Terms and Conditions: Union County Savings Bank
Thank you for using Union County Savings Bank Mobile Banking combined with your handheld’s text messaging capabilities. Message & Data rates may apply. For help, text “HELP” to 48179. To cancel, text “STOP” to 48179 at any time. In case of questions please contact customer service at 908-962-5326 or visit unioncountysavings.com.
Terms and Conditions
- Program: Union County Savings Bank offers their customers mobile access to their account information (e.g., for checking balances and last transactions) over SMS, as well as the option to set up alerts for their accounts (e.g., low balance alerts). Enrollment requires identification of the user’s banking relationship as well as providing a mobile phone number. The mobile phone number’s verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website. Additionally, customers may select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the customer. This program will be ongoing. Message & Data rates may apply. Customers will be allowed to opt out of this program at any time.
- Questions: You can contact us at 908-962-5326 or send a text message with the word “HELP” to this number: 48179. We can answer any questions you have about the program.
- To Stop the program: To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says “STOP” to this number: 48179. You’ll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.
- Terms & Conditions: By participating in Mobile Banking, you are agreeing to the terms and conditions presented here.
- Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.
Mobile Banking and any software you may obtain from Mobile Banking (“Software”) may not be available at any time for any reason outside of the reasonable control of Union County Savings Bank or any service provider.
Privacy and User Information. You acknowledge that in connection with your use of Mobile Banking, Union County Savings Bank and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files, data about your usage of the service (such as session length, number of transactions and geolocation), and other data and information provided by you or from other sources in connection with Mobile Banking or the Software (collectively “User Information”). Union County Savings Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking, perform analytics to improve the service, and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. Union County Savings Bank and its affiliates and service providers also reserve the right to monitor use of Mobile Banking and the Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.
Restrictions on Use. You agree not to use Mobile Banking or the Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use Mobile Banking or the Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by Union County Savings Bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of Union County Savings Bank or any third-party service provider involved in the provision of Mobile Banking; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose Union County Savings Bank, any third-party service provider involved in providing Mobile Banking, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (a) access any software or services for which your use has not been authorized; or (b) use or attempt to use a third party’s account; or (c) interfere in any manner with the provision of Mobile Banking or the Software, the security of Mobile Banking or the Software, or other customers of Mobile Banking or the Software; or (d) otherwise abuse Mobile Banking or the Software.
Privacy and User Information – Data Analytics. You acknowledge that in connection with your use of Mobile Banking, Union County Savings Bank and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive data about your usage of the service (such as session length, number of transactions and geolocation), and other data and information provided by you or from other sources in connection with Mobile Banking or the Software. Union County Savings Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking, perform analytics to improve the service, and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you.
Biometric Login for Mobile Banking.
Biometric login is an optional biometric sign-in method for Union County Savings Bank Mobile Banking that may be available for certain mobile devices that have a built-in biometric scanner. To use biometric login, you will need to first save your fingerprint/facial feature scan on your mobile device (for more help with biometric scanning, contact the manufacturer that supports your mobile device). Biometrics are stored on your device only and Union County Savings Bank never sees or stores your biometric information. You acknowledge that by enabling biometric login, you will allow anyone who has biometric information stored on your device access to your personal and payment account information within Union County Savings Bank Mobile Banking. Union County Savings Bank reserves the right to suspend or disable this feature at any time. Biometric login can only be associated with one Mobile Banking username at a time on a device. If your device doesn’t recognize your biometric information, you can sign in using your standard login credentials (e.g., password). To use biometric login for Mobile Banking on multiple devices, you will need to set it up for each device. You can enable or disable biometric login anytime within Union County Savings Bank Mobile Banking.
Use of Google Maps: You agree to abide by the Google terms and conditions of use found at
http://maps.google.com/help/terms_maps.html and the Google Legal Notices found at
https://www.google.com/help/legalnotices_maps/, or other URLs as may be updated by Google.
Card Controls Additional Terms.
- The Card Controls feature is only available for debit cards issued by Union County Savings Bank that you register within the Mobile Banking App.
- The Card Controls alerts and controls you set through use of the Mobile Banking App may continue to apply, even if you delete the Mobile Banking App or remove it from your mobile device. Please contact Union County Savings Bank to discontinue the alerts and controls.
- Certain Card Control functionality within the Mobile Banking App may not be available for all transactions. Controls and alerts based on the location of the mobile device where the Mobile Banking App is installed or the location of the merchant where the card is being attempted for use may not apply appropriately to card-not-present transactions or transactions where the actual location of the merchant differs from the merchant’s registered address.
- Card Controls may enable access to Union County Savings Bank and third parties’ services and web sites, including GPS locator websites, such as Google’s. Use of such services may require Internet access and that you accept additional terms and conditions applicable thereto.
- To the extent this Mobile Banking App allows you to access third party services, Union County Savings Bank, and those third parties, as applicable, reserve the right to change, suspend, remove, or disable access to any of those services at any time without notice. In no event will webe liable for the removal of or disabling of access to any such services. Wemay also impose limits on the use of or access to certain services, in any case and without notice or liability.
- THE MOBILE BANKING APP, THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF THE MOBILE BANKING APP OR THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE PROHIBITED BY STATE LAW.
- Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE MOBILE BANKING APP AND THE SERVICES MAY BE DELAYED, INTERRUPTED OR DISRUPTED FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICES, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES THAT IS CAUSED BY OR ARISES OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE MOBILE BANKING APP, OR THE SERVICES, OR THE WEBSITES THROUGH WHICH THE MOBILE BANKING APP OR THE SERVICE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM, ARISING FROM OR RELATED TO THE MOBILE BANKING APP, THE SERVICES OR THE WEBSITE THROUGH WHICH THE APP OR THE SERVICES IS OFFERED, THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND LICENSORS AND CONTRACTORS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.
Alerts Additional Terms.
Alerts. Your enrollment in Union County Savings Bank Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Union County Savings Bank account(s). Alerts are provided within the following categories:
- Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.
- Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts.
- Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the More menu within Union County Savings Bank Mobile Banking.
Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts through your mobile device. We may add new Alerts from time to time or cancel old Alerts. We usually notify you when we cancel Alerts but are not obligated to do so.Union County Savings Bank reserves the right to terminate its Alerts service at any time without prior notice to you.
Methods of Delivery. We may provide Alerts through one or more channels (“EndPoints”): (a) a mobile device, by text message; (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Union County Savings Bank Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these EndPoints, and it is your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoint service provider. Alert frequency varies by account and preferences.You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device’s number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.
Alerts via Text Message. To stop Alerts via text message, text “STOP” to 48179 at any time. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in Union County Savings Bank Online Banking and click the box next to your mobile number for the Alerts you’d like to receive again. For help with SMS text alerts, text “HELP” to 48179. In case of questions please contact customer service at 908-962-5326. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.
Limitations. Union County Savings Bankprovides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outsideUnion County Savings Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Union County Savings Bank its directors, officers, employees, agents and service providers liable for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.
Alert Information. As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number.You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.
Mobile Deposit Services. The following terms apply to customers who have been approved by the Bank to use the Bank’s mobile deposit service (“Mobile Deposit Services”). Mobile Deposit Services are not available to all customers, and we reserve the right to limit or prohibit your access to such services. If there is any conflict between these terms and terms set forth elsewhere in this Agreement, or any other agreement between you and the Bank, these terms will control.
- Mobile Deposit Service. Pursuant to the terms of this Agreement, you may use the Mobile Deposit Service to deposit Checks to your Account by creating an Image of an original Check using a Mobile Device and transmitting that Image to us for deposit. Each Image must include the front and back of the original Check, and the following information must be clearly readable: amount, payee name, drawer signature, date, check number, account number, routing and transit number, MICR (Magnetic Ink Character Recognition) line, and any endorsement or other information written on the Check. YOU AGREE THAT ALL CHECKS DEPOSITED VIA THE MOBILE DEPOSIT SERVICE WILL HAVE THE FOLLOWING WORDS BELOW THE SIGNED ENDORSEMENT: “FOR MOBILE DEPOSIT AT UCSB.” You agree to follow any and all other procedures and instructions for use of the Mobile Deposit Service we may establish from time to time. You may transmit Images to us only from a Mobile Device located in the United States.
- Hardware and Software Requirements; Security. In order to use the Mobile Device Service, you must obtain and maintain, at your expense, an appropriate Mobile Device as specified by the Bank. You agree to transmit an Image to us using only a Mobile Device authorized by us to transmit Images. We may change the list of approved Mobile Devices from time to time. We may reject Images that you transmit to us with an unapproved Mobile Device or by other means to which we have not given our consent.
You are solely responsible for the security of your Mobile Device and for use of the Mobile Device to access the Mobile Deposit Services or transmit Checks to us for deposit. You agree to implement and maintain specific internal security controls to protect your Mobile Device and customer information. We may require that you implement and maintain additional specific security controls, and we may notify you of those controls and amend them from time to time. It is strongly encouraged to mitigate risk that smart phone devices are password protected to access the device. Some applications will require additional log-in credentials for heightened security. You agree to notify us immediately in the event you suspect or become aware of any loss, theft, or unauthorized use of the Mobile Deposit Service through your Mobile Device.
You are responsible for all costs of using the Mobile Deposit Service and operating the Mobile Device, including but not limited to telephone and internet charges. You are responsible for maintaining the capacity and connectivity of your Mobile Device as required for use of the Mobile Deposit Service. We are not responsible for any third party software you may need to use the Mobile Deposit Service. You accept any such software as is and subject to the terms and conditions of the software agreement you enter into directly with the third-party software provider at time of download and installation.
- Image Quality. You are responsible for the quality of any Image that you transmit. If we determine that an Image that we receive from you for deposit to your Account is not of sufficient quality to satisfy our image quality standards, as we may establish from time to time, we may reject the Image prior to submission or upon further review by the Bank. You may experience delayed notification of rejection if the Image is rejected during review by the Bank.
- Eligible Items. You agree to scan and deposit only original Checks using the Mobile Deposit Service. If you send an Item to us that was not captured from an original Check, you agree to indemnify, defend, and hold us harmless against any financial loss, costs (including but not limited to attorneys’ fees, costs of litigation and consequential losses, if any), claim, harm or damage that we suffer as a result. In our discretion, we may terminate your access to the Mobile Deposit Service immediately if you send an item that was not captured from an original Check.
- Prohibited Items. You agree and warrant that you will not use the Mobile Deposit Service to scan and deposit any of the following types of Checks or other items, which shall be considered prohibited items:
- (i) Checks that are not payable to you and endorsed by you.
- (ii) Checks payable jointly, unless deposited into an account in the name of all payees.
- (iii) Checks payable to your business when depositing into a personal account.
- (iv)Checks containing any alteration, 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 is drawn.
- (v) Checks that are incomplete or contain incomplete information.
- (vi) Checks previously converted to a substitute check, as defined in Regulation CC, or any IRDs that are derived from or that purport to be substitute checks.
- (vii) Checks drawn on or payable by or at a financial institution located outside of the United States.
- (viii) Checks not payable in United States currency.
- (ix) Checks dated more than six (6) months prior to the date of deposit.
- (x) Checks or Items, the deposit of which is prohibited by our current procedures relating to the Mobile Deposit Service, is otherwise not acceptable under the terms or your Deposit Account Agreement, or is in violation of any applicable law, rule, or regulation.
- (xi) Checks that have previously been submitted through the Mobile Deposit Service or through a mobile deposit or remote deposit capture service offered at any other financial institution.
- (xii) Checks stamped “non-negotiable,” “void,” or any other word or phrase indicating that the item is not valid.
- (xiii) Travelers Checks.
If you use the Mobile Deposit Service to transmit any prohibited Item, or if for any reason we are not able to recognize whether an Image is eligible for deposit, we may reject it without prior notice to you. We reserve the right to charge back to your Account at any time, any Item that we subsequently determine was a prohibited Item or is otherwise subject to chargeback as described in the Deposit Account Agreement. You agree that the Bank is not liable for any loss, costs, fees you may incur as a result of our chargeback of a prohibited Item. You agree that prohibited Items must be deposited through other channels that we offer, such as at a branch, ATM, or bank-by-mail.
- Processing Images. You authorize us to process any Image that you send us or convert an Image to an Image Replacement Document. Once an Image transmitted to us is converted to an IRD, it will thereafter be deemed an Item. You authorize us and any other bank to which an Image is sent to handle the Image or IRD. We reserve the right to reject and to refuse to process any Image you send to us through the Mobile Deposit Service at our sole discretion, without liability to you. We are not responsible for Images we do not receive or that are dropped during transmission.
- Limits. With regard to Checks deposited through the Mobile Deposit Service, the daily mobile deposit limit is $5,000.00, with no single deposit to exceed $5,000.00. The Bank reserves the right to adjust these limits based on account activity, abuse of the Mobile Deposit Service, or general risk parameters. If you attempt to initiate a deposit through the Mobile Deposit Service in excess of these limits, we may reject your deposit. If we permit you to make a deposit through the Mobile Deposit Service in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times.
- Returned Items. In the event that any Item you transmit to us through the Mobile Deposit Service is dishonored, rejected, or returned for any reason, you authorize us to debit the amount of the Item from your Account, or offset the amount from any of your other accounts with us, and assess appropriate fees per the Bank’s Fee Schedule. You acknowledge that all credits received for deposits made through the Mobile Deposit Service are provisional, subject to verification and final settlement. You acknowledge we may reverse such provisional credit if we do not receive final payment from the drawer’s financial institution. You understand and agree that returned deposit activity may result in the cancellation of your access to Mobile Deposit Service. Any item that we may return to you will be returned in the form of an Image or an IRD, and you acknowledge that such Image or IRD may not be used to re-present the Item.
- Disposal of Original Check. For any Image you transmit, you shall be responsible for preventing the transmission of another Image of the original Check or presentment of the original Check by any other means. After you transmit an Image, you agree to retain the original Check for at least fourteen (14) calendar days from the date you receive a memo post from us acknowledging our receipt of the Image, and after the fourteen-day period expires, you agree to mark the original Check “VOID” and destroy the original Check in a manner that protects your sensitive information and renders the original Check incapable of further transmission, deposit, or presentment. During this fourteen-day period, you agree you will promptly provide the original Check to us upon request. You also agree during the fourteen-day period to keep the original Check in a safe and secure location and safeguard the information on the Check. You are responsible for any loss that is incurred if you fail to keep the Check safe and secure. To minimize your damages, you should contact us as soon as you discover that any original Check has been lost or stolen.
- Errors; Cooperation with Investigations. You agree to notify us of any suspected errors regarding Items deposited through the Mobile Deposit Service right away, and in no event later than 30 days after the applicable Account statement has been made available to you. Unless you notify us within 30 days, the statement listing all deposits made through the Mobile Deposit Service shall be deemed correct, and you are prohibited from bringing a claim against us for such alleged error. You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of Items in your possession and your records relating to Items and transmissions.
- Payment Processing.
- (I) Item Processing. At our sole discretion, we may process the Images you send to us electronically through other banks, or we may create Image Replacement Documents that will be processed through traditional check processing methods. If you send us Images that are incomplete, that fail to satisfy our image quality requirements, or that otherwise do not allow us to meet the requirements of Check 21 or any image exchange agreement that would cover our further electronic transmission of Images that you send us, or we are otherwise unable to process Images that you send us, we may charge the Images back to your Account. You agree to be bound by any clearinghouse agreements, operating circulars, and image exchange agreements to which we are a party.
- (ii) Transmission of Items. The Images you send us are not considered received by us until you see a memo post acknowledging that we have accepted your deposit. However, this memo post confirmation does not mean that the transmission was complete, error free, or will be considered a deposit and credited to your Account. As stated in Section (f) of this Agreement, we may refuse to process any Image you send to us for any reason or no reason. Likewise, an Image may be returned to us upon submission into the payment stream for a variety of reasons, including, but not limited to, poor image quality, duplicate entry, fraud, forged items, etc. The Bank reserves the right to charge a service fee for any Item that is presented more than once for collection. See the Bank’s Fee Schedule for related details.
- (iii) Funds Availability. You agree that Items transmitted using the Mobile Deposit Service are not subject to the funds availability requirements of Regulation CC. In general, if an Image you transmit through the Mobile Deposit Service is received and accepted before 4:00 PM Eastern Time on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds from Items deposited through the Mobile Deposit Service will generally be made available to you pursuant to our Funds Availability Policy, although there may be delays in the availability of the funds, and we are not responsible for any loss, costs or fees that you may incur as a result of any such delay. See the section entitled “Funds Availability” in your Deposit Account Agreement for additional information on funds availability.
- (iv) Notices. You consent to the electronic delivery of hold and error in deposit notices. Notices may be sent to your email address.
- (v) Problems in Transmission. By using the Mobile Deposit Service you accept the risk that an Image may be intercepted or misdirected during transmission. You understand that, while we and our service providers have established certain security procedures, such as firewalls, codes and data encryption designed to prevent unauthorized access to your Accounts or transactions, there can be no assurance that the Mobile Deposit Service will be completely secure. You also understand that access to the Mobile Deposit Service will not be free from delays, malfunctions, or other inconveniences generally associated with the Internet. You agree that we are not responsible for any such unauthorized access, delays or malfunctions, and we are not responsible for the acts of third parties or for any delay or interruption in the Mobile Deposit Service beyond our control. The Bank bears no liability to you or others for any such intercepted or misdirected Images or information disclosed through such errors or other problems in the course of transmission of the Images.
- Fees. The Bank may change the fees for Mobile Deposit Service at any time pursuant to the Bank’s Fee Schedule. You authorize the Bank to deduct any such fees from any account in your name.
- Representations and Warranties. You make the following representations and warranties to us:
- (i) You and any user you authorize will use the Mobile Deposit Service only for lawful purposes and in compliance with all applicable rules and regulations and with our reasonable instructions, rules, policies, specifications, and operating procedures and will not violate any law of any country or the intellectual property rights of any third party.
- (ii) You will use the Mobile Deposit Service to transmit and deposit Images of original Checks only.
- (iii) You will not transmit duplicate Checks to us or any other person for deposit.
- (iv) You will not re-deposit or re-present the original Check after transmitting an Image of the Check to us for deposit. If any Check is presented or deposited more than once, whether by Image or by any other means, we may, at our discretion, reject it or return it and charge it against your Account without prior notice to you.
- (v) You will transmit only Images of Checks eligible for deposit through the Mobile Deposit Service and will handle Items as agreed herein.
- (vi) You are a person authorized to enforce each Check or are authorized to obtain payment of each Check on behalf of a person entitled to enforce a check.
- (vii) Checks have not been altered and you are not aware of any factor which may impair the collectability of the Check.
- (viii) Each Check bears authentic and authorized signatures and endorsements.
- (ix) Each Check has been endorsed as “FOR MOBILE DEPOSIT AT UCSB”.
- (x) You will not knowingly or unknowingly transmit or cause to be transmitted to us any computer virus or malicious code.
- (xi) All Images accurately and legibly represent all of the information on the front and back of the Check.
- (xii) No depository bank, drawee, drawer, or endorser will receive presentment or return of, or otherwise be charged for, a substitute check, the original check, or a paper or electronic representation of a substitute check or the original check such that that person will be asked to make a payment based on a check that it has already paid.
- (xiii) You understand that acceptance of these terms is required for use of the Mobile Deposit Service.
- Third-Party Service Provider. Items and other related information may be processed on our behalf through any agent or third party service provider (“Service Provider”) of us. Performance of services through a Service Provider does not affect any of your obligations under this Agreement.
- Termination. If you want to terminate your access to the Mobile Deposit Service for any reason, you may call 908-962-5326 and speak to a representative. The Bank reserves the right to terminate or suspend the Mobile Deposit Service, at any time with or without cause and without prior written notice. This Agreement shall remain in full force and effect unless and until it is terminated by you or us. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use the Mobile Deposit Service for any unauthorized or illegal purposes, or you use the Mobile Deposit Service in a manner inconsistent with the terms of your Deposit Account Agreement or any other agreement with us. You agree that Sections (b), (f), (h), (i), (j), (k), (m), (o) will survive and remain in effect even after termination of the Agreement. You will remain liable for any Image transmitted through the Mobile Deposit Service as set forth in this Agreement, even if the Agreement is subsequently terminated by either party.
- Limitations of Mobile Deposit Service. When using the Mobile Deposit Service, 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. You agree to use other channels that we offer, such as deposit via a branch, ATM, or bank by mail when the Mobile Deposit Service may not be available. Use of the Mobile Deposit Service is subject to certain qualification requirements, and we reserve the right to limit or prohibit your access to the Mobile Deposit Service, or to change the qualifications at any time without prior notice. We reserve the right to change, suspend, or discontinue the Mobile Deposit Service, in whole or in part, or your use of the Mobile Deposit Service, in whole or in part, immediately and at any time without prior notice to you.