This Mobile Deposit User Agreement (“Agreement”) contains the terms and conditions for the use of First Pryority Bank’s Mobile Deposit services that First Pryority Bank (“bank”, “us”, “our”, or “we”) may provide to you (“you,” or “User”). Other agreements you have entered into with First Pryority Bank, as applicable to your First Pryority Bank account(s), are incorporated by reference and made a part of this Agreement, including the Online Banking Agreement.
1. Services. First Pryority Bank’s Mobile Deposit services (“Services) are designed to allow you to make deposits to your checking, savings, or money market savings accounts from home or other remote locations by capturing the image of a check and delivering the images and associated deposit information to First Pryority Bank or our designated processor.
2. Acceptance of these Terms. Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change at any time. We will notify you of any material change via e-mail, secure message, text message, or on our website by providing a link to the revised Agreement. Your continued use of the Services will indicate your consent to be bound by the revised Agreement. Further, First Pryority Bank 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.
3. Limitations of Service. When using the Services, you may experience technical or other difficulties. We will attempt to notify you of these interruptions in Service, by posting alerts to our website, by e-mail, secure message or some other manner. 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 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.
4. Hardware and Software. To use the Services, you are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment necessary for you to access and use the Service at your expense. First Pryority Bank is not responsible for any third party software you may need to use the Service. 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. Mobile Deposit will work on iPhone, IPod Touch, iPad and most Android devices.
5. Fees. There is no charge for the Mobile Deposit Service, but other fees, such as for returned items or overdrafts, may apply. See our current Schedule of Fees for additional information. We may, upon at least 30 days prior notice to you, to the extent required by applicable law, charge a fee for the use of this Service. If you continue to use the Service after the fee becomes effective, you agree to pay the Service fee the fee becomes effective, you agree to pay the Service fee that has been disclosed to you, and may be amended from time to time. If there is a fee, it will be deducted from the account you use in conjunction with the Service.
6. Eligible Items. You agree to capture and deposit only “checks” as that term is defined in Federal Reserve Regulation CC (“Reg CC”). When the image of the check transmitted to First Pryority Bank is converted to an Image Replacement Document for subsequent presentment and collection, it shall thereafter be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code.
You agree that you will not scan and deposit any of the following types of checks and other items which shall be considered ineligible items:
7. Endorsements and Procedures. You agree to restrictively endorse any item transmitted through the Service. The endorsement shall consist of either “For Mobile Deposit to First Pryority Bank” then followed by depositor’s signature OR “For Deposit Only at First Pryority Bank” and your signature.
You agree to follow any and all other procedures and instructions for use of the Service as First Pryority Bank may establish from time to time. Your check may be rejected if endorsement does not include our bank’s name AND your signature.
8. Receipt of Items. Nothing in this Agreement shall be construed as requiring First Pryority Bank to accept any check or item for deposit, even if First Pryority Bank has accepted that type of check or item previously. Nor shall First Pryority Bank be required to identify or reject any checks or items that you may capture and deposit that fail to meet the requirements of this Agreement.
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 First Pryority Bank that we have received the 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. We further reserve the right to charge back to your account at anytime, any item that we subsequently determine was not an eligible item. You agree that the Bank is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.
9. Availability of Funds. Checks deposited via the Service by the bank’s 4:00 p.m. CST deadline will be considered deposited on that business day and subject to Funds Availability disclosure provided at account opening. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited using the Services will generally be made available on the first business day after the day of deposit.
10. Disposal of Transmitted Items. Upon receipt of a confirmation from First Pryority Bank that we have received an image that you have transmitted, you agree to prominently mark the item as “Electronically Presented”, “VOID”, or otherwise render it incapable of further transmission, deposit, or presentment. You agree never to re-present the item. You agree to retain the check for at least 45 calendar days from the date of the image transmission. After 45 days, you agree to destroy the check that you transmitted. During the time the retained check is available, you agree to properly handle the check and upon request, promptly provide it to First Pryority Bank.
11. Deposit Limits. We reserve the right to and may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. 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. Deposits in excess of collected funds may be put on hold for large item per the Reg CC schedule.
12. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in First Pryority Bank’s sole discretion subject to the agreements governing your account.
13. Errors. You agree to notify First Pryority Bank of any suspected errors regarding items deposited through the service right away, and in no event later than 60 days after the applicable First Pryority Bank account statement is sent. Unless you notify First Pryority Bank within 60 days, such statement regarding all deposits made through the service shall be deemed correct, and you are prohibited from bringing a claim against First Pryority Bank for such alleged error.
14. Errors in Transmission. By using the Services you accept the risk that an item may be intercepted or misdirected during transmission. First Pryority Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
15. Security of your Mobile Device and Account Information. You are responsible for (i) maintaining the confidentiality and security of your mobile devices, access number(s), password(s), security question(s), and answer(s), account number(s), login information, and any other security or access information, used by you to access the Service, and (ii) preventing unauthorized access to or use of the information, files or data that you store, transmit or use in or with the Service. You agree to not supply this access information to anyone. You will be responsible for all electronic communications, including image transmissions, email and other data entered using the access information. Any communications received through the use of the access information will be deemed to be sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any access information, including your mobile devices. We reserve the right to deny you access to the service or any part thereof if we believe that any loss, theft or unauthorized use of access information has occurred.
16. Image Quality. The image of an item transmitted to First Pryority Bank using the service must be legible and provide all information on the front and back of the original check at the time presented to you by the drawer. The image quality of the items must comply with the requirements established from time to time by the American National Standards Institute, the Board of Governors of the Federal Reserve Board, any other regulatory agency, clearing house or association or any higher standard set by us.
17. Taking Photos. All images are reviewed for clarity and completeness. If an error is detected, the App will prompt you to make adjustments and retake the photo. Follow these tips to help ensure a good photo is taken:
18. User Warranties and Indemnification. You warrant to First Pryority Bank that:
19. Cooperation with Investigations. 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 deposited through the Service in your possession and your records relating to such items and transmissions.
20. Enforceability. We may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. 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.
21. Ownership & License. You agree that First Pryority Bank retains all ownership and proprietary rights in the service, associated content, technology, and website(s). Your use of the service is subject to and conditioned upon your complete compliance with this agreement. Without limiting the restriction of the foregoing, you may not use the service (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to First Pryority Bank’s business interest, or (iii) to First Pryority Bank’s actual or potential economic disadvantage in any aspect. 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 service.
22. Disclaimer of Warranties. You agree that your use of the service 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 service, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement. We make no warrant that the service (i) will meet your requirements, (ii) will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the service will be accurate or reliable, and (iv) any errrors in the service or technology will be corrected.
23. 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 service 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 service, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), even if First Pryority Bank has been informed of the possibility thereof.
24. Termination or Refusal by Us. 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, such as by unauthorized or erroneous use of your access information; or (b) we believe the service is not being used for its intended, bona fide and lawful purposes under this agreement or any other agreement you have with First Pryority Bank; (c) we have reason to believe the service is being used in an anti-competitive manner or contrary to First Pryority Bank’s business interests; or (d) 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.
