Text · page 36 of 36
Read the whole document on one page (all 36 pages, each with its own heading)
This document was a scan. Its text was produced by character recognition and may contain errors; check the original for exact wording.
BANKCOF Bank Of Holland HOLLAND 1 bed Ld 12 S. Main Street Acheter tay to bark.” Holland, NY 14080 Phone: 1-716-655-4667 Fax: 1-716-655-6007 Merchant Capture Agreement Merchant Capture Threshold Limit A deposit dollar amount threshold will be put in place due to the credit risk associated with Merchant Capture. This limit will be monitored by the Bank and may be changed at any time. At the time of the signing of this contract, the Company's Maximum Merchant Capture Threshold Limit within a one (1) day period has been set at: g_1,500,000.00 Bank Of Holland Duties and Obligations Bank Of Holland will review and process all transactions received during the hours established by the Bank for accepting items deposited through the Merchant Capture Service, except when prevented from doing so due to equipment or electrical failures or any other condition beyond the reasonable control of the Bank. If the Merchant Capture Service Is not functioning, you wilt need to make your deposit at one of our branches. Bank of Holland will respond to client e-mail regarding status of submitted Merchant Capture and credit your account the same business day. Items deposited after 5:00 P.M. EST. will be processed on the next business day. The Funds Availability Schedule set forth in the Funds Availability Policy Disclosure will apply to all deposits made using the Merchant Capture Service. Merchant Capture Service Scanner Bank of Holland has provided you with a Scanner to convert original checks into electronic images for transmission and deposit into your account. The Bank did not manufacture the scanner. The Bank owns the scanner, The Bank has provided the scanner to you on a "WHERE IS, AS |S” basis, without any warranties, either expressed or implied. The Bank will service the scanner or provide a replacement scanner in the event that the scanner should stop operating properly. The scanner remains property of Bank of Holland. Warranties; Disclaimer of Warranties The Merchant Capture service is provided on an “as is” and “as available” basis. The Bank makes no warranties and expressly disclaims all warranties, express or implied, regarding the Merchant Capture service, including the warranty of title and the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the generality of the foregoing, the Bank disclaims any warranties regarding the operation, performance or functionality of the Merchant Capture service (including, without limitation, that it will operate without interruption or be error free). There are certain security, information corruption, transmission error, and access availability risks associated with using open networks such as the Internet and/or telecommmunication lines or circuits. You hereby assume all such risks associated with use of the Merchant Capture service. Limitation of Liability The total liability of the Bank in connection with any deposit error arising from your use of the Merchant Capture Service shall be limited to a correction of any error arising from the negligence of the Bank. The Bank’s maximum potential liability shall, in any event, be limited to direct damages sustained by you as a direct result of the Bank's gross. negligence or willful misconduct. The maximum aggregate liability of the Bank resulting from any such claim shall not exceed the total fees paid by you for the Merchant Capture service in the six-month period Preceding the date of the claim. In no event shall the Bank be liable for special, incidental, punitive or consequential loss or damage of any kind, including lost profits. Term and Termination The term of this agreement shall begin when you sign the Merchant Capture application and shall continue for so long as you continue until you notify Bank of Holland otherwise. The Bank may, at any time, terminate your use of Merchant Capture Service. Credit Report The undersigned hereby authorizes Bank of Holland to verify credit and employment history and/or have a credit-reporting agency Prepare a credit report on the undersigned individuals Amending This Agreement The Bank may change, amend, or otherwise revise this agreement at any time, You agree to be bound by the current version of this Agreement. If this Agreement is revised, the Bank will notify you. Bank of Holland Town of Aurora Financial Institution Company By: Lf By: Name: Aimothy W. Dickey / Michelle L. Maloney Name: Charles D. Snyder Title: President / Senior Loan Officer Title: Supervisor Date: 02/01/2026 Date: 02/01/2026 Page 2 of 3 rev 01-2018