Mobile Deposit User Agreement
This Mobile Deposit User Agreement (the "Agreement") governs your use of the mobile remote deposit capture service that Grand Bank ("We" or "Us") may provide to you ("you" or "your").
1. Description of Remote Capture Services.
Our mobile remote deposit capture services (collectively, the "Service") allow you to deposit into your checking, savings, or money market savings accounts with Us by sending images of checks via your compatible mobile device, together with relevant deposit information. You may only deposit checks using the Service.
2. Other Agreements.
The Service is an addition to the Terms and Conditions of Your Account, your Grand Bank Online Disclosures, and your Grand Bank Mobile Banking disclosures. These and all other agreements you have with Us, including, without limitation, our funds availability policy remain in full force and effect, are not modified by this Agreement and apply to your use of the Service. The terms and conditions of this Agreement will govern your use of the Service if there is a conflict between any other agreement you have with Us and this Agreement. You should review your other agreements with Us for any other restrictions that might affect your use of the Service.
3. Image of Checks for Deposit.
All images must be legible and meet standards established from time to time by the American National Standards Institute and all laws and regulations that We are required to observe, including those of any regulatory authority or any clearing house, payment system or intermediary. Checks submitted to Us through the Service must be payable to you and are subject to verification and inspection. You agree to send Us an image of the front and back of each check you deposit using the Service indorsed by you "For Deposit Only". Third party checks may not be deposited through the Service.
4. Receipt of Checks.
We reserve the right, at our discretion, to reject any check transmitted to Us via the Service without liability to you. We are not responsible for checks We do not receive. Images that are lost during transmission are not received. An image of a check shall not be deemed received until you receive a confirmation of receipt from Us. However, receipt of confirmation does not mean that the check was cleared, presented for payment or collected. Funds deposited using the Service will be available in accordance with our Funds Availability Policy in effect from time to time. We reserve the right, in our sole discretion, to reject any deposit at any time and for any reason.
The manner in which any check is cleared, presented for payment and collected shall be in our sole discretion subject to the agreements governing your account. Not all checks are eligible to be deposited using the Service.
6. Retention and Disposal of Transmitted Checks.
You agree to retain for 30 days after receipt of a confirmation from Us that We have received the image any check transmitted to Us using the Service. During such time, you agree to promptly provide the check to Us upon request. After 30 days, you agree to mark the check "VOID" and then destroy it or otherwise render it incapable of further transmission, deposit or presentment.
7. Limits on Deposits.
You may not deposit any check more than one time. You may not make deposits under this Agreement in excess of the limits we set from time to time. Currently you are limited the lesser of $2,000 per day, $5,000 per month or 100 checks per month. You agree that We may change these limits from time to time without prior notice to you. We may reject any deposit that exceeds the limits in effect at the time the deposit is made. If We permit you to make a deposit 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.
You agree as a part of your careful review of each account statement that you receive to identify any error regarding any check deposited using the Service. You agree to promptly notify Us, and in no event later than 30 days after the date the applicable statement is sent or otherwise made available to you, if you believe that there has been such an error. Unless you notify Us within such 30 day period, each account statement shall be deemed correct, and you are prohibited from bringing a claim against Us for any alleged error.
9. Misdirected and Intercepted Transmissions.
You accept the risk that electronic communications may be misdirected or intercepted by third parties when you use the Service, and you agree that We bear no liability to you or others for any such intercepted or misdirected communications.
10. Your Conduct.
You agree that your use of the Service will at all times be in compliance with applicable law. You agree not to use the Service or the content or information delivered through the Service in any way that would: (a) violate any law, statute, ordinance or regulation; (b) be false, misleading or inaccurate; (c) create liability for Us or our service providers or cause Us to lose (in whole or in part) the services of any of our service providers; (d) potentially be perceived as illegal, offensive or objectionable; (e) interfere with or disrupt computer networks connected to the Service; (f) interfere with or disrupt the use of the Service by any other user; or (g) have the affect or appearance of conducting, or attempting to conduct, penetration tests, vulnerability scans, or other assessments of the configuration, security posture, or performance characteristics of the Service, our networks or computers.
11. Your Representations, Warranties and Covenants.
In addition to the representations, warranties and covenants in your other account documents, you represent, warrant and covenant that (i) you will only transmit eligible checks; (ii) you will not transmit duplicate checks nor re-deposit or re-present the original check; and (iii) you will comply with this Agreement and all applicable laws, rules and regulations.
12. Waiver; Enforceability.
Any waiver of any term of this Agreement by Us on one occasion will not prevent us from asserting our rights to these terms in the future. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
You agree to indemnify and hold harmless Us and each of our directors, officers, employees, agents, successors and assigns (each, an "Indemnitee") from and against any and all liability, loss and/or damage of any kind (including attorneysâ€™ fees and other costs incurred in connection therewith) incurred by or representation, warranty or covenant contained in this Agreement, and/or (b) use of the Service, except to the extent that such liability, loss or damage is proximately caused by the gross negligence or willful misconduct of such Indemnitee.
14. Termination of Refusal of Service.
We reserve the right to refuse to honor an instruction or suspend or terminate the Service, in whole or in part, at any time, with or without notice to you, with or without cause, including, without limitation, if: (a) we have reason to believe that your account has been compromised or mismanaged in any way, including unauthorized or erroneous use of your Access Information; or (b) we believe the Service is not being used for its intended and lawful purpose under this agreement or any other agreement you have with Grand Bank; or (c) your account is closed or access to your account is restricted for any reason. Termination will not affect your liability or obligations under this agreement or any other agreements you have with us.
15. DISCLAIMER OF WARRANTIES.
YOU AGREE THAT YOUR USE OF THE SERVICE AND ALL INFORMATION AND/OR CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN â€œAS ISâ€ AND â€œAS AVAILABLEâ€ BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (b) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND/OR (c) ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED.
16. Governing Law.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Oklahoma.
17. Mobile Deposit Fees
There is no Fee for the first ten (10) deposits per calendar month, Deposits in excess of ten (10) per calendar month will be assessed a $1.00 fee per deposit. We reserve the right to change our fee schedule from time to time and to charge your account the updated fee. You will be notified 30 days prior to any fee adjustment.