Mobile Deposit Terms of Use

Mobile Remote Deposit Capture User Agreement ("Agreement")


Mobile Deposit FAQ and Helpful Hints for a Successful Mobile Deposit

General Information

This Agreement contains the terms and conditions for the use of First National Bank's Mobile Deposit, and/or other remote deposit capture services that First National Bank ("First National Bank," "us," or "we") or its affiliates may provide to you ("you" or "User"). Other agreements you have entered into with First National Bank, including the Depository Agreement and Disclosures governing your First National Bank account, are incorporated by reference and made a part of this Agreement.

Definitions

  • You and Yours – Those who sign as applicants or each and all signers on an account.
  • Account – any type of account of “yours” held at First National Bank of Chadron
  • Transaction – all debits or credits on an account, including withdrawals, deposits, and transfers
  • Our, We, Us, and Bank – First National Bank of Chadron
  • Bank Business Day – Monday through Friday, excluding legal federal holidays.

1. General Terms/Services

The remote deposit capture services ("Services") are designed to allow you to make deposits to your checking and savings accounts using your approved mobile device and scanning checks and delivering the image and associated deposit information to First National Bank or First National Bank’s designated processor.


2. Acceptance of these Terms

Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via your mobile app or on our website(s) by providing a link to the revised Agreement. Your continued use of the Services will indicate your acceptance of the revised Agreement. Further, First National Bank reserves the right, in its sole discretion, to change, modify, add or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.


3. Limitations of Service

When using the Services, you may experience technical or other difficulties. We cannot assume responsibility 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 Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.


4. Eligible Items

You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC ("Reg. CC"). You agree that the image of the check transmitted to First National Bank shall be deemed an ''item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code.

You agree that you will not use the Services to scan and deposit any checks or other items as shown below which shall be considered ineligible items:

  • Checks or items payable to any person or entity other than you.
  • Checks or items containing an 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 or items previously converted to a substitute check, as defined in Reg. CC.
  • Checks or items drawn on a financial institution located outside the United States.
  • Checks or items that are remotely created checks, as defined in Reg. CC.
  • Checks or items not payable in United States currency.
  • Checks or items dated more than 6 months prior to the date of deposit.
  • Checks or items prohibited by First National Bank’s current procedures relating to the services or which are otherwise not acceptable under the terms of your First National Bank account.
  • Checks payable on sight or payable through Drafts, as defined in Reg. CC.
  • Checks with any endorsement on the back other than that specified in this agreement.

5. Image Quality

The image of an item transmitted to First National Bank using the Services must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.


6. Endorsements and Procedures

You agree to restrictively endorse any item transmitted through the Services with your signature and writing "for Mobile Deposit" under your signature. You agree to follow any and all other procedures and instructions for use of the Services as First National Bank may establish from time to time.


7. Receipt of Items

We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. We further reserve the right to charge back to your account at any time; any item that we subsequently determine was not an eligible item. You agree that First National Bank is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.


8. Availability of Funds

You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. In general, if an image of an item you transmit through the Service is received and accepted before 3:00 p.m. Mountain Time on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. First National Bank may delay availability of funds based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as First National Bank, in its sole discretion, deems relevant.

 


9. Disposal of Transmitted Items

Upon confirmation from First National Bank that we have received the image of an item and your deposit is listed as “APPROVED” in your app, you agree to prominently mark the item as "Electronically Presented" on the front of the check and to properly dispose of the item after 60 business days to ensure that it is not re-presented for payment. And, you agree never to re-present the item unless directed to by First National Bank. If needed within the 60 days, you will promptly provide any retained item to First National Bank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for First National Bank’s audit purposes.


10. Deposit Limits

We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Services and to modify such limits 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. The current daily dollar limit is $5,000.00 and the current weekly limit is $20,000.00. Any deposit limits, whether by dollar limit or number of items is subject to change at the discretion of First National Bank.


11. Hardware and Software

In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by First National Bank from time to time.


12. Errors

You agree to notify First National Bank of any suspected errors regarding items deposited through the Services right away, and in no event later than 45 days after the applicable First National Bank’s account statement is sent. Unless you notify First National Bank within 45 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against First National Bank for such alleged error.


13. Errors in Transmission

By using the Services you accept the risk that an item may be intercepted or misdirected during transmission. First National Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.


14. Presentment

The manner in which the items are cleared, presented for payment, and collected shall be in First National Bank’s sole discretion subject to the Depository Agreement and Disclosures governing your account.


15. Ownership & License

You agree that First National Bank retains all ownership and proprietary rights in the Services associated content, technology, and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to First National Bank’s business interest, or (iii) to First National Bank’s actual or potential economic disadvantage in any aspect. You may use the Services only in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.


16. Cooperation with Investigations

You agree to cooperate with First National Bank 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 deposited through the Service in your possession and your records relating to such items and transmissions.


17. DISCLAIMER OF WARRANTIES

YOU AGREE YOUR USE OF THE SERVICES 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 THE SERVICES, 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 THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.


18. 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, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES 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 THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF FIRST NATIONAL BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.


19. User Warranties and Indemnification

You warrant to First National Bank that:

  • You will only transmit eligible items.
  • Images will meet the image quality standards.
  • You will not transmit duplicate items.
  • You will not deposit or represent the original item.
  • All information you provide to First National Bank is accurate and true.
  • You will comply with this Agreement and all applicable rules, laws, and regulations.
  • You agree to indemnify and hold harmless First National Bank from any loss for breach of this warranty provision.

20. Fees

First National Bank does not charge for this service. First National Bank will not be responsible for any fees that your wireless carrier may charge you.


21. User Security

You agree to keep your mobile device secure and to close your Mobile Banking Application when not in use. If you suspect your mobile device has been lost or stolen, you must notify First National Bank immediately by calling 308.432.5552.


22. Other Terms

You may not assign this Agreement. This Agreement shall be governed by the laws of the State of Nebraska and of the United States. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.



My use of First National Bank’s Mobile Deposit services signify that I have read and agree to the terms and conditions of the Electronic Fund Transfers Disclosure; which has been provided to me electronically by First National Bank.

 


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