Mobile Deposit Use Agreement

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This Agreement contains the terms and conditions for the use of First Citizens Bank Mobile Deposit.

Service Description

Mobile Deposit services (“Services”) are designed to allow you to make deposits to your checking or savings account from your camera-enabled mobile device capable of capturing check images and information and electronically delivering the items and associated deposit information to the Bank or the Bank’s designated processor.  The device must capture an image of the front and back of each check to be deposited in accordance with the Procedures; must read and capture the magnetic ink character recognition (“MICR”) line on each check; and must read and capture all such other data and information as is required by this Agreement or Federal Reserve regulations for the processing of these checks for payment.

Hardware and Software Requirements

You must have a mobile device that is acceptable to us and a wireless plan from a compatible mobile wireless provider.  You must also use the operating system(s) and software that satisfies all technical specifications and other requirements that we and/or our service provider(s) establish and specify.  We and/or our service provider(s) may change these specifications and/or requirements from time to time.  The Bank is not responsible for any third party software you may need to use the Services.  You agree that you will perform, or cause to be performed by properly trained personnel, all vendor recommended maintenance, repairs, upgrades and replacements.  Unless otherwise provided in this Agreement, you are solely responsible, at your own expense, for purchasing, installing, operating, testing and maintaining all hardware and software necessary to use the Service.  You must install and test your Mobile Device, your system, and any other required hardware and software before you make your first deposit through the Service.  You accept any such software “as is” and subject to the terms and conditions of the software agreement that you enter into directly with the third party software provider at the time of download and installation.  We are not responsible for, and you release us from, any and all claims or damages resulting from, or related to, any computer virus or related problems that may be associated with using the Service, e-mail or the Internet.  You agree that all images and files transmitted to us through the Service will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.

Deposit Limits

The Bank reserves the right to establish and assign to you deposit limits for the Service (including limits on the dollar amount of deposit, number of deposits, and number of Checks within a deposit that you transmit through the Service each day) and to modify such limits from time to time in the Bank’s sole discretion, and you agree to comply with all such limits.

Availability of Funds

You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC.  Funds deposited using the Services will be available after Bank receives payment for the funds submitted.  Bank may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as Bank, in its sole discretion, deems relevant.

Eligible Items

You agree to deposit only checks as that term is defined in Federal Reserve Regulation CC (“Reg CC”).  You agree that the image of the check transmitted to First Citizens Bank shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in Iowa.  Items that are NOT acceptable for deposit with the Service are as follows:

  1. Checks drawn on financial institutions located outside of the United States.
  2. Checks payable to any person or entity other than you.
  3. Checks or items previously converted to a substitute check, as defined in Reg CC.
  4. Checks or items not payable in United States currency.
  5. Checks or items dated more than 6 months prior to the date of deposit.
  6. Checks issued by and drawn on accounts on which you are an authorized signer or joint account holder.
  7. Check or items prohibited by Bank’s current procedures relating to the Services or which are otherwise not acceptable under the terms of your Bank Account Agreement.

Image Quality

The image of an item transmitted to the Bank using the Services must be legible and contain images of the front and back of the Check.  The image quality of the items must comply with the requirements established from time to time by the American National Standards Institute (“ANSI”), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.  These requirements include, but are not limited to, ensuring the following information can clearly be read and understood by sight review of the Check image: the amount of the Check (both written and numeric); the payee; the signature of the drawer (maker); the date; the Check number; the information identifying the drawer and the paying financial institution that is preprinted on the Check including the MICR line; and all other information placed on the Check prior to the time of an image of the Check is captured (such as any required identification written on the front of the Check and any endorsements applied to the back of the Check).

Endorsements

You agree to restrictively endorse any item transmitted through the Services as “FOR MOBILE DEPOSIT ONLY, First Citizens Bank account # ______” or as otherwise instructed by the Bank.  You agree to follow any and all other procedures and instructions for use of the Services as the Bank may establish from time to time.  Endorsements must be made on the back of the check within 1 ½ inches from the top edge, although we may accept endorsements outside of this space.  Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.

Availability of Service

In the event you are unable to capture, balance, process, produce or transmit a file to the Bank, or otherwise comply with the terms or the procedures for any reason, including but not limited to, communications, equipment or software outages, interruptions or failures, you will transport or mail the originals of all checks to the closest Bank location.  The deposit of original checks at any office of the Bank shall be governed by the terms and conditions of the Deposit Account Agreement and not by the terms of this Agreement.  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 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.

Rejection of Deposits

After we receive Check images and all other required deposit information from you through the Service, we shall provisionally credit your designated account for the total amount of such Checks.  The provisional credit is subject to final payment of the Checks and is also subject to your Bank Account Agreement.  An image of an item shall be deemed received when you receive a confirmation from the Bank that we have received the image.  Receipt of such confirmation does not mean that the transmission was error free or complete.  You agree that all deposits received by us are subject to verification and final inspection and may be rejected by us in our sole discretion, and you shall be liable to the Bank for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against the Bank relating to such deposits.  The Bank is not liable for any service or late charges that may be imposed against you due to the Banks’s rejection of any Check that you transmit for deposit through the Service.  In all cases, you are responsible for any loss or overdraft plus any applicable fees to your account due to a Check being returned.  You acknowledge and agree that, while we normally provide notice of rejected deposits, we may reject any Check transmitted through the Service in our sole discretion without notice to you, and will not be liable for any such rejection or failure to notify you of such rejection.  If we reject a Check for remote deposit, you must physically deposit the original Check.

Return Checks

You are solely responsible for verifying that Checks that you deposit by using the Service have been received and accepted for deposit by the Bank.  The Bank will provide you with notice of any deposits that it is unable to process because Checks were returned unpaid by the payer financial institution.  In the event that the Bank credits your account for a Check that is subsequently dishonored and returned, you authorize the Bank to debit the amount of such Check plus any associated fees from the account.  To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any of your other account(s) with the Bank in our sole discretion.  Our right to charge your account(s) will apply without regard to whether the Check was timely returned or whether there is any other claim or defense that the check was improperly returned.  You understand and agree that since the original Check is your property, it will not be returned and the Bank may charge back an image of the Check, an ACH debit, or other electronic or paper debit, as applicable, to your account.  You further agree that any image that we charge back may be in the form of an electronic or substitute check and you may not deposit the original Check through the Service or in any other manner if you receive a dishonored Check.  You agree to comply with any additional instructions we may provide to you in connection with returned Checks.

Storage, Security and Destruction of Checks

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.  Upon our request from time to time, you will deliver to us within two business days, at your expense, the requested original Check in your possession.  If not provided in a timely manner, such amount will be reversed form your account.  Promptly after the 30-day retention period expires, 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 the original Check, the image will be the sole evidence of the original Check.  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.

Presentment of Checks

Once you have used the Service to deposit a Check you agree not to present, or allow anyone else to present, that original Check or a substitute check of that original Check again for deposit through the Service or by any other means.  If you or anyone else present a Check or substitute check for deposit more than once, in violation of this Agreement, you agree to indemnify, defend and hold the Bank harmless from and against all liability and damages that may result from any claims, suits or demands from third parties with respect to such Check or substitute check.  You agree that we may debit from your Bank account the aggregate amount of any Checks that are deposit more than once.  To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any other of your account(s) with the Bank in our sole discretion.

Authentication Method

You agree that we are entitled to act upon instructions we receive with respect to the Service under your user ID, password, test key or other code or authentication method that we require (these components are referred to herein collectively as your “Authentication Method”).  You are liable for all transactions made or authorized with the use of your Authentication Method.  We have no responsibility for establishing the identity of any person who uses your Authentication Method.  You agree that if you give any component of your Authentication Method to anyone or fail to safeguard its secrecy, you will be in violation of your obligations under your Bank Account Agreement and this Agreement.  You agree to take appropriate steps to ensure that all components of your Authentication Method are protected and kept confidential.  You agree to indemnify and release us from any and all liability, and agree not to make any claim or bring any action against us, relating to our honoring or allowing any actions or transactions that are conducted under your Authentication Method or acting upon instructions, messages or authorizations provided to us using your Authentication Method.  By accessing the Service with your Authentication Method, you authorize us to complete the requested transaction(s) through the Service.  Any requests or instructions we receive from you through the Service using your Authentication Method shall be considered “in writing” under all applicable law and shall have the same force and legal effect as a writing signed by you.  This includes, but is not limited to, inquiries, deposit transactions, checks deposited, check images, changes to accounts or services or any other communication you provide us through the Service using your Authentication Method.

Errors

You agree to notify the Bank of any suspected errors regarding items deposited through the Services right away, and in no event later than 60 days after the applicable Bank account statement is sent.  Unless you notify the Bank 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 the Bank for such alleged error.

Acceptance of Terms

Your use of the Services constitutes your acceptance of this Agreement.  This Agreement is subject to change from time to time.  Your continued use of the Services will indicate your acceptance of the revised Agreement.  Further, 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.

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