Mobile deposit service, which may or may not be available to you, allows you to make deposits to your Deposit Account remotely by taking a picture of your check(s) and transmitting images of such checks to us in compliance with our requirements. If we accept the image for collection, we will then attempt to collect the item by presenting the image or converting the image to a substitute check. Unlike traditional check deposits as discussed above, you retain the original paper check when you use mobile deposit. The manner in which these substitute checks or images are cleared, presented for payment and collected will be determined by us in our sole discretion. We may change, modify, add or remove functionality from the mobile deposit at any time, with or without notice to you.
Mobile Deposit Fees
There is no charge for mobile deposit, but other fees, such as for returned items or overdrafts, may apply.
See ourSchedule of Fees.
Mobile Deposit Eligibility; Termination of Account Relationship
We will determine whether you are eligible for the mobile deposit feature in our sole discretion. If you violate the terms of the mobile deposit feature, then we also may use such actions as a basis to terminate your account relationship with us.
Limits
We may impose limits on the dollar amount or number of deposits you make through mobile deposit, and we may change such limits at any time at our discretion. These limits are $25,000 per check with a daily maximum of $25,000. Limits may be changed based on the length of time the account is opened and account activity.
Prohibited Checks
We may decline to accept any image of a check you submit through mobile deposit at our sole discretion. You agree that you will not attempt to deposit any of the following:
- Checks payable to any person or entity other than you (i.e., third party checks);
- Checks containing alterations, illegible items, fraudulent checks, or checks that you should have known or have reason to believe were fraudulent;
- Checks that have been previously deposited at the Bank or another institution via physical item, image or electronic funds transfer;
- Checks from financial institutions located outside of the United States;
- Checks that are not payable in U.S. dollars;
- Checks that are more than six (6) months old;
- Substitute checks (a digital reproduction of the front and back of an original check)
- Remotely created checks (acheckcreated by a merchant with a buyer'schecking accountnumber on it, but without the buyer's originalsignature).
- Travelers checks and savings bonds
- Non-negotiable instruments, such as promissory notes; or
- Checks drawn on any of your account(s) at The Bancorp Bank.
- Starter checks or counter checks (checks from a teller window).
Accountholder's Warranties
You will comply with all applicable rules, laws and regulations. Each time you submit check images for deposit through the mobile deposit feature, you also make all the warranties set forth in and subject to the terms of the Delaware Uniform Commercial Code ("UCC ") for the image as if it were an item subject to the terms of the UCC.You make the following warranties and representations with respect to each image of an original check you transmit to you using the Services:
- Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check [at the time that it was transmitted], without any alteration, and the drawer of the check has no defense against payment of the check.
- The amount, the payee, signature(s), and endorsem*nt(s) on the original check are legible, genuine, and accurate.
- You are only transmitting eligible checks and items that you are entitled to enforce.
- All checks and items include all signatures required for their negotiation.
- You are using the Services only for your own deposits and have not allowed the use of the Service for the benefit of any third party.
- Other than the digital image of an original check that you remotely deposit through your services, there are no other duplicate images of the original check.
- You have possession of each original check deposited using the Services
- You have ensured that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.
- You are authorized to enforce each item transmitted or am authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item.
- The information you provided for your Deposit Account remains true and accurate; and, in the event any such information changes, you will immediately notify us of the change.
- You have communicated material information to us.
- Files and images transmitted to us contain no viruses or any other disabling features that may have an adverse impact on your network, data, or related systems.
Further, you agree that with respect to each image of an original check you transmit to you using the Services
You will not deposit, re-present, negotiate, seek to negotiate or otherwise endorse to a third party the original check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paid.
No party will submit the original check for payment.
Receipt of Check
We are not responsible for check images we do not receive or that are dropped during transmission. A check image will be deemed received by us only when we provide an online confirmation receipt to you that we have received your check image. When we confirm receipt of your check image, the image will still be subject to review before we submit it for collection and may still be rejected for any reason in our sole discretion. A confirmation is not a representation, warranty or other indication that the check image will be presented for collection or will be honored by any collecting or paying bank.
Rejection of Check
If we reject a check image received through the mobile deposit feature, then you may submit the original check by mail to us for processing unless we instruct you otherwise, or you may want to contact the drawer and have them reissue the check. If you do submit the original check for processing, we reserve the right to refuse to process it and may instead require you to have the check reissued.
Retention of Original Check
Once your check image has been credited to your account, you must mark the original check as "VOID" and retain the check for 60 days. You may not present the original check or any image or substitute check created from the original check for payment at any other financial institution. During this 60-day period, you must store the original paper check securely using precautions at least as secure as those you would use to protect a blank check, and you must make the original paper check available to us for review at any time and as necessary for us to facilitate the clearing and collection process, to address third-party claims or for our own audit purposes. Should you fail to produce the original paper check, you authorize us to deduct the amount of the check in question from your account, regardless of whether such action may cause your account to not have sufficient funds and to pay any associated fees. Immediately after this 60 day period, you must destroy the original paper check.
Maintenance
Maintenance to the mobile deposit service may be performed from time-to-time resulting in interrupted service, delays or errors in the mobile deposit service and we shall have no liability for any such interruptions, delays or errors. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided.
Indemnification
In addition to the other indemnification provisions set forth in this Agreement, you agree to indemnify, defend and hold us harmless from and against any and all claims, demands, damages, liabilities, expenses (including reasonable attorneys’ fees) or other loss that arises from or relates to your use of mobile deposit or your breach of the representations, warranties or covenants set forth in these Terms, including, without limitation, your attempt to duplicate the presentation of a check image via presentation of the original check or an image or substitute check derived from the original check and any liability that we may incur for processing an image or substitute check rather than the original paper check.
No Warranty
YOUR USE OF MOBILE DEPOSIT AND REMOTE CHECK CAPTURE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO REMOTE CAPTURE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
WE WILL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES RESULTING FROM YOUR USE OR INABILITY TO USE THE REMOTE CHECK CAPTURE SERVICE, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
