(15) Check Legends You should review any minimum balance requirements on any applicable Schedule(s). (Notice of Amendments). In addition, we are not responsible to take action on, or otherwise to notify you of restrictive language placed on checks or other items, including, but not limited to, terms such as Void after 90 Days, Paid in Full, Two Signatures Required, Void Over $100 or similar statements. Obtain balance information for your checking or savings Account. Furthermore, you are explicitly authorizing us to pay any and all checks presented against your Account which contain any mechanical signature which reasonably resembles the Mark you have adopted: Regardless of whether the Mark is actually that which you have adopted; Regardless of how or by whom the Mark was affixed; and. Messages and Email Communications; Consent to Geo-Location Based Fraud Prevention, V. OUR COMMITMENT TO SECURITY If you make deposit via Digital Deposits on a day that is not a Business Day, we will consider such deposit made on the next Business Day we are open. Texas roots. Debit Card refers to your Personal Debit Card, Health Savings Account Debit Card, or Business Debit Card. O. Frost does not own, operate, or control any Digital Wallet and is not responsible for any service provided to you by your Digital Wallet provider or by any third party engaged by your Digital Wallet provider. You expressly acknowledge and agree: (1) our implementation of your Hold Request means any Account statement received and held by us per your Hold Request is deemed delivered to you as of the date the statement is first made available and delivered to the Statement Call division, regardless of when you physically pick up the statement from us; (2) you are solely responsible for reviewing any Account statement(s) for which you have made a Hold Request; and (3) a Hold Request does not delay, postpone or otherwise affect or modify any provisions of this Agreement regarding your responsibilities and relevant deadlines for notifying us of any Account statement irregularities or potentially unauthorized, erroneous or fraudulent transfers, and any time period for any applicable notice deadline begins running when the statement is first made available to you, which, in the case of any Hold Request, is the date the Statement Call division receives the statement. Disruptive conduct of any nature by a Frost Bank customer will not be tolerated on the Premises, and such conduct will result in ejection of the disruptive Frost Bank customer from such Premises. Those funds will be available at the time funds from the check we cashed would have been available to you if you had deposited the check. All disputes arising from or related to your Account or this Agreement shall be governed by the substantive laws of the State of Texas (without regard to its conflict of laws principles). You agree that you will submit to us for deposit to your Account only Electronic Images that are Sufficient Image Copies of Original Checks for deposit via Digital Deposits. You must contact us within forty (40) calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the Substitute Check in question or the Account statement showing that the Substitute Check was posted to your Account, whichever is later. The termination of this Agreement and closing of an Account will not release you from any fees or other obligations incurred prior to the date upon which this Agreement is terminated and the Account closed, any fees assessed by us in the process of closing an Account, or from your responsibility to maintain sufficient funds in your Accounts to cover any outstanding checks or other debit items. * Locate 1,700+ Frost ATMs and 150+ financial centers. Mobile Devices which have been unlocked in an unauthorized fashion (jail-broken) or otherwise modified are not eligible to use the Digital Wallet Service. 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. The purpose of the Bank Secrecy Act and other anti-money laundering laws is to help the U.S. Department of Treasury and law enforcement in their fight against criminal offenses, including money laundering and terrorist financing. 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. Just open up the app. (i) ATM and Debit Card Fees For information regarding our fees applicable to the use of your card, see our current Schedule. With these, you can usually cash checks at any of the bank's branch locations or ATMs. A. We have written procedures for providing and maintaining security for customer data and records. (2) A copy of an Original Check means any paper reproduction of an Original Check, including a paper printout of an electronic image of the Original Check, a photocopy of the Original Check, or a Substitute Check. A. You deposit checks totaling more than $5,525 on any one day. In this Agreement, each and all of the depositors may be referred to as "you," "your," "Account Holder" or "customer.". Bank shall not be liable to customer as an insurer of such property. 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. FROST RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU. You agree to indemnify and hold us harmless from and against any and all loss, costs, damage, liability, or exposure, including reasonable attorneys fees, we may suffer or incur arising out of any action or claim by any beneficiary or other custodian with respect to the authority or actions taken by you in handling or dealing with the Account. If you hold an open account of any type with a bank, they will cash a valid check for you. You understand that even if you have asked for your original paper checks to be returned to you with your statement, those paper checks may not all be your Original Checks. You may close your Account by notifying us at any time, except that we may require you to give us seven (7) days advance notice when you intend to close your savings or interest bearing checking Account by withdrawing funds. Statements (and any accompanying items) shall be deemed made available to you by mail on the third (3rd) Business Day after the date when we mailed the statement to your statement mailing address, and statements shall be deemed made available to you through Online Statement Delivery (if applicable) on the date when the statement is posted in Online Banking. (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. If you choose to designate a beneficiary, you must complete a beneficiary designation form at the time you open this Account. can you cash a butterball check at the bank. (2) Withdrawal Restrictions and Overdrafts We process Items received by us for settlement each Business Day to determine your Current Balance in the manner described in this section. A. Can I avoid having this form filed if I break up the transaction into smaller amounts? Should a drawee financial institution return an item to us unpaid, we will charge your respective Account for such returned item and may either: (1) return the item to you; or (2) re-present it to the drawee financial institution before returning it to you. $25. We use the daily . You are responsible even if the size or color of the Mark is different from that of any signature previously presented to us. The license granted hereunder is effective until terminated by you or Frost. (9) Multiple Signatures We are not required to monitor or enforce any multiple- signature requirement, even if your Signature Card specifies that multiple signatures are required or you have otherwise instructed us to do so. 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. You understand and acknowledge these provisions do not apply to any Business Account. Q. Like cashing a regular check, cashing a money order is a relatively simple procedure. We will not be liable for the dishonor of any Item when the dishonor occurs because we setoff a debt against your Account. In an effort to keep you informed of important regulatory policies and requirements, we have compiled a few frequently asked questions regarding cash transactions. If you encode information on or with respect to an item after issue, you warrant to us, any subsequent collecting bank, and to the payor bank that the information is correctly encoded. If we lose a check, you agree to use reasonable efforts to help us locate or replace the lost check. To complete transactions above a certain dollar amount, merchants may require presentation of a physical companion card or a government-issued form of identification for inspection to authenticate your identity. In addition, federal statute permits us to report information about your Account to credit bureaus, and you hereby consent for us to do so. If your card or code has been revoked due to inactivity or at our discretion. We may refuse items for deposit when an endorsement is missing if the payor has required two or more endorsements. (3) Funds Availability Holds on Other Funds (Check Cashing) If we cash a check for you that is drawn on another bank, we may withhold the availability of a corresponding amount of funds that are already in your Account. You agree that our retention of checks does not alter or waive your responsibility to examine your Account statements or change the time limits for notifying us of any errors. Data Privacy Choose when you want your money, and where you want your money to be deposited. Similar electronic funds transactions made with respect to Business Accounts are governed by the Texas Business and Commerce Code and any applicable federal law, rule, or regulation. 2% of the check . Subject to applicable law, we may exercise our right of setoff that we are entitled to exercise under common law, under this Agreement and under statute (see Texas Finance Code Section 34.307), or security interest to recover amounts you owe us from any and all Accounts you maintain with us or with our affiliates before we pay checks or other items drawn on the Account(s), without notice to you, except that this provision does not apply to any IRA Keogh Plan, certain Trust Accounts (but excluding Totten Trust Accounts), or Health Savings Accounts. 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). A sole proprietorship may open a Single- Party Account and may contain a P.O.D. In order to serve you better, and for quality assurance and other purposes, we reserve the right, but are not obligated to, record any customer service or other telephone calls between you and the Bank, and you consent to any recording. The terms of use for your Payment Card which were provided to you when your Payment Card was issued, and as amended from time to time, remain in full force and effect regardless of whether or not you use the Digital Wallet Service. Disputes in excess of $100,000 where the AAA or like organization cannot serve shall be decided by a panel of three (3) arbitrators selected in the manner and credentialed in the way described above. Such a stop payment request will not apply to any pre-authorized debit card transactions that are already being processed and are pending as of the date of your stop payment instruction, but it will apply to any future recurring pre-authorized debit card transactions. 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. Frost Bank is located in San Antonio, Texas, and that is where your Account was opened and is maintained. (3) We will not be liable for any Substitute Check that is altered or any signature that is forged or unauthorized unless you notify us within forty (40) calendar days after we made the statement available to you by mail or made the statement available to you through Online Statement Delivery or pursuant to a Hold Request. However, you agree that you will not use Digital Deposits to submit any of the following: Checks or items payable to any person or entity other than you/your company. Despite the name, these Accounts can be checking Accounts, and not just savings Accounts. E. Assignability I. You acknowledge that we will not give next day notice to you of receipt of an ACH or Wire Transfer item. In accordance with applicable Texas law, funds in abandoned Accounts will be remitted as unclaimed property to the custody of the Texas State Comptrollers Office (or any subsequently applicable state agency), and we will have no further liability to you for such funds. You authorize us to store and use Signature Card information in any reasonable form we deem necessary, including any digitized signature capture or electronic storage process. Funds will normally be withdrawn from your Account the next Business Day. Customer is to maintain insurance for liability while cash is in the customer premise. Information Regarding Digital Deposits S. Notices (5) Error Resolution Procedures We will not be liable to you for refusing such a deposit. 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. 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. You agree that we may return a postdated check to the presenter. We reserve the right to verify any transaction carried out by a convenience signer with the owner(s) of the Account. You have overdrawn your Account repeatedly in the last six months. $30. (3) Delivery and Receipt of Notices Notices sent or made available to any Account Holder are deemed to be received by all Account Holders. Personal Checking: You can open a Frost checking account with just $25. B. Your Digital Wallet provider, in its sole discretion, determines which Mobile Devices are eligible to be used with the Digital Wallet. ELECTRONIC BANKING SERVICES With regard to your obtaining Digital Deposits services under this Agreement, you must comply with the personal computer, check scanner and mobile device hardware, software, and other requirements, as well as applicable Security Procedures, as set forth in this Agreement and as set forth in any Documentation or any supplemental information and/or instructions provided by the Bank. While we may provide you with an estimate of when the funds will be available, please be advised that the funds are still subject to final settlement. This section pertains to individual Accounts: (i) Single-Party Account without P.O.D. Spell out the value on the "Dollar amount" line, with cents expressed as a fraction (e.g., "Nineteen . If a valid reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. (3) Initial Interest Rate The Initial Interest Rate is the current annual rate of interest that we will pay on the specified balance in your Account. However, you are still liable for all uses of the Mark, regardless of whether you have provided a sample of the Mark to us. Required Disclosures Under Electronic Funds Transfer Act and the Consumer Financial Protection This section pertains to multiple-party Accounts: (i) Joint Account Ownership An Account with two (2) or more Account Holders is a joint (multiple-party) Account. Consequently, even if an Electronic Image captured via scanner or mobile device is initially accepted for image quality, the Frost internal verification process may ultimately reject an Electronic Image as not meeting all of our requirements for Digital Deposits. Checks or items that are Remotely Created Checks (as defined in Regulation CC). Substitute Check means a paper reproduction of an Original Check that: (1) contains an image of the front and back of the Original Check; (2) bears a MICR line that, except as provided under the applicable Standard, contains all the information appearing on the MICR line of the Original Check at the time that the Original Check was issued and any additional information that was encoded on the Original Checks MICR line before an image of the Original Check was captured; (3) conforms in paper stock, dimension, and otherwise with ANS X9.100-140 (unless the Federal Reserve Board by rule or order determines that a different standard applies); and (4) is suitable for automated processing in the same manner as the Original Check. As a KeyBank client, check-cashing services are available anytime, without a check-cashing fee. In addition, funds you deposit by check may be delayed for a longer period under the following circumstances: We believe a check you deposit will not be paid. We may amend the Frost Online Banking Agreement and Disclosure from time to time, as set forth therein, and such amendments may not occur at the same time we amend this Agreement. You can use it the same way you would use the Original Check. You may use a Substitute Check as proof of payment just like the Original Check. We may establish the rate and amount of fees and charges based on profit, competitive position, deterrence of misuse of Account privileges by customers, and the safety and soundness of the Bank. We may pay the withdrawal and may charge your Account for it. on the business day after the day of the deposit, if you deposit the cheque in any other manner (for example, ATM or mobile deposit) if the cheque is for $100 or less, you must receive the entire amount. We may also restrict the types or sizes of transactions we permit an agent to conduct. This Agreement will be binding on your personal representatives, authorized agents, executors, administrators, and successors, and on our successors and assigns. A. Furthermore, if you provide us with an Electronic Image of a Substitute Check for deposit into your Account instead of an Original Check, you agree to reimburse us for all claims, losses, costs and damages we incur because the Substitute Check resulting from the Electronic Image does not meet applicable Substitute Check Standards or causes duplicate payments. Frost and its Third-Party Licensors retain all right, title and interest in and to the software used by Frost to provide the Mobile Card(s), Digital Wallet Service, and any modifications and updates thereto. If your Account has not yet earned enough interest so that the penalty can be deducted from earned interest, or if the interest has already been paid, the difference will be deducted from the principal amount of your Account. Check Cashing Services at Retail Stores. C. Funds Availability Policy Disclosure. Unlike cash, which can only be deposited in a branch or at an ATM, checks can often be deposited through a bank or credit union's mobile app. An uncashed check can be good for a very long time, but it will depend on the type of check and the bank involved. We are required to honor items drawn only on the listed Account name. Only natural persons can own this type of Account, and you must execute a separate Health Savings Account Custodial Account Agreement to establish a Health Savings Account. Visit with a Frost Banker at your nearest Frost financial center. This allows us to contact you when we identify a potentially fraudulent Debit Card transaction. If your Account earns interest, the following information applies: (1) Payment of Interest We will pay interest at the annual rate specified on the applicable Schedule, which does not reflect compounding. 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. (1) Notice of Amendments You agree that from time to time we may amend the terms and conditions of this Agreement, including without limitation all rates, fees, and charges, to the extent permitted by law. IV. The ownership of the community property Account during your lifetime and after your death is determined solely by state law and may be affected by a will. (5) Foreign Items A foreign item is a check or other item in any currency (including U.S. dollars) that is drawn on a bank or branch of a bank located outside of the U.S. You should be cautious about accepting foreign items because foreign items are not subject to U.S. laws or regulations. 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. If you are engaged in any of the activities described above, you must disclose such fact prior to opening your Account with us, we reserve the right to request proof of current certifications or licensing for such activities, and we reserve the right to deny you an Account based on such activity. We reserve the right to change the terms and conditions upon which our services are offered. Deposit at an ATM onto a pre-paid card account or checkless debit card account. Such other bank may instead send us a Substitute Check or, in some cases, an Electronic Image by which we can create a Substitute Check. If you have selected Online Statement Delivery as your statement preference, you will receive a notification when your statement is posted. Checks received by us that are drawn against your master account will be presented for payment against the transaction subaccount. 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. (2) General Information Online. We may send checks to any bank or directly to any non-bank drawee in our customary manner. IMPORTANT INFORMATION ABOUT CASH REPORTING REQUIREMENTS FOR BANKS UNDER THE BANK SECRECY ACT, Frost Bank understands that most cash transactions are legitimate and that our customers are not involved in criminal activities. You agree to hold us harmless for: (1) refusing to honor any check or other item presented to us for payment on a closed Account; (2) refusing to collect any check you have deposited in your Account, to collect any check you have deposited to your closed Account, or to accept any automated deposit or electronic funds transfer to your closed Account; (3) assessing any service charge otherwise applicable against any remaining balance in your Account; and (4) retaining all funds in the Account until we are reasonably satisfied that the time for items to be returned to us has lapsed and that all remaining funds are fully collected. If your Account is overdrawn when closed, you agree to pay immediately all amounts you owe to us. Subject to certain limitations, any Account Holder or Account Holders agent may provide an oral or written stop payment on any check payable from your Account, whether drawn by you or any other Account Holder. (12) Converting Checks To Electronic Debits . (Required Disclosures Under Electronic Funds Transfer Act and the Consumer Financial Protection Bureaus Regulation 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. If you have Overdraft protection with us, you authorize us to make transfers and/or advances to your Account(s) pursuant to the Frost Bank Overdraft Protection Agreement if the balance in your Account is at any time insufficient to support any transfers you authorize. Your Digital Wallet provider, your wireless carrier, and other third-party websites or services integrated in any Digital Wallet have their own third-party agreements and you are subject to those third-party agreements when you give them your personal information, use their services, or visit their respective sites. In addition, you agree to reimburse us for all claims, losses, costs and damages we may incur regarding any Electronic Image, Substitute Checks or IRD deposited by you. Please carefully read this Agreement and other related Account and Frost Bank documents, and save them for future reference. In addition to the information required of you, the Bank must obtain the same information from the person conducting the transaction, except for occupation. IMPORTANT INFORMATION ABOUT CASH REPORTING REQUIREMENTS FOR BANKS UNDER THE BANK SECRECY ACT. Rates effective 02/26/2023. Funds will be transferred from the savings subaccount to cover checks presented against the transaction subaccount as may be needed. You have overdrawn your Account repeatedly in the last six (6) months. How much do bankers at Frost Bank make? You understand and agree that should you implement the Positive Pay services incorrectly or if you fail to follow the required procedures for the Positive Pay services, you will be precluded from asserting any claims against us for paying any unauthorized, altered, counterfeit or other fraudulent item that the Positive Pay Service is designed to detect or deter, and we will not be required to re-credit your account or otherwise have any liability for paying such items. For security reasons, we may require you to close your Account and to open a new Account if: (1) there is a change in authorized signers; (2) there has been a forgery or fraud reported or committed involving your Account; (3) any Account checks are lost or stolen; (4) you have too many transfers from your Account; or (5) any other provision of our Agreement with you is violated. Frost retains historical copies of the Agreement for a period of ten (10) years. Some banks will simply convince you to open accounts to avoid a hefty fee-cashing fee. In addition, Frost also utilizes certain geo-location fraud prevention services. You acknowledge that the purpose of Security Procedures is to authenticate the identity of the person initiating the action, not to detect errors in any transmission or content. N. 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