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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 />which we are requested to return under these Services and which you do not reasonably <br />establish as Fraudulent checks. <br /> <br />We will use reasonable efforts under the circumstances to respond promptly to proper <br />requests For copies of exception items if image items are unavailable, but you <br />acknowledge that our failure to provide copies does not extend the deadlines by which <br />you must notiFy us oFyour pay/no-pay decisions. <br /> <br />RECLEAR <br /> <br />Our Reclear Service resubmits a check or other payment instrument to the financial <br />institution on which it was drawn iFthe check or payment instrument has been returned <br />to us unpaid with the notation "refer to maker", "nonsufficient Funds" or "uncollected <br />funds". Generally, we will not notify you that such an item has been returned to us <br />unpaid before we reclear it. IF a recleared item is returned to us a second time, we will <br />charge your account for the total amount of the check or payment instrument. We <br />generally total your returned items each day, debit your account For the total amount and <br />then send the returned checks and payment instructions to you. The items we send to <br />you serve as your notice of the nonpayments. <br /> <br />RE-PRESENTMENT CHECK (RCI<) <br /> <br />Our RCK Services allow you to collect eligible RCK checks that have been returned for <br />insufficient or uncollected Funds, using the ACH Services within the United States of <br />America, as described in the applicable User Documentation. The creation of the RCK <br />Entries on your behalf by us using the ACH Services will be subject to the terms and <br />conditions of the ACH Service section of this Booklet, including but not limited to the <br />Security Procedures requirements described in that section. The capitalized ACH terms <br />appearing in italics below are defined in the NACHA Rules. <br /> <br />YOUR RESPONSIBILITIES <br />You authorize us to create RCK Entries on your behalf as provided in the User <br />Documentation and the NACHA Rules. You are deemed to be the Originator under the <br />NACHA Rules, and on each day you use a Service, you represent and warrant that (i) you <br />have obtained all necessary authorizations from the Receiver prior to the initiation of <br />any corresponding ACH Entry for a RCK and (ij) you accept as Originator all liability <br />corresponding to the representations and warranties we as OOFf make under the NACHA <br />Rules regarding RCK. <br /> <br />You shall pay us for the amount of any returned debit Entries (including rejected debit <br />Entries) or any adjustment Entries accepted by us and which we have previously credited <br />to your account. Such amounts shall be immediately due and payable by you to us. <br />Returned debit Entries appear on your reports to the extent agreed by you and us, and <br />you agree that we do not need to send a separate notice of debit Entries which are <br />returned unpaid. <br /> <br />---, <br /> <br />, <br /> <br />, <br /> <br />..' <br />
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