As used in these Terms and Conditions — Internet Wire Transfer Service agreement (herein called "Terms and Conditions"), "You" and "Your" means you, as an existing Key Investment Services/KeyBank customer; and "KeyBank" means KeyBank NA; and "KIS" means Key Investment Services LLC.
KeyBank provides you with access to a domestic wire transfer service on the KeyBank Website, which enables you to request a payment order by a service request for a transfer of available funds from your designated account at KeyBank or KIS for payment to a designated third party's account at another financial institution located in the U.S.A. (herein called "Wire Transfer") via FEDWIRE or a similar wire transfer system used primarily for funds transfers between financial institutions (herein called "Wire Transfer System") and acceptable to KeyBank (herein called "Wire Transfer Service").
Each time you use this Wire Transfer Service, you agree to be legally bound by (a) these Terms and Conditions, as amended, and (b) KeyBank's Rules and Regulations For Access to Key World Wide Website, as amended, (herein called "User Agreement"). Any Wire Transfer hereunder for either a business or personal use and made through a Wire Transfer System is excluded from the coverage of the federal Electronic Funds Transfer Act and related Regulation E. Therefore, KeyBank's (i) Disclosure Statement and Terms and Conditions for Electronic Fund Transactions (including supplemental terms and conditions thereto), (ii) Online Banking Service Agreement and Disclosure (including supplemental terms and conditions thereto), as amended, each shall not apply to the Wire Transfer Service and any Wire Transfer requested by you, notwithstanding any provision in any of said agreements to the contrary. Please read the User Agreement carefully for applicable terms, including, but not limited to, limitations on liability of KeyBank for Wire Transfers.
You authorize KeyBank to withdraw the amount of any requested Wire Transfer which you may authorize and instruct via KeyBank's Website, plus any applicable fees and charges, from your designated account at KeyBank or KIS. Each Wire Transfer requested by you shall be binding on you, and KeyBank and KIS shall have no liability or other obligation for any unauthorized Wire Transfer.
(a) You agree that the security procedures used by you and KeyBank in connection with this Wire Transfer Services are commercially reasonable for you, and you waive any objection that they are not. Each Wire Transfer shall bind you, whether or not authorized, when issued in your name and accepted by KeyBank in compliance with such security procedures. To the extent that you fail to follow these security procedures, you shall be deemed to have refused such security procedures.
(b) In connection with issuance of a debit card to you to access your deposit account at KeyBank, KeyBank previously assigned a unique Personal Identification Number (PIN) to you, which you are required to use in order to log on to and access each session for the KeyBank Online Banking Service offered on the KeyBank Website. However, after your log on to the Website, you are not required to use your PIN to request a Wire Transfer or to approve these Terms and Conditions. You may change this PIN at anytime. You shall maintain this PIN in strictest confidence and take all security measures sufficient to assure that your PIN is not used to facilitate any unauthorized Wire Transfer or other transaction on this Website. You agree to change your PIN frequently, but in no event shall more than sixty (60) days pass between successive changes. You will not leave your personal computer or other terminal, which you use to access this Website, unattended without first logging off or otherwise terminating your session on this Website.
(c) KeyBank's security procedures for the detection of your errors are not provided by KeyBank, and in no event shall KeyBank be liable for your errors. KeyBank may change these security procedures, or otherwise impose additional security procedures, from time to time upon notice to you.
KeyBank may, in its sole discretion, refuse your request for a Wire Transfer. Without limiting the forgoing, Wire Transfers to any location outside the USA or from any business account you may have at KeyBank shall not be allowed, and these requests will be automatically rejected.
You shall have no right to amend or cancel any Wire Transfer. KeyBank may, however, on its own initiative and without obligation, act upon your request to amend or cancel, but shall have no liability if such cancellation or amendment is not effected. KeyBank must receive any request or other notice to cancel or amend on or before the banking day on which the Wire Transfer is to be executed with sufficient time to afford an opportunity to act on your notice.
You do not have the right to incur an overdraft in any of your accounts as a result of a Wire Transfer. You shall have in your account, at the time a Wire Transfer is initiated, a balance of actually and finally collected funds sufficient to cover all of your obligations, including the Wire Transfer. KeyBank may, however, in its discretion, execute the Wire Transfer even if such execution should result in the creation of an overdraft in your account. You shall be liable to KeyBank for any such overdraft. If insufficient funds are not available in you account, KeyBank may, in its discretion, send the amount of funds available or send the payment net of charges, or not execute the Wire Transfer.
If an identifying or KeyBank account number provided in a Wire Transfer issued in the name of you identifies a person different from the beneficiary named in the Wire Transfer, or if the words and numbers set forth in a Wire Transfer are otherwise inconsistent, you understand that execution or payment of the Wire Transfer might be made by KeyBank, or any other person on the basis of an identifying number, account number, or other number rather than on the basis of the name or words. If a Wire Transfer identifies an intermediary bank or the beneficiary's bank both by name and an identifying number and the name and number identify different persons, you understands that KeyBank, another receiving bank, or any other person might rely on the number as the proper identification of the intermediary or beneficiary's bank even if it identifies a person different from the bank identified by name. KeyBank may, in its discretion and without liability, choose to rely either upon a name or other words, or upon an identifying, related, accompanying, or bank account number in a Wire Transfer. KeyBank shall not, for any purpose, be deemed to know that an account identifying or other number in a Wire Transfer does not identify or match the person or words intended to be identified or otherwise set forth therein unless the officer or employee of KeyBank, who receives or accepts the Wire Transfer has actual knowledge and awareness of the contents of the Wire Transfer and the fact that a discrepancy exists.
KeyBank will execute each Wire Transfer authenticated on the business day received. KeyBank may require additional authentication of any Wire Transfer request. Such additional authentication may include telephone confirmation of the request. KeyBank reserves the right to reject a Wire Transfer request that cannot be properly authenticated. Cut-off hours may be established and changed by KeyBank from time to time. Instructions for Wire Transfers received after such cut-off hours may be treated by KeyBank for all purposes as having been received on the following business day.
While your account may be credited in the amount of an incoming Wire Transfer to your account, such crediting shall be subject to receipt of final settlement by KeyBank and any cancellation effected or agreed to by KeyBank.
KeyBank shall have the right to reject or impose conditions that must be satisfied before it will accept your instructions for a Wire Transfer for any reason, including without limitation your violation of any term of these Terms and Conditions, your failure to maintain a sufficient withdrawable account balance, or the belief by KeyBank that the Wire Transfer may have not in fact been authorized. The Wire Transfer may also be rejected by an intermediary or beneficiary bank other than KeyBank, or by operation of law. If a Wire Transfer is rejected, KeyBank shall endeavor to notify you by telephone, electronic transmission, in writing or by other means chosen by KeyBank. Written notice shall be effective when sent; electronic notice shall be effective when received. KeyBank shall, however, have no liability to you by reason of such rejection by another person in the Wire Transfer chain, or the fact that such notice was not given or was not given at an earlier time, or within any specified period of time of receipt, acceptance, execution, or payment of any Wire Transfer.
Within fourteen (14) days after the date you receive written notification from KeyBank, whether by advice, confirmation, statement or otherwise, or KeyBank makes such notification available to you by computer link or display on KeyBank's Website, that a Wire Transfer in your name was accepted by KeyBank, or your account was debited or credited with respect to a Wire Transfer, or within fourteen (14) days of any earlier date upon which you have notice from another source of execution, payment, non-execution, or non-payment by KeyBank or any other party of any Wire Transfer issued in your name or paid to your account, you must notify KeyBank in writing of the relevant facts regarding any unauthorized or erroneous Wire Transfer, any discrepancy reflected in such notification or notice, and any claim for a refund. Your failure to so notify KeyBank within said fourteen (14) days shall relieve KeyBank of any liability it would otherwise have in regard to such Wire Transfer. Your failure to so notify shall relieve KeyBank of any liability it would otherwise have in regard to such payment order. KeyBank shall have no obligation to notify you of the receipt, execution or payment of any Wire Transfer within any specified period of time or for detecting any error contained in any Wire Transfer sent. However, if KeyBank displays promptly on its Website a confirmation of its receipt of your request for Wire Transfer, and the relevant content and data pertaining to the requested Wire Transfer, you shall immediately review the requested Wire Transfer and approve, edit or cancel the requested Wire Transfer on KeyBank's Website. Upon such approval of the requested Wire Transfer via the Website, you assume all risk of loss due to any error, change or other discrepancy reflected in the requested Wire Transfer, except for any error or change caused solely by KeyBank's computer system that processed and transmitted such Wire Transfer.
You warrant and represent that your performance of these Terms and Conditions has been duly authorized and is your binding obligation. You warrant that each Wire Transfer initiated by you in connection with this Wire Transfer Service is fully authorized by you and by any other party whose authorization is required. KeyBank shall not be liable for any loss, damage, or liability, which may arise from the unauthorized use of any PIN and resulting use of the Wire Transfer Service.
All electronic notices or other communications of any type in connection with this Wire Transfer Service shall be directed: (a) if sent by you, to KeyBank at this Website, unless KeyBank specifies a different address to you in writing; and (b) if sent by KeyBank, to your email address on KeyBank's records.
KeyBank may, but shall not be obligated to, tape or otherwise record telephone conversations between you and KeyBank.
Except as otherwise required by applicable law, we may add, remove, or otherwise modify any of the terms and conditions of this Agreement, its related services, and applicable fees and charges, at any time and without notice to you, and such changes will be effective immediately. This Agreement as revised will be posted on an Internet website at www.key.com, or any other Internet website designated by KeyBank as a replacement site for www.key.com, and we may send you written notice at your email or postal address in our files. Your continued use of any Service (covered hereby) after our sending any required notice, or posting such changes to these Terms and Conditions on this website, will constitute your acceptance of and agreement to be bound by such changes to these Terms and Conditions. You agree that these procedures are commercially reasonable and acceptable to you and are sufficient to provide you with notice of such changes. The revised Terms and Conditions will supersede the affected terms and conditions hereof, and shall apply to any activity or transaction previously or hereafter taken by you in connection with such Service, except new fees and charges shall apply prospectively only.
You agree that all matters relating to your use of the KeyBank Website, each Wire transfer, and the Wire Transfer Service shall be governed by the laws of the State of Ohio, including without limitation, Uniform Commercial Code Article-4A, being Sections 1304.51 to 1304.85 O.R.C. as amended, and the federal laws of the USA, without regard to any State's conflicts of law principles.