Mobile Deposit Terms & Conditions First National Bank of Stigler Deposit Addendum ("Addendum") to the Online Account Agreement for First National Bank of Stigler Online Banking.
"You" and "your" means: (i) a person who has enrolled in both the Bank's Online Banking service and the Service for business use by that authorized representative. "Bank", "we", "us" and "our" mean First National Bank of Stigler and its successors or assigns. "Account" means your deposit account with us to which you are authorized to make a deposit using Hardware. "Hardware" means any device acceptable to us from time to time that provides for the capture of Images from Items and for transmission through the clearing process. "Check 21" means the Check Clearing for the 21st Century Act. "Check 21 Transactions" means an electronic payment transaction utilizing an "IRD" permitted by Check 21. "Image" means an electronic image of the front and back of an item, in addition to other required information, as specified by us, in the format we specify. "Image Replacement Document" or "IRD" means a substitute check, as defined by Check 21. An "Item" is an original: check, cashier’s check, official check, U.S. Treasury check, traveler's check or money order drawn on a financial institution within the United States and payable in U.S. currency that is payable to you. Items are deemed to be "items" under the Uniform Commercial Code and "checks" under The Expedited Funds Availability Act and Regulation CC. "Service" means the mobile check deposit processing service provided to You under this Agreement.
I. MOBILE CHECK DEPOSIT SERVICE
Pursuant to the terms of this Agreement, you may use the Service to deposit Items to your Account by creating an Image of the Item using acceptable Hardware and transmitting that Image to us for deposit.
II. HARDWARE AND SOFTWARE REQUIREMENTS
You are responsible for the security of the Hardware, and for allowing its use only by individuals authorized by you. You agree to implement and maintain internal security controls to protect the Hardware and customer information. You are responsible for all costs of using the Service and operating Hardware, including, but not limited to cellular and internet service charges. You are responsible for maintaining the system's capacity and connectivity required for use of the Service.
III. IMAGE QUALITY
You are responsible for the image quality of any Image that you transmit. If an Image that we receive from you or for deposit to your Account is not of sufficient quality to satisfy our image quality standards as we may establish them from time to time, we may reject the Image without prior notice to you. Each Image must include the front and back of the Item and the following information must be clearly readable: *Amount, *Payee Name, *Drawer Signature, *Date, *Check Number, *Account Number, *Routing and Transit Number, "MICR (Magnetic Ink Character Recognition) Line, and any endorsement or other information written on the check.
IV. PROCESSING IMAGES
You authorize us to process any Image that you send us or convert an Image to an Image Replacement Document. You authorize us and any other bank to which an Image is sent to handle the Image or IRD.
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. You may deposit up to $5,000 into a qualified account daily. Each item deposited may not exceed $2,500. A maximum of 10 items may be deposited per day.
VI. DEPOSIT OF OTHER ITEMS; DEPOSITS WHEN SERVICE NOT AVAILABLE
You agree that you will not use the Service to deposit anything not meeting the definition of an Item. If you use the Service to transmit anything that is not an Item, or if for any reason we are not able to recognize it as an Item, we may reject it without prior notice to you. You agree to make those deposits through the other channels that we offer, such as at our physical bank location or bank by mail. You further agree to use such other channels when the Service may not be available.
VII. RETURNED ITEMS
You are solely responsible for any item for which you have been given provisional credit, and any such Item that is returned or rejected may be charged to your Account. You acknowledge that all credits received for deposits made through the Service are provisional, subject to verification and final settlement. Any Item that we return to you will be returned in the form of an Image or an IRD.
VIII. HANDLING OF TRANSMITTED ITEMS
You agree to properly endorse all Items that you deposit via the Service and to include in the top line of the endorsement the handwritten words "For Mobile Deposit Only" and then to write “FNB Stigler” or “First National Bank of Stigler” underneath the “For Mobile Deposit Only”. You agree not to allow an Item to be deposited or presented for payment more than once, to the extent that it could result in the payment of the Item more than once. You will not allow the transmission of an Image that has already been presented to us or to any bank by any other means. You will not allow transmission of an Image of an Item that has already been transmitted through the Service. If an Image of an Item has been transmitted to us or to any other bank, you will not allow the Item to be subsequently presented by any other means. If any Item is presented or deposited more than once, whether by Image or by any other means, we may, at our discretion, reject it or return it and charge it against your Account without prior notice to you. In addition, you may be suspended from the Service. If we return an Item to you unpaid for any reason (for example, because payment was stopped or there were insufficient funds to it) you agree not to redeposit that Item via the Service.
IX. RETENTION OF ORIGINAL CHECK
Once your check image has been credited to your account, you must mark the original check by writing “Mobile Deposit” on the front with the date and retain the check for sixty (60) days. You may not present the original check or image or substitute check created from the original check for payment at any other financial institution. During the 60-day period, you must store the original paper check securely and you must make the original paper check available to us for review at any time as necessary for us to facilitate the clearing and collection process, to address third-party claims, or for our own audit purposes. Should you fail to produce the original paper check, you authorize us to deduct the amount of the check in question from your account, regardless of whether such action my cause your account to not have sufficient funds, and to pay any associated fees. Immediately after this 60-day period, you must destroy the original paper check.
X. COOPERATION WITH INVESTIGATIONS
You agree to cooperate with us in the investigation of transactions, including unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies in your possession and your records relating to Items and transmissions.
XI. PAYMENT PROCESSING
a. Item Processing. At our sole discretion, we may process the Images you send to us electronically through other banks, or we may create Image Replacement Documents that will be processed through traditional check processing methods. If you send us Images that are incomplete, that fail to satisfy our image quality requirements, or otherwise do not allow us to meet the requirements of Check 21 or any image exchange agreement that would cover our further electronic transmission of Images that you send us, or we are otherwise unable to process Images that you send us, we may charge the Images back to your account. You agree to be bound by any clearinghouse agreements, operating circulars, and image exchange agreements to which we are a party.
b. Transmission of Items. The Images you send us are not considered received by us until you receive a message from us acknowledging that we have received your deposit. However, the confirmation that we send you does not mean that the transmission was complete or error free.
c. The established cut off time for mobile remote deposit capture items is 2:00pm CST. If the deposit is categorized as an exception item or requires additional manual review, the item may not be processed until the next business day. The consumer will receive notification that the item is under review. Furthermore, all deposits are subject to review. Funds may not be available for immediate withdrawal. Deposits received after the cut off time of 2:00 CST may be processed the next business day. Deposits are considered received once they have been reviewed, approved, and posted to your account.
d. Exception Items. Each Business Day on which we review and process your Electronic Item(s), we will use commercially reasonable efforts to review each Electronic Item and to reject any Electronic Item that we in our sole discretion determine to be ineligible for the Service (each, an "Exception Item"). *"Exception Item" includes, without limitation, an Electronic Item that (a) is illegible or contains MICR data that is not machine-readable, (b) was previously processed as an Electronic Item, or (c) is drawn on banks located outside the United States and is not payable at or through a bank located within the United States. We will notify you of each Exception Item through The First National Bank of Stigler Online Banking platform, or through other communication channels at our discretion. If you wish to attempt to deposit any Exception Item to your Account, you shall do so only by depositing the original Paper Item on which the Exception Item is based or as otherwise agreed between us. Even if we do not initially identify an Electronic Item as an Exception Item when we review and process the Electronic Item to which the Exception Item relates, the Electronic Item, substitute check, or the purported substitute check created by us from it may nevertheless be returned to us because, among other reasons, the Paying Bank determines that such item or check is illegible or missing an image. Our failure to identify an Exception Item shall not preclude or limit the obligation of you to The First National Bank of Stigler.
e. You agree that you will not use the Service to scan and deposit any checks or other items as shown below:
- Checks or items payable to any person or entity other than you, or to you and another party.
- Checks payable to any person or entity other than the person or entity that owns the account that check is being deposited into.
- Checks or items containing alteration to any of the fields on the front of the check or item (including the MICR line), 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 or items previously converted to a substitute check, as defined by Reg CC.
- Checks or items drawn on financial institutions located outside of the United States.
- Checks or items on which a stop payment has been issued or for which there are insufficient funds.
- Checks or items prohibited by our current procedures relating to the Service or which are otherwise not acceptable under the terms of your Mobile Account.
- Checks with any endorsement on the back other than that specified in the Mobile Check Deposit Terms and Conditions.
- Insurance drafts.
- Credit card cash advance checks or other checks that activate a loan advance and /or loan agreement.
- Checks or items that are post-dated or stale dated.
- Checks that require restricted endorsements.
Nothing in the Mobile Check Deposit Terms and Conditions should be construed as requiring The First National Bank of Stigler to accept any check or item for deposit, even if The First National Bank of Stigler has accepted that type of check or item previously. Nor shall The First National Bank of Stigler be required to identify or reject any checks or items that you may scan and deposit that fail to meet the requirements of the terms and conditions.
This service is provided with eChecking accounts at no cost with the limit of 10 items that may be processed per month. Each item above the 10 item limit per month will incur a $0.25 fee per item. If, the account you have does not include Mobile Deposit it may be included for a fee of $0.25 per item. This charge will be debited from your account on a monthly basis. A maximum of 10 items may be deposited per day. You are responsible for paying the fees for use of the Service as the Bank may change them at our discretion. We may notify you of the change, to the extent required by applicable law. You authorize the Bank to deduct such fees from any account in your name. Wireless fees and internet access fees may apply. Contact your service provider for details.
XIII. INTELLECTUAL PROPERTY
This Agreement does not transfer to you any ownership or proprietary rights in the Service, or any part thereof. We or our agents retain all intellectual property rights, title and interest in and to the Service. Neither you nor any user you authorize will (a) sell, lease, distribute or sublicense the Service; (b) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the Service or any part of it in any way for any reason; (c) provide, disclose, divulge or make available to or permit use of the Service by any third party; (d) copy or reproduce all or any part of the Service; or (e) interfere, or attempt to interfere, with the Service in any way.
We may terminate or suspend the Service, or your use of the Service, at any time. You may terminate your use of the Service at any time by giving notice to us. Your notice will not be effective until we receive your notice of termination and we have had a reasonable time to act upon it. Notwithstanding termination, any Image transmitted through the Service shall be subject to this Agreement
We may change this Agreement at any time. We may add new terms and conditions and we may delete or amend existing terms and conditions. We generally send you advance notice of the change. If a change is favorable to you, however, we may make the change at any time without advance notice. If you do not agree with the change, you may discontinue using the Service. However, if you continue to us the Service, that may be deemed your acceptance of and agreement to the change.