THE BANK OF COMMERCE ONLINE BANKING SERVICES END USER AGREEMENT
This Online Banking End User Agreement (“Agreement”) describes your rights and obligations as a user of the Online Banking Services provided by The Bank of Commerce (“Bank”). It also describes the rights and obligations of the Bank. Please read this Agreement carefully. By requesting and using one of these services, you agree to comply with the terms and conditions of this Agreement.
This Agreement also describes many of the features and services that Online Banking provides and how they work. You should print and/or save a copy of this Agreement for your records.
- Agreement – means the terms and conditions of the Online Banking Services
- The words you and your, refer to either and all of the persons agreeing to the online agreement
- The words we, us, Bank and our, refer to the financial institution identified in this agreement
- Account - means the primary checking account (or checking accounts) designated by you that will be debited for payments to Payees initiated through the Service
- Authorized Signer - refers to a person who has authority of any kind with respect to an account or transaction
- Business Day - means Monday through Friday, excluding Saturday, Sunday and designated federal banking holidays
- ISP – means Internet Service Provider
Online Banking Services In addition to this agreement, you may have a separate agreement for each of your accounts with us. Each account is still subject to those same agreements. If there is any conflict between this agreement and the deposit account agreement regarding the account, then the deposit account agreement takes precedence. Conversely, if there is a conflict between this agreement and the deposit account agreement regarding online banking, then this agreement takes precedence.
Online Banking and Authorized Signers If an account is owned by more than one person, or has more than one Authorized Signer, each person individually has the right to provide us with instructions, make any decision, obtain any information or make any request associated with the account and related online banking (subject to the extent of the terms and conditions of the account). We may rely and act on those instructions of any such person without having liability to you. All transactions that an Authorized Signer performs on an account, including those which you may not be aware of or intend to do are considered transactions authorized by you. You are responsible for those transactions and will not hold The Bank of Commerce liable for them.
If you make someone an Authorized Signer on an account and they enroll in the online banking service, we may consider them an Authorized Signer in our own discretion. If you notify us that an Authorized Signer is no longer authorized, you must give us an appropriate length of time to act on the notice. Only after those times will any transactions be considered unauthorized. Business owners may delegate authority to access the system to other employees in their business and may do so, in accordance with the requirements and procedures we provide to you from time to time. We may discontinue offering this option at any time without prior notice.
Access to Services You will gain access to your Online Accounts through the use of your Internet-enabled device, your ISP, your Password and your User ID. You may access your Online Accounts 24 hours a day, seven (7) days a week. However, availability of the Services may be suspended for brief periods of time for purposes of maintenance, updating and revising the software.
For purposes of transactions, the Bank's business days are Monday through Friday, excluding holidays and weekends. All Online Banking transaction requests received after 6:00 p.m. on business days and all transactions which are requested on Saturdays, Sundays, or holidays on which the Bank chooses to remain closed, will be processed on the Bank's next business day.
Limitations on Frequency of Transfers In addition to limitations on transfers elsewhere described, if any, the following limitation apply: transfers and withdrawals from a savings or money market account to another of your accounts or to third parties by preauthorized, automatic or computer transfer, or by check draft, debit card, or similar order, cannot exceed six per calendar month or statement cycle. Fees apply for exceeding these limits. See your Account agent for details.
Termination We can terminate your right to participate in our Online Banking Service at any time if you fail to comply with these terms or the terms of your account agreement with us.
Changes in Terms and Features We reserve the right to amend, terminate or modify the options, features and services included or offered in our Online Banking Service as we may see fit from time to time without notice to you, and no such amendment, termination or modification shall constitute a breach of this Agreement. We can change these terms by giving you notice as required by law. Continued use of our Online Banking Service by you after notice of a change in terms constitutes acceptance of the change.
Notices Notices will be in writing and mailed or hand delivered, except that we can give them to you electronically if you have so consented. Notices to you are effective when given, regardless of whether you receive them. Notices to us are effective only when we actually receive them.
Liability This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking Services accounts. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking Services as delineated in this Agreement.
We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our gross negligence.
We will not be liable to you in the following instances:
- If through no fault of the Bank, you do not have enough money in your account to make the transfer
- If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken
- If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy
- If your funds are subject to a legal proceeding or other encumbrance is restricting the transfer
- If your transfer authorization terminates by operation of law
- If you believe someone has accessed your accounts without your permission and you fail to notify the Bank immediately
- If you have not properly followed the instructions on how to make a transfer included in this Agreement
- If we have received incomplete or inaccurate information from you or a third party involving the account or transfer
- If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement
IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT.
Online Banking Services is your acknowledgment that you have received these agreements and intend Indemnification. You agree to indemnify, defend and hold us, our affiliate companies, directors, officers, employees and agents harmless against any third party claim, demand, suit, action or other proceeding and any expenses related to an Online Banking Services.
Third Parties We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an internet browser provider such as Netscape (Netscape Navigator browser) or Microsoft (Microsoft Explorer browser), by an internet access provider, or by an online service provider, nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access an Online Banking or Bill Payment account.
Virus Protection The Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.
Electronic Mail (Email) If you send the Bank an email message, the Bank will be deemed to have received it on the following business day. You should not rely on email if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur.
Email Security. Email transmissions outside of the Online Banking site are not secure. We advise you not to send us or ask for sensitive information such as account numbers, password, and account information, etc. via any general or public email system. If you wish to contact us electronically, please use the CONTACT US provided in our Online Banking site. Use this secure form to email the Bank regarding inquiries about an electronic funds transfer error resolution, reporting unauthorized transactions, or contacting the Bank regarding other concerns of a confidential nature.
EXCLUSIONS OF WARRANTIES
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Fees The Bank offers the benefits and convenience of the Online Banking Services to consumer accounts at no cost.
- make payments to a Payee from your Accounts
- review past or scheduled payments from your Accounts
- order transfers of funds among eligible Accounts
- order transfers of funds from Accounts to certain loan accounts accessible through online Banking
- perform balance inquiries with respect to each Account accessible through online Banking
- view account activity within each Account
- order checks through the Bank's approved provider
- access your monthly account statement(s)
- request advances from eligible loan accounts accessible through Online Banking to your Primary Checking Account
Password Security You are responsible for keeping your password and Online Account information confidential. In order to protect yourself against fraud, you should adhere to the following guidelines:
- Do not give out your account information, Password, or User ID
- Do not leave your PC or mobile device unattended while you are in the Bank’s Online Banking Site
- Never leave your account information within range of others
- Do not send privileged account information (account number, password, etc.) in any public or general email system
If you believe your password has been lost or stolen, of if you suspect any fraudulent activity on your account, call the Bank immediately at the numbers listed below between the hours of 8:00 AM – 5:00 PM Monday through Thursday and 8:00 AM – 6:00 PM on Friday. Telephoning the Bank is the best way of minimizing your losses and liability.
Bank Contact Information/ Address Changes You agree to notify us immediately of any change in your mailing address, e-mail address or other information relevant to this agreement. To notify us of your email address change, contact us by phone or by mail. It is your responsibility to notify the Bank in writing of changes to your mailing address for US Mail delivery of other account documentation, including, but not limited to, all year-end tax reporting documents.
If you have inquiries regarding your Online Bank Service, please contact us at:
The Bank of Commerce
PO Box 1887
Idaho Falls, Id 83403
Business Days: Monday – Friday, Federal Holidays are not included.
Phone: (208)-523-2020 or (208) 525-9183
Electronic Statements This disclosure contains important information about our electronic statement product, also referred to as Online eStatements. Agreeing to online statements will discontinue your paper statements.
Online Statement Delivery By accepting The Bank of Commerce Electronic Statement Disclosure Agreement, you consent and agree that we may provide certain disclosures and notices to you in electronic form, in lieu of paper form, including electronic delivery of statements (Online statements) for your account(s).
Enrolling for Online Statements You may enroll for online statements at any time by accessing online statements within the Online Banking Service. Agreeing to the disclosure enrolls all accounts listed in your online banking.
Statement Availability We will automatically turn off paper statements for your account(s) once you have enrolled for online statements. You will need to access all future statements for the account(s) through the Bank's Online Banking Service. You will be able to download, review and/or print your periodic account statements. Online statements are available online for 18 Months. Check images can also be easily accessed online for 2 months. Both Online statements and check images may be downloaded and saved or printed for permanent retention.
You can save copies of your statements to your hard drive or other media for viewing and printing at a later time by using the SAVE and PRINT buttons within Adobe Acrobat, not the browser buttons.
Reviews of Online Statements Your receipt of online statements does not in any way alter your obligation to promptly review your online statements. You must promptly access/review your Online eStatements and any accompanying items and notify us in writing immediately of any error, unauthorized transaction or other irregularity. If you allow someone else to access your statement, you are still fully responsible to review the statement for any errors, unauthorized transactions, or other irregularities. All provisions as set forth in the applicable deposit account disclosure agreement(s), terms and conditions, and loan agreements shall continue to apply.
Requesting a Paper Copy of your Account Statement At any time, you may request a paper copy of any periodic statement or disclosure which has been delivered electronically. Paper copies may be acquired by contacting your local branch. . We will provide the statement to you via US Mail. You will be charged the standard research fees for production of a paper copy of your periodic statement. If you need help printing or if you need a paper copy, please contact the Bank at the address or phone number provided below.
Canceling Online eStatements You retain the right to withdraw your consent for electronic delivery of periodic statements. You may withdraw your consent at any time by giving us at least ten (10) days prior notice. Contact us by phone or by mail. Once you have withdrawn your consent, we will then discontinue the online statement service for the account and paper statements and notices will be resumed. The cancellation of Online eStatements in no way affects the validity or legal effect of all Online eStatements and disclosures which have been previously delivered electronically under the Online eStatements Service. There is no fee to withdraw your consent and resume paper statements and notices.
Joint Accounts If your account is owned jointly with another person either one of you may consent to receive or cancel Online eStatements and electronic notices/disclosures. Such consent to access Online eStatements shall apply to all owners. A notification e-mail to one owner of a joint account is considered notice to all owners.
Security Your Access ID and Password are used to access Online Banking Services and should be kept confidential. We strongly recommend that you change your password regularly. You are responsible for keeping your password, account numbers, and other account data confidential. You further understand and agree to notify the Bank immediately if your password should become compromised or known to individuals who are not authorized by you.
System Requirements In order for you to access and retain your online-statement records, your personal computer must meet the following requirements:
- Internet and e-mail access
- A certified/supported browser that supports 128-bit encryption
- Adobe Acrobat Reader 7.0 or higher
We may revise hardware and software requirements, and if there is a material chance that the changes may impact your ability to access Online eStatements, we will notify you of these changes in advance and provide you an opportunity to change your method of receiving disclosures (e.g. change to paper format vs. electronic format) without the imposition of any fees.
Change in Terms The Bank reserves the right to change the terms and conditions of this agreement (including fee schedule) at any time, including the addition and deletion of Online eStatements Services. We will update this agreement on our website and may notify you of such changes by mail or electronic message to your most recent addresses listed on our records. The notice will be posted or sent at least thirty (30) days in advance of the effective date of any additional fees, any stricter limits on the type, amount or frequency of transactions or any increase in your responsibility for unauthorized transactions, unless an immediate change is necessary to maintain the security of the system. If such a change is made and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days after the change. By using the Online eStatement Service when such changes become effective, you agree to be bound by the revised terms and conditions contained in this agreement or you can decline the changes by discontinuing the use of the Online eStatement Service and notifying us of your election by US Mail.
The Bank reserves its right to terminate this Electronic Statement Disclosure Agreement and your access to the online statement service, in whole or in part, at any time, including, but not limited to, when you have not logged on to use the Online Banking Services for over 90 days.
Disclaimer of Warranty and Limitation of Liability You agree that the Bank shall not be held liable if you are unable to gain access to the website or the Bank's Online Banking Service from time to time. You understand that some or all of the Online eStatements Services and/or other system services may not be available at certain times due to maintenance and/or computer, communication, electrical or network failure or any other causes beyond the Bank's control.
We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with Online eStatements Service provided to you under the Agreement. We do not and cannot warrant that the Online eStatement Service will operate without error, or that the Online eStatement Service will be available at all times. Except as specifically provided in this Agreement or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under the Agreement or by reason of your use of the Online eStatement Service, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty or any other legal theory.
Proceed with Acceptance of Online Disclosures With your acceptance of these disclosures, you agree to accept periodic deposit account statements including important notifications that may appear on your statements, in an electronic format instead of our mailing you a monthly paper statement. You also agree that you have the necessary equipment for accessing and viewing Online eStatements and you agree to notify us if you change your e-mail address or if you no longer want to receive statements electronically. You can still enroll at a later time within the Online Banking Service.
If you have inquiries regarding your account, please contact us at:
The Bank of Commerce
PO Box 1887
Idaho Falls, ID 83403
Online Bill Payment Services
The Bank of Commerce Bill Payment Online Service enables you to set recurring payments, make one time payments and track your payments to individual payees. No need to write checks and go to the post office. You can do this right from your home or office. The charge for this service will be:
Personal Accounts: Free with unlimited withdrawals
Business Accounts: $9.95 per month (includes 15 payments per month, each additional payments costs $0.55)
This charge will be automatically deducted from your checking account.
This same checking account will be used to debit your account for the payments that you initiate.
Electronic Bill Payment Authorization I AUTHORIZE The Bank of Commerce to post payment transactions generated by PC or other electronic devices, from the Bill Paying Service to the account indicated on the form being sent electronically. I understand that I am in full control of my account. If at any time I decide to discontinue service, I will provide written notification to The Bank of Commerce. My use of the Bill Payment Service signifies that I have read the terms and conditions of the Internet Banking Disclosure and Agreement which have been provided to me electronically by The Bank of Commerce.
I UNDERSTAND that I am responsible for any loss or penalty that I may incur due to the lack of sufficient funds or other conditions that may prevent the withdrawal of funds from my account.
The Online Bill Payment Service permits you to use your Internet enabled device to direct payments from your designated online Bill Payment Account to third parties you wish to pay. Any payments you wish to make through this Service must be payable in U.S. dollars to a payee located in the continental United States. We reserve the right to restrict types of payees to whom payments may be made using the Service from time to time.
Scheduling Payments Funds must be available in your Bill Payment Account on the scheduled payment date. If the date you schedule a payment to be initiated falls on a nonbusiness day (Saturday, Sunday, or holiday), funds must be available in your Bill Payment Account the following business day (e.g. Monday).
You may choose to schedule payments to recur in the same amount at regular weekly, monthly, or semi-monthly intervals. When you create a new payee in the Bill Payment Service, it takes two (2) business days to set up the payee to receive payments. You should schedule a payment to a new payee at least ten (10) business days before any payment due date, to allow us time to set up the payee and verify information about your account with the payee.
For all subsequent payments, you agree to allow at least three to five business days between the date you schedule a payment to be initiated and the payment due date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period). If the payment is an Automatic Clearing House (ACH) electronic payment, it will take up to four (4) business days to reach the payee. However, if the company or person that you are paying cannot accept an electronic payment, the Bill Payment Service will send a check that may take up to ten (10) business days. If you do not follow these time frames, you will be fully responsible for all late fees, finance charges or other actions taken by the payee. If you schedule your payment and follow all instructions provided, but the payment is not received by the payee in a timely manner, the Bank will work with the payee on your behalf to reverse any late fees or charges.
The Bank will not be liable in any way for damages you incur for any of the following reasons:
- Insufficient funds in your Bill Payment Account to make the payment on the processing date
- Delays in mail delivery
- Changes to the payee's address or account number unless we've been advised of the change in advance
- The failure of any payee to correctly account for or credit the payment in a timely manner, or
- Any other circumstances beyond the control of the Bank
Types of Transfers You may access this service by computer at www.bankofcommerce.org and using your User ID, Password and Multifactor Authentication.
You may access this service to:
- Make payments from your checking account(s) to third parties
- Some payments made by paper check will not be subject to this Electronic fund Transfer disclosure, as disclosed separately. Individual payment is limited to $9,999.99 daily total of payments is limited to $19,999.99.
Electronic Funds Transfers
Mobile Banking You may access your accounts remotely with your Cell phone or other mobile access device and using your User Identification Name, Password, Multifactor Authentication and Text Messaging Commands (available separately). You may use this service to:
- Transfer funds from Checking or Savings to Checking or Savings.
- Transfer funds from Loans to Checking or Savings.
- Make payments from Checking or Savings to Loans.
- Get balance information about Checking, Savings, Loans or Certificate of Deposit.
- Get withdrawal history about Checking, Savings, or Loans.
- Get deposit history about Checking, Savings, Loans, or Certificate of Deposit.
- Get transaction history about Checking, Savings, Loans, or Certificate of Deposit.
Your mobile service provider's standard service fees, such as text message fees, data charges or similar charges, will apply to all transactions. Check with your service provider for information about these fees.
Limits and Fees Please refer to our fee disclosure for information about fees and limitations that may apply to these electronic fund transfers.
Financial Institution's Liability Liability for failure to make transfers - If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
- If, through no fault of ours, you do not have enough money in your account to make the transfer
- If you have an Ready Reserve line of credit and the transfer would go over the credit limit
- If the automated teller machine where you are making the transfer does not have enough cash
- If the terminal or system was not working properly and you knew about the breakdown when you started the transfer
- If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken
- There may be other exceptions stated in our agreement with you
Confidentiality We will disclose information to third parties about your account or the transfers you make for the following reasons:
- Where it is necessary for completing transfers
- In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant
- In order to comply with government agency or court orders
Unauthorized Transfers (a) Consumer liability. (1) Generally. Tell us AT ONCE if you believe your card and/or code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. (The Bank of Commerce 208-523-2020, 800-477-9193 or MasterCard direct 800-500-1044). You could lose all the money in your account, plus your maximum Ready Reserve Line of Credit. If you tell us within two business days after you learn of the loss or theft of your card and/or code, you can lose no more than $50 if someone used your card and/or code without your permission.
If you do NOT tell us within two business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time period.
(2) Additional Limits on Liability for Debit MasterCard® You will not be liable for any unauthorized transactions using your Debit MasterCard® if: (i) you can demonstrate that you have exercised reasonable care in safeguarding your card from the risk of loss or theft, and (ii) upon becoming aware of a loss theft, you promptly report the loss or theft to us.
(b) Contact in event of unauthorized transfer. If you believe your card and/or code has been lost or stolen, call or write us at the telephone number or address listed in this disclosure. You should also call the number or write to the address listed in this disclosure if you believe a transfer has been made using the information from your check without your permission.
Error Resolution Notice In case of errors or questions about your electronic transfers, please call or write us at the contact information provided below, as soon as you can. If you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
(1) Tell us your name and account number (if any)
(2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information
(3) Tell us the dollar amount of the suspected error
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you, and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made and none of the signers, have had within 30 calendar days before the account was established, another transaction account at the Bank. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
You may ask for copies of the documents that we used in our investigation. If you have inquiries regarding your account, please contact us at:
THE BANK OF COMMERCE
CUSTOMER SERVICE DEPARTMENT
PO BOX 1887
IDAHO FALLS, ID 83403
Business Days: Monday, Tuesday, Wednesday, Thursday and Friday
Holidays are not included.
Phone: (208) 523-2020 or (208)525-9183
Mobile Deposit Capture Services
This Mobile Deposit Service End User Agreement (“Agreement”) contains the terms and conditions for the use of the Mobile Deposit Service Application (“Service”) that the Bank may provide to you. This Agreement supplements the terms of other agreements you have entered into with the Bank, including the Terms and Conditions of Your Account and related fee schedules and disclosures that govern the terms, conditions and fees of your deposit accounts(s) with us, each as may be amended from time to time. The terms and conditions of your Account Agreement are incorporated by reference and made a part of this Agreement. In the event of a conflict between the terms of this Agreement and the Terms and Conditions of Your Account, the terms of this Agreement shall control as it regards the provision of the Service.
Services The Service is designed to allow you to make deposits to checking or money market accounts by taking pictures and delivering the images and associated deposit information to the Bank. The checking or money market accounts designated by you during the enrollment process must be set up through the Bank’s Online Banking Service. Each such Mobile Deposit Transaction is referred to in this Agreement as a “deposit.” By using the Service, you authorize the Bank to convert checks to images or create substitute checks for the purpose of clearing the check. By using the Service, you authorize the Bank to request, and obtain from time to time, credit reports or other information from any consumer reporting agencies. The Bank reserves the right to change the Service at any time and in any manner in its sole discretion. We will notify you of any material change via e-mail or on our website. Your continued use of the Services will indicate your acceptance of any such changes to the Service.
Limitations of Service We may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times.
Also, when using the Services, you may experience technical or other difficulties. You are responsible for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Service, in whole or in part, or your use of the Service, in whole or in part, immediately and at any time without prior notice to you.
Fees The Bank offers the benefits and convenience of Mobile Deposit Service to you at no cost.
Hardware and Software In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software from time to time. The Bank is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.
Eligible Checks You agree to deposit only checks as the term “check” is defined in the Expedited Funds Availability Act as implemented by Regulation CC.
Ineligible Checks You agree that you will not use the Service to deposit any checks as described below:
- Checks payable to any person or entity other than you
- Checks containing alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn
- Checks previously converted to a substitute check, as defined in Regulation CC
- Checks drawn or payable through any foreign bank or a financial institution located outside the United States
- Checks that are remotely created checks, as defined in Regulation CC
- Checks not payable in United States currency
- Checks dated more than 6 months prior to the date of deposit
- Checks that are in any way incomplete
- Checks prohibited by the Bank’s current procedures relating to the Service or which are otherwise not acceptable under the terms of the Terms and Conditions of Your Account
- Checks on which the numerical and written amount are different
- Checks that have been previously returned unpaid by the financial institution on which they are drawn
- Checks that are payable to cash
- Money Orders and/or Cashier’s Checks
- Checks issued by the United States Government, State or County entities
Requirements The image of a check transmitted to the Bank using the Service must consist of legible images of the front and back of the check. The image that is transmitted must be of such quality that the following information can easily be read by sight review of the image:
- The amount of the check
- The payee
- The drawer’s signature
- The date of the check
- The check number
- Information identifying the drawer and the paying bank that is preprinted on the check in the MICR line, including the routing transit number, account number, check amount when encoded, serial number and process control field
- Other information placed on the check prior to the time that the image is captured (such as any required identification on the front of the check or any endorsements applied to the back of the check)
Endorsements Endorsements must be made on the back of the check within 1 ½ inches from the top edge, although we may accept endorsements outside this space. Your endorsement must include your signature along with the following statement “For Mobile Deposit Only”. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. A check payable to two payees must be endorsed by both payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and your joint owner, both of you must endorse the check. A check payable to two parties without “and” or “/”, may be endorsed by either party.
Receipt of Check Images We reserve the right to reject any check image transmitted through the Service at our discretion. We are not responsible for check images we do not receive or for images that are dropped or become corrupted or illegible during transmission. An image of a check shall be deemed received when you receive an e-mail confirmation from the Bank that we have received the check image. Receipt of such confirmation does not mean that the transmission was error-free or complete, or that your account will not be charged back for the amount of the deposit and any applicable returned deposited item or other fee under the Terms and Conditions of Your Account if the check image presented is dishonored or returned unpaid for any reason by the financial institution on which it is drawn.
Proper Temporary Storage and Disposal of Original Transmitted Checks Upon proper clearing of funds and confirmation of your deposit from the Bank, you agree to prominently mark the paper check as “Electronically Presented” or “VOID” and to properly store the paper check to ensure that it is not presented again for payment. It is prohibited to attempt to re-deposit the check in person or through any other channel or transmit duplicate items. You agree any check that has been transmitted through the Service will not be presented by you or any person again. This practice may result in service being discontinued or account closed. You agree to retain all checks that you have deposited through the Service for at least 30 business days and, following the 30 day retention period, you agree to securely dispose of the paper check in a manner which will ensure the check will not be presented again. You will promptly provide any retained check, or a sufficient copy of the front and back of the check, to the Bank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any check or check image, or for the Bank’s audit purposes. If you fail to promptly provide the original check or a reasonable copy of the check in response to a request by us, you agree to request a new check for deposit from the check’s originator. If you fail to provide any copy of a check and cannot obtain a new check from the originator, you agree that we are authorized to debit your account for the amount of the check in question if we deem this action necessary. You will be solely responsible for any losses incurred as a result of the failure to promptly provide a retained check or replacement check in response to our request.
Returned Deposits Any credit which we deposit into your account immediately following a deposit initiated by you will be a provisional credit. If a check that you deposit using the Service is returned or charged back on your account, it will be deducted in full from your account, along with any fees that are incurred due to the check’s rejection as described in our fee schedule and the Terms and Conditions of Your Account. We are not responsible for any losses incurred as a result of deposits returned on your account.
Funds Availability You agree that items transmitted using the Service are not subject to the funds availability requirements of Regulation CC. In most cases funds confirmed as received before 5:00 pm (Mountain Time) of business on a business day will be credited to your account within 24 hours of receipt. Funds confirmed received after close of business, and confirmed received on holidays or days that are not business days will be credited to your account within 24 hours of the following business day. Items you deposit today will not appear within online banking and mobile banking until the following business day.
Mobile Deposit Security You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately by telephone along with written confirmation if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, we reserve the right to monitor your deposit activity, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.
Cooperation with Investigations You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items in your possession and your records relating to items and transmissions.
Representations and Warranties You and any user you authorize will use the Service only for lawful purposes and in compliance with all applicable rules and regulations and with our reasonable instructions, rules, policies, specifications, and operating procedures and will not violate any law of any country or the intellectual property rights of any third party.
Your Responsibility You are solely responsible for the quality, completeness, accuracy, validity and integrity of the image. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible images to us or if Services are used, by authorized or unauthorized persons, to submit fraudulent unauthorized, inaccurate, incorrect or otherwise improper or unusable images to us.
In addition you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service, copy or reproduce all or any part of the technology or Service; or interfere, or attempt to interfere, with the technology or Service.
Disclaimer of Warranties You agree that your use of any remote banking service and all information and content (including that of third parties) is at your risk and is provided on an “as is” and “as available” basis. We disclaim all warranties of any kind as to the use of any remote banking service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement. We make no warranty that any remote banking service will meet your requirements or will be uninterrupted, timely, secure, or error-free. We make no warranty that the results that may be obtained will be accurate or reliable or that any errors in any remote banking service or technology will be corrected.
Limitation of liability. You agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, date or other losses incurred by you or any third party arising from or related to the use of, inability to use, or the termination of the use of any remote banking service, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), even if we have been informed of the possibility thereof, except as otherwise required by law.
Accountholder’s Indemnification Obligation You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses arising from your use of the Services and/or breach of this Disclosure and Agreement. You understand and agree that this paragraph shall survive the termination of this Agreement.
Financial Information You must inform us immediately of any material change in your financial circumstances or in any of the information provided in your Application for any Mobile Deposit Service. You agree to provide us any financial information we reasonably request during the term of this Agreement. You authorize us to review your history from time to time.
You agree to notify us immediately if you change your e-mail address and that your notification will be made by following our procedures for updating personal information. You understand that the e-mail address that we have on file for you is the address where we will send you notification of receipt of transactions as well as any other information about the Service we deem necessary to communicate to you. We are not responsible for any losses incurred as a result of you not receiving or otherwise not reading notifications or confirmations we send to you.