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This Agreement for Wire Transfer services is made between Embassy National Bank and the customer. (In this Agreement, “we” and “us” refer to Embassy National Bank and “you” refers to the customer.)
You acknowledge that the Wire Transfer feature is an alternate entry system for issuing wire transfer orders between you and Embassy National Bank. Without limiting any other provisions of this Agreement, the following provisions will govern the acceptance and liability for all Wire Transfer requests:
You may direct us to transfer funds under the Program (“Funds Transfer Request”) from any of your checking accounts at Embassy National Bank to any other account with us or to any account at another financial institution located inside or outside the United States, in accordance with the terms and conditions stated in this Agreement. We will accept funds Transfer Requests during our normal business hours. We may change the hours from time to time at our sole discretion.
We will be under no obligation to honor, either in whole or in part, any Funds Transfer Request: (a) which exceeds your collected available balance in your account from which you wish to transfer funds; (b) which is not in accordance with any other written agreements between you and Embassy National Bank; (c) which is not in accordance with the current published Depository Agreement of Embassy National Bank; or (d) which is not in accordance with this Agreement. Notwithstanding the foregoing, we, at our sole discretion and without any obligation to do so, may choose to honor a funds Transfer Request which may be drawn on uncollected funds or which will result in an overdraft in your account with us, and in such instance, you will be liable to us for the amount of such uncollected funds drawn upon or such overdraft plus any additional charges and expenses as provided by the current Depository Agreement and Fee Schedule affecting such account, including reasonable attorney’s fees and costs of collection, if applicable. Our election to honor any such Funds Transfer Request will not affect our right to refuse to honor other Funds Transfer Requests.
We will execute any properly authorized Funds Transfer Requests, if accepted, on the date transmitted under the Program, provided such requests are initiated through the Program before 4:00 p.m. EST, on a business day for us, the Funds Transfer System and the receiving financial institution. “Funds Transfer System” for the purpose of this Agreement will mean the wire transfer network through which a funds Transfer Request will be transmitted to the receiving financial institution. Funds Transfer Requests initiated after 4:00 p.m. EST will be executed on our next business day, the Funds Transfer System and the receiving financial institution. In executing any funds Transfer Request, we may utilize such means of transmission and such Funds Transfer system that we select. We may also, at our sole discretion, select the order in which to execute multiple pending Funds Transfer Requests.
Authorization to Charge Account:
Upon receipt of any funds Transfer Request initiated under the Program, you authorize us to charge your accounts in the amount of the Funds Transfer Request.
If you request, we will endeavor to trace any Funds Transfer Request executed by us on your behalf in order to verify that the beneficiary received the transferred funds. In order to perform the trace, you will provide us with such information that we may request, including the date and reference number of the Funds Transfer Request.
You will provide to us any information we may reasonably request in connection with any Funds Transfer Request and the performance of this Agreement. Failure to provide such information within a reasonable amount of time, after requested by us, will relieve us from any liability or loss which might arise by reason of failure to provide such information.
This Agreement for Automated Clearing House (ACH) services is made between Embassy National Bank and the undersigned customer. (In this Agreement, "we" and "us" refer to Embassy National Bank and "you" refers to the customer.)
RIGHTS AND OBLIGATIONS OF CORPORATE CUSTOMERS
1. Prior to the initiation of the first debit or credit entry by a company to a customer's account(s) with a receiving DFI, the Company will:
D. Issue a prenotification six (6) days prior to live entries for PPD transactions only.
II. The Company has no right to reverse, adjust, stop payment or posting of an entry after it reaches the ACH.
Ill The Company must notify customers ten (10) days prior to any amount change unless predescribed variable limits were authorized.
VI. If, through a mistake, a Company, originating DFI or ACH, initiates a duplicate file or erroneous file, a "reversal" file may be issued within 24 hours of discovery of the error up to five (5) days after settlement date. Each originating DFI initiating a reversal shall indemnify every participating DFI against all claims, demands, loss, liability, or expense, including attorney's fees and costs, resulting directly or indirectly from the debiting or crediting of any entry contained in such file customer's account(s).