The following Product Terms apply to deposit account services provided by Bank Partner to Client as set forth in the Covered Banking Services section of the Banking Services Agreement (collectively, the “Deposit Account Services”).
These Product Terms are governed by, and incorporated by reference into, the Banking Services Agreement. Capitalized terms not otherwise defined herein are ascribed the same meaning as set forth in the Banking Services Agreement.
1.1 Deposit Account Services. If applicable, Bank Partner will provide Client and End Users with Deposit Account Services as set forth in these Product Terms and the BSA, pursuant to which Bank Partner will open deposit Accounts at Bank Partner on behalf of Client and End Users associated with Client. Bank Partner will determine the Account structure as set forth in Section 3.1 of the BSA, provided that in no event will End User funds be owned by Client, held in Client’s name, or otherwise controlled by Client without the mutual written agreement of the Parties.
1.2 Deposit Account Services Reserve Account. As a condition to Bank Partner providing the Deposit Account Services and to Client making the Deposit Account Services available to End Users, Client acknowledges and agrees that Client will fund a Reserve Account and maintain the Minimum Required Reserve Account balance in such Reserve Account, in each case as set forth in Section 3.2 of the BSA.
1.3 Deposit Account End User Documentation. In addition to any related requirements set forth in the BSA, Deposit Accounts will be subject to and governed by applicable End User Documentation as determined by Bank Partner.
1.4 Deposit Account Suspension and Closure. In addition to any rights set forth in the BSA, Bank Partner will have the right to suspend or close deposit Accounts or disable any service or feature of such deposit Accounts in its discretion as permitted under Applicable Law and the applicable End User Documentation, including without limitation, if: (a) Bank Partner determines that the deposit Account is being used for fraudulent or illegal purposes, in violation of Applicable Law, End User Documentation, or any other agreement with Bank Partner; (b) if multiple Transactions are returned on the deposit Account; or (c) if Bank Partner determines that the Account or End User otherwise presents undue risk to Bank Partner or Unit.
1.5 Tax Forms; Reporting and Escheatment of Unclaimed Property. Client will be responsible for the costs incurred by Bank Partner and/or Unit in connection with (a) preparation, filing, and delivery of tax forms related to End User Accounts; and (b) the reporting and/or escheatment of abandoned or unclaimed property in End User Accounts.