WYOMING COMMUNITY BANK
Mobile Check Deposit Disclosure and Agreement (“Agreement”)
This Agreement contains the terms and conditions for the use of Mobile Check Deposit (“MCD”) and/or other remote deposit capture services that Wyoming Community Bank (WCB) may provide you (“You or User”). Other agreements you have entered into with WCB, including the Depository Agreement and Disclosures governing your WCB account, are incorporated by reference and made a part of this Agreement.
Services: The Mobile Check Deposit Capture Services (“Services”) are designed to allow you to make deposits to your checking account from Apple IOS version 6.0+ or Android version 2.3.4+ (the “Capture Devices”). The following terms and conditions apply to the Services for Mobile check Deposit; depositor acknowledges and agrees that the Services or any portion of the Services may be provided by one or more subcontractors.
Acceptance of these Terms: Your use of the Services constitutes your acceptance of this agreement. The agreement is subject to change; we will notify you of any material change via email or on our website with a link to the revised agreement. Further, The Bank 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.
Eligible Items: You agree to scan and deposit only checks as that term is defined in the Federal Reserve Regulation CC (“Reg CC”). You agree that the image of the check transmitted shall be deemed an “item” within the meaning article 4 of the Uniform Commercial Code. You agree that you will NOT use the Services to scan and deposit any checks or other items as shown below:
- Checks or items drawn on a financial institution located outside the United States.
- Checks or items not payable in United States Currency.
- Checks or items containing obvious alteration to any of the fields 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 or item is drawn.
- Checks or items previous converted to a substitute check, as defined in Reg CC.
- Checks or items that are remotely created checks, as defined in Reg CC.
- Checks or items dated more than 6 months (stale dated) prior to the date of deposit.
- Checks or items drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are an authorized signer or joint account holder.
- Checks or items payable to any person or entity other than you.
- Checks or items prohibited or otherwise not acceptable under the terms of your Wyoming Community Bank account
Endorsements: In order for an item to be processed for deposit, it must be restrictively endorsed in the proper location on the back of the Item with the following words: “For Mobile Deposit at WCB”, Account #(WCB account number), and signed by all payees. You agree to follow any and all other procedures and instructions for use of the Services as WCB may establish from time to time.
Image Quality: Items transmitted using the Services must be legible, and must comply with requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house, or association.
Limitations of Service: When using the Services, you may experience technical or other difficulties. 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 qualification requirements 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.
Errors: You agree to notify WCB of any suspected errors regarding items deposited through the Services right away, and in no event later than 60 days after the applicable WCB account statement is sent. Unless you notify WCB 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 WCB for such alleged error.
Presentment: The manner in which the items are cleared, presented for payment, and collected shall be in WCB’s sole discretion subject to the Depository Agreement and Disclosures governing your account.
Processing of Items: Images of the items transmitted by Depositor are not considered received by Wyoming Community Bank until Depositor has received an electronic confirmation of the receipt of the deposit from the Bank. We are not responsible for items we do not receive or for images that are dropped during transmission. Receipt of the confirmation from The Bank does not mean that the transmission was error free or complete. Wyoming Community Bank reserves the right to reject any item transmitted through the Services, at our discretion without liability to you.
Disposal of Transmitted Items: Upon your receipt of a confirmation from WCB that we have received the image of an item, you agree to prominently mark the item as “Electronically Presented” or “VOID” and to properly dispose of the item after 30 days to ensure that it is not represented for payment. And, you agree never to represent the item. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to WCB as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for WCB’s audit process.
Availability of Funds: You agree that items transmitted using the Services are not subject to the funds availability requirements of Reg CC. Funds from Items deposited under the terms of this Agreement will generally be available after two days. The Bank may make such funds available sooner to certain customers at its sole discretion.
Limits: Wyoming Community Bank reserves the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Services, and to modify such limits from time to time.
User warranties and indemnification:
You warrant to WCB that:
- You will only transmit eligible items.
- Images will meet the image quality standards.
- You will not transmit duplicate items
- You will not deposit or represent the original item.
- All information you provide to WCB is accurate and true.
- You will comply with the Agreement and all applicable rules, laws and regulations.
- You agree to indemnify and hold harmless Wyoming Community Bank from any loss for breach of this warranty provision.
DISCLAIMER OF WARRANTIES: YOU AGREE 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.
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 RESUTLING FROM THE USE OF 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 SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT,STRICT LIABILITY OR OTHERWISE), EVEN IF WCB HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
Notices: Depositor agrees that any notices required or permitted under this Agreement or the Service Agreement may be given electronically.
Governing Law: You may not assign this Agreement. This Agreement shall be governed by the laws of Wyoming and of the United States, and any rule or regulation of Wyoming or a federal agency having jurisdiction over Wyoming Community Bank. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid. The rights of Wyoming Community Bank under this Agreement are cumulative of all other rights The Bank may have by law or otherwise.
Entire Agreement: This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all existing agreements and all other related communications, written or oral.