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Res 2006-035
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Res 2006-035
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Last modified
8/2/2006 10:34:15 AM
Creation date
8/2/2006 10:18:33 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2006-35
Date
2/21/2006
Volume Book
166
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<br />-I <br /> <br />Where a preauthorized debit Entry from a consumer's account varies in amount from the <br />previous debit Entry, you will comply with the notice requirements set forth in the NACHA <br />Rules, the Electronic Funds Transfer Act and Regulation E of the Board of Governors of the <br />Federal Reserve System, as applicable. <br /> <br />AUTHO~IZED PERSONS <br />Before using an ACH Service, you give us a written list, in a form acceptable to us, of the <br />persons authorized by you to verify the authenticity of Entries and Reversal/Deletion <br />Requests in accordance with the Security Procedure and to perform certain other duties <br />in connection with such Service. <br /> <br />SECURITY PROCEDURE <br />You agree to use the Security Procedure, if any, when you deliver Entries or <br />Reversal/Deletion Requests to us. The purpose of the Security Procedure is to verify the <br />authenticity of Entries and Reversal/Deletion Requests delivered to us in your name and <br />not to detect any errors in the transmission or content of Entries. Each time you use a <br />Service, you represent and warrant that, in view of your requirements, the Security <br />Procedure is a satisfactory method of verifying the authenticity of Entries and <br />Reversal/Deletion Requests. You agree we may act on any Entries or Reversal/Deletion <br />Requests after we have verified its authenticity through use of the Security Procedure. <br /> <br />-- <br /> <br />WARRANTIES <br />Each time you use an ACH Service, (i) you warrant that you have obtained appropriate <br />authorization from each Receiver and that Entries conform to such authorization and <br />comply with the NACHA Rules, and (ij) you make the same warranties to us as we make <br />under Section 2.2 (or any successor section) of the NACHA Rules. <br /> <br />PAYMENT WITH RESPECT TO ENTRIES <br />We generally debit your account on the settlement date for credit Entries (including debit <br />Reversals), unless you are prefunding your Entries. Prefunding means that you are <br />required to pay for all credit Entries before the settlement date as we may specify. We <br />may, at our discretion, without prior notice to you, require prefunding before we process <br />your credit Entries. We are not obligated to process any credit Entries, even if we have <br />done so in the past, without having first been paid by you, but, if we do, the amount is <br />immediately due and payable without notice or demand. <br /> <br />You will pay us for the amount of any returned debit Entries (including rejected debit <br />Entries), any adjustment Entries or any returned DTCs, which we have previously credited <br />to your account. Such amounts shall be immediately due and payable. You agree that we <br />do not need to send a separate notice of debit Entries or DTCs which have been returned <br />unpaid. You may request reports containing information regarding returned debit Entries <br />and DKs. <br /> <br />, <br /> <br />ACTING ON ENTRIES <br />We send Entries to the ACH processor for settlement on the Effective Entry Date shown <br />on the Entries, if we receive the Entries by the applicable processing deadlines specified <br />in the User Documentation for the ACH Service being used. We may treat Entries that we <br />receive for processing after a deadline as if received on the next Business Day. Entries <br />
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