Remote Deposit Capture User Agreement ("Agreement")
This Agreement contains the terms and conditions for the use of FSB’s Remote Deposit Capture services that Farmers State Bank (“FSB”, “us” or “we”) may provide to you (“you” or “User”). Other agreements you have entered into with FSB, including the Depository Agreement and Disclosures governing your FSB account, are incorporated by reference and made a part of the Agreement.
- Services. The remote deposit capture services (Services”) are designed to allow you to make deposits to your checking, savings, or money market accounts from your mobile devise by taking a picture from your smart phone once logged into FSBs Mobile Baking application. There is currently no charge for the Services.
- 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 e-mail 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, FSB 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.
- Limitation 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.
- 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 FSB shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in Iowa. You agree that you will not use the Services 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.
- b. Checks or items drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are an authorized signer or joint account holder.
- c. Checks or items containing obvious 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.
- d. Checks or items previously converted to a substitute check, as defined in Reg CC.
- e. Checks or items drawn on a financial institution located outside the United States.
- f. Checks or items not payable in United States currency.
- g. Checks or items dated more than 6 months prior to the date of deposit.
- h. Checks or items prohibited by FSB’s current procedures relating to the Services or which are otherwise not acceptable under the terms of your FSB account.
- Image Quality. The image of an item transmitted to FSB 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 association. (FSB reserves the right to reject any check image that is not clear, skewed, or that is suspicious in any manner.)
- Endorsements and Procedures. You agree to restrictively endorse any item transmitted through the Services as “For deposit only, account #_____________” and your signature or as otherwise instructed by FSB. You agree to follow any and all other procedures and instructions for use of the Services as FSB may establish from time to time.
- 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. An image of an item shall be deemed received when you receive a confirmation from FSB that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
- Items Returned Unpaid. A notice will be sent to you of transactions we are unable to process because of returned items. With respect to any item that is transmitted to you for remote deposit that is credited to my Account, in the event such item is dishonored, you authorize us to debit the amount of such item from the Account. Check images that are returned for image quality adjustments will have to be submitted in paper to FSB upon receipt of notice of such, to be physically reprocessed; they may not be re-scanned.
- Email Address. You agree to notify us immediately if you change your email address, as this is the email address where we will send notifications of receipt of remote deposit items.
- Availability of Funds. You agree that items transmitted using the Services are subject to the funds availability requirements of Federal Reserve Board Regulation CC.
- Disposal of Transmitted Items. Upon your receipt of a confirmation from FSB that we have received the image of any item, you agree to prominently mark the item as “Electronically Presented” or “VOID” and to properly dispose of the item to ensure that it is not represented for payment. And, you agree never to represent the item. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to FSB as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for FSB’s audit purposes.
- 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.
- Business Day and Availability Disclosure. You understand the Services are available Monday through Friday between 8:30 a.m. to 4:00 p.m., Central Time, except during holidays, any other day we are not open for business, or such other hours as established by us from time to time. Transmissions processed after these business hours on a business day, or on any other day that is not a business day are treated as occurring on the next business day.
- Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software. FSB 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.
- In Case of Errors. In the event that you believe there has been an error with respect to any original check or image thereof transmitted to us for deposit or a breach of this Agreement, you will immediately contact us regarding such error or breach as set forth below:
Or write: Farmers State Bank
1009 Peoples Square
Waterloo, IA 50702-5740
- Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in FSB’s sole discretion subject to the Depository Agreement and Disclosures governing your account.
- Ownership & License. You agree that FSB 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 FSB’s business interest, or (iii) to FSB’s actual or potential economic disadvantage in any aspect. You may use the Services only for non-business, personal use 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.
- Change in Terms. We may change the terms and charges for the Services indicated in this Disclosure and Agreement by notifying you of such change and may amend, modify, add to, or delete from this Disclosure and Agreement from time to time My use of the Services after receipt of notification of any change by us constitutes my acceptance of the change.
- Termination of the Services. You may, by written request, terminate the Services provided for in this Disclosure and Agreement. At our sole discretion we may revoke your privilege of using the Services at any time. In the event of termination of the Services, you will remain liable for all transactions performed on your Account.
- Relationship to Other Disclosures. The information in these Disclosures applies only to the Services described herein. Provisions in other disclosure documents, as may be revised from time to time, remain effective for all other aspects of the Account.
- Governing Law. You understand and agree that this Disclosure and Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by and construed in accordance with the laws of the State of Iowa notwithstanding any conflict-of-laws doctrines of such state of other jurisdiction to the contrary. You also agree to submit to the personal jurisdiction of the courts of the State of Iowa.
- 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 WARRANY THAT THE SERVICES (ii) 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 SERVCIES 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, GOODWELL, 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 FSB HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
- User warranties and indemnification. You warrant to FSB that:
a. You will only transmit eligible items.
b. Images will meet the image quality standards.
c. You will not transmit duplicate items.
d. You will not deposit or represent the original item.
e. All information you provide to FSB is accurate and true.
f. You will comply with this Agreement and all applicable rules, laws and regulations.
You will agree to indemnify and hold harmless FSB from any loss for breach of this warranty provision.