Mobile Deposit Agreement
This Mobile Remote Deposit Services Agreement (“Agreement”) contains the terms and conditions for the use of The Bank of Delmarva’s mobile remote deposit capture service (“Mobile Deposit”). The Bank of Delmarva (“The Bank of Delmarva,” “us,” or “we”) may provide the Mobile Deposit service to you (each accountholder that accesses and uses Mobile Deposit, collectively “you” or “User”). All images processed for deposit through Mobile Deposit will be treated as “deposits” under your current Account Agreement and Truth in Savings Disclosure with us, unless provided otherwise in this Agreement.
Mobile Deposit is designed to allow you to make deposits of checks (“original checks”) to your accounts maintained with us from home or other remote locations by scanning the original checks and delivering the digital images and associated deposit information (“images”) to us or our processor with your Mobile Device. Only checking and savings accounts that meet our specifications are eligible for Mobile Deposit. After you login to Mobile Banking, you may apply for Mobile Deposit. By using Mobile Deposit, you agree to comply with all Mobile Banking terms and conditions and all of the provisions of this Agreement.
Mobile Deposits are limited in amount to no more than a total of $1,000 per day and no more than a total of $5,000 in any 30 day period. We may change these amounts and/or impose limits concerning the number of items deposited in any period in our sole discretion. We have no liability for refusing to process any deposits that exceed any limits that we impose.
You agree to scan and deposit only original checks (i.e., drafts drawn on a bank, savings and loan, or credit union).
You agree that you will not use Mobile Deposit to deposit:
- Checks drawn on your account.
- Checks payable to cash.
- Checks stamped with a “non-negotiable” watermark.
- Checks payable to any person or entity other than you (i.e., payable to another party and then endorsed to you).
- Checks payable to you and another party who is not a joint owner on the account of intended deposit.
- Checks payable to two or more persons jointly, not alternatively, unless deposited into an account jointly owned by all payees.
- Checks that contain evidence of alteration, or that 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 previously converted to a substitute check, as defined in Regulation CC.
- Checks that are remotely created checks, as defined in Regulation CC.
- Checks drawn on a financial institution located outside the United States.
- Checks not payable in United States currency.
- Checks that are incomplete.
- Checks dated more than 6 months prior to the date of deposit.
- Checks that are “postdated” (dated later than the actual deposit date).
- Checks that have previously been submitted through Mobile Deposit or through a remote deposit capture service offered at any other financial institution.
- Savings Bonds, travelers checks, money orders, or postal money orders.
- Checks or items that are drawn or otherwise issued by the U.S. Treasury Department.
- Checks or items prohibited by or that are otherwise not acceptable under the terms of the account of intended deposit.
You agree that each image submitted using Mobile Deposit is the legal representation of the original check for all purposes, including return check processing. Each image must provide all information on the front and back of the original check at the time presented to you by the drawer of the check, including, but not limited to, information about the drawer and the paying bank that is preprinted on the original check, MICR information, signature(s), any required identification written on the front of the original check, and any endorsements applied to the back of the original check. You will compare the image with the original check to verify that all required information is clearly and accurately displayed before transmitting any image to us. If it is the case that the image quality does not meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and/or any other regulatory agency, clearing house or association, the image may not be accepted for deposit. Any loss we or you incur from a delay or processing error resulting from a failure to meet these image standards will be your responsibility.
Endorsements must be made on the back of the original check within 1½ inches from the top edge, although we may accept endorsements outside this space in our sole discretion. Your endorsement must include your signature and “FOR MOBILE DEPOSIT ONLY TO THE BANK OF DELMARVA” or any similar restrictive endorsement completed by selecting pre-printed information on the back of the original check. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.
A check payable to two payees, without an indication as to whether it is made out to both or to either, must be endorsed by both payees. If the check is payable to you or another joint owner, either of you can endorse it. If the check is made payable to you and another joint owner, both of you must endorse the check.
Receipt of Deposit
All images processed for deposit through Mobile Deposit will be treated as “deposits” under your current Account Agreement and Truth in Savings Disclosure with us. Please refer to the “Funds Availability” section below. When we receive an image, we will confirm receipt via email to you. Confirmation does not mean that the image contains no errors. We are not responsible for any image that we do not receive.
Following receipt, we may process the image by preparing a “substitute check” or clearing the item as an image (see “Substitute Checks” section below).
We reserve the right, at our sole and absolute discretion and for reasonable cause, to reject any image for deposit into your account. We will notify you of rejected images by email.
We further reserve the right to charge back to your account at any time any image that you transmit through Mobile Deposit that we subsequently determine was not an eligible item. You agree that we are not liable for any loss, costs, or fees you may incur as a result of our charge back of an ineligible item.
To make check processing faster, federal law permits financial institutions to replace original checks with “substitute checks”. These checks are similar in size to original checks with slightly reduced image of the front and back of the original check. The front of the substitute check states: “This is a legal copy of your check”. You can use it the same way you would use the original check. You may use a substitute check as proof of payment just like the original check. Some or all of the checks that you receive back from us may be substitute checks. This notice describes rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or to electronic debits from your accounts. However, you have rights under other laws with respect to those transactions.
In certain cases federal law provides a special procedure that allows you to request a refund for losses you suffer if a substitute check is posted to your account. For example, in situations where you believe that we withdrew the wrong amount from your account or that we withdrew money from your account more than once for the same check. The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of the withdrawal (negative account fees). The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less. You are also entitled to interest on the amount of your refund if your account is an interest-bearing account. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other applicable law. We may reverse the refund (including interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account.
Images that you transmit through Mobile Deposit that are received and accepted before 4:00 p.m. Eastern Time on a business day that we are open will be credited to your account the same day. Deposits confirmed received after 4:00 PM and deposits confirmed received on holidays or days that are not our business days will be credited to your account on the following business day. We may delay availability based on such factors as the length and extent of your relationship with us, transaction and experience information, and such other factors as we determine, in our sole discretion. In the event that we close early due to circumstances beyond our control, any deposit(s) received and accepted prior to the early closing time or end of business will be credited to your account the same day. Deposits confirmed received after early closing time or end of business will be credited to your account on the following business day.
After you receive confirmation that we have received an image, you must securely store the original check for 30 days after transmission to us and make the original check accessible to us at our request (or for a longer period as directed by us if the check is the subject of any dispute). Upon our request from time to time, you will deliver to us within 10 days, at your expense, the requested original check in your possession. If not provided in a timely manner, you agree that any amount previously credited to your account may be debited from your accounts. Promptly after such period expires (unless directed by us to hold the check for a longer period), you must destroy the original check by first marking it “VOID” and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of an original check, the image will be the sole evidence of the original check. You will notify us immediately by telephone (410) 548-7892 with written confirmation (to our address specified at the end of this Agreement) if you learn of any loss or theft of original checks.
You agree that you will never re-present the original check. You understand that you are responsible if anyone is asked to make a payment based on an original check that has already been paid (see “Accountholder’s Indemnification Obligation” section below).
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. Without our approval, you shall not attempt to deposit or otherwise negotiate an original check if it has been charged back to you.
We may debit any of your accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item, or for any warranty claim related to such item, whether or not the rejection, return, adjustment, or warranty claim was timely made.
Hardware and Software
In order to use Mobile Deposit, you must obtain and maintain, at your expense, compatible hardware and software as specified by The Bank of Delmarva from time to time. We are not responsible for any third party software you may need to use the Mobile Deposit service. 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 the third party software provider at time of download and installation.
A fee may be charged for the Mobile Deposit service, and will be disclosed in our Schedule of Fees in effect from time to time. You are responsible for paying such fees. Any fee that is charged will be disclosed prior to your use of Mobile Deposit. We may change the fees for use of Mobile Deposit at any time. You authorize The Bank of Delmarva to deduct any such fees from any of your accounts. If any payment for such fees is returned unpaid, you authorize us to collect a fee as stated in our Schedule of Fees.
You make the following warranties and representations with respect to each image that you transmit to us:
- Each image is a true and accurate representation of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the original check.
- The amount, payee(s), signature(s), and endorsement(s) on the image and on the original check are legible, genuine, and accurate.
- You will not deposit or otherwise endorse to a third party the original check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the original check or a paper or electronic representation of the original check such that the person will be asked to make payment based on an item that has already been paid.
- There are no other duplicate images of the original check.
- The original check was authorized by the drawer in the amount stated on the original check and to the payee(s) stated on the original check.
- You are authorized to enforce and obtain payment of the original check.
- You have possession of the original check and no party will submit the original check for payment.
With respect to each image that we forward for collection, you make to us all representations and warranties that we make or are deemed to make to any party pursuant to law, regulation, or clearinghouse rule. You agree that files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
Compliance with Law
You will use Mobile Deposit for lawful purposes and in compliance with all applicable laws, rules, and regulations. You warrant that you will only transmit acceptable images for deposit and have handled the original checks in accordance with applicable laws, rules, and regulations.
Cooperation with Investigations
You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolutions, and resolution of claims, including by providing, upon request and without further cost, any original checks or images deposited through the Mobile Deposit service in your possession and your records relating to such items and transmissions.
You agree to notify us of any suspected errors regarding Mobile Deposit or any images deposited through the service right away, and in no event, later than 30 days after the first applicable statement has been sent on which a deposit appears. You must contact us at (410) 548-7892 or write:
The Bank of Delmarva
Attention: Customer Service
One Plaza East, Suite 200
Salisbury, MD 21801
Amendments; New Services; Termination of Services.
This Agreement may be amended from time to time, and supersedes any verbal conversations, other communications, and previous agreements, if any between you and us. We may amend this Agreement upon notice to you, which you agree may be sent by e-mail or by an announcement conspicuously displayed directly within Mobile Deposit or on our website. Any notice will be effective no later than ten (10) days after we send or post the notice unless a law or regulation requires a longer notification period, whether or not you have retrieved or viewed the notice by that time. We may, from time to time, introduce new services and features/functions that are part of Mobile Deposit. We may update this Agreement as needed to notify you of these new features/functions. By using Mobile Deposit after those new features/functions become available, you agree to be bound by the terms contained in the revised Agreement. In most situations you, as the end user, must agree to accept the new features/functions prior to using. Your acceptance means you are agreeing to be responsible for use of these features/functions. You are responsible for complying with all the terms of this Agreement and with the terms of the agreements governing the accounts to or from which transfers are made using Mobile Deposit. We may terminate your use of Mobile Deposit under this Agreement without notice to you if you fail to pay any fee when due, or if you fail to comply with any provisions of this Agreement or any agreement governing your accounts, or if any such account is not maintained in good standing. We also reserve the right to terminate your access to Mobile Deposit for any reason in our sole discretion, without notice and without limitation, except as may be prohibited by applicable law. We may also terminate your use of Mobile Deposit if we believe that actual or potential unauthorized use of your username, password or account may be occurring, or if you use Mobile Deposit for any unauthorized or illegal purposes, or you use Mobile Deposit in a manner inconsistent with the terms of your Account Agreement and Truth in Savings Disclosure or any other agreement with us.
Mobile Deposit Unavailability
Mobile Deposit may be unavailable temporarily due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider, and Internet software. In the event that Mobile Deposit is unavailable, you may deposit original checks at our branches or through our ATMs or by mailing the original check to: One Plaza East, Suite 200, Salisbury, MD 21801.
Our business days are Monday through Friday, except federal banking holidays.
Mobile Deposit Security
You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. You understand it is recommended to secure your mobile device with a screen lock. You will promptly deactivate the mobile device through Mobile Banking in the event your mobile device is lost or stolen. You can contact us at 410-548-7892 during normal business hours for assistance. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately by telephone at 410-548-7892 with written confirmation if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, we may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.
You are solely responsible for the quality, completeness, accuracy, validity and integrity of the image. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible images to us or if Mobile Deposit is used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable images to us.
In addition you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble, or decompile the technology of Mobile Deposit; copy or reproduce all or any part of the technology of Mobile Deposit; or interfere, or attempt to interfere, with the technology of Mobile Deposit. We and our technology partners, inclusive of, but not limited to, Digital Insight and Vertifi Software, LLC, retain all rights, title, and interests in and to Mobile Deposit, the related software, and any applications and/or development made available to you.
Accountholder’s Indemnification Obligation
You agree to indemnify us 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 Mobile Deposit, and/or your breach of this Agreement, or unauthorized access to any of your accounts related to your use of Mobile Deposit, except to the extent that such unauthorized access is the result of our gross negligence or intentional misconduct. You understand and agree that this paragraph shall survive any termination of this Agreement.
You also agree to indemnify our technology partners, including, but not limited, to Digital Insight and Vertifi Software, LLC (“Providers”), and hold harmless the affiliates, officers, employees and agents of the Providers from and against any third party claims, suits, proceedings, actions, or demands, including claims of another financial institution, business entity, or governmental authority, and all losses, liabilities, damages, fines, penalties, costs, and expenses, including court costs and reasonable attorneys’ fees and expenses, arising from such claims, to the extent such claim is related to your use of Mobile Deposit applications related to Mobile Deposit, unless such claim directly results from an action or omission of the Providers in bad faith. You understand and agree that this paragraph shall survive any termination of this Agreement.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF MOBILE DEPOSIT 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 MOBILE DEPOSIT, 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 MOBILE DEPOSIT WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS RELATED TO MOBILE BANKING OR RELATED 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 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 MOBILE DEPOSIT, 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, EXCEPT AS OTHERWISE REQUIRED BY LAW.