Mobile Remote Deposit Capture
1. General Terms. Mobile remote deposit capture services (mRDC) are designed to allow you to make deposits to your eligible checking, savings, or money market savings accounts from your mobile device. mRDC service allows you to create and submit electronic check images to us for deposit to your deposit account(s) that have been activated on your mRDC service. We retain the ability to either approve or deny your use of mRDC in our sole discretion.
2. Required Mobile Banking Application. You must obtain mRDC services within our mobile application. You must comply with the mobile device hardware, software and other requirements, as well as applicable Security Procedures, as set forth in this Agreement and in any documentation or supplemental information or instructions we provide. You understand that if you fail to comply with such mobile device hardware, software and other requirements you may be unable to generate an acceptable image to complete a mRDC deposit.
3. Security. We reserve the right to impose reasonable requirements to maintain the appropriate level of security for our mobile banking application. You agree to abide by such requirements. You should implement and follow your own commercially reasonable hardware, software, physical access and physical storage security procedures regarding any data owned by you, which includes such data containing your personally identifiable information of any individual, and that your failure to do so could compromise the security of your information.
4. Ineligible Items. You agree to scan and deposit only “checks” as that term is defined in Regulation CC. You agree that the image of a check transmitted to us shall be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code. You may not use your mRDC service to submit any of the following:
5. Endorsements and Procedures. You agree to endorse each check transmitted through mRDC with your signature or any other endorsement that may be required by us. You agree to follow any and all other procedures and instructions for use of the mRDC service as we may establish from time to time. You must have linked your deposit account for credit with the mRDC in order to make a deposit in that account.
6. Receipt of Items. We reserve the right to reject any item transmitted through mRDC, at our discretion, without liability to you. We are not responsible for items we do not receive, such as an image that is dropped during transmission. An item shall be deemed received when you receive a confirmation from us that we have received the image. Receipt of this confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. We reserve the right to charge back to your account at any time, any item that was subsequently returned to us or that we subsequently determine was not an eligible item. You agree that we are not liable to you for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.
7. Availability of Funds. You agree that items transmitted using mRDC are not subject to the funds availability requirements of Reg. CC. In general, if an image of an item you transmit through mRDC is received and accepted before 5:00 p.m. EST on a business day, 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. Funds deposited using mRDC will generally be available the following business day from the day of the deposit. We may make such funds available sooner 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 we, in our sole discretion, deem relevant. In some cases we may not make funds deposited using mRDC available in accordance with this general policy. Should this occur, a communication will be sent to you, informing you as to when your funds will be available. In the event we receive an item you transmit through mRDC where we have reason to doubt the collectability of that item, we may delay the availability of funds for a reasonable period of time until the item is either paid or returned. In such cases we will notify you of this action.
8. Disposal of Transmitted Items. You agree to retain each check you transmit or attempt to transmit using mRDC services for forty-five (45) calendar days or upon receipt of first bank statement after the date of the image transmission or attempted transmission, whichever occurs first. After that period, you agree to destroy the check, mark it “VOID”, or otherwise render it incapable of further transmission, deposit, or presentment. You agree that you will take all necessary efforts to safeguard any checks until they are destroyed. During the time the retained check is available, you agree to promptly provide it to us upon request.
9. Deposit Limits. We have establish a daily limit of $2,500.00 and a monthly limit of $5,000.00 on the dollar amount deposited and we may set a limit on the number of items of deposits that you may transmit using the mRDC service, and may modify those 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, that 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.
10. Presentment. The manner in which any item transmitted through the mRDC service is cleared, presented for payment, and collected shall be in our sole discretion, subject to the Deposit Agreement governing the account in which the item is deposited.
11. Errors. You agree to notify us of any suspected errors regarding items deposited through the mRDC service right away, and in no event later than 60 days after the applicable The Geo. D. Warthen Bank account statement is sent. Unless you notify us within 60 days, such statement regarding all deposits made through the mRDC service shall be deemed correct, and you are prohibited from bringing a claim against us for such alleged error.
12. Charges. There is no fee for mRDC services. However, you may incur charges from your mobile service carrier or other unaffiliated service providers for data usage, text message, or other services. Please consult your mobile service carrier.
13. Limitations of Service. When using mRDC you may experience technical or other difficulties. We do not assume responsibility for any technical or other difficulties or any resulting damages that you may incur. The mRDC service has an eligibility requirement, and we reserve the right to change the eligibility requirements at any time without notice. We reserve the right to change, suspend or discontinue the service, in whole or in part, or to terminate your use of the mRDC service, in whole or in part, immediately and at any time without notice to you.
14. Errors in Transmission. By using mRDC you accept the risk that an item may be intercepted or misdirected during transmission. The Geo. D. Warthen Bank bears no liability to you or others for such interception or misdirected items or information disclosed through such errors.
15. Image Quality. The image of an item transmitted to us using the mRDC must be legible, as determined in the sole discretion of The Geo. D. Warthen Bank. Without limited the foregoing, the image quality of the items must comply with the requirements established from time to time by The Geo. D. Warthen Bank, ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.
16. Credited Account. You may use mRDC to make deposits into any of your eligible Geo. D. Warthen Bank accounts. The initial set up of your mRDC will only give you access to make deposits in one account, being the account you provided as your account number in the initial set up. You may add other accounts to the mRDC service by contacting our Electronic Banking team at (478)552-6901 or via email email@example.com.
17. Your Promises and Indemnification. You promise The Geo. D. Warthen Bank that: (i) you will not transmit any ineligible items; (ii) you will not transmit duplicate items; (iii) you will not transmit any item if you are aware of any facts or circumstances that may impair the collectability of the item; (iv) the digital image of the check transmitted to us is a true and correct image of the original paper check and has not been altered in any manner by you or any third party acting on your behalf; (v) you have reviewed and confirmed that the image captured is identical in all respects to the original paper check and that the amount of the check captured is accurate; (vi) you will not re-deposit or re-present the original item; (vii) all information you provide to us is accurate and true; and (viii) you will comply with this Agreement and all applicable rules, laws and regulations in using mRDC services.
18. Cooperation with Investigations. You agree to cooperate with us in the investigation of unusual transactions or poor quality transmissions, and in the resolution of claims related to items transmitted through the mRDC service, including by providing, upon request and without further cost, any originals or copies of items deposited through mRDC service in your possession and your records relating to such items and transmissions.
19. Mobile Device Specifications. In order to download, install and use the Mobile Banking application, which is required to use mRDC, you must have one of the following operating systems on your mobile device: iOS 13 or Android OS 6.0 SDK 23. Technology changes rapidly. Your device must be able to take a photograph and transmit a photograph via web interface. The quality of the photo must meet the specifications described herein. If you are unable to access our Mobile Banking application or mRDC please contact our Electronic Banking representatives at (478)552-6901 for a list of the currently supported mobile device operating systems and for other technical assistance.
20. Ownership and License. You agree that The Geo. D. Warthen Bank retains all ownership and proprietary rights in the mRDC service, associated content, technology, and website(s). Your use of the mRDC service is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, your breach of this Agreement immediately terminates your right to use the mRDC service. Without limiting the restriction of the foregoing, you may not use the mRDC service: (i) in any anti-competitive manner; (ii) for any purpose that would be contrary to our business interest; or (iii) to our actual or potential economic disadvantage in any aspect. You may not copy, reproduce, distribute or create derivate works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the mRDC service.
21. Additional Terms. The terms in this section serve to supplement the other terms in this Agreement and the Deposit Agreement. In the event of conflict or inconsistency between the terms of the Deposit Agreement, or any other agreement between you and us and the terms of this section of this Agreement, the terms of the section shall control, but only to the extent of such conflict or inconsistency.
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