Small Business Mobile Remote Deposit

This Mobile Check Deposit Agreement ("Agreement") explains the terms and conditions governing your ("customer" or "you") use of Mobile Remote Deposit offered by Stockman Bank ("BANK", "we", "us" or "our"). By using Mobile Remote Deposit, you acknowledge that you have reviewed and agree to abide by the terms and conditions of this Agreement, the Terms & Conditions for Personal Online and Mobile Banking or Small Business Online and Mobile Banking, and the Terms and Conditions of Your Account the checking and/or savings account or accounts that you have identified as participating accounts (each an "Account").

Mobile Remote Deposit Service is designed to allow you to deposit an Eligible Check into your designated Account(s) from your mobile device by creating an image of the front and the back of the Eligible Check ("Check Image") and delivering the Check Image and associated deposit information to Bank's designated processor.  The CUSTOMER is required to have, and maintain, a checking/savings account with BANK in order to use the eMobile Remote Deposit Service. If CUSTOMER does not currently have a checking/transaction account with the BANK, CUSTOMER must open a checking account prior to use of the Remote Deposit Service and maintain a checking account with BANK at all times while using the Remote Deposit Service.

Definitions:

  • The term “Check 21 Law” refers to the federal law commonly known as The Check Clearing for the 21st Century Act.
  • The terms “Mobile Remote Deposit Service or Remote Deposit Service” refers to the remote deposit services as described herein.
  • The term “CUSTOMER or USER” shall mean the customer or customer’s identified device which is using the Remote Deposit Service.

 

CUSTOMERS Duties and Obligations:

Items you are able to Deposit:

You agree to only image and deposit original checks which are properly payable to the owner of the Account ("Account Holder") and contain the drawer's signature.

The following types of checks are not Eligible Checks:

  • Money orders.
  • Traveler's checks.
  • Savings bonds.
  • Checks drawn on a financial institution located outside the United States, including, but not limited to, Canada.
  • Checks not payable in United States currency.
  • Checks previously converted to an image replacement document or substitute check, defined in Regulation CC as checks which:
    • Accurately represent all information from the front and back of the original check at the time it was truncated and
    • Bear the legend, “This is a legal copy of your check.  You can use it the same way you would use the original check.”
  • Checks that are remotely created checks, defined in Regulation CC as checks which:
    • Are not created by the paying bank and do not bear a signature applied, or purported to be applied, by the person on whose account the check is drawn.
  • Checks payable to any person other than the Account Holder of the Account into which the check will be deposited.
  • Checks containing an alteration on the front of the check, which you know or suspect are fraudulent, or are otherwise not authorized by the Account Holder.
  • Checks payable jointly, unless deposited into an Account in the name of all payees
  • Checks dated more than six (6) months prior to the date of deposit.
  • Checks issued that do not originate in paper form.
  • Checks with any endorsement on the back other than that specified in this Agreement.
  • Checks that have previously been submitted or deposited through the Service or through a remote deposit capture service offered at any other financial institution.
  • Checks previously submitted for deposit and returned.

Deposit Process:

  • You may forward only one (1) Check Image at a time for deposit.
  • The Check Image must be accompanied by all requested deposit information that matches the information on the Check Image.
  • Check Images must be properly payable to the Account Holder, contain the drawer's signature, and be properly endorsed by the Account Holder.
  • You shall review checks to detect altered or counterfeit items and shall not deposit suspicious checks via the Service.
  • You shall report suspicious checks to BANK for inspection.
  • You agree to follow any and all other procedures and instructions for use of the Service that BANK may implement from time to time.
  • If you do not satisfy the requirements for the deposit of an Eligible Check, BANK will have the right to put a hold on the nonconforming check.
  • If a check should be returned to the BANK for a reason of non‐sufficient funds (NSF), the check cannot be re­deposited through the Remote Deposit Service but may be re‐deposited a maximum of two more times at your local branch.  If the item is returned a third time you will need to present it to the paying bank as a collection item in order to attempt collecting the value of the check.
  •  If a check is returned for a reason other than NSF, CUSTOMER will not be able to use the Remote Deposit Service and will be required to obtain authorization from an authorized BANK representative before re‐depositing the check.

Endorsements:

  • Each original check that will be converted into an electronic representation  for deposit shall be restrictively endorsed as "For mobile deposit only at Stockman Bank [signature of Payee/Account Holder]" or as otherwise instructed by BANK.

Image Quality:

  • Check Images transmitted to BANK using the Service must be legible, as determined in the sole discretion of Bank.
  • The image quality of the Check Image must comply with the requirements established from time to time by BANK, American National Standards Institute (ANSI), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.
  • You acknowledge that Check Images that do not meet the standards for deposit utilizing the Service must be physically deposited at the BANK by you.

Retention and Destruction of Deposited Items:

  • Upon your receipt of a confirmation from BANK that we have received a Check Image, you agree to retain the check for thirty (30) calendar days from the date of the Check Image transmission.
  • After 30 days, you agree to destroy the check that you transmitted as a Check Image, mark it "VOID," or otherwise render it incapable of further transmission, deposit, or presentment.
  • During the time the retained check is available, you agree to keep it in a secure location and promptly provide it to BANK upon request.

Deposit Limits:

  • We have established limits on the dollar amount and/or number of Check Images that you can deposit through the Service.
  • If you attempt to use the Service to initiate a deposit in excess of these limits, we may reject your deposit.
  • Limits vary based on tenure, non-sufficient funds (NSF), and average monthly deposit balance.
  • We reserve the right to modify limits from time to time.
  • Your current limit can be located by tapping in the Amount field on the Check Deposit screen within the mobile app.

Security and Protection:

  • CUSTOMER is responsible for all transactions made through their established device and User ID and password.
  • CUSTOMER will not make any passwords available to any non‐authorized persons.
  • CUSTOMER will notify Bank immediately if CUSTOMER believes that their device, User ID and/or password have been used without CUSTOMER’S permission.
  • CUSTOMER is responsible to review all statements in a timely manner and report  any irregularities to the BANK at once.
  • CUSTOMER is responsible for maintaining their “smart phone or access device” or equipment or software needed to use the Remote Deposit Service in good operating condition.

Funds Availability:

  • Mobile deposit items submitted after the cutoff time of 4:00 PM MST/MDT may not be processed and credited until the next business day.
  • Remote mobile deposits are typically available the day after the deposit is processed and credited, however these deposits may be delayed further due to additional processing or other issues.
  • In certain instances, the bank may determine that a hold is necessary to protect the bank from potential loss on CUSTOMERS deposit.  In those circumstances, the bank will provide written notice to the customer of the delay in availability.

General Services:

  • COMPANY (Stockman Bank affiliates and services providers) will transmit electronic copies of original checks using only their “smart phone or other access device”.
  • “Substitute Checks,” as defined in the Check 21 Law, may be prepared to facilitate the deposit and collection of the checks which CUSTOMER has transmitted.
  • CUSTOMER understands and agrees that the Remote Deposit Service and any and all related activities may be provided by the BANK or by the BANK’s designated agent.
  • You agree to cooperate with BANK in the investigation of unusual transactions, poor quality transmissions, and resolution of claims, including providing, upon request and without further cost, any originals or copies of checks deposited through the Service in your possession and your records relating to such checks and transmissions.
  • The CUSTOMER understands that technology changes rapidly and their particular “smart phone/device” may or may not deliver acceptable images of checks or data to be able to use the Remote Deposit Service.
  • CUSTOMER acknowledges that they may not be able to use the Remote Deposit Service after exchanging/purchasing a new “smart phone or other access device” and agrees to hold bank harmless for any loss of eMobile Banking Services functionality due to that event.
  • CUSTOMER agrees to assist BANK and deliver any necessary unique Setup Information access that may be necessary for their “smart phone or other access device” to utilize the Remote Deposit Service.
  • CUSTOMER agrees to abide by any system specifications established by the BANK.

Errors:

  • You agree to immediately notify BANK of any suspected errors regarding Check Images deposited through the Service, and in no event later than sixty (60) days after the applicable Account statement is sent. Unless you notify BANK within 60 days, all deposits made through the Remote Deposit Service shall be deemed correct, and you are prohibited from bringing a claim against Bank for such alleged error.
  • By using the Remote Deposit Service, you accept the risk that a Check Image may be intercepted or misdirected during transmission. Bank bears no liability to you or others for any such intercepted or misdirected Check Images or information disclosed through such errors.

Indemnification and Warranties:

  • You warrant to BANK that:
  • You will only transmit Eligible Checks.
  • You will not transmit duplicate checks.
  • You will not re-deposit or re-present any original Eligible Check.
  • All information you provide to Bank is accurate and true.
  • You will comply with the terms and conditions of this Agreement, the Terms & Conditions for Small Business Online and Mobile Banking, and the Terms and Conditions of Your Account the checking and/or savings account or accounts that you have identified as participating accounts.
  • You are not aware of any factors that may impair the collectability of any Check Image transmitted for deposit. You agree to indemnify and hold harmless Bank from any loss for breach of this warranty provision.
  • CUSTOMER agrees to indemnify BANK for any loss or expense, including attorney fees and disbursements, which the BANK incurs as a result of CUSTOMERS breach of the warranties set forth in this Agreement.
  •  CUSTOMER also agrees to defend, indemnify, and hold the BANK harmless from and against all liability, damage, and loss, including attorney fees and disbursements, arising out of any claims, suits, or demands brought by third parties against the BANK with respect to any  checks including, without limitation, any errors arising out of keying errors on reject items.
  •  CUSTOMER also agrees to indemnify, defend, and hold harmless the BANK from and against any and all losses, costs, expenses, fees, claims, damages, liabilities, and causes of actions (including attorney fees and disbursements) of third parties resulting or arising from
    1.  CUSTOMERS failure to abide by or perform any obligation imposed upon it under this Addendum;
    2. the willful misconduct, fraud, criminal activity, intentional wrongdoing, or negligence of CUSTOMER or any of CUSTOMERS representatives involving use of the Remote Deposit Services and all services and activities described herein;
    3. the actions, omissions, or commissions of CUSTOMER, CUSTOMERS agents relating to the Remote Deposit Service; and,
    4. from any transmission or instruction, whether or not authorized, made by CUSTOMER in connection with the Remote Deposit Service that is acted upon by the BANK in good faith.

 

Bank Duties and Obligations:

Bank Receipt of Deposit:

  • BANK reserves the right, at its sole discretion, to reject any Check Image transmitted through the Service without liability to you.
  • BANK is not responsible for Check Images that it does not receive or that are dropped during transmission.
  • A Check Image shall be deemed received when you receive a confirmation from BANK that we have received the Check Image.
  • Receipt of such confirmation does not mean that the transmission was error-free, complete, or will be considered a deposit and credited to your Account.
  • BANK further reserves the right to chargeback to your Account at any time any Check Image we subsequently determine was not an Eligible Check or properly payable.
  • You agree that BANK is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible check.
  • Any check returned unpaid for any reason will be debited from your Account.

Bank Obligations:

  • BANK reserves the right to eliminate or change any of the function capabilities at any time without prior notice.
  • Bank will not be liable for non‐authorized use of the Remote Deposit Service or for any losses or liability that may result.
  • Bank will process all transactions received during the hours established by the BANK for accepting items deposited through the Remote Deposit Service, except when prevented from doing so due to equipment or electrical failures or any other condition beyond the reasonable control of the BANK.
  • If the Remote Deposit Service is not functioning, CUSTOMER will need to make CUSTOMERS deposit at one of the BANKS branches.

Warranties; Disclaimer of Warranties:

  • The Remote Deposit Service is provided on an “as is” and “as available” basis. The BANK makes no and expressly disclaims all warranties, expressed or implied, regarding the remote deposit service, including the warranty of title and the implied warranties of merchantability, fitness for a particular purpose, and non‐infringement.
  • Without limiting the generality of the foregoing, the BANK disclaims any warranties regarding the operation, performance or functionality of the remote deposit service (including, without limitation, that it will operate without interruption or be error free). There are certain security, information corruption, transmission error, and access availability risks associated with using open networks such as the internet and/or telecommunication lines or circuits. You hereby assume all such risks associated with use of the remote deposit service.

Limitation of Liability:

  • The total liability of the BANK in connection with any deposit error arising from CUSTOMERS use of the Remote Deposit Service shall be limited to a correction of any error arising from the negligence of the BANK. In no event shall the BANK be liable for special, incidental, punitive or consequential loss or damage of any kind, including lost profits.

Term and Termination:

  • The term of this Agreement shall begin when CUSTOMER uses the Remote Deposit Service and shall continue for so long as CUSTOMER or CUSTOMER’S device continues to use Small Business Online and Mobile Banking.
  • The BANK may at any time terminate CUSTOMERS use of the Remote Deposit Service.

 

Accepting the Agreement

When you use Mobile Remote Deposit, you acknowledge that you have received, understand and agree to these terms and conditions.