1. Overview
This ACH Authorization governs Automated Clearing House ("ACH") transfers initiated through your ITAM business account with PayServices Bank ("Bank"). It supplements your Terms of Service and is in addition to the Electronic Fund Transfer Disclosure applicable to consumer accounts.
By originating, authorizing, or accepting ACH entries through ITAM, you agree to comply with the National Automated Clearing House Association ("NACHA") Operating Rules and Guidelines, the rules of any local ACH, and the rules of any other system through which the entry is made. You agree to be bound by these rules in their then-current form.
3. Provisional payment
Credit we give you for an ACH entry is provisional until we receive final settlement for that entry through a Federal Reserve Bank or otherwise. If we do not receive final settlement, you agree that we are entitled to a refund of the amount credited to you, and the party making payment to you (i.e., the originator of the entry) will not be deemed to have paid you in the amount of the entry.
4. International ACH transactions (IAT)
If your transaction originates from or is destined to a financial agency outside the territorial jurisdiction of the United States, the entry will be classified as an International ACH Transaction (IAT) and may be subject to additional review for compliance with the rules of the U.S. Treasury Office of Foreign Assets Control ("OFAC") and other applicable sanctions and AML regimes. If additional review is required, the IAT entry may be delayed or returned.
5. Notice of receipt
We will not provide you with notice of our receipt of an ACH entry, unless you specifically request it through the ITAM application or in writing. We will continue to notify you of the receipt of payments in the periodic statements and transaction history we provide to you.
6. Prohibited and restricted ACH activity
You may not originate ACH entries in connection with:
- Internet gambling, as restricted under the Unlawful Internet Gambling Enforcement Act of 2006 and Regulation GG;
- Any activity prohibited under our Terms of Service or by applicable law;
- Any business or transaction that we, our banking partners, or our processors prohibit from time to time.
We may, without prior notice, decline, hold, or return any ACH entry that we believe in good faith violates these restrictions or applicable law.
7. Returns and reversals
If an ACH entry you originate is returned for any reason, we will charge your account for the returned amount and any associated fees as set out in the Fee Schedule. You are responsible for managing returns in accordance with the NACHA Rules, including providing notice to your customer of any failed authorization.
You may request a reversal of an ACH entry only in accordance with the NACHA Rules (typically for duplicate entries or wrong-amount entries, within five banking days). We do not guarantee that any requested reversal will be completed.
8. Security and limits
For security and risk-management reasons, we may impose limits on the number, frequency, dollar amount, or type of ACH entries you may originate. These limits are disclosed in the ITAM application and may change from time to time. We may also temporarily reduce or suspend your limits if we suspect fraud, unauthorized activity, or violation of these terms or the NACHA Rules.
You agree to use commercially reasonable security procedures, including strong authentication, role-based access controls, and prompt revocation of credentials for terminated users, to prevent unauthorized ACH entries.
9. Indemnification
You agree to indemnify, defend, and hold harmless PayServices Bank from any claims, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or related to (a) any ACH entry you originate, (b) your breach of this Authorization or the NACHA Rules, (c) the inaccuracy or insufficiency of any authorization you obtained from a third party, or (d) any return, reversal, or chargeback of an ACH entry.
10. Contact us
PayServices Bank
ACH Operations
950 W Bannock Street, Suite 1100
Boise, Idaho 83702-6140
United States
info@payservices.com