You agree that in the event that you are not able to capture, balance, process, or otherwise transmit a File to Bank for any reason, including but not limited to communications, equipment or software outages, interruptions or failures, you will transport the physical checks and deposits to the closest office of Bank and deposit the original checks with Bank until such time that the outage or other interruption can be identified and resolved. The deposit of original checks at an office of Bank is governed by the terms and conditions contained in the Deposit Agreement and Disclosure and not by the terms of this Remote Deposit Agreement. Notwithstanding the foregoing and to the extent applicable, all of your representations and warranties in this Remote Deposit Agreement apply to the deposit of original checks.
Ohio: SCIL, Inc. dba Speedy Cash, is a registered Ohio Credit Services Organization (CS.900174.000) operating pursuant to the Ohio Credit Services Organization Act. The actual lender is an unaffiliated third party. The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio civil rights commission administers compliance with this law.
The referee will have power to expand or limit the amount and duration of discovery. The referee may set or extend discovery deadlines or cutoffs for good cause, including a party’s failure to provide requested discovery for any reason whatsoever. Unless otherwise ordered based upon good cause shown, no party shall be entitled to “priority” in conducting discovery, depositions may be taken by either party upon 7 days written notice, and all other discovery shall be responded to within 15 days after service. All disputes relating to discovery which cannot be resolved by the parties shall be submitted to the referee whose decision shall be final and binding.
Unless we and you have specifically agreed to another method to satisfy our ACH reserve requirements (such as permanent holds on an Account or Loan), and you have satisfied your obligations under that other agreement, you must prefund all ACH credit entries. The terms “prefund” or “prefunding” mean that we may debit from your Accounts at the time of submission, the aggregate amount necessary to fund and pay for (a) the credit entries you are then originating, (b) all debit, correcting or reversing entries initiated pursuant to this EFT Agreement have been returned to Bank, (c) our associated fees and charges and (d) all other amounts that are then owing under this EFT Agreement. We will hold all prefund monies we receive in an account that we solely own and control until the applicable settlement date. We reserve the right to withhold a percentage of your ACH debit entries (“ACH Collections”) to allow for return Entries made pursuant to the Rules.