If you deposit items which bear the endorsement of more than one person or of persons who are not signers on the Account, we may refuse the item or may require you to have their endorsement guaranteed before we accept an item. H. Suspension; Cancellation These provisions generally apply to electronic funds transfers, deposits, cash withdrawals and purchases made with any Frost Bank Debit Card or similar card, PIN, Frost Bank User ID, or other device or code which accesses a consumer Account, and to direct deposits and some types of preauthorized and telephone-initiated transfers involving consumer Accounts (including a transaction you may initiate by check but which a merchant converts into an electronic funds transfer). To be clear, if you want to cash your check and get cold-hard cash in your hand, then you'll need to go to a physical location. (8) Signatures J. consumer/small business internet banking or treasury management internet banking). If one Party fails to appear at mediation, the Party that does not appear is responsible for paying such Partys share, as set forth above, and the mediation fees paid by the other Party. Further, the Account is subject to the right of setoff as further described in Section VI.M. Such electronic debits generated by ARC, POP or BOC conversion are separate and distinct from Substitute Checks discussed previously, and are governed by separate laws rules and regulations for electronic debits. (5) Error Resolution Procedures In case of errors or questions about your electronic funds transfers, either call or write to us using our contact information as listed above. ELECTRONIC BANKING SERVICES You understand that your use of the Digital Wallet Service is subject to the terms and conditions of this Agreement, including this Section VIII. If we refuse a deposit, we may take the check on a collection basis, which means we wont add funds to your Account until we have actually been paid for the check. No such amendment will apply to any dispute with you arising, or arising out of events occurring, prior to such amendment or notice, as to which we receive timely notice. (4) Postdated Items (2) If you authorize the conversion of your check into an electronic debit under one of the situations described above, funds may be withdrawn from your Account sooner than the funds would have been withdrawn had the original paper check been sent to us for payment. Frost Bank recognizes and respects our customers right to privacy and security concerning their financial information. There may be other exceptions, in addition to those listed above, stated in any other of our agreements with you, or as permitted by law. (d) Community Property with Right of Survivorship Texas law allows persons who are married to each other to agree in writing that community property funds in an Account shall become the property of the surviving spouse on the death of either spouse. Camilla has a background in journalism and business communications. (Substitute Checks Deposited By You) of this Agreement) the same as if such Electronic Image or Substitute Check were a paper check within the meaning of the UCC as adopted in the Texas Business and Commerce Code. After the Account is closed, we have no obligation to accept deposits or pay any outstanding checks on that Account. If you are a Business Account customer, you expressly grant permission for Bank to monitor and record calls made by any of your employees regarding your Account(s). THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT FOR ANY REASON. How do I cash a personal check without a bank account? (Cash consists of currency and coin, both domestic and foreign.). On the death of the last surviving Party, the ownership of the Account passes to the P.O.D. No award or relief will be granted by the arbitrator except on behalf of, or against, a named party. Venmo: Best for ATM Access. sender) and receiver (i.e. Frost is not liable for any failure or performance of any Digital Wallet or any third partys products or services. During scheduled system maintenance or unscheduled downtimes, Frost operated ATMs may go into Stand-In Mode.. Governing Law; Dispute Resolution; Arbitration; Statute of Limitations We will not allow you to pledge the Account as collateral for any loan to you. K. Changes to Digital Wallet Service Terms. The arbitrator can award damages or other relief provided for by law to you or Frost, but not to anyone else. Where there is any conflict of law regarding an appeal of any decision of the arbitrator(s), you and the Bank agree that Texas law shall control. In addition, repeated or serious violations of the Frost Bank code of conduct by a Frost Bank customer may result in action against such customer, including, but not limited to, Frost Bank exercising its rights under Section III.D. We will hold all deposits in the Account for the exclusive benefit of the minor. You agree to indemnify and hold us and our correspondent banks harmless against any and all losses, damages, claims, liability, costs, and expenses which we or they may suffer arising directly or indirectly out of the misuse, unlawful or unauthorized use of the Mark, regardless of whether you have been negligent. 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). You're about to open a third-party website in a separate browser window. You also understand and agree that we may terminate your Account immediately if you become engaged in any of the activities described in this paragraph during the course of your relationship with us. Truncate means to remove an Original Check from the forward collection or return process and send to a recipient, in lieu of such Original Check, a Substitute Check or, by agreement, information relating to the Original Check (including data taken from the MICR line of the Original Check or an Electronic Image of the Original Check), whether with or without the subsequent delivery of the Original Check. You further represent that you do not derive any of your income from entities that are engaged in the production, manufacturing/refinement, distribution or sale of industrial hemp or industrial hemp-derived products (such as products containing CBD oil) that are not classified as Schedule I drugs under the federal Controlled Substances Act, either directly or indirectly (including, but not limited to, rental property income). Even though the foreign item is returned unpaid, we may charge you for our collection fees and for fees and charges assessed by the paying bank and any agents involved in the collection or settlement process. If you do not know the amount of the ACH transaction, we may still be able to place the stop payment order based on the company name of the payee (i.e. Once the Account information for a Payment Card has been stored in accordance with the Digital Wallet procedures, it is represented by a Mobile Card within the Digital Wallet function. We may pay any sum in the Account to a Party, including a Partys Power of Attorney or agent, at any time. In addition, you acknowledge that the Electronic Image of the Original Check submitted to us shall be deemed an item within the meaning of Article 4 of the UCC as adopted in the Texas Business and Commerce Code. Q. This is required to use any ATM for any purpose. You agree that we act within commercially reasonable banking industry standards and practices by processing most checks and other items through automated processing systems. During this maintenance window, you may have limited transaction capabilities. (3) How Do You Make a Claim for a Refund 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. The Account statement shall be considered correct for all purposes, and we will not be liable for any payment made and charged to your Account, unless you notify us in writing within certain time limits after the statement is made available to you by mail, sent to you at your statement mailing address, made available to you through Online Statement Delivery (if you are enrolled in Online Banking, your statement is available to you as soon as it is posted, free of charge. First Business Day after day of approval. (5) Stale Checks Such equipment and Processing Software is required to enable you to generate Electronic Images of Original Checks that comply with applicable Standards, as defined below. Wells Fargo currently charges up to $7.50 for a non-customer to cash a check drawn upon their bank without having an account. Under the Check 21 Regulations, any check you write or deposit need no longer be returned for payment by the bank of the person to whom you wrote the check. In addition, the Bank is required to examine and record at least one (1) form of identification. If you want us to consider authorizing these transactions when the amount of your Available Balance is insufficient to cover the transaction at the time of authorization, you must provide affirmative consent, or opt-in, for us to pay one-time debit card transactions that would result in an Overdraft when the transaction is presented for payment and charge you an Overdraft fee, as allowed by applicable law. IV. The mediation shall occur in the county seat of the Texas county of your permanent residence, or if your permanent residence is outside of the state of Texas or the U.S., then in San Antonio, Texas. (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. (1) What is a Substitute Check To make check processing faster, federal law permits banks to replace Original Checks with Substitute Checks. These checks are similar in size to Original Checks with a slightly reduced image of the front and back of the original check. Wait for the teller to verify the funds and stamp your check as certified. If you select a convenience Account, you own the Account, but your convenience signer is authorized to conduct Account transactions. If your account has been compromised, should you decide against closing an Account as required by us, or if you decide not to implement products or services that are designed to deter fraudulent activity after we have required you to implement such products or services, you will be precluded from asserting any claims against us for any fraudulent activity. You must also inform the payee in writing of your revocation. (1) Your Ability to Withdraw Funds Q. (2) Exceptions We may let you withdraw money from your Account before the maturity date without an early withdrawal penalty: 1) when one (1) or more owners on the Account dies or is determined legally incompetent by a court or other administrative body of competent jurisdiction; 2) when the Account is an Individual Retirement Account (IRA) established in accordance with Title 26 U.S.C. M. Right of Setoff We reserve the right not to send statements on Accounts we consider dormant. (ii) Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information. A. (6) Our Right to Refuse Deposits To select a convenience Account, you will need to choose the convenience Account option of the Texas Uniform Single- or Multiple-Party Account Selection Form according to Section 113 of the Texas Estates Code. Easy breezy payments. The account does pay interest, but only on balances higher than $5,000. (1) Notice of Amendments Bank shall not be liable to customer as an insurer of such property. If we decide that there was no error, we will send you a written explanation. Some or all of the checks issued by you for payment, or other checks deposited by you, that you receive from us may be Substitute Checks. (2) What are Your Rights Regarding Substitute Checks In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a Substitute Check is posted to your Account (for example, if you think that we withdrew the wrong amount from your Account or that we withdrew money from your Account more than once for the same check). The third arbitrator shall be selected by mutual agreement of the parties. $0 Monthly Service Charge when you have $250,000 combined average daily balances* of personal deposit and investment accounts you own. Customer should not insert non-U.S. currency into the Smart Safe as non-U.S. currency will not be processed by the Smart Safe Vendor or Bank. This Disclaimer of Warranties section shall survive any termination of this Agreement for any reason. ADDITIONALLY, YOUR SUPPORTED DIGITAL WALLET DEVICES BROWSER IS GENERALLY PRE-CONFIGURED BY YOUR WIRELESS CARRIER. The Bank will replace the Security Procedures in accordance with the Banks standard security requirements related to Digital Deposits. You understand and acknowledge that third parties, such as your Digital Wallet provider, or card network associations such as Visa, will have access to certain details regarding eligible Payment Card transactions made using the Digital Wallet Service. Cashier's checks are good for large purchases, such as a car or house sale, when you likely can't use a debit or credit card, and using cash is risky. You may place a stop payment on certain future recurring pre-authorized debit card transactions by providing us your debit card number, merchant name, and transaction amount. 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. C. Relationships to Other Frost Agreements No assignment will be valid or binding on us, and we will not be considered to have knowledge of it, until we consent and the assignment is noted in our records. You agree that, unless a different period is set forth herein, any claim, action, suit or proceeding against Frost for damages resulting in any respect from its acts or omissions in its performance under this Agreement must be brought within two (2) years from the date of Frosts alleged act or omission. We will not be liable for the lack of care of any bank we use to collect checks, or for checks lost while being shipped. If you submit your deposit within the below timeframes: Up to $225 is available: Remaining funds of deposits are available: Monday-Friday, prior to 6 pm ET. Such license does not allow you to use the Mobile Card(s) on any device that you do not own or control (or for which you do not have authorization to install or run the Digital Wallet Service or the Mobile Card, such as where prohibited by applicable security policies in the case of corporate users), and you may not distribute or make any Mobile Card or the Digital Wallet Service available over a network where it could be used by multiple devices at the same time. can you cash a butterball check at the bank. 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. 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. (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. This provision limits your rights to a jury trial. Any Frost Bank customer or visitor violating the Premises code of conduct may be asked to immediately cease the conduct in violation of the Frost Bank code of conduct or leave the Premises. With over 5,000 locations, close to 90% of the population in the United States lives within 15 miles of a Walmart. The license granted hereunder is effective until terminated by you or Frost. The availability of funds for deposits via Digital Deposits is set forth in the Funds Availability Policy Disclosure section of this Agreement. If there is more than one Account owner, then each of you will be jointly and severally liable to us for debit balances in the Account, including, without limitation, Overdrafts and Account charges, and you each jointly and severally promise to pay, upon demand, any and all debit balances, all fees and charges, and our reasonable attorneys fees and costs and expenses of collection, including, but not limited to, those incurred at trial and on any appeal. Daily Balance means the application of a daily periodic rate to the full amount of principal in the Account each day. (2) Exceptions Either you or Bank may terminate Digital Deposits, with or without cause, upon thirty (30) calendar days written notice to the other of its intent to do so, sent to you at your statement address and sent to us at the address provided herein. We will determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. B. 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. Below are definitions of some important terms used throughout this Agreement: A. IN ADDITION TO LIMITATION OF LIABILITY PROVISIONS CONTAINED ELSEWHERE IN THIS AGREEMENT, AND EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT SHALL FROST, ITS DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR FINANCIAL DAMAGES, LOST REVENUES, OR OTHER LOSSES OF ANY KIND, ARISING OUT OF THESE TERMS OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE ANY MOBILE CARD, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF FROST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (iv) Liability for Failure to Stop Payments If you order us to stop one (1) of these payments three (3) Business Days or more before the transfer is scheduled, and you have given us the information we requested, including the exact amount of the payment, we will be liable if we fail to stop the payment for your losses or damages up to the amount of the payment. (iii) Totten Trust Account If you, either alone or in combination with someone else, are named trustee(s) to this type of Account, then you own the Account in proportion to each of your net contributions to the Account. Section 408 or Title 26 U.S.C. D. Eligibility B. Relationship to Your Digital Wallet Provider Any written notice you give to us regarding your Account statement, or a problem with your Account statement, is effective when it is actually received by us and we have had a reasonable opportunity to act on it. These provisions do NOT apply to: (i) debits which the Bank is authorized to make from your Account(s) for service charges and other fees; (ii) preauthorized automatic transfers you have instructed Bank to make to another of your Account(s); (iii) payment of any loan that you have with us; and (iv) to certain other types of consumer transactions which are excluded from Regulation E. (3) Your Liability for Unauthorized Transfers Tell us AT ONCE if you believe your Frost Bank Debit Card or similar card, or your Frost Bank User ID, PIN or other device or code which accesses your Account has been lost, stolen or otherwise learned or acquired by an unauthorized person, or if you believe that an electronic funds transfer has been made without your permission using information from your check or otherwise. G. Interest-Bearing Checking Accounts Use of our electronic funds transfer services is subject to existing regulations governing your Account and any future changes to those regulations. 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