- You shall maintain one or more accounts at First State Bank for the receipt of deposits of digital images.
- You will only submit digital images of checks that meet the standards for image quality required by Regulation CC, or other standards established by law.
- First State Bank's processing of any imaged items that does not meet the check validation process shall not constitute a waiver by First State Bank or obligate it to process any such non-verified item.
- First State Bank may discontinue processing of non-verified items at any time, without cause or prior notice.
- You will not attempt to scan and transmit to us any previously truncated and reconverted substitute check. Any previously truncated and reconverted substituted check must be physically deposited with First State Bank.
- You will ensure that checks are restrictively endorsed with the words "For Mobile Deposit Only" on the back of the check.
- You will ensure that First State Bank drawee, drawer or endorser receives presentment or return of, or otherwise is charged for an item no more than once in any form.
- You shall be responsible for verifying First State Bank's receipt of First State Bank's transmission(s) by verifying that deposits have been posted to the appropriate accounts, in addition to cooperating in any investigation and resolving any unsuccessful or lost transmission with First State Bank.
- You shall exercise due care in preserving the confidentiality of any user identification, password, test key, or other code or authentication method provided by First State Bank or otherwise required for use of the service and shall further prevent the use of the service by unauthorized persons. You assume full responsibility for the consequences of any missing or unauthorized use of or access to the service or disclosure of any confidential information or instructions by you.
- You will retain each original check and keep them in a safe and secure environment for not less than thirty (30) days after such item has been converted to a digital image and processed.
- You will use a reasonable method which is consistent with any requirements of Regulation CC to securely destroy original checks after the retention period (30 days) has expired.
- Upon a request from First State Bank, you will promptly (within 7 business days) provide any retained original check (or, if the original check is no longer in existence, a sufficient copy of the front and back of the original check) to us to aid in the clearing and collection process to resolve claims by third parties with respect to any digital image or as First State Bank otherwise deems necessary. First State Bank reserves the right to hold matching funds in your account until the issue is resolved.
- You understand and agree that a digital image that is not paid by a payor financial institution, or is otherwise returned for any reason, will be returned to you and your Account will be charged for the amount of the substitute check plus any associated fee as disclosed in First State Bank's schedule of fees
- First State Bank has the right to charge your account without regard to whether a substitute check is timely returned to First State Bank or whether there is any other claim or defense that the item has been improperly returned to First State Bank.
- You will not engage in any activity directly or indirectly related to the use of the Service that is illegal or fraudulent.
Business Day and Availability Disclosure
Our business days are Monday through Friday, except holidays. Deposits made by you through your mobile device received after 3:00p.m. Eastern Standard Time on Monday through Friday will be processed the next business day. Digital images received after 3:00p.m. Eastern Standard Time on Friday, all day Saturday and Sunday are processed on the next business day. All deposits pursuant to this Service may be considered as local items for availability purposes and return item time frames.
Compliance with Law
The customer shall comply with all laws, rules, and regulations applicable to the customer to the business and operation of First State Bank, and to the service, including, without limitation, Regulation CC, and any rules established applicable to digital images. You shall have the responsibility to fulfill any compliance requirement or obligation that First State Bank and/or you may have with respect to the service under all applicable laws, regulations, rulings, including sanction laws administered by the Office of Foreign Assets Control, and other requirements relating to anti-money laundering, including but not limited to, the federal Bank Secrecy Act, the USA PATRIOT Act and any regulations of the U.S. Treasury Department to implement such Acts, as amended from time to time. In addition, you shall comply with any applicable Clearinghouse Agreements, Operating Circulars, or Image Exchange Agreements to which First State Bank is a party.