This Mobile Check Deposit User Agreement (“Agreement”) contains the terms and conditions for the use of The Commercial and Savings Bank’s (“CSB”) Mobile Check Deposit and/or other remote deposit capture services that CSB or its affiliates (“CSB”, “us”, or “we”) may provide to you (“you” or “User”). Other agreements you have entered into with CSB, including the Internet Banking Agreement and Disclosure Statement, as applicable to your CSB account(s), are incorporated by reference and made a part of this Agreement.
The mobile remote deposit capture services (“Services”) are designed to allow you to make deposits to your checking, savings, or money market savings accounts from home or other remote locations by scanning checks and delivering the images and associated deposit information to CSB.
2. Acceptance of these Terms
Your use of the Services constitutes your acceptance of this Agreement. The 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 or by an online secure message. Your continued used of the Services will indicate your consent to be bound by the revised Agreement. Further, CSB 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 Mobile Deposit Service, you may experience technical or other difficulties that are outside the control of CSB or there may be times when Mobile Deposit service is not available. We will attempt to post alerts on our website or send you an e-mail or an online secure message to notify you of these interruptions in Service. 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. Hardware and Software
In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by CSB from time to time. CSB is not responsible for any third party software you may need to use the Services. Any such software is accepted by you and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at the time of download and installation.
CSB may charge a per item or a per month fee. See your account fee disclosure for specifics. The account fee disclosure may be updated periodically throughout the life of your account.
6. Eligible Items
You agree to scan and deposit only “checks” as that term is defined in Federal Reserve Regulation CC (“Reg. CC”). When the image of the check transmitted to CSB is converted to an Image Replacement Document for subsequent presentment and collection, it shall thereafter be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code. Items that can be deposited are checks payable to the account owner or joint owners that haven been properly endorsed with “For Mobile Deposit Only” AND the owner;s signature. NOTE: Any check that you attempt to deposit using your Mobile Device is subject to verification by CSB. We may reject any item for deposit for any reason and will not be liable to you. In such a case, you will need to deposit the item using other means, such as visiting a CSB Banking Center. You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered INELIGIBLE items:
- Checks payable to any person or entity other than the person or entity that owns the account that the check
- is being deposited into.
- Checks containing an alteration 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 is drawn.
- Checks payable jointly, unless deposited into an account in the name of all payees.
- Checks previously converted to a substitute check, as defined in Reg. CC.
- Checks drawn on a financial institution located outside the United States.
- Checks that are remotely created checks, as defined in Reg. CC.
- Checks not payable in United States currency.
- Checks dated more than 6 months prior to the date of deposit.
- Checks or items prohibited by CSB’s current procedures relating to the Services or which are
- otherwise not acceptable under the terms of your CSB 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.
- Checks that have previously been submitted through the service or through a remote deposit capture service
- offered at any other financial institution.
- Checks or items that are drawn or otherwise issued by the U.S. Treasury Department.
- Checks that have been previously returned or re-deposited items.
7. Endorsements and Procedures
You agree to restrictively endorse any item transmitted through the Services as “For Mobile deposit only” AND your signature, or as otherwise instructed by CSB. You agree to follow any and all other procedures and instructions for use of the Services as CSB may establish from time to time.
8. 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 confirmation from CSB that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. 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 the Bank is not liable for any loss, costs, or fees you may incur as a result of our charge back of an ineligible item.
9. Availability of Funds
In general, any item transmitted, received and accepted before 4:00 p.m. Eastern Standard Time on a business day will 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. A business day is Monday through Friday, excluding Federal holidays and as otherwise posted in our banking centers. Funds deposited using the Service will generally be made available on the first business day after the day of deposit. We reserve the right to place a hold on funds deposited as described in Our “Funds Availability Notice” given to you when you opened your account with CSB.
10. Disposal of Transmitted Items
Upon your receipt of a confirmation from CSB that we have successfully received your deposit, you should store the check in a secure location for 14 days. After 14 days, and after you have confirmed the deposited funds have been applied to your account correctly, you agree to destroy the check by shredding it or marking it “VOID”. Destroying the check prevents it from being presented for deposit another time. You will be liable for checks that are presented more than once. During the time the retained check is available, you agree to promptly provide it to CSB upon request.
11. Deposit Limits
We may establish limits on the dollar amount and/or number of items or deposits 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 per-item dollar limit is $5,000 for consumer accounts and $25,000 for business accounts. CSB reserves the right to assign a limit not listed above at its sole discretion.
The manner in which the items are cleared, presented for payment, and collected shall be in CSB’s sole discretion subject to the agreements governing your account.
You agree to notify CSB of any suspected errors regarding items deposited through the Services right away, and in no event later than 60 days after the applicable CSB account statement is sent. Unless you notify CSB within 60 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against CSB for such alleged error. You can contact us by calling 1.800.654.9015 or by visiting any CSB banking center.
14. Errors in Transmission
By using the Services you accept the risk that an item may be intercepted or misdirected during transmission. CSB bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
15. Image Quality
The image of an item transmitted to CSB using the Services must be legible, as determined in the sole discretion of CSB. Without limiting the foregoing, the image quality of items must comply with the requirements established from time to time by CSB, AMSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.
16. User Warranties and Indemnification:
You warrant to CSB that:
- You will only transmit eligible items.
- You will not transmit duplicate items.
- You will not re-deposit or re-present the original item.
- All information you provide to CSB is accurate and true.
- You will comply with this Agreement and all applicable rules, laws and regulations.
- You are not aware of any factor which may impair the collectability of the item.
- You agree to indemnify and hold harmless CSB from any loss for breach of this warranty provision.
17. Cooperation with Investigations
You agree to cooperate with us 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 you possession and your records relating to such items and transmissions.
We may terminate this Agreement at any time and for any reason at our sole discretion. This Agreement shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, the Agreement may be terminated if you breach any term of this Agreement, if you use the Services for any unauthorized or illegal purpose or you use the Services in a manner inconsistent with the terms of your CSB Account or any other agreement with us.
We may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
20. Ownership and License
You agree that CSB 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 the Agreement immediately terminates your right to use the Services.
Without limiting the restrictions of the foregoing, you may not use the Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to CSB’s business interests, or (iii) to CSB’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.
21. 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 EXPRESSED 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.
22. 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 SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF CSB HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.