For the purposes of this Agreement, „Protected and Confidential Information” means all agreements, documents, data, records and other information relating to the Services, including the terms of this Agreement, fees for the Services, user manuals, software and software licenses relating to the Services, user identification, passwords, codes, keys, security features, policies and procedures, embedded algorithms and others. similar devices and information relating to the Services. Protected and Confidential Information does not include information relating to the Services that is generally available and known to the public, and its availability was not the result of unlawful or inappropriate disclosure by Customer. The Mobile Deposit Service is a mobile banking service that allows you to use the bank`s mobile applications and a mobile device that meets the technical specifications approved by the bank to create electronic checks and items created electronically from certain „paper items” and to transfer these electronic checks, electronically created items and other information, including, but not limited to, information collected by the Magnetic Ink Character Recognition (MICR) line. to us for review and processing in accordance with this Agreement and your other agreements with the Bank. As used in this section, „paper item” means an „item” that is in paper form, and „item” includes a cheque, replacement cheque, presumed replacement cheque, draft, claim draft, pre-authorized draft, image set document, money order, bank cheque or traveller`s cheque. This Online Business Banking and Cash Management Framework (this „Agreement”) is entered into by and between Central Bank & Trust („Bank”, „we”, „us” or „our”) and „Customer” or „you”. The bank and the customer are sometimes collectively referred to as „parties”. By signing this Agreement or using the Services (as defined below), Customer agrees to be bound by the terms of this Agreement and any separate agreement (as defined below), as well as any additions or modifications thereto. Customer also agrees that the deposit accounts to which the Services apply shall be governed by the Agreement entitled „Enterprise Deposit Account Agreement” (the „Account Terms”). Except as otherwise provided herein, the terms of this Agreement shall prevail unless the Account Terms, a separate agreement to which the Bank is a party, or any other agreement to which the Bank is a party, unless the Account Terms, a separate agreement to which the Bank is a party, or any other agreement to which the Bank is a party. provides that its terms shall prevail over the terms of this Agreement. H.
THIRD PARTY NETWORKS: The Bank`s ability to provide certain services depends on its ability to access or provide third-party networks. In the event that a third-party network is not available or the Bank determines, in its sole discretion, that it cannot provide additional access to a third party`s network, the Bank may discontinue the associated service or provide the service on another third-party network. In such circumstances, the Bank declines all responsibility for the unavailability of access. Under no circumstances is the Bank responsible for the services or equipment that the Client receives from third parties. J.DISPUTE RESOLUTION: In the event of a disagreement under this Agreement or if claims or conflicting notices are made to the Bank in connection with this Agreement or any account subject to this Agreement, the Bank may, in its sole discretion, refuse to satisfy any claim or demand against it or refuse to take any further action regarding the subject matter of the dispute. as long as this dispute continues; and in such a case, the Bank is not liable to anyone for its failure or refusal to act, and the Bank has the right to continue to refrain from doing so until: (i) the rights of all parties have been fully and definitively decided; or (ii) all disputes must have been settled by mutual agreement between all interested persons and all doubts must have been dispelled. The Bank`s rights under this paragraph are cumulative to all other rights to which it is entitled by law or otherwise. The Client and the Bank agree that any claim, dispute or controversy raised either by the Client or the Bank against the other or against the employees, parent companies, subsidiaries, affiliates, beneficiaries, heirs, agents or assigns of the other arising out of or in any way in connection with this Agreement, the Services or the relationship between the Bank established by this Agreement and the Customers or concerning them. Whether the investigation is in contract, tort or otherwise, will be dealt with in accordance with the dispute resolution provision contained in the „Electronic Money Transfers of Your Rights and Obligations” disclosure provided to you. In addition to and without waiving the foregoing, the Customer acknowledges that any breach of the Customer`s obligation with respect to the security and use of the Online Business Banking System and the Online Business Banking Systems and Services may cause irreparable damage to the Bank and/or its licensors and/or third parties, and the Client agrees that the Bank has the right to: assert and obtain a temporary and permanent right to an injunction before a competent court.
without the need to prove actual damages or file a deposit to prevent such a breach. I. Once the ACH Block Authorization section of the related separate agreement and the execution of that separate agreement (the „ACH Block Authorization”), Customer authorizes the Bank to place an ACH credit or debit lock on the accounts listed in the ACH Block Authorization (the „Block Accounts”) with immediate effect. Customer understands and agrees that the ACH lock placed by the Bank on blocked accounts prevents ALL ACH debits from being accounted for on or from blocked accounts, unless provided for in the blocking exceptions specified in the ACH blocking authorization. Any ACH entry that attempts to post to or from blocked accounts will be returned to the sender by the bank as unauthorized. The Client agrees that the Bank`s obligations under this Section X.A do not commence until the Bank has had a reasonable opportunity to implement the ACH Block provided for in this Section X.A and the related Separate Agreement, which in no event shall exceed [two] business days after the Bank`s acceptance of the ACH Block Authorization (as indicated by the execution of the Block Authorization). ACH). The ACH blocking authorization will remain in effect until the Bank receives written notice from the Customer requesting it to remove or modify the ACH credit or debit block, and the Bank has had a reasonable opportunity to respond to such written notice. Once the Bank has received such notice, the services provided for in this Section X.A and the related separate agreement will terminate with immediate effect; provided, however, that, notwithstanding the foregoing, the provisions set forth in Section X.A.iv will survive such termination indefinitely. A. MODIFICATION/SUPPLEMENT: From time to time, the Bank may modify or supplement the terms and conditions contained in this Agreement, including, but not limited to, portions of the Exhibits, Schedules or Appendices thereto or to them. Such changes or additions will take effect upon receipt of the notice by the Client or on any other date specified in the Bank`s notice to the Client.
Notwithstanding anything to the contrary, the Bank reserves the right to increase or decrease the service fees at any time without notice to the Customer, unless required by law. The Bank may further modify or supplement the terms, conditions or operating procedures under this Agreement without notice to the Client, including the Terms of Use contained herein, if, in the Bank`s sole discretion, an immediate change is necessary to: (i) comply with applicable law or a supervisory authority having jurisdiction over the Bank; or (ii) maintain or restore the security of the Relevant Customer Accounts or electronic services; provided that this Bank informs the Client of the modification of the Conditions as soon as possible, whether physically or electronically. The continued use or receipt of the Services by the Customer must demonstrate its agreement with these modified or supplemented conditions. .