Consumer Mobile Deposit Capture Terms & Conditions

User Agreement

This Peoples Bank Mobile Deposit User Agreement (the “Agreement”) is entered into by Peoples Bank (the “Bank”) and you, the Customer. The Agreement governs your use of the Mobile Deposit Service offered by Peoples Bank (the “Service”). By enrolling to use the Service, you agree to be bound by the terms and conditions contained in this Agreement. Please read this Agreement carefully and keep it for future reference. In addition to this Agreement, your Account is also governed by our Terms and Conditions Agreement, including but not limited to the section entitled “Funds Availability Policy (together, the “Deposit Agreement”). If the terms and conditions of this Agreement conflict with those of the Deposit Agreement, the terms and conditions of this Agreement supersede the terms and conditions of the Deposit Agreement, only with respect to the deposits made through the Service. Deposits made through other channels continue to be governed by the Deposit Agreement.


Definitions

  1. “You” and “your” means: (i) a person who has applied for the Service for personal use, or (ii) a small business entity (or its authorized representative, as applicable) that has applied for the Service for business use by that authorized representative.
  2. “Bank”, “we”, “us”, and “our” mean Peoples Bank.
  3. “Account” means your deposit account with us to which you are authorized to make a deposit using a Mobile Device.
  4. “Check 21” means the Check 21 Clearing for the 21st Century Act.
  5. “Image” means the electronic image of the front and back of an item, in addition to other required information, as specified by us in the format we specify.
  6. “Item” is an original: check, cashier’s check, official check, United States Treasury check, or any other payment instrument, drawn on a financial institution within the United States and payable in United States currency that is payable to you. Items are deemed to be “items” under the Uniform Commercial Code and “checks” under Regulation CC (Funds Availability Act).
  7.  “Mobile Device” means any device acceptable to us from time to time that provides for the capture of images from items and for transmission through the clearing process.


Description

The Service is designed to allow you to make deposits to your checking, money market checking or savings accounts from your camera-enabled mobile device capable of capturing check images and information and electronically delivering the items and associated deposit information to the Bank or the Bank’s designated processor.


Terms and Conditions

1. Hardware and Software requirements

You agree to transmit an Image to us using only a Mobile Device that is acceptable to us. We may reject Images that you transmit to us with an unapproved Mobile Device or by other means to which we have not deemed acceptable. You are responsible for the security of the Mobile Device, and for allowing its use only by individuals authorized by you. You agree to implement and maintain specific internal security controls to protect the Mobile Device and customer information. We may require that you implement and maintain additional specific 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.

You are responsible for all costs of using the Service and operating the Mobile Device, including, but not limited to telephone and internet service charges. You are responsible for maintaining the system’s capacity and connectivity required for use of the Service. We shall notify you of those requirements, and we may amend them from time to time.

2. Image Quality

You are responsible for the image quality of any Image that you transmit. If 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 of the item by the Bank. You may experience delayed notification if the item is rejected during the review at the Bank. Each Image must include the front and back of the item, and the following information must be clearly readable: amount, payee name, drawer signature, date, check number, account number, routing/transit number, MICR (Magnetic Ink Character Recognition) line, and any endorsement or other information written on the check.

3. Endorsements and Procedures

You agree to restrictively endorse any item transmitted through the Services as “FOR MOBILE DEPOSIT ONLY, PEOPLES BANK, account #_____” or as otherwise instructed by the Bank. You agree to follow any and all other procedures and instructions for use of the Service as the Bank may establish from time to time. Endorsements must be made on the back of the share draft or check within 1½ inches from the top edge, although we may accept endorsements outside this space. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. For a check payable to you and any joint owner(s) of your Bank account, the check must be endorsed by all such payees and you may only use Mobile Deposit to deposit such check into a Bank account jointly owned by all such payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and any non-joint owner, you may not deposit the check into your Bank account using the Service.

4. Deposit Limits

The daily mobile deposit capture limit is $3,000 with no single item to exceed $1,500. Peoples Bank reserves the right to adjust these limits based on account activity, abuse of the product, or general risk parameters. If you attempt to initiate 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.

5. Deposit of Other Items and Deposits when Service Not Available

You agree that you will not use the Service to deposit anything not meeting the definition of an Item. If you use the Service to transmit anything that is not an Item, or if for any reason we are not able to recognize as an Item, we may reject it without prior notice to you. You agree to make those deposits through other channels that we offer such as at a branch or bank by mail. You further agree to use such other channels when the Service may not be available.

6. Returned Items

You are solely responsible for any Item for which you have been given provisional credit, and any such Item that is returned or rejected may be charged to your Account. You acknowledge that all credits received for deposits made through the Service are provisional, subject to verification and final settlement, any Item that we return in the form of an Image.

7. Handling of Transmitted Items

You will not allow the transmission of an Image of an Item that has already been presented to us or to any other bank by any other means. You will not allow transmission of an Image of an Item that has already been transmitted through the Service. If an Image of an Item has been transmitted to us or to any other bank, you will not allow the Item to be subsequently presented by any other means. If any Item 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. For any Image which you have transmitted, you shall be responsible for preventing the transmission of another Image of the Item or presentment of the Item by other means. You agree to retain the Item for a minimum of 7 calendar days from the date of the Image transmission, and there after to destroy each Item of which you have transmitted an Image after the 14th day. The Bank reserves the right to charge a service fee for any item that is presented more than once for collection. See fee schedule for related details.

8. 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 in your possession and your records relating to Items and transmissions.

9. Payment Processing

a. Item Processing—At our sole discretion, we may process the Images that 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 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 to 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.

b. 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 or error free. As stated in Processing Images Section 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 Peoples Bank 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.

c. Funds Availability—These provisions apply only to demand deposit checking Accounts where deposits are made through the Service. You agree that Images submitted via the Service from your Mobile Device are not subject to the funds availability requirements of the Federal Reserve Board’s Regulation CC. Our policy is generally to make funds from the Service available to you on the first Business Day after the day we receive your deposit. Funds that are deposited using the Service will not be deemed “received” by us until we have received an Image that meets all of the requirements for deposits stated in this Agreement. Once the funds are available, you can withdraw the funds in cash and we will use the funds to pay items and transactions drawn on your account. For determining the availability of your deposits, every day is a Business Day, except Saturdays, Sundays, and Federal holidays. If you make a deposit using the Service by the cut-off time of 4 PM Central Time (Monday through Friday) on a day that is not a Business Day, we will consider such deposit made on the next Business Day that we are open.

In some cases, we will not make all of the funds that you deposit using the Service available to you on the first Business Day after the day of your deposit. Depending on the type of check that you deposit, funds many not be available until the second Business Day after the day of your deposit. The first $200 of your Service deposit, however, will be available on the first Business Day. If we are not going to make all of the funds available on the first Business Day, we will notify you at the time you make the deposit. We will also tell you when the funds will be available.

In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:

  • We believe a check you deposited will not be paid
  • You deposited checks totaling more than $5,000 on any one day
  • You have re-deposited a check that has been previously returned unpaid
  • You have overdrawn your Account repeatedly in the last 6 months
  • There is an emergency, such as failure of computer or communications equipment.

The availability of funds you deposit using the Service may also be delayed for a variety of additional reasons as determined in the Bank’s discretion, including, but not limited to:

  • We believe a check you deposited is a duplicate Image
  • You deposited checks totaling more than any applicable per Item limit, daily dollar amount limit, or any other limitations that the Bank may impose
  • We exercise our rights to investigate any unusual or suspicious Items as in the Bank’s discretion.

10. Availability of Service/Contingency

In the event you are unable to capture, balance, process, produce or transmit an Image to the Bank, or otherwise comply with the terms or the Procedures for any reason, including but not limited to, communications, equipment or software outages, interruptions or failures, you must either hand deliver or mail the originals of all checks to the closest Bank location. The deposit of original checks at an office of the Bank shall be governed by the terms and conditions of the Deposit Account Agreement and not by the terms of this Agreement.

11. Fees

This Service is provided to you at no charge. We may, with at least 30 days prior notice to you, to the extent required by applicable law, charge a fee for the Service. If you continue to use the Service after the fee becomes effective, you agree to pay the fee, which may change from time to time. Further, we may charge any Service fee at any time, as long as we give you at least 30 days prior notice, to the extent required by applicable law. You are responsible for any fees or other charges your wireless carrier may charge for any related data or message services, including without limitation for short message service.

12. Duty to Report Errors

The Bank will provide you with periodic statements that will identify the deposits that you make through the Service. In addition, you may access the Bank’s Online Banking service for information about your deposits, return items, deposit adjustments, Images and other transactions on your accounts. You agree that it is your responsibility to review all such information that the Bank makes available to you in a timely manner to verify that deposits made through the Service have been received and accepted by the Bank and are accurate. Receipt of an Image by the Bank through the Service does not constitute an acknowledgement by the Bank that the Image is error-free or that we will be liable for the Image. You agree to notify us promptly of any errors, omissions, or discrepancies in a deposit within the time periods established in your Account Agreement. If you believe that an error has occurred on your periodic statement, then you must notify us at either of the following:

Writing: Peoples Bank
P.O. Box B
Clifton, TN 38425

Telephone: 877-656-3311

You agree to cooperate in any investigation by the Bank of any unsuccessful or lost transmission. Subject to applicable law, any failure by you to notify the Bank of any error, omission or other discrepancy in accordance with this Agreement and your Account Agreement shall relieve the Bank of any liability for such error, omission or discrepancy.

13. Authentication Method

You agree that we are entitled to act upon instructions we receive with respect to the Service under you user ID, password, test key or other code or authentication method that we require (these components are referred to herein collectively as your “Authentication Method”). You are liable for all transactions made or authorized with the use of your Authentication Method. We have no responsibility for establishing the identity of any person who uses your Authentication Method. You agree that if you give any component of your Authentication Method to anyone or fail to safeguard its secrecy, you will be in violation of your obligations under your Bank Account Agreement and this Agreement. You agree to take appropriate steps to ensure that all components of your Authentication Method are protected and kept confidential. You agree to indemnify and release us from any and all liability, and agree not to make any claim or bring any action against us, relating to our honoring or allowing any actions or transactions that are conducted under your Authentication Method or acting upon instructions, messages or authorizations provided to us using your Authentication Method. By accessing the Service with your Authentication Method, you authorize us to complete the requested transaction(s) through the Service. Any requests or instructions we receive from you through the Service using your Authentication Method shall be considered “in writing” under all applicable law and shall have the same force and legal effect as a writing signed by you. This includes, but is not limited to, inquiries, deposit transactions, Images deposited, Images of Items, changes to accounts or services or any other communication you provide us through the Service using your Authentication Method.

14. Data Security

You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. Should you become aware of any loss or theft of your Mobile Device or of original checks, you must immediately contact us using both the following methods:

Telephone: 877-656-3311

Writing: Peoples Bank
Attn: Operations Dept.
P.O. Box B
Clifton, TN 38425

15. Termination

If a customer wants to terminate his/her access to the Service, he/she must call Peoples Bank at 877-656-3311 and speak to an Operations representative. Peoples Bank reserves the right to terminate or suspend the Service, at any time with or without cause and without prior written notice. Notwithstanding termination, any Image transmitted through the Service shall be subject to this Agreement.

16. Amendment

From time to time the Bank may amend any of the terms and conditions contained in the Agreement, including without limitation, any cut-off time, any Business Day, and any part of the Deposit Agreement. Such amendments shall become effective upon receipt of notice by the Customer or such later date as may be stated in the Bank’s notice to the Customer. If you do not agree with the change, you may discontinue the Service at anytime. However, if you continue to use the Service, it will be deemed that you accepted and agreed to the change(s).

17. Governing Law

This Agreement, and your rights and our obligations under this Agreement, are governed by and interpreted according to federal law and the law of the State of Tennessee. If state and federal law are inconsistent, or if the state law is preempted by the federal law, federal law governs.