PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS BEFORE PROCEEDING:
This Mobile Deposit Agreement (the “Agreement”) is entered into by Peoples Bank & Trust (PB&T) and you. The Agreement governs your use of the Mobile Deposit Service offered by Peoples Bank & Trust (the “Service”). By enrolling to use the Service, you agree to be bound by the terms and conditions contained in this Agreement:
- Description of Service. Mobile Deposit allows you to deposit money into certain PB&T accounts with your mobile device using the Mobile Deposit Application or “APP”. To use Mobile Deposit, you must be a PB&T account holder and have agreed to the Online Banking and Mobile Banking User Agreements. You may transmit deposits to PB&T electronically only from a mobile device located in the United States.
- Fees. Depending on the type of account(s) you have with PB&T, there may be a fee to use Mobile Deposit. If applicable, you agree to pay the fee for the Service as set forth in our fee schedule and as may be changed from time to time. Internet data usage rates may apply from your Internet service provider or mobile carrier.
- Equipment. To use Mobile Deposit, you must have a supported mobile device, such as a smartphone or tablet that is compatible with the APP, with a camera and a supported operating system, have a data plan for your mobile device, and download the APP to your mobile device. We do not guarantee that all mobile devices and operating systems are compatible with the Service.
- Eligible Items. You agree that you will use the Service only to scan and transmit “checks” as that term is defined in Federal Reserve Regulation CC (“Reg CC”) and that are not restricted as listed below. You agree that the image of the check transmitted to PB&T (each such check image a “check”) shall be deemed an “item” within the meaning of the Uniform Commercial Code.
- Types of Checks. You can only deposit checks using Mobile Deposit, however, there are some checks which cannot be deposited using Mobile Deposit. You cannot deposit:
- Checks payable to any person or entity other than you, or to you and another party.
- Checks containing any alteration of which you know or believe to be fraudulent or not authorized by the owner of the account on which the check is drawn.
- Checks that are not in original form with an original signature, such as substitute checks or remotely created checks.
- Checks dated more than six (6) months prior to the date of deposit.
- Checks displaying a future date.
- Checks that are a United States Savings Bond, money order or convenience check.
- Checks that have been previously returned to you by PB&T.
- Checks drawn on a financial institution located outside the United States.
- Checks that otherwise are not acceptable under the terms of your account agreement with PB&T.
- Checks not payable in United States currency.c
- Checks on which a stop payment order has been issued or for which there are insufficient funds.
- PB&T reserves the right to verify the validity of information in any check and may reject an item for deposit for any reason. PB&T will not be liable to you for such rejection. If PB&T rejects an item, you will need to deposit the item using other means. Deposits made through Mobile Deposit are not subject to PB&T’s funds availability policy.
- Receipt of Deposits. We reserve the right to reject any check transmitted through the Service, at our discretion, without liability to you. PB&T is not responsible for processing or transmission errors that may occur, or for deposited items that we do not receive.
- Cut-Off Times for Deposits. Deposits sent using Mobile Deposit may be “submitted” any time of day, weekend, or holiday. However, Mobile Deposits received by us after the daily cut-off time for electronic deposits will be deposited the next business day, provided that the deposit meets all requirements. Mobile Deposits submitted on holidays or weekends will also be deposited the next business day, provided it meets all requirements. The daily cut-off time for electronic deposits is 3:00 p.m. and is subject to change without notice to you.
- Availability of Funds Deposited. Mobile Deposits are not subject to the PB&T’s funds availability policy. Once deposited, subject to the cut-off time described above, our policy is to make funds from your check deposits available to you on the second business day after the day we receive your deposit. Checks are subject to verification by PB&T and may be rejected for any reason without liability to you. If the check is verified by PB&T, the balance of the check will be made available to you the second business day after the day of deposit in most cases. In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:
We believe a check you deposit will not be paid.
You deposit checks totaling more than $5,000.00 on any one day.
There is an emergency, such as failure of computer or communications equipment.
You have overdrawn your account repeatedly in the last six months.
We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit.
- Endorsements and Procedures. You agree to properly endorse any item transmitted through Mobile Deposit. You agree to follow any and all other procedures and instructions for use of the Service as PB&T may establish from time to time (such procedures and instructions, the “Procedures”). Endorsements must be made on the back of the check within 1 ½ inches from the top edge, although PB&T may accept endorsements outside this space. Any loss PB&T incurs from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.
- Image Quality. The front and back images of an item transmitted to us must be legible. Items with poor image quality may delay the deposit process, and you may be instructed to deposit the check using other methods. You agree that we shall not be liable for any damages resulting from items with poor image quality, including those related to rejection of, or the delayed or improper crediting of such a check, or from any inaccurate information you supply regarding the check or item.
- Errors. You must notify us of any errors, or suspected errors, related to the items deposited through the Service as soon as possible after they occur, and in no event later than 60 days after the related account statement is sent. You can contact us by calling 770-932-1900 or by visiting the bank. Unless you notify us within 60 days, the account statement containing the deposits made through the Service is deemed correct, and you cannot bring a claim against us for any alleged errors.
- Deposit Limits. We may establish limits on the number of checks and/or the total amount of checks deposited using Mobile Deposit. Checks deposited using Mobile Deposit are limited to a maximum dollar amount of $2,000 each and a maximum total dollar amount of $4,000 in any one business day. These limits may change from time to time without notice. Items transmitted that exceed your limits may result in a rejection of the deposit.
- Destruction of Original Check. Upon confirming that you received full credit for the check deposited, you must destroy the check by shredding or other means, or clearly mark “VOID” or “Electronically Deposited” on the front and back of the check. This prevents the check from being presented for deposit another time. You agree never to re-present to us or any other party a check or item that has been deposited through the Service. You will be liable for checks that are presented and/or deposited more than once. After destruction of the original check, the image will be the sole evidence of the original check.
- Returned Deposits. Any credit to your account for checks deposited using Mobile Deposit is provisional. If original checks deposited through Mobile Deposit are dishonored, rejected or otherwise returned unpaid by the drawee bank, or are rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the image, you agree that an original check will not be returned to you, but that we may charge back the amount of the original check and provide you with an image of the original check, a paper reproduction of the original check or a substitute check. You will reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned item including, but not limited to, any attorney fees incurred. Without our approval, you shall not attempt to deposit or otherwise negotiate an original check if it has been charged back to you.
- Your Obligations. You are solely responsible for the quality, completeness, accuracy, validity and integrity of the check. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible checks to us or if Mobile Deposit is used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable checks to us.
- Right of Setoff. We may debit any of your accounts with us to obtain payment for any item that has been rejected or returned, for any adjustment related to such item for any warranty claim related to such item (whether or not the rejection, return, adjustment or warranty claim was made timely), or for any other amounts owed to us under the terms of this Agreement.
- Contingency Plan. In the event you are unable to capture, balance, process, produce or transmit a check to PB&T, or otherwise comply with the terms or the procedures for any reason, including but not limited to, communications, equipment or software outages, interruptions or failures, you may transport or mail the originals of all checks to 1899 Buford Highway, Buford, GA 30518. The deposit of original checks of PB&T shall be governed by the terms and conditions of the Deposit Account Agreement and not by the terms of this Agreement.
- Indemnity. You warrant to PB&T that:
- You will only transmit eligible checks and items that you are entitled to, and ensure that all checks include all required signatures and endorsements.
- Images will meet PB&T image quality standards.
- You will not transmit an image or images of the same check to us more than once and will not deposit or negotiate, or seek to deposit or negotiate, such check or item with any other party.
- You will not deposit or re-present the original check for deposit.
- All information you provide to us is accurate and true, and that all transmitted images accurately reflect the front and back of the check.
- You will comply with this Agreement and all applicable rules, laws and regulations.
- You will use the Service only for your own deposits.
- You will not exceed the deposit limit for Mobile Deposits as established by PB&T.
- You understand and agree that you are required to indemnify PB&T and hold us harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses arising from your use of the Service and/or breach of this Agreement (including, but not limited to, any breach of the warranties, representations, or obligations contained in this Agreement). You understand and agree that this paragraph shall survive the termination of this Agreement.
- Security of Your Mobile Device. You are responsible for (i) maintaining the confidentiality and security of your mobile devices, access number(s), password(s), security question(s) and answer(s), account number (s), login information, and any other security or access information, used by you to access the Service, and (ii) preventing unauthorized access to or use of the information, files or data that you store, transmit or use in or with the Service. You agree not to supply your access information to anyone and to immediately notify us if you become aware of any loss, theft or unauthorized use of any access information, including your mobile devices. We reserve the right to deny you access to the Service if we believe that any loss, theft or unauthorized use of access information has occurred.
- Limitations. When using Mobile Deposit, you may experience technical or other difficulties that are outside the control of PB&T. We are not responsible for damages that you may incur as a result of these difficulties or unavailability of the Service.
- Changes to the Service. We reserve the right to terminate, modify, add and remove features from the Service at any time in our sole discretion. You may reject changes by discontinuing use of the Service. Your continued use of the Service will constitute your acceptance of and agreement to such changes. Maintenance to the Service may be performed from time-to-time resulting in interrupted service, delays or errors in the Service and we shall have no liability for any such interruptions, delays or errors.
- Termination. We may turn off the service to you if we suspect fraud, if you misuse Mobile Deposit, have excessive overdrafts or returned items or for other reasons at our sole discretion.
- Ownership and License. You agree that PB&T and its Third Party Service Providers, including Fiserv Solutions, Inc., retain all ownership and proprietary rights in the Service, associated content, technology, and website(s). You agree not to copy, disassemble, decompile, or otherwise reverse engineer any part of the Service, including the APP. You may use the Service only for your own benefit. 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 Service. In the event that you attempt to use, copy, license, sublicense, sell or otherwise convey or to disclose the APP or any other part of the Service, in any manner contrary to the terms of this Addendum, we shall have, in addition to any other remedies available to us, the right to injunctive relief enjoining such actions.
- Third Party Beneficiary. You agree that our Third Party Service Providers, including Fiserv Solutions, Inc., may rely upon the provisions of this Agreement, including its disclaimer of warranties and any limitations of liability and that such Third Party Service Providers are, for the purpose of this Agreement, third party beneficiaries to this Agreement with the power to enforce this Agreement.
- Limitation of Liability and Disclaimer of Warranties. WE ARE ONLY RESPONSIBLE FOR PERFORMING THE SERVICE AS EXPRESSLY STATED IN THIS ADDENDUM. THERE IS NO GUARANTEE THAT ACCESS TO THE SERVICE WILL BE AVAILABLE AT ALL TIMES AND WE SHALL NOT BE LIABLE IF YOU ARE UNABLE TO ACCESS THE SERVICE. THE SERVICE IS PROVIDED “AS IS” AND, EXCEPT AS PROHIBITED BY LAW, WE AND OUR THIRD PARTY SERVICE PROVIDERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING THE SERVICE, APP, EQUIPMENT OR SOFTWARE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF ANY PARTIES’ PROPRIETARY RIGHTS. IN NO CASE SHALL PB&T OR ANY OF OUR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OF DATA, PROFIT, GOODWILL, OR SPECIAL, PUNITIVE, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE SUFFERED BY YOU ARISING OUT OF OR RELATED TO THIS ADDENDUM, THE APP, THE SOFTWARE, THE EQUIPMENT OR THE SERVICE WHETHER OR NOT SUCH CLAIM FOR DAMAGES IS BASED ON TORT OR CONTRACT OR WHETHER WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES, EXCEPT AS MAY BE REQUIRED BY LAW. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT SPECIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, PB&T AND OUR THIRD PARTY SERVICE PROVIDERS’ LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.