You agree to pay us the Service fees described in the Cash Management Schedule of Fees. We will charge these fees directly to your Accounts with us. If you fail to pay any amount owing to us under this Access Agreement, the amount will bear interest at the rate of 12% per year until paid. We may amend our Service fees from time to time as set forth above.
Bank will process the Entries created therefrom in accordance with its then current processing schedule, provided (i) the information is approved by you and received by Bank no later than the applicable cut-off time on a banking day and (ii) the ACH is open for business on that banking day. If Bank receives approved Entries after the cut-off time, Bank will not be responsible for failure to process the Entries on that day. If any of the requirements of clause (i) or (ii) of this Subsection are not met, Bank will use reasonable efforts to process the Entries and transmit the Entries to the ACH with the next regularly scheduled file create by Bank that is on a banking day on which the ACH is open for business. Except as otherwise herein provided, in the case of an on-us entry, Bank will credit the receiver’s account in the amount of the Entry on the Effective Entry Date.
Bank may, but is not required to, apply the additional security precautions you request not only to the Accounts and Loans of the named Customer but also to the Accounts and Loans of persons and entities treated as affiliates of the named Customer in our online system. It is solely your responsibility to give Bank written notice of instructions to apply security procedures to Accounts and Loans in a manner different than what Bank does in the absence of such instructions.
No matter what method you select for generating your online income, there's one very important thing to understand. Today, across this globe, with its 7+ billion inhabitants, there are two recurring things that people are looking for more of. Either people want more time or they want more money. The truth? Time is far more valuable than money. You can't recreate time. Once it's spent, it's gone forever. Not money.
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9.10.2 Other than (i) nonjudicial foreclosure of security interests in real or personal property, (ii) the appointment of a receiver or (iii) the exercise of other provisional remedies, including the right of setoff (any of which may be initiated pursuant to applicable law), any controversy, dispute or claim (each, a “Claim”) between the parties arising out of or relating to this Access Agreement or any other document, instrument or agreement between Bank and the undersigned, will be resolved by a reference proceeding in California in accordance with the provisions of Section 638 et seq. of the California Code of Civil Procedure (“CCP”), or their successor sections, which shall constitute the exclusive remedy for the resolution of any Claim, including whether the Claim is subject to the reference proceeding. Venue for the reference proceeding will be in the Superior Court or Federal District Court in the County or District as set forth below (the “Court”).
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