In this ACH Authorization Consent (“Agreement”), “you” or “your” refers to each customer who wants to use our services, and “we,” “us” and “our” refer to Highline Technologies, Inc. (“Highline”). By agreeing to these terms, you hereby authorize Highline to instruct Blue Ridge Bank to initiate at its sole discretion instructions to credit your checking account on file with your biller or payroll provider . You will receive notice from Highline at least 10 days prior to the payment initiation. You acknowledge that the origination of ACH transactions to your account must comply with the provisions of U.S. law. You certify that you are an authorized user of this bank account and will not dispute these scheduled transactions with your bank; so long as the transactions correspond to the terms indicated in this authorization form.
You acknowledge that when we initiate ACH Transfers on your behalf, they will be processed under the National Automated Clearing House Association (“NACHA”) Operating Rules. You agree that we may reverse any ACH Transfer of funds to your Account without prior notice to you at any time if permitted by NACHA Operating Rules, which includes but is not limited to the following reasons: (a) we credited your Account in an incorrect amount, (b) the transfer represents a duplicate credit to your Account, (c) you were not entitled to the credit, or (d) you were not the intended recipient of the credit.
You understand that this authorization will remain in effect until you cancel it by notifying Highline, and you agree to notify Highline of any changes in your account information or termination of this authorization at least 5 days prior to the next billing date. If the above noted payment dates fall on a weekend or holiday, you understand that the payments may be executed on the next business day.
You agree that any transfer of funds using ACH is subject to the terms of Highline Electronic Services Disclosures and Agreement, and you agree to report errors, delays, or other problems related to your request as stated therein. If your funds transfer request or receipt of funds is delayed or erroneously executed as a result of Highline’s error, Highline’s sole obligation to you is to pay or refund such amounts as may be required by applicable law.
YOU AGREE THAT HIGHLINE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) ANY INACCURATE OR INCOMPLETE INFORMATION RECEIVED FROM ANOTHER FINANCIAL INSTITUTION IN CONNECTION WITH EXECUTING A TRANSFER REQUEST; (2) ANY CHARGES IMPOSED BY ANOTHER FINANCIAL INSTITUTION IN CONNECTION WITH HIGHLINE ACH SERVICE TRANSACTIONS; AND (3) ANY TRANSFER LIMITATIONS SET BY ANOTHER FINANCIAL INSTITUTION HOLDING AN ACCOUNT INTO WHICH YOU HAVE REQUESTED A TRANSFER. IN NO EVENT SHALL HIGHLINE BE RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES ARISING IN CONNECTION WITH YOUR HIGHLINE ACH SERVICE TRANSFER REQUEST.
EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THIS AGREEMENT OR PROHIBITED BY APPLICABLE LAW, HIGHLINE AND ITS DIRECTORS, OFFICERS AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS. HIGHLINE MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HIGHLINE ACH SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE HIGHLINE ACH SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY HIGHLINE FROM ANY FINANCIAL INSTITUTION HOLDING AN ACCOUNT INTO WHICH YOU HAVE REQUESTED A TRANSFER. HIGHLINE MAKES NO WARRANTY OR REPRESENTATION THAT THE HIGHLINE ACH SERVICE WILL MEET ANY REQUIREMENTS OF ANY USER, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.