Mobile Deposit Agreement (Personal)
This Mobile Deposit User Agreement (the “Agreement”) governs your use of the mobile remote deposit capture services that American Heritage Bank (“We” or “Us” or “AHB”) may provide to you (“you” or “your”).
Description of Remote Capture Services
Our mobile remote deposit capture services (collectively, the “Service”) allow you to send Us images of checks via your compatible mobile device, together with relevant deposit information, for deposit into your checking accounts. You may only deposit checks [as that term is defined in 12 CFR §229.2(k)] using the Service. Checks submitted to us remotely must be payable to you and are subject to verification and inspection.
The Service is an addition to your Mobile Banking service. You must be authorized to use AHB Online Banking services and be authorized to use the Mobile Banking Service to use this Service. All other agreements you have with Us, including, without limitation, the Deposit Account Agreement governing your account with Us; our Funds Availability policy; the AHB Online Information Sheet, Disclosures, and Access Agreement; and the Mobile Banking Agreement remain in full force and effect, are not modified by this Agreement and apply to your use of the Service. You should review your other agreements with Us for any other restrictions that might affect your use of the Service. If there is a conflict between any other agreement you have with Us and this Agreement, the terms and conditions of this Agreement will govern your use of the Service. These agreements, disclosures and policies were provided to you at account opening, when you signed up for the relevant service or as amended. Copies are available on request.
Should fees apply to the Service, you agree to pay us a fee for the Service as set forth in the most recent fee schedule. The fee schedule may be changed from time to time at the discretion of the Bank and we agree to provide a 30-day advance notice of any change that would increase the fee currently being assessed.
To use the Service, you must have a supported mobile device (e.g., smartphone, iPad, etc…) with a supported camera and a supported operating system, have a data plan for your mobile device, and download the App to your mobile device (collectively, the “Mobile Device”). We do not guarantee that your particular mobile device, mobile device camera, mobile device operating system or mobile carrier will be compatible with the Service.
Image of Checks for Deposit
You agree to send Us an image of the front and back of each check you deposit using the Service indorsed by you “For Deposit Only to AHB”. All images must be legible and meet standards established from time to time by the American National Standards Institute and all laws and regulations that We are required to observe, including those of any regulatory authority or any clearing house, payment system or intermediary. In the event that any image fails to meet these standards, you may be required to send us a new image.
Receipt of Checks; Presentment
We reserve the right, at our discretion, to reject any check transmitted to Us via the Service without liability to you. We are not responsible for checks We do not receive or for images that are dropped during transmission. An image of a check shall not be deemed received until you receive a confirmation of receipt from Us. However, your receipt of confirmation does not mean that the check was cleared, presented for payment or collected. The check will be deposited to your account and further processed in accordance with Our normal business practice. The timing and manner in which any check is deposited, cleared, presented for payment and collected shall be in our sole discretion subject to the agreements governing your account.
You agree that your use of the Service will at all times be in compliance with applicable law. You agree not to use the Service or the content or information delivered through the Service in any way that would: (a) violate any law, statute, ordinance or regulation; (b) be false, misleading or inaccurate; (c) create liability for Us or our service providers or cause Us to lose (in whole or in part) the services of any of our service providers; (d) potentially be perceived as illegal, offensive or objectionable; (e) interfere with or disrupt computer networks connected to the Service; (f) interfere with or disrupt the use of the Service by any other user; or (g) have the affect or appearance of conducting, or attempting to conduct, penetration tests, vulnerability scans, or other assessments of the configuration, security posture, or performance characteristics of the Service, our networks or computers.
Not all checks are eligible to be deposited using the Service. We reserve the right, in our sole discretion, to reject any deposit at any time and for any reason. You agree to scan and transmit only checks as that term is defined in Federal Reserve Regulation CC (“Reg CC”) and only those checks that are permissible under this Addendum or such other items as we, in our sole discretion, elect to include under the Service. You agree the image of the check transmitted to Us shall be deemed an “item” within the meaning of Article 4 of the applicable Uniform Commercial Code.
Ineligible Items for Deposit
You agree that you will not use the Service to scan and deposit any checks or other items as shown below:
a. Checks or items payable to any person or entity other than you, or to you and another party.
b. 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.
c. Checks or items previously converted to a substitute check, as defined in Regulation CC.
d. Checks or items drawn on a financial institution located outside the United States.
e. Checks or items that are remotely created checks, as defined in Regulation CC.
f. Checks or items not payable in United States currency.
g. Money Orders, Savings Bonds or Travelers’ Checks.
Nothing in this Addendum should be construed as requiring AHB to accept any check or item for deposit, even if AHB has accepted that type of check or item previously. Nor shall AHB be required to identify or reject any checks or items that you may scan and deposit that fail to meet the requirements of this Addendum. Deposits containing any ineligible items are grounds for the immediate termination of the Service and an immediate reversal of the transaction or credit to your account. A reversal means the amount of the item(s) deposited will be removed from your account and will reduce your account balance. The reversal may also result in a negative balance on your account.
Availability of Funds
Checks deposited via the Services by 6:00 pm CST will be considered deposited on that business day and subject to the Funds Availability disclosure provided during account opening. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited using the Services will generally be made available on the first business day after the day of deposit.
Retention and Disposal of Transmitted Checks
You agree to retain any check transmitted to Us using the Service for no more than 14 days after receipt of a confirmation from Us that We have received the image. During such time, you agree to promptly provide the check to Us upon request. After the item has posted to your account, you agree to prominently mark the check or item with “Mobile Deposit and the date of deposit”. You agree never to represent to Us or any other party a check or item that has been deposited through the Service unless we notify you that the check or item will not be accepted for deposit through the Service. You agree to destroy or otherwise properly dispose of checks and items that have been accepted for deposit through the Service and have cleared to ensure that such checks and items are not represented for payment and, prior to disposal or destruction, to safeguard such checks and items.
You may not make deposits under this Agreement in excess of the lesser of $2,000 per day or 5 checks per day, $5,000 per month or 10 checks per month. This amount may vary based on your relationship with us. You may not deposit any check more than one time. You agree that We may change these limits from time to time without prior notice to you. We may reject any deposit that exceeds the limits in effect at the time the deposit is made. 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.
You agree to carefully review each account statement that you receive from Us. You agree to promptly notify Us, and in no event later than 30 days after the date of the applicable statement, if you believe that there has been an error regarding any check deposited using the Service. Unless you notify Us within such 30 day period, each account statement shall be deemed correct, and you are prohibited from bringing a claim against Us for any alleged error.
Misdirected and Intercepted Transmissions
You accept the risk that electronic communications may be misdirected or intercepted by third parties when you use the Service, and you agree that We bear no liability to you or others for any such intercepted or misdirected communications.
Your Representations, Warranties and Covenants
In addition to the representations, warranties and covenants in your other account documents, you represent, warrant and covenant that (i) you will only transmit eligible checks; (ii) you will not transmit duplicate checks nor re-deposit or re-present the original check; and (iii) you will comply with this Agreement and all applicable laws, rules and regulations.
We may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
Interruption of Service
AHB is not responsible for any damages or loss of any kind from the use of the Mobile Remote Deposit system or inability to use this system by any party, or in connection with any failure of performance, SECURITY LOCKOUT, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, or in any way connected with the use of the Mobile Remote Deposit system, even if AHB or representatives thereof are advised of the possibility of such damages, losses or expenses, whether based on contract, tort, strict liability or otherwise. You are responsible for all equipment and software required to access and run Mobile Remote Deposit and all equipment and software used in conjunction with the Mobile Remote Deposit services and features.
You agree to indemnify and hold harmless Us and each of our directors, officers, employees, agents, successors and assigns (each, an “Indemnitee”) from and against any and all liability, loss and/or damage of any kind (including attorneys’ fees and other costs incurred in connection therewith) incurred by or asserted against an Indemnitee in any way relating to or arising out of your (a) breach of any representation, warranty or covenant contained in this Agreement, and/or (b) use of the Service, except to the extent that such liability, loss or damage is proximately caused by the gross negligence or willful misconduct of such Indemnitee.
Either you or AHB may terminate this Agreement and your Mobile Remote Deposit service at any time and without notice.
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE SERVICE AND ALL INFORMATION AND/OR 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 THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (b) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND/OR (c) ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Oklahoma.
Electronic Mail (email)
You may choose to communicate with AHB using electronic mail. However, be advised that email transmissions are not secure. We strongly discourage you from sending confidential account information to AHB via email. AHB is not responsible for any error or problems of any kind involving your email. At no time will any AHB employee ask for confidential information over email.
AHB may, periodically, introduce new Mobile Banking services. We will notify you of any new services. By using the new services when they become available, you agree to be bound by the terms and conditions concerning these services.
Contacting American Heritage Bank
To notify AHB, call (918) 224-3210 or write us at the following address: PO Box 1408, Sapulpa, OK 74067-1408.