Remote Deposit Capture User Agreement (“Agreement”):
This Agreement contains the terms and conditions for the use of Decatur County Bank and West
Tennessee Bank’s (“DCB”, “us,” or “we”) Mobile Check Deposit and/or other remote deposit capture
services that we or our affiliates may provide to you (“you,” or “User”). Other agreements you
have entered into with DCB, including the Deposit Account Terms and Conditions Agreement,
Electronic Funds Transfer Agreement and other Disclosures governing your DCB account, are
incorporated by reference and made a part of this Agreement.
Services. The mobile check deposit services (“Services”) are
designed to allow you to make deposits to your checking, savings, or money market savings
accounts and loan payments from your smartphone by taking a picture of the check(s)
and delivering the images and associated deposit/payment information to DCB or DCB’s
designated processor. There is currently no charge for the Services. You may be
charged access fees by your cell phone provider based on your individual plan. Web access is
required to use this service. Check with your cell phone provider for details on
specific fees and charges.
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 email or on our website(s) by providing a
link to the revised Agreement. Your continued use of the Services after any such
change will indicate your acceptance of the revised Agreement. Further, DCB 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 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 DCB shall be deemed an “item” within the meaning of Article 4
of the Uniform Commercial Code as adopted in Tennessee. You agree that you will not use
the Services to 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 UnitedStates.
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.
Checks or items prohibited by DCB’s current procedures relating to the Services or which are
otherwise not acceptable under the terms of your DCB account.
Image Quality. The image of an item transmitted to DCB 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, DCB Account #_” or as
otherwise instructed by DCB. You agree to follow any and all other procedures and
instructions for use of the Services as DCB may establish from time to time.
Receipt of Items. We reserve the right to reject any item
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 DCB that we have received the image. Receipt of such confirmation
does not mean that the transmission was error free or complete.
Availability of Funds. Funds deposited using the Services will be
available after DCB receives payment for the funds submitted and in accordance with
DCB’s funds availability policy. DCB may make such funds available sooner based on
such factors as credit worthiness, the length and extent of your relationship with
us, transaction and experience information, and such other factors as DCB, in its sole
discretion, deems relevant.
Disposal of Transmitted Items. Upon your receipt of a confirmation
from DCB 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 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 DCB as requested to aid in the clearing and collection process, to
resolve claims by third parties with respect to any item, or for DCB’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.
Hardware and Software. In order to use the Services, you must
obtain and maintain, at your expense, compatible hardware and software as specified by DCB
from time to time. See decaturcountybank.com for current hardware and software
specifications. DCB is not responsible for any third party software you may need to
use the Services. Any such software is accepted by you as is and is 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.
Errors. You agree to notify DCB of any suspected errors regarding
items deposited through the Services right away, and in no event later than 60 days after
the applicable DCB account statement is sent. Unless you notify DCB 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 DCB for such alleged error.
Presentment. The manner in which the items are cleared, presented
for payment, and collected shall be in DCB’s sole discretion subject to the Deposit
Account Terms & Conditions Agreement and Disclosures governing your account.
Ownership & License. You agree that DCB retains all ownership
and proprietary rights in the Services, associated content, technology, and website(s).
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 DCB’s business interest, or
(iii) to DCB’s actual or potential economic disadvantage in any aspect. You may use
the Services only for conducting business or personal transactions with DCB in
accordance with this Agreement. You may not use the Services for your business purposes. Any
unauthorized use of the Services may result in the termination of use of the
Services and additional penalties as allowed by law. You may not copy, reproduce, distribute
or create derivative works from the content and agree not to reverse engineer or
reverse compile any of the technology used to provide the Services.
DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND
ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY
KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY , FITNESS FOR A P ARTICULAR PURPOSE AND
NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR
REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMEL Y , SECURE, OR ERROR- FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN
THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES
RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY
THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF
THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF DCB HAS BEEN INFORMED OF THE POSSIBILITY
User warranties and indemnification. You warrant to DCB that:
- You will only transmit eligible items.
- Images will meet the image quality standards.
- You will not transmit duplicate items.
- You will not deposit or represent or allow anyone else to deposit or representthe original item.
- All information you provide to DCB is accurate and true.
- You will comply with this Agreement and all applicable rules, laws and regulations.
- You agree to indemnify and hold harmless DCB from any loss for breach of this warranty provision.
Other terms. You may not assign this Agreement. This Agreement is
entered into in Decaturville, Tennessee, and shall be governed by the laws of the
State of Tennessee 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.