Remote Deposit Capture User Agreement

 Remote Deposit Capture User Agreement (“Agreement”):

This Agreement contains the terms and conditions for the use of FNBWoodsboro Mobile,

Check Deposit and/or other remote deposit capture services that First National Bank of Woodsboro or its affiliates (“FNBW”, “us,” or “we”) may provide to you (“you,” or “User”). Other agreements you have entered into with FNBW, including the Depository Agreement and Disclosures governing your FNBW account, are incorporated by reference and made a part of this Agreement.

  • Services. The remote deposit capture services (“Services”) are designed to allow you to make deposits to your checking, savings, or money market accounts from home or other remote locations by capturing an image of checks and delivering the images and associated deposit information to FNBW or FNBW’s designated processor. There is currently no charge for the Services.

  • Acceptance of these Terms. Your use of the Services constitutes your acceptance of this Agreement.  This Agreement is subject to change from time to time. We will notify you of any material change via e-mail or on our website by providing a link to the revised Agreement. Your continued use of the Services will indicate your acceptance of the revised Agreement. Further, FNBW 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.

  • 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 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.

  • Eligible items. You agree to image and 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 FNBW shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in Texas. You agree that you will not use the Services to image and deposit any checks or other items as shown below:

    • Checks or items payable to any person or entity other than you.

    • 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 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 previously converted to a substitute check, as defined in Reg CC.

    • Checks or items drawn on a financial institution located outside the United States.

    • Checks or items that are remotely created checks, as defined in Reg CC.

    • Checks or items not payable in United States currency.

    • Checks or items dated more than 6 months prior to the date of deposit.

    • Cashier's Checks, Traveler's Checks, Insurance Checks or Money Orders

  • Image Quality. The image of an item transmitted to FNBW using the Services must be legible. The image quality of the items must comply with the 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.

  • Endorsements and Procedures. You agree to restrictively endorse any item transmitted through the Services as “For mobile deposit only, FNBW” or as otherwise instructed by FNBW. You agree to follow any and all other procedures and instructions for use of the Services as FNBW may establish from time to time.

  • Receipt of Items. We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from FNBW that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.

  • Availability of Funds. The availability of funds will be based on the type of account and dollar amount. If warranted, a regulation CC hold will be placed. If a hold is placed on a deposit. You will receive a notification of deposit by email or mail. If the notice of hold is presented electronically, the electronic version will be password protected and encrypted.

  • Disposal of Transmitted Items. Upon your receipt of a confirmation from FNBW 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 5 business 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 FNBW as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for FNBW’s audit purposes.

  • Deposit Limits. We reserve 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.

  • Software. In order to use the Services, you must obtain and maintain, at your expense, compatible software as specified by FNBW from time to time.

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

  • Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in FNBW’s sole discretion subject to the Depository Agreement and Disclosures governing your account.

  • Use. Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to FNBW’s business interest, or (iii) to FNBW’s actual or potential economic disadvantage in any aspect. You may use the Services only for non-business, personal use in accordance with this Agreement.

  • User warranties and indemnification. You warrant to FNBW that:

    • You will only transmit eligible items.

    • Images will meet the image quality standards.

    • You will not transmit duplicate item

    • You will not deposit or represent the original item.

    • All information you provide to FNBW is accurate and true.

    • You will comply with this Agreement and all applicable rules, laws and regulations.

You agree to indemnify and hold harmless FNBW from any loss for breach of this warranty provision.

  • Other terms. You may not assign this Agreement. This Agreement shall be governed by the laws of the State of Texas and of the United States. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.