Mobile Banking - Remote Deposit Anywhere Agreement

This agreement is between The First National Bank of McConnelsville, ("Bank"), 86 N Kennebec Ave, McConnelsville OH and _____________________________________ ("Customer") to provide remote deposit of checks. This agreement shall become effective once it has been signed and dated by an authorized representative of both parties.

Recitals

WHEREAS, Bank provides certain check clearing services known as "Remote Deposit Anywhere" RDA, whereby Customer must be enrolled and use NetTeller Internet Banking - FNBgoDough app, specific to the Bank, to create an image/scan paper check(s) to create an image cash letter file to send to Bank. Images captured will be transmitted to Bank, processed by Bank and then sent to the Federal Reserve and/ or correspondent check clearing network, enabling Customer to clear their daily check deposits electronically as images, instead of physically transporting the checks to a local depository. When necessary, Bank will prepare "Substitute Checks"/Image Replacement Documents (IRD), (as that term is defined in the Check Clearing for the 21st Century Act, also known as Check 21). Customer is responsible for having a working mobile phone number, email address, adequate equipment, telecommunications, and contingency plans. Customer is likewise responsible to ensure that checks scanned meet the ANSI X9.37 standards for image quality. Customer will cooperate with Bank in the event Bank needs assistance in the balancing of transactions, or such items will be placed in suspense by Bank pending resolution.

Standard Terms and Conditions

A. CUSTOMER'S OBLIGATIONS.

1. Compliance. Customer agrees to abide by all federal and state laws, and rules and regulations applicable to banking transactions.

2. Equipment. Customer will be responsible for the selection, use and operation of the cell phone camera/scanner equipment used to capture the Image using the Remote Deposit Anywhere Services, including the quality of the image generated from the device. Customer must download the FNBgoDough Android app or iPhone app from the related store, and use it on one of the recommended devices approved by Bank. The app Equipment upgrades or replacements may be necessary and will be the responsibility of the Customer to upgrade or replace devices as needed to comply with this agreement. Bank makes no warranties, either expressed or implied, regarding the devices.

3. Deposits. Customer agrees that each deposit shall contain the data and the image for each item to be deposited together with the total amount of the deposit and the account number of the account to be credited with the deposit.

  1. All checks deposited electronically by Customer through use of the Remote Deposit Anywhere Services shall be subject to the following requirements:
    1. The original paper check will not be deposited through the Remote Deposit Anywhere Services more than once. Customer shall be responsible for safe-guarding original items and copies of items to prevent duplication of deposit or employee fraud.
    2. All checks will conform to the requirements of Customer’s original account agreement with Bank (signed when account was established).
    3. Customer shall review and validate the accuracy and completeness of the check data being captured including but not limited to the amount of the check, the legibility of the check image and proper endorsement.
    4. Customer shall not deposit checks drawn on foreign banks via Remote Deposit Anywhere.
    5. Customer shall not deposit money orders via Remote Deposit Anywhere.
    6. Customer shall not deposit savings bonds via Remote Deposit Anywhere.
    7. Customer shall only deposit checks into accounts held by the person who the check is made payable to.
    8. For your safety - checks should be signed and endorsed with "Mobile Deposit Only" and your signature. Deposits without this proper endorsement, may be declined.
  2. Customer shall be solely liable and responsible for all damages, losses, expenses and claims arising from the following:
    1. Duplication of images transmitted by Customer to Bank through the Remote Deposit Anywhere Services;
    2. Alteration of scanned images not caused by Bank services or software.
    3. Deposit of checks on accounts with insufficient funds, counterfeit checks, fraudulent checks, or checks bearing unauthorized or forged endorsements.
    4. Acts of fraud, negligence or willful misconduct committed by employees of Customer in depositing checks using the Remote Deposit Capture Services.
    5. Hardware failure not caused by Bank services or software; or
    6. Customer’s failure to properly store original checks once scanned image has been captured.
  3. Bank established a cut-off time of 3pm, EST for the acceptance of deposits, for normal business processing days. Holidays/Weekends are non-processing days. Generally, deposits that are transmitted to Bank prior to the cut-off time will be credited to the account indicated on the business day received. However, circumstances may arise that may cause deposits to delay posting until the following business day, and except for delays caused by Bank’s gross negligence or willful misconduct, Bank shall not be liable for any damages to Customer created by such delays. (Example: Funds deposited by 3pm on a normal business day, will be credited to the account on that date, and made available for use, by the next business day.)
  4. Customer shall immediately reimburse Bank for any shortfalls that occur due to non-sufficient funds in the Customer account. Bank reserves the right to delay the availability of funds for deposit without prior written notice if in its sole discretion Bank deems itself at financial or relative risk for any and all services performed under this agreement.
  5. Customer agrees to produce the original of, or a copy of, any item accepted within any deposit, upon Bank’s request.

4. Indemnification. Customer shall indemnify, defend and hold Bank harmless from and against all claims, actions, losses and expenses, including reasonable attorney’s fees and legal costs, incurred by Bank arising out of (a) Customer’s breach of this agreement; (b) return of an entry due to incorrect or incomplete data or information provided by Customer in the submission of the entry to Bank, a closed Customer account, or insufficient funds in Customer account, and /or (c) fraudulent activity, wrongful or unauthorized use of the services, or submission of fraudulent or illegal entries by Customer or a third party who has gained access to the services through the use of Customer’s password.

5. Controls. Customer agrees to have controls in place to ensure that all checks processed through image capture agreement are maintained for 90 days, and then destroyed. No check transmitted to Bank shall be deposited into any bank causing funds to be debited twice from the account of check writer. Customer agrees to be responsible for all consequential damages resulting from lack of proper controls over processed checks. The customer is subject to an annual audit by the bank for observation of check storage and destruction procedures.

B. BANK'S OBLIGATIONS.

1. Payment of Deposits. Customer will receive same day credit for all eligible items processed and transmitted by cut-off time.

2. Notifications. Notification shall be delivered via e-mail to Customer for every deposit.

3. Retention of Check Images. Bank will retain an electronic image of all original paper checks and images of IRDs for seven (7) years.

C. ADDITIONAL PROVISIONS.

1. Confidentiality and Security. Customer shall protect and maintain the confidentiality of all Confidential Information disclosed by Bank to Customer under this agreement and comply with the security procedures described in this agreement and in any Bank policies and procedures communicated in writing to Customer. Customer understands that the purpose of these security procedures is for verification of authenticity of an entry and not to detect an error in the transmission or content of an entry. No security procedure for the detection of any such error has been agreed upon between Bank and Customer. Customer is strictly responsible to establish and maintain the procedures to safeguard against unauthorized transmissions.

Unauthorized Use. Customer agrees to and will restrict and guard access to the app/software, User names and passwords. Customer further agrees that it shall notify Bank immediately upon learning of any compromise of security relating to the web site, the scanner and the software.

Customer agrees to change its password. Customer acknowledges that no person from Bank will ever ask for any password.

Bank has separately published its privacy data and security commitment to its customers.

Upon termination of this agreement for any reason, Customer shall return to Bank any and all copies of the confidential information which are in its possession and control.

2. Termination. Either party may terminate this Agreement at any time by written notice. Any termination will not affect Bank’s or Customer’s rights and obligations arising before the termination.

3. Force Majeure. Customer agrees that Bank shall not be responsible for errors, acts, or failures to act by others, including other entities, banks, communication carriers or clearing houses through which entries may be originated or through which Bank receives or transmits information and no such entity will be deemed as Bank’s agent. Bank shall not be responsible for any loss, liability or delay caused by fires, earthquakes, wars, civil disturbances, power surges or failures, acts of government labor disputes, failures in communications or computer networks, legal constraints or other events beyond its control.

4. Limitation of Liability. Bank’s liability, to Customer, or third parties, under this agreement shall, in every case, be limited to correcting, reversing, or otherwise making accurate any debit or credit initiated by Customer via this process. Except as specifically required by law Customer agrees that Bank shall not be responsible for any damages, loss, or property damage incurred as a result of Customer using Bank’s services set forth in this agreement. In no event shall Bank be liable for any indirect, consequential, incidental, punitive, exemplary or special losses or damages, or expenses which Customer may incur by using Bank’s remote deposit service set forth in this agreement whether or not the possibility or likelihood of such damages was known or contemplated by Bank.

5. Representations and Warranties. Customer represents and warrants to Bank that:

6. Amendment. This agreement may be amended only by a written document signed by authorized representatives of both parties.

7. Pricing and Payment. Customer agrees to pay Bank the fees, penalties and charges for this service as set forth in the Agreement*.

*Fees for this service, are waived. Regular account fees still apply.

Information Message

By using Remote Deposit Anywhere, you acknowledge you have received and read The First National Bank of McConnelsville Mobile Banking – Remote Deposit Anywhere Agreement and agree to be bound by all provisions of the agreement, and all The First National Bank of McConnelsville’s requirements concerning Remote Deposit Anywhere. Any violations of the terms and conditions of this agreement, will result in termination of services.

Please view and maintain a copy for your records.

If you have any additional questions, please contact First National Bank of McConnelsville at 740.962.3911 or 800.441.3811 for further assistance.