Charisse Castagnoli, an associate professor of law at John Marshall Law School, said that banks have a fiduciary duty to their clients to fulfill their wishes in good faith and, as such, they tend to be very nervous legally when it comes to conflicting with another bank, cancelling payment instructions from one of their own customers. The ”no-fault” agreement is usually requested by the bank that received a fraudulent transfer, Castagnoli said, and asks the bank that responds to assume any responsibility for any costs that could be incurred later by the applicant bank if the account holder who received the fraudulent transfer decides to challenge the cancellation of the payment. This mobile cheque deposit agreement (”agreement”) is a contract that governs your ability to use the remote mobile check deposit service made available to you by the client bank (the ”Service”). As used in this agreement, the terms ”bank,” ”we,” ”we” and ”our” refer to the client bank. The ”you” or ”you” terms relate to the holder (s) authorized by the bank to use the Service, anyone authorized to sign on the account account of the account holder of the account holder and any other person who uses the service with the authorization of the account holder or holders. By using the Service, you accept and confirm that you have read and understood the terms of this Agreement. The People Pay service allows you to send money electronically to other people via their email address, mobile phone number or directly to their account with the client bank or other U.S. financial institutions. In this agreement, the money transfer service and the paid service are called ”service” individually and collectively. The terms ”bank,” ”we,” ”we” and ”our” refer to the client bank. The terms ”you” or ”you” refer to the account holder authorized by the bank to use the service and to all those who use the service with the account holder`s permission. By using the Service, you accept and confirm that you have read and understood the terms of this Agreement. The number of transfers from a savings account is limited, as indicated in your respective bank account contract and account information that is included in this reference agreement.
With respect to the transfer of funds from an account on which we have withheld all or part of the account balance or for which some or all of the balance is not otherwise available for payment, you cannot transfer the portion of the money held or otherwise unavailable until the holding area expires and the money is available for payment. By agreeing to the terms of this Agreement, you also agree that we may, at our choice, provide you with or provide you with communications and disclosures in electronic form. You agree that, when using the online bank, we may provide you with account and transaction information and some other information electronically. Making these disclosures available to you ”electronically” means sending them by email or posting them online for you on your mobile device in order to read, download and/or print them from our client bank website at: customersbank.com/account_disclosures.php. You have the right to withdraw your consent. Your consent is effective until you revoke it. ”When it comes to wire fraud, banks have to move very quickly, because as soon as the wires arrive at foreign banks outside the United States, the money has generally disappeared,” Castagnoli said. ”The beneficiary or purchaser generally insists on a no-hold agreement because they move the money on behalf of their own account holder, which is a big ”no” if you are an agent.” With the exception of the communications the Bank provides to you regarding online or mobile banking services, this agreement defines the full and unique agreement between you and the bank regarding the use of online and mobile banking.