computer, mobile phone, mobile device, tablet, or wearable device to conduct any online (including mobile) banking activities provided by Frost Bank, please be advised that we strongly encourage you to conduct wireless Internet transactions only over a secured wireless network facility. D. Eligibility (Payable on Death) Designation If you have opened this type of account, then you are the sole owner of the Account. You are required to have an eligible Mobile Device (a Supported Digital Wallet Device) in order to use this service. (2) Longer Delays May Apply In some cases, we will not make all of the funds that you deposit by check available to you on the first Business Day after the day of your deposit. E. Withdrawal Rules 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. 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). We have no duty to visually inspect signatures or other information on a check presented for payment, and other than the signature of the drawer, the identification of the payor bank and payee, the amount (numeric over words if contradictory) and any MICR encoded information, we have no duty nor are we bound to look at any other information on the check and can disregard such information in our sole discretion. You agree that Frost may also collect and use technical data and related information, including, but not limited to, technical information about your Supported Digital Wallet Device, gathered periodically to facilitate the updates to Frosts services. Generally, this section of the Agreement governs your election to use eligible debit or credit cards issued by Frost Bank (each, a Payment Card) when you add, attempt to add, or keep a Payment Card in a digital wallet (Digital Wallet or Wallet) on any mobile device that supports the Wallet (the Digital Wallet Service). (FRAUD AND LOSS PREVENTION; LEGAL PROCESS; LEGAL COMPLIANCE; RESERVATION OF RIGHTS) OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, INTERPLEADER ACTIONS). This Disclaimer of Warranties section shall survive any termination of this Agreement for any reason. You further represent that you do not derive any of your income from entities that are engaged in in the production, manufacturing/refinement, distribution or sale of cannabis or cannabis-derived products that are classified as Schedule I drugs under the federal Controlled Substances Act, either directly or indirectly (including, but not limited to, rental property income). (11) Preauthorized Drafts If you voluntarily give information about your Account (such as our routing number and your Account number) to a party who is seeking to sell you goods or services for payment of such goods and services, even if you do not physically deliver a check to the party, any debit to your Account initiated by the party to whom you gave the information is deemed authorized by you, to the extent allowed by law. F. Termination, VIII. We reserve the right not to send statements on Accounts we consider dormant. I. Instead, the debiting amount, along with the corresponding check number (if available) will appear under the Other Withdrawals/Debits section of your statement. computer hacking, virus attack, or theft or loss of any equipment containing data owned by you), it is your sole responsibility to determine whether you have the obligation, under applicable law, to notify potentially affected individuals whose sensitive PII may have been compromised by the security breach incident. Box 1600, San Antonio, Texas, 78296, Attention: Loan Operations. We also reserve the right to change any other term of this Agreement at our sole discretion, but we will make reasonable attempts to notify you of such changes. Security Procedures may include, but are not limited to, call-back procedures, request for personal identification, password, PIN number, telephone code words, or any other security code, algorithms, encryption or similar security devices. We have written procedures for providing and maintaining security for customer data and records. Q. In the absence of retaining the relevant Original Check, you understand and agree you shall be solely responsible for the cost of any claim brought by the drawer of the check that for resolution would reasonably require access to relevant Original Check and shall indemnify us in accordance with the terms of the Digital Deposits Indemnity as set forth below. THESE DISPUTE RESOLUTION PROVISIONS OF THIS AGREEMENT PROVIDE FOR BINDING ARBITRATION OF ALL DISPUTES THAT CANNOT BE RESOLVED BY NEGOTIATION OR MEDIATION. Governing Law; Dispute Resolution; Arbitration; Statute of Limitations. You agree not to use Wire Transfers or the ACH system to conduct any transaction in violation of federal or state law. SWIFT, the Federal Reserve Wire Network (FedWire) or the Clearing House Interbank Payments System); (2) the settlement currency (unless otherwise instructed by you); (3) intermediary and correspondent banks; and (4) appropriate fee structures in order to facilitate Wire Transfers on your behalf. For Visa transactions, we may impose greater liability, to the extent allowed by law, if we reasonably determine that you were negligent or fraudulent in the handling of your Account or your personal Debit Card. Messages and Email Communications; Consent to Geo-Location Based Fraud Prevention, V. OUR COMMITMENT TO SECURITY You acknowledge that we will not give next day notice to you of receipt of an ACH or Wire Transfer item. If your permanent residence is outside the State of Texas or the U.S., the arbitration proceeding shall be conducted in San Antonio, Texas. (1) Some businesses, including merchants, retailers and billers for services, convert original paper checks that you give them into electronic debits (sometimes referred to as an electronic check) through use of Accounts Receivable Conversion (ARC), Point of Purchase (POP) conversion, or Back Office Conversion (BOC). 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. With regard to any international ACH transactions (IAT) received by you, you understand and acknowledge that these types of ACH transactions will be subject to increased scrutiny by Bank of the originator (i.e. (15) Check Legends (6) Online Banking, Mobile Banking, and Bill Payment Services Account access and limitations on transfers associated with our Online Banking Services (which include optional Mobile Banking Services) are described in our Frost Online Banking Agreement and Disclosure. You agree to reimburse us (and we may charge your Account) for all claims, costs, losses and damages, including attorneys fees, that result from our payment of a withdrawal bearing either a facsimile that resembles or purports to bear your signature or Mark or a facsimile that we believe you authorized. You agree that you will not use any third- party materials associated with the Mobile Card(s) or the Digital Wallet Service in a manner that would infringe or violate the rights of any party, and that Frost is not in any way responsible for any such use by you. We may pay the withdrawal and may charge your Account for it. However, under Article XVI, Section 50(a)(6)(H) of the Texas Constitution, we may not setoff against any of your Accounts for a liability arising from a home equity loan secured by Texas Homestead Property. In addition, you agree that we do not fail to exercise ordinary care in paying an item solely because our procedures do not provide for the sight examination of items with a face amount below an amount determined solely by us from time to time. We have no duty to discover, observe, or comply with stale checks. C. Relationships to Other Frost Agreements You understand, acknowledge and agree that the Bank is not responsible for any loss or damages resulting from any errors or failures of your personal computer, mobile device or data processing systems, including, but not limited to any personal computer or mobile device virus or malware attack (such as a keystroke logging program or similar malware), any attack by a person attempting or actually gaining unauthorized access to the data owned by you, or any Internet- related problems that may be associated with your access and use of our Digital Deposits. L. Our Liability (4) Changes We may, in our sole discretion, terminate your Digital Deposits effective immediately if: (1) there is an occurrence of a material change in your Account activity or other risk analysis criteria as determined by us in our sole and absolute discretion; (2) we at any time determine that you (or your Third Party) does not meet our risk or other qualification requirements; (3) we discover any willful misconduct (including, but not limited to, types of fraudulent activity) on your part or any other party with respect to Electronic Images submitted for deposit by you using our Digital Deposits; (4) you are in default of any terms of this Agreement where such default gives us the right to terminate, immediately or otherwise, or close your Account; (5) you have not used Digital Deposits for a period of time deemed to constitute an inactive service by us (in our sole discretion); or (6) you are in default of any terms of the Agreement or any other agreement with us. This will typically include your driver's . Upon termination of the license, you must cease all use of the Digital Wallet Service and Mobile Card and delete all Mobile Card(s) from the Digital Wallet Service. If you claim the right to receive the dollar amount of a lost, stolen or destroyed cashiers check, tellers check or certified check, your and our rights and obligations with respect to such lost, destroyed or stolen item shall be governed by Article 3 of the UCC as adopted in the Texas Business and Commerce Code including, without limitation, Section 3.312 of the Texas Business and Commerce Code. For example, we may close, revoke privileges or convert your Account to another type of Account if we think another type of Account would better suit the way you use your Account, if you make frequent transactions on a money market deposit or savings Account, if your Account frequently has debits against uncollected funds, if your Account has excessive deposit activity or if you use a Personal Account for anything other than personal, family or household purposes. All 155 branches 1,200 frost atms are located at in San Antonio. You must also inform the payee in writing of your revocation. We may accept any Power of Attorney that we believe was executed by you and may act on instructions we receive under such form. I am a member over 10years. As part of our legal compliance and loss prevention program, if at any time we suspect that your Account may be subject to irregular, unauthorized, fraudulent or illegal or unlawful activities, or when we are presented with or have reasonable grounds to anticipate conflicting instructions regarding your Account or a dispute regarding your Account, we may, in our discretion, place a Hold on some or all of the funds in your Account and in other Accounts you maintain with us, without any liability to you, until such time as we are able to complete our investigation of such suspected activities, conflicting instructions or dispute, or interpleader action with regard to the Account and transactions. Once the funds are available, you can withdraw the funds in cash and we will use the funds to pay Items and transactions drawn on your Account. Schedule refers to any document specifying rates, fees or transaction limits pertaining to the Account in question, including, but not limited to, a Truth in Savings, Time Certificate of Deposit, Confirmation of Time Deposit, or any schedule setting forth Frost fees, limits, or both. (7) Electronic Check Conversion The Schedule also shows how often we will pay you interest, if that interest is compounded, how we will calculate the interest we will pay, the balance on which we will pay interest, and any minimum balance requirements. The resulting fee transaction if debited as an electronic funds transfer from a consumer Account is covered by the Electronic Funds Transfer Act and the Electronic Funds Transfer disclosure contained in this Section X.B. Several check-cashing stores also offer third-party check . Second Business Day after approval. 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. You should read the rest of this Agreement and applicable Schedules for any applicable fees, interests, or other charges associated with your Account. (7) Electronic Check Conversion You may authorize a merchant or other payee to make payment via a one-time electronic funds transfer from your checking Account using information from your check to: (8) Represented Check Transaction You may authorize a merchant or other payee to electronically collect a fee associated with the re-presentment of a check that is returned due to insufficient or unavailable funds. (7) Agents Unless explicitly provided for in a Power of Attorney executed by the principal, an agent cannot appoint another agent, including, but not limited to, a convenience signer. While we may accept non-conforming endorsements, you will be responsible for any loss incurred by us due to the delay in processing or returning the item for payment. The front of a Substitute Check states: This is a legal copy of your check. Related: Best Frost Bank Offers and Promotions. (5) Stale Checks In our sole discretion, if Banks requirements are not met, we reserve the right to deny Vault Deposits to be delivered to the remote cash vault location or deny order servicing for delivery of coin and currency. Accordingly, you agree not to attempt to change any Original Check you write or receive into a Substitute Check unless we, in our discretion, have first entered into a separate written agreement with you to permit you to create Substitute Checks that we will honor when deposited into your Account. (1) Manner of Withdrawal You may withdraw up to $1,000 per card per day at ATM terminals (separate ATM machine withdrawal limits may apply). We may set the rate of both existing and future fees and charges upon the overall costs of providing Account services, and they need not be based upon the direct cost of providing the particular service involved. Each Account you open is subject to these general terms and conditions and any specific terms and conditions relating to that type of Account that may be set forth in any applicable agreement or any Schedule. If you have this type of Account, your convenience signer has no ownership of the Account, and may not pledge or otherwise create a security interest in your Account(s). Deposit and loan products are offered through Frost Bank, Member FDIC . the sender of the ACH debit transaction), but this may stop all ACH items from this sender. (2) Report Lost or Stolen Devices or Payment Cards. The Personal Checking account requires $25 to open and earns interest on balances higher than $5,000. IN ADDITION TO ANY OTHER DISCLAIMERS OF WARRANTIES CONTAINED ELSEWHERE IN THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF ANY MOBILE CARD AND THE DIGITAL WALLET SERVICE IS AT YOUR SOLE RISK. The amount of your refund under this procedure is limited to the amount of your loss or the amount of the Substitute Check, whichever is less. Checks used in these types of transactions will not be returned with your statement. Furthermore, to the extent there is a conflict between the records of the Bank, the Smart Safe Vendor or customer regarding the Smart Safe deposit, the Banks records shall control. H. Stop Payment Orders for Checks You understand and acknowledge that because of the risks involved, we may refuse, in our sole discretion, to provide Digital Deposits to you for any reason in our sole discretion, including if you or the Third Party retained by you does not meet our qualification criteria. (1) Notice of Amendments Governing Law; Dispute Resolution; Arbitration; Statute of Limitations Or, deposit your checks at KeyBank ATMs or in the app with mobile check deposit. Except as otherwise indicated in this Agreement, the arbitrator(s) will have the power to award to a Party any damages or other relief provided for under applicable law. We are not liable to you if these actions cause your Account to be overdrawn and checks or other items are dishonored because of insufficient funds. Your credit card company might issue checks automatically when you open your credit card. Our only responsibility is to exercise reasonable care. Congregating or loitering near the entries, exits or ATM machines of the Premises in a way that causes an inconvenience to others or blocks entry, exit or access is prohibited. D. Beneficial Owner means, as defined in the Title 31 of the Code of Federal Regulations, each individual who, directly or indirectly, holds an ownership interest of twenty five percent or more in a legal entity customer, and any individual who has significant responsibility to control, manage, or direct the legal entity customer. We may confirm the funds you deposit and, after review, may adjust your Account for any errors including any errors on your deposit slip. Generally, if you deposit a check or checks for $200 or less in person to a bank employee, you can access the full amount the next business day. (2) Withdrawal Restrictions and Overdrafts (a) Account Access you may use your PIN or code to: Transfer funds between your checking and savings Accounts; and. D. Account Termination Find the nearest Frost Bank location near you | Branches, ATMs, Banking, and Financial Services in Texas Account Statements A Digital Wallet is a service offered exclusively by your Digital Wallet provider (e.g., Apple, Google, Samsung) using devices deemed eligible by your Digital Wallet provider. Soliciting money or distributing literature on the Premises is not allowed at any time. (Fraud and Loss Prevention; Legal Process; Legal Compliance; Reservation of Rights) of this Agreement, including, but not limited to, an interpleader action. (5) Error Resolution Procedures Lodefast: Best for Akimbo Card Carriers. IMPORTANT INFORMATION ABOUT CASH REPORTING REQUIREMENTS FOR BANKS UNDER THE BANK SECRECY ACT. In receiving checks from you for withdrawal or deposit, we act only as your agent. When you select a Payment Card to use with the Digital Wallet Service, certain Account information for the Payment Card will be transmitted to and stored according to the Digital Wallet and Payment Card network procedures and systems for the Supported Digital Wallet Device to facilitate your participation in the Digital Wallet Service. Upon our request, you will supply us a copy of any trust agreement covering the Account. Possession or consumption of alcohol or illegal drugs is prohibited on the Premises, and smoking, including e-cigarettes and vaporizers, are only allowed on the Premises in specially designated areas. 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