In this Disclosure and Agreement, the words “I,” “me,” “my,” “us,” and “our” mean the (consumer or business) that applied for and/or uses any of the Mobile Deposit Capture Services (the “Services”) described in this Disclosure and Agreement. The words “you,” “your,” and “yours” mean Oregon Community Bank & Trust (“OCB&T”). My application for use of Mobile Deposit Capture Services (the “Services”), your notification of approval of my application, and my Oregon Community Bank & Trust Deposit Account Agreement are hereby incorporated into and made part of this Disclosure and Agreement.
Following my enrollment for online banking and successful downloading of the mobile app, I am authorized by you to remotely deposit paper checks I receive to my account with you (the “Account”) by electronically transmitting a digital image of the paper checks to you for deposit. My use of the Services constitutes my acceptance of the terms and conditions of this Disclosure and Agreement. Upon receipt of the digital image, you will review the image for acceptability. I understand and agree that receipt of an image does not occur until after you notify me of receipt of the image via the Account History feature within The Mobile Deposit Capture Services. I understand that, in the event I receive a notification from you confirming receipt of an image, such notification does not mean that the image contains no errors or that you are responsible for any information I transmit to you. You are not liable for any image that you do not receive. Following receipt of the image, you may process the image by preparing a “substitute check” or clearing the item as an image. Notwithstanding anything to the contrary, you reserve the right, within your sole and absolute discretion, to accept or reject any item for remote deposit into my Account. I understand that any amount credited to my Account for items deposited using the Services is a provisional credit and I agree to indemnify you against any loss you suffer because of your acceptance of the remotely deposited check.
In addition I agree that I will not (i) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service, (ii) copy or reproduce all or any part of the technology or Services; or (iii) interfere, or attempt to interfere, with the technology or Service.
Any image of a check that I transmit to you must accurately and legibly provide all the information on the front and back of the check at the time presented to me by the drawer. Prior to capturing the original check, I will endorse the back of the original check. The captured image of the check transmitted to you must accurately and legibly provide, among other things, the following information: (1) the information identifying the drawer and the paying bank that is preprinted on the check, including complete and accurate MICR information and the signature(s); and (2) other information placed on the check prior to the time 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. The image quality for the check will meet the standards for image quality established by the American National Standards Institute (“ANSI”), the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association. OCB&T reserves the right to reject any check image that is not clear, skewed or that is suspicious in any manner.
I understand and agree that the Services may at times be temporarily unavailable due to system maintenance or technical difficulties including those of the Internet service provider and Internet software. It is my sole responsibility to verify that items deposited using the Services have been received and accepted for deposit by you. However, you will send notification of items that are rejected by the next business day following rejection.
I understand mobile deposits may be made up to 3 p.m. Monday through Friday Central Time, except during holidays. Transmissions processed after these business hours on a business day, or on any other day that is not a business day are treated as occurring on the next business day.
I make the following warranties and representations with respect to each image of an original check I transmit to you utilizing the Services:
I understand and agree that I cannot exceed the limitations on frequency and dollar amounts of remote deposits that are set forth by you. These limits are as follows:
I understand and agree that I am not permitted to deposit the following items using the service:
I must securely store each original check. If I am using the Service to deposit items into an account to which I am a party I understand this means the original check(s) that I deposit using the Services, must be accessible for a period of 45 days after transmission and final credit is given to my account. After such period expires, all checks must be destroyed in a manner that will assure that the check cannot be reconstituted after 45 days. I understand and agree that I am responsible for any loss caused by my failure to secure or destroy the original checks.
In the event that I believe there has been an error with respect to any original check or image thereof transmitted to you for deposit or a breach of this Agreement, I will immediately contact you regarding such error or breach as set forth below.
Telephone: 608-835-3168 • Email: Customer Support
You may change the terms and charges for the Services indicated in this Disclosure and Agreement by notifying me of such change and may amend, modify, add to, or delete from this Disclosure and Agreement from time to time my use of the Services after receipt of notification of any change by you constitutes my acceptance of the change.
I may, by written request, terminate the Services provided for in this Disclosure and Agreement. At your sole discretion, you may revoke my privilege for using the Services at any time. In the event of termination of the Services, I will remain liable for all transactions performed on my Account.
The information in these Disclosures applies only to the Services describe herein. Provisions in other disclosure documents, as may be revised from time to time, remain effective for all other aspects of the Account.
I will pay the amount listed in your Fee Schedule for the service. I understand that OCB&T does not currently charge a fee for the service. I also understand you may add, increase, alter, or otherwise change the fee and other amounts for the Services from time to time.