Title Page - The School District of Palm Beach County

5. Warranties.
(a)
(b)
(c)
Customer warranty. The Customer warrants and represents to the Bank that: (a) each Transmission contains accurate and
legible images of all of the information on the front and back of the original checks at the time each check was truncated; (b) each
Transmission also contains a record of all applicable micro-line information required for a substitute check and the accurate
amount of the check; (c) each Transmission complies with the technical standards for an electronic item under Regulation J,
Federal Reserve Operating Circulars 3 and 5, and for a substitute check under Federal Regulation CC; (d) no person will receive
a transfer, presentment or return of, or otherwise be charged for, the check (either the original check, or a paper or electronic
representation of the original check) such that the person will be asked to make payment based upon a check it has already paid;
(e) the Customer will not redeposit through this service any transmission representing a check previously deposited and returned
to the Customer; (f) the Customer will employ commercially reasonable security measures and firewalls sufficient to protect the
Transmissions and storage to ensure no unauthorized access to or use of the original checks or duplicate presentment; and (g)
the Customer will only create transmissions for checks that originated as paper checks.
If the Customer is a financial institution or is otherwise transmitting Items payable to third parties, the Customer also represents
and warrants to the Bank that: (1) In connection with each Item deposited through the service, the payee of the Item has
authorized the electronic transmittal of the Item for deposit to Customer’s account; if the Customer is scanning Items from a
location outside of the United States, such authorization covers the cross-border transmittal of the Item; and (2) the Customer has
established an anti-money laundering program in compliance with anti-money laundering laws and regulations applicable to it and
such anti-money laundering program includes policies, procedures and controls designed to detect and prevent money
laundering, including “know your customer” policies and procedures, monitoring of transactions for suspicious activities and
reporting of suspicious activities, which the Customer believes effectively prevents the use of the Customer’s operations,
personnel or facilities for money laundering purposes.
The Bank and its subcontractors make no representations or warranties, whether express, implied or statutory regarding or
relating to any of the technology or service and/or access to or use of the service or technology provided to the Customer
hereunder. The Bank and its subcontractors specifically disclaim any and all implied warranties of merchantability, fitness for a
particular purpose and noninfringement. The Bank and its subcontractors also do not guarantee that the Customer’s access to
the service provided under these terms will be uninterrupted, error free or secure.
6. Third-Party Service Provider. The Customer may choose to use a third-party service provider or service bureau to submit Items or
perform other functions for and on the Customer’s behalf. If the Bank accepts such Items or other instructions from the Customer’s
provider or service bureau, the Customer will be bound by them. The Customer is responsible for all actions taken or not taken by the
Customer’s provider including all costs and expenses incurred by the Customer’s provider.
7. Pricing Schedule/Volume/Termination Penalties. The Bank and the Customer may agree to a pricing schedule incorporated herein
by reference, including the length of time the service will be provided, the charges/fees and the volumes, as may be stated in the
pricing schedule. If the Customer terminates the Service or the service is otherwise terminated without fault of the Bank prior to the
period of time set forth in the pricing schedule, the Customer shall pay the Bank a termination fee equal to twelve (12) times the
average monthly transaction fee for the service for the period of time the service was provided to the Customer. Such termination fee
shall be paid within thirty (30) days’ after the effective termination date.
8. Limitation of Liability. In no event will the Bank’s liability under these terms for any damages of any kind exceed an amount equal to
the fees the Customer paid the Bank for the service during the twelve (12) months preceding the date on which the Customer made the
corresponding claim. If the Customer makes a claim during the first twelve (12) months of the service, the Bank’s liability will be limited
to the average monthly fee the Customer paid during that time multiplied by 12. This limitation of liability is in addition to the terms set
forth in the Account Terms.
9. Indemnification. The Customer agrees to indemnify the Bank for any loss or expense (including attorney’s fees and expenses of
litigation) resulting from: breach of any of the warranties made by the Customer pursuant to these service terms or the Account
Documentation; any claim pertaining to any warranty or indemnity that the Bank makes with respect to an Item under the Check
Clearing for the 21 st Century Act, Federal Reserve Board Regulations CC and J and all other laws, regulations and industry and
clearinghouse rules applicable to Items. These indemnities are in addition to those in the Account Terms and relevant Service Terms.
10. Miscellaneous. The provisions of Sections 3, 5, 7, 8 and 9 shall survive termination of these Service Terms.
J. Check Printing
The Check Printing Service enables the Customer instruct the Bank to issue checks and/or documents on behalf of the Customer.
1. Payment Orders. The Bank will execute each payment order issued by the Customer which is received by the Bank in a manner
described in these Service Terms or as otherwise provided by the Bank (the “Payment Order”). Payment Orders may include printing
of non-payment documents (“Documents”) if agreed to by the Bank based upon these Service Terms.
2. Cancellations. A Payment Order may be cancelled by the Customer if notice of cancellation is received by the Bank in writing from a
person it reasonably believes is authorized to cancel the Payment Order for the Customer (“Cancellation”); provided, however, that a
Cancellation will not be effective unless and until it is received by the Bank so that the Bank has a reasonable time to act upon such
Cancellation and that the related Payment Order has not already been accepted by the Bank or the related check has not already been
issued by the Bank. A Payment Order may not be amended or modified. The Bank has no obligation to adjust or stop payment or
posting of a Payment Order it has accepted.
©2011 JPMorgan Chase & Co. All Rights Reserved. JPMorgan Chase Bank, N.A. Member FDIC.
Eligibility for particular products and services is subject to final determination by J.P. Morgan and/or its affiliates.
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