Bank of America 12/30/2021 (2) - Laserfiche WebLink

BANK OFAMERICA �- 40°' 8. CARDLESS ACCOUNTS;ACCOUNTS NOT IN NAME OF INDIVIDUAL We may, at your request, establish a Cardless Account or establish a Card Account with a designation which is not an actual individual, including, designation of a vehicle identification number, license number, department name or "Authorized Representative" on the Card Account. You may provide the number associated with the Cardless Account to your employees and agents. 9. STATEMENTS 9.1 Issue of statements. We will provide to the Program Administrator,or other person you designate in writing to us,a Billing Statement for centrally or corporate billed accounts which will identify each Transaction posted during the billing cycle and the date of the Transaction. The Billing Statement will also list any applicable fees and charges for a Service. For individually billed Cardholder Accounts, we will provide a copy of the Billing Statement covering the use of the relevant Cardholder Account to the appropriate Cardholder at the address which you or the Cardholder provides to us at no additional cost and we will not provide any Billing Statements for those accounts to the Program Administrator.The Program Administrator will have the ability in the online application tool to review and sort all Cardholder activity. 9.2 Review of statements. Once you receive a Billing Statement,you must review it and notify us by telephone(using the appropriate telephone number set out in the Billing Statement),electronic mail, or other method that may be agreed upon by you and us, of any Transaction appearing on that Billing Statement which you consider may have resulted from any Fraud, including Unauthorized Use. You must give us this notice as soon as practicable but in any event not later than 60 days after you receive the Billing Statement. If you opt to have individual statements sent to individual Cardholders, you must ensure that each relevant Cardholder complies with the provisions of this Section 9.2. Subject to the requirements of any applicable laws, if you do not(or if a relevant Cardholder does not)give us notice in accordance with this Section 9.2,we will not be liable for refunding any amounts relating to that Transaction. 9.3 Electronic disclosures.You agree that we may provide or make available Billing Statements and any other disclosures or information by electronic means, including by way of electronic mail or a Website. 10. PAYMENT OF CARD ACCOUNTS;SET-OFF 10.1 Payment of statement amount. You will pay to us the total amount shown as due on each Billing Statement on or before the Payment Due Date shown on the Billing Statement.Where we have agreed with you in writing to take payments from Cardholders you must ensure that the relevant Cardholder pays on your behalf. If we do not receive payment in full by the specified due date, in addition to our other rights,we may assess a late fee and finance charge as set forth in the schedule of charges currently in effect for you. You have no right to defer any payment due on any Card Account. For the avoidance of doubt,even if we have agreed to take payments from Cardholders, you will remain solely responsible for and we will collect from you for any amount due which is not paid by a Cardholder. 10.2 Service Fees and Charges. You will pay us each of the fees and charges we assess you, including the fees for each Service, as set out in the schedule of charges currently in effect for you,except as we agree otherwise in writing from time to time. 10.3 Electronic management information fees and charges. You will pay us for Software support in excess of that contemplated in Section 16 of this Agreement. The charges for such extra support will be specified by us before such charges are incurred or as otherwise agreed by you and us from time to time in writing. 10.4 Account identification. If you or any Cardholder makes any payment to us in connection with a Card Account,you must,or ensure that they must, at the same time provide us with either the account number or the Card number. We shall not be liable for any delay in crediting any such payment or recording any Transaction, or for failing to do so, where this information is not provided to us in accordance with this Section 10.4. 10.5 Payment method. Unless otherwise agreed by us, payments must be made using an Automated Clearing House("ACH")service. As specified by you,we may initiate ACH debits to any deposit account at any financial institution. If you arrange for direct payment by Cardholders, such an arrangement will not change your responsibilities under the Agreement, including your obligation for payment. 10.6 Set-off. Notwithstanding Section 10.8, you grant us a contractual right of set-off in and to all deposits or credit balances now or subsequently maintained with us or any of our affiliates or Subsidiaries. In addition to any other rights of set-off we may have,we may without consulting you set-off any amount you owe us for any recurring or on-going non-payment under the Agreement against such deposit or credit balance whether or not that deposit or credit balance is matured. In connection with this right,you authorize us to enter into an agreement with our affiliates obtaining their authorization to effect such a set-off. 10.7 Transactions outside normal processing hours. If we receive any payment from you or a Cardholder in respect of any statement amount outside our normal processing hours in any jurisdiction to which that payment relates, that payment shall be deemed to have been received by us on the next Business Day. We will provide you with a list of our normal processing hours upon your request. 10.8 Credit balances not permitted on a Card Account. You are not permitted to have a credit balance on any Card Account. If any such credit balance arises (for example, by a refund), then in addition to our rights of set-off, we may retain the credit balance in or towards prepayment of any amount you owe us in the future under the Agreement, or if the amount of the credit balance is material we may, at our option,pay it to you using any method mutually agreed upon between you and us. You also may request that we refund such credit balances to you. 00-35-6182N5BW 02-28-2020 AK Page 6 of 16 Bank of America — Confidential ©2020 Bank of America Corporation