In addition to all other Terms and Conditions, the following Terms and Conditions apply to your use of the mobile deposit service.
1. Eligible items. You agree to scan and to deposit only "checks", as that term is defined in Federal Reserve Regulation CC ("Reg. CC"). When the image of the check transmitted to Salem Five 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 or other items, which shall be considered ineligible items:
- Checks payable to any person or entity other than the person or entity that owns the account into which the check is being deposited.
- Checks containing an alteration on the front of the check or item, or that 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 is drawn.
- Checks payable jointly, unless deposited into an account in the name of all payees.
- Checks previously converted to a substitute check, as defined in Reg. CC.
- Checks drawn on a financial institution located outside the United States.
- Checks that are remotely created checks, as defined in Reg. CC.
- Checks not payable in United States currency.
- Checks dated more than 6 months prior to the date of deposit or checks dated more than the time permitted on the check prior to the date of deposit.
- Checks or items prohibited by Salem Five’s current procedures relating to the Services or that are otherwise not acceptable under the terms of your Salem Five account.
- Checks payable on sight or payable through Drafts, as defined in Reg. CC.
- Checks with any endorsement on the back other than that specified in this agreement.
- Checks that have previously been submitted through the Service or through a remote deposit capture service offered at any other financial institution.
- Checks without pre-printed check numbers, including but not limited to money orders not drawn on financial institutions (i.e. postal money orders, Western Union money orders, etc.) starter kit checks or counter checks.
2. Endorsements and Procedures. You agree to restrictively endorse any item transmitted through the Service as "For Mobile deposit only, account #" and if available check the box that indicates for mobile or remote deposit only, write ‘Salem Five’ in the name of the financial institution line and add the date of the deposit or as otherwise instructed by Salem Five.
You agree to follow any and all other procedures and instructions for use of the Service as Salem Five may establish from time to time.
3. Split Deposits. The system does not permit split deposits. Each check you deposit must be deposited in full to a single account. Once the deposit has been credited to that account, you should transfer funds to other accounts.
4. Receipt of Items. We reserve the right to reject any item transmitted through the Service, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped or corrupted during transmission. An image of an item shall be deemed received when you receive a confirmation on screen and the deposit shows as pending. Receipt of such confirmation does not mean 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 any time any item we subsequently determine was not an eligible item. You agree the Bank is not liable for any loss, costs, or fees you may incur because of our chargeback of an ineligible item.
5. Availability of Funds. You agree that the items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. Customer also agrees that the items are not subject to the dispute resolution process or requirements established under the Electronic Funds Transfer Act or its implementing regulation, Regulation E. In general, if an image of an item you transmit through the Service is received and accepted before our cut-off time for the Services, Salem Five considers that business day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day. Salem Five will make funds available for checks and items received, accepted, and successfully processed through the Service according to our standard funds availability policy for your Mobile Account.
6. Disposal of Transmitted Items. Upon your receipt of a confirmation from Salem Five that we received an image you transmitted and our confirmation that the deposit has been credited to your account, you agree to retain the check for 10 calendar days from the date of the image transmission. You should keep the check in a secured location. After 10 days, you agree to destroy the check you transmitted as an image, mark it "VOID", or otherwise render it incapable of further transmission, deposit, or presentment. During the time the retained check is available, you agree to promptly provide it to Salem Five upon request.
7. Deposit Limits. Salem Five reserves the right to impose limits on the amount(s) and/or number of deposits (over a period) that you transmit using the Service and to modify such limits from time to time. If you attempt to initiate a deposit in excess of these limits, Salem Five may reject the deposit. If Salem Five permits you to make a deposit in excess of these limits, such deposit will be subject to the terms of this Agreement and we will not be obligated to allow such a deposit at other times.
8. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in Salem Five’s sole discretion subject to the Consumer Banking Services Agreement or Business Banking Services Agreement governing your account.
9. Errors. You agree to notify Salem Five of any suspected errors regarding items deposited through the Service right away, and in no event later than 30 days after the applicable Salem Five account statement is sent. Unless you notify Salem Five within 30 days, such statement regarding all deposits made through the Service shall be deemed correct, and you are prohibited from bringing a claim against Salem Five for such alleged error.
10. Errors in Transmission. By using the Service, you accept and assume the risk that an item may be intercepted or misdirected during transmission. Salem Five bears no liability to you or to others for any such intercepted or misdirected items or information disclosed through such errors.
11. Image Quality. The image of a check or item transmitted to the Bank using the Service must be legible. The image quality of the checks and items must comply with the standards established and modified from time to time by the American National Standards Institute, or any additional standard set by us, and with any requirements set by any clearinghouse we use or agreement we have with respect to processing checks or items. You agree that we shall not be liable for any damages resulting from a check or item’s poor image quality, including those related to rejection of or delayed or improper crediting of such a check or item, or from any inaccurate information you supply regarding the check or item.
12. User Warranties and Indemnification. You warrant to Salem Five that:
a. You will only transmit eligible items.
b. You will not transmit duplicate items.
c. You will not re-deposit or re-present the original item.
d. All information you provide to Salem Five is accurate and true.
e. You will comply with this Agreement and all applicable rules, laws, and regulations.
f. You are not aware of any factor that may impair the collectability of the item.
You agree to indemnify and to hold harmless Salem Five from any loss for breach of this warranty provision.
13. 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.