Mobile Banking Disclosure
Security State Bank Mobile Deposit Terms and Conditions Addendum
This Mobile Deposit Terms and Conditions Addendum (“Addendum”) supplements Security State Bank’s Internet Banking Services Terms and Conditions with you and governs the use of Security State Bank’s mobile deposit services to your account(s) with us.
This Addendum, along with any other documents we give you pertaining to your account(s), is a contract that establishes rules that control your account(s) with us. Other documents that form this contractual agreement may include, but are not limited to, Important Information about Deposit Account Terms and Conditions, Internet Banking Services Terms and Conditions, Signature Card/Account Agreements, Cash Management Origination Agreement, and any Change in Terms notice relating to your account(s). Unless specifically stated otherwise in this Addendum, the terms and conditions of this Addendum shall be applicable to your use of our Mobile Deposit Services.
In this Addendum, the words “you” and “your” refer to you as the person or business entity entering into this agreement, and also includes any user you authorize or we reasonably believe you have authorized to use the Mobile Deposit Service on your behalf by commercially reasonable authentication methods in use at the time. The words “we,” “us,” and “our” refer to Security State Bank and/or any of its affiliates.
1. Services. The Mobile Deposit Service (“Services”) are designed to allow you to make deposits to Security State Bank personal checking or money market accounts from your mobile device by scanning checks and delivering the images and associated deposit information to us or our designated processor. You are liable for selecting the account into which you deposit the Item. All deposits are final and we are under no obligation to reverse a deposit made to an account.
2. Acceptance of these Terms. Your use of the Services constitutes your acceptance of the Services and this Addendum. The Services are subject to change from time to time. We reserve the right, in our sole discretion, to change, modify, add, or remove features from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services and, therefore, your acceptance of any such change to this Mobile Deposit Terms and Conditions Addendum.
3. Limitations of Service. When using the Services, 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. 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. Ineligible Items. You agree to deposit only checks (“Item” or “Items”) as that term is defined in Federal Reserve Board Regulation CC (“Reg CC”), You agree that you will not use the Services to deposit any Items from your mobile device as indicated below:
a. Items payable or negotiated to any person or entity other than you.
b. Items that have already been paid or negotiated.
c. Items that are payable jointly, unless deposited into an account in the name of all payees.
d. Items on which a stop payment has been issued or for which there are insufficient funds.
e. Items converted to a “substitute check” as defined in Regulation CC.
f. Items that are not dated.
g. Items that are “postdated”.
h. Items that are stamped “nonnegotiable”.
i. Items dated more than six (6) months prior to the date of deposit.
j. Items containing obvious alteration to any of the fields on the front of the check or items, which you know or suspect, or should have known or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or Item is drawn.
k. Items drawn on a financial institution located outside the United States.
l. Items not payable in United States currency.
m. Items otherwise prohibited from our current procedures related to the Services or deposit services in general or which are otherwise not acceptable under the terms of your Important Information about Deposit Account Terms and Conditions with us.
n. Any third party item, i.e., any item that is made payable to another party and then endorsed to you by such party.
o. Items that are drawn on the same account in which the deposit is being made.
5. Image Quality. The image of an Item transmitted to us using the Services must be legible. The image quality of the Items must comply with the requirements established by the Board of Governors of the Federal Reserve or any other regulatory agency, clearinghouse or association.
6. Endorsement. You agree to endorse all Items captured and submitted using the Services accurately and legibly “FOR MOBILE DEPOSIT ONLY AT SECURITY STATE BANK” or as otherwise instructed by us at the time of deposit. For a check payable to you and any joint owner(s) of your bank account, the check must be endorsed by all such payees and you may only use the Services to deposit such check into a bank account jointly owned by all such payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and any non-joint owner, you may not deposit the check into your bank account using the Services.
7. Receipt of Items. We reserve the right to reject any Item transmitted through the Services, at our discretion, without liability. We are not responsible for Items we do not receive or for images that are dropped during transmission. An image of Item(s) shall be deemed received when you receive a confirmation from us that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
8. Availability of Funds and Processing Time. Items submitted through the Services are subject to the funds availability policy in your Important Information about Deposit Account Terms and Conditions applicable to the relevant account. If we receive the image of an Item for deposit before 4 p.m. Pacific Time on a Business Day (as defined in the Important Information about Deposit Account Terms and Conditions), we will consider that day the day of the deposit. If we receive the image of an Item for deposit on or after 4 p.m. Pacific Time on a Business Day or on a weekend or a non-Business Day, we will consider the next Business Day as the day of deposit.
9. Returned Items Unpaid. In the event that any Item is dishonored for any reason, such as insufficient funds, you authorize us to debit the amount of such Item from your account. You agree that we may charge your account a Deposited Item Returned fee as listed in the Fees & Services disclosure.
10. Disposal of Transmitted Items. We will provide confirmation that we have received the image of the Item. Notwithstanding this fact, you agree to safeguard and keep the original Item for sixty (60) days after you have transmitted the Item, After sixty (60) days following the deposit using the Services, you agree to mark the Item as “VOID” or properly dispose of it to ensure that it is not presented for deposit again. You will promptly provide any retained Items, or a sufficient copy of the front and back of the Item, to us as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any Item, or for our audit purposes.
11. 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 the limits from time to time. Limits with respect to the number of permitted deposits or amounts will be available at www.ssbwa.com.
12. Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software from your mobile service provider that may be specified by us from time to time. We are 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 your mobile service provider at time of download and installation.
13. Errors. You agree to notify us of any suspected errors regarding items deposited through the Services right away, and in no event later than sixty (60) days after the applicable Security State Bank periodic statement is sent. Unless you timely notify us, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against us for such alleged error. You are liable for selecting the account into which you deposit the Item and solely are responsible for any errors made during the account selection process. All deposits are final and we are under no obligation to reverse a deposit.
14. Presentment. The manner in which the Items are cleared, presented for payment, and collected shall be in our sole discretion subject to the Important Information about Deposit Account Terms and Conditions governing your account(s).
15. Ownership and License. You agree that Security State Bank retains all ownership and proprietary rights in the Services associated content, technology, and website. Your use of the Services is subject to and conditioned upon your complete compliance with these Terms and Conditions. Without limiting the effect of the foregoing, any breach of these Terms and Conditions 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 our business interest; or (iii) to our actual or potential economic disadvantage in any aspect. You may use the Services only for your use in accordance with these Terms and Conditions. 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. DISCLAIMER OF WARRANTIES. YOU AGREE THAT 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, OR THAT (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
17. 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 THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF.
18. User Warranties and Indemnification. You agree to do the following. In the event that you fail to do the following, you agree to be liable for the amount of the Item and any subsequent costs:
a. You will only transmit eligible Items.
b. You will only transmit Items that meet the image quality standards.
c. You will not transmit duplicate Items.
d. You will ensure the Item is not re-deposited or re-presented.
e. You will only provide accurate and true information to us.
f. You will comply with these Terms and Conditions and all applicable rules, laws and regulations.
g. You will indemnify and hold harmless Security State Bank from any loss for your breach of this warranty provision.
19. Other Terms. You may not assign these Terms and Conditions. These Terms and Conditions are entered into in Centralia, Washington, and shall be governed by the laws of the State of Washington and of the United States. If you become indebted to us by your use of these Services, you agree that we can recover the costs we incur in collecting what you owe, including attorneys′ fees and costs in addition to any other remedies the court finds proper. A determination that any provision of these Terms and Conditions is unenforceable or invalid shall not render any other provision of these Terms and Conditions unenforceable or invalid.