Mobile Banking Terms and Conditions

This agreement (the “Agreement”) between you and Salem Five Cents Savings Bank (“we,” “our,” “us,” or “Salem Five”) governs your use of Salem Five’s Mobile Banking Services (the “Services”). By registering for, and using the Services, you consent to these terms and conditions and any amendments that are made from time to time.

The Services enable you to view account balances and recent transactions, access eStatements, transfer money and pay bills, make mobile deposits and access our Card Controls feature.

Salem Five also provides the ability for you to utilize text (SMS) messages on your registered mobile device to lookup account balances, recent history and branch or ATM locations by sending a text command to a short code.

These Terms and Conditions supplement the Salem Five Digital Banking Agreement and any other agreements applicable to the Salem Five accounts and services you use.

1. Hardware and Software Requirements. To use the Service, you must have a mobile device such as a smart phone, tablet, or similar wireless communication device. Your mobile device must have an appropriate data plan from a wireless carrier or be Internet-enabled. To use the text messaging service, your mobile device must have text messaging capabilities. To use the mobile application service, your mobile device must be running the Apple iOS operating system or the Android operating system. And to use the mobile deposit service, your mobile device must have the mobile app installed and it must have a camera.
   
   
2. Charges. You may incur charges to have a data plan on your Mobile Device. You may also incur charges from your wireless carrier when sending and receiving text messages. You will be solely responsible to your wireless carrier for any such data plans or text messaging charges.
   
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3. Responsibility for Content. Salem Five is solely responsible for the content of messages it transmits to you via text messaging. You are solely responsible for the content of messages you transmit to Salem Five via text messaging. You must provide source indication in any messages you send (e.g., your mobile telephone number or populated "From" field in text message).
   
   
4. Contacting Salem Five. For text messaging help at any time, text "HELP" to 39872. To cancel the text messaging service, text "STOP" to 39872. If you have questions about the Service, please call the Contact Center at 800-850-5000 or email mail@salemfive.com. Please do not include any personal information when you email us.
   
   
5. Service Availability. We will use reasonable efforts to make the Service available on a continuous basis, but we do not always guarantee availability, on all mobile devices, on all communications networks, or in all geographic regions.
   
   
6. Warranty Disclaimer. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE REQUIRED BY LAW, SALEM FIVE AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING IN ANY WAY OUT OF YOUR USE OR INABILITY TO USE THE SERVICES.
   
   
7. Changes to the Service. From time to time, features of the Service, the way you access or use the Service, or the functions made available through the Service may be modified. We will advise you of such changes. You must observe all such changes when using the Service. We reserve the right to substitute a different technology provider at any time without prior notice.
   
   
8. Right to Terminate the Service. We reserve the right to terminate the Service at any time.
   
   
9. Security. You are responsible for maintaining the security of your Mobile Device and any, passwords, usernames, questions with a matching answer, and/or other types of security techniques (” Security Codes”). You agree to take every precaution to ensure the safety, security, and integrity of your account and transactions when using Mobile Banking. You agree not to leave your device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. We strongly recommend you use a pass code to gain access to any device you utilize for Mobile Banking. You agree not to provide your username, password, or any other access information to any other individuals, including anyone claiming to represent us. You acknowledge that we will never ask you for your Password or Security Codes for any reason. If you permit other persons to use your device, log in information, or other means to access Mobile Banking, you are responsible for any transactions they authorize, and we will not be liable for any damages resulting from such access. If you believe your Mobile Device, username (Login ID), password, passcode, biometric identification, or other approved access device has been lost or stolen, or that your Security codes have been compromised, or that your Mobile Device or any of your Mobile Accounts have been accessed or used without your authorization please call us immediately at (800) 850-5000.
   
   
10. Amendment. Salem Five may amend these Terms and Conditions at any time by reasonable prior notice to you. However, if the change is made for security purposes, we can implement it without giving you prior notice. Your continued use of the Service following notice of the amendment constitutes your acceptance of the amendment.

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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 generally make funds available to you from a mobile check deposit on the first business day after we receive and accept your mobile deposit, however the availability of funds from a mobile deposit may be delayed by us to generally no longer than the fifth business day after we receive and accept your deposit. If you make a deposit on a nonbusiness day or after our cut-off times, we will consider that the deposit was made on the next business day.

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.

You acknowledge that in connection with your use of Mobile Banking, Salem Five and its affiliates and service providers, including Fiserv, Inc., and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with Mobile Banking or the Software (collectively “User Information”). Salem Five and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. Salem Five and its affiliates and service providers also reserve the right to monitor use of Mobile Banking and the Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.

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The Card Controls feature is offered by Salem Five Cents Savings Bank (“Salem Five”, “us”, “we” or “our”) for use by our debit cardholders. Salem Five’s Card Controls feature is intended to allow you to initiate certain card related activities for your enrolled debit card(s). Those activities may include the ability to but not limited to:

• Register the card
• Activate and deactivate the card
• Set control preferences for card usage including location, transaction, and merchant types, spend limits, and card on/off (“Controls”)
• Set alert preferences for card usage including location, transaction, and merchant types, spend limits, and declined purchases (“Alerts”)
• View transaction history including cleansed and enriched merchant information (e.g., merchant name, address, and contact information)
• Report your card as lost or stolen
• Review your spending by merchant type and/or by month
• View a list of merchants storing your card information for recurring or card-on-file payments

 

The Card Controls feature may enable access to Salem Five’s and third parties’ services and web sites, including GPS locator websites, such as Google. Use of such services may require internet access and that You accept additional terms and conditions applicable thereto, including, with respect to Google maps, those terms and conditions of use found at http://maps.google.com/help/terms_maps. Html and the Google Legal Notices found at https://www.google.com/help/legalnotices_maps, or such other URLs as may be updated by Google. To the extent the Card Controls feature allows you to access third party services, Salem Five and those third parties, as applicable, reserve the right to change, suspend, remove, limit, or disable access to any of those services at any time without notice and without liability to you.

You agree to allow us to communicate with you via push notification, SMS and/or email, with respect to the activities performed via the Card Controls feature. Data fees may be imposed by your mobile provider for the transmission and receipt of messages and Alerts.

Salem Five reserves the right to send administrative and service notifications via emails and/or SMS messages to the email address and/or phone number provided upon enrollment in our Card Controls feature.

Availability/Interruption. You acknowledge that the actual time between occurrence of an event (“Event”) triggering a selected Control or Alert and the time the notification of such event is sent to your mobile device (“Notification”) is dependent on a number of factors including, without limitation, your wireless service and coverage within the area in which you are located at that time. You acknowledge that Notifications of Events may be delayed, experience delivery failures, or face other transmission problems. Similarly, selection of Controls and Alerts (collectively, “Commands”) are likewise affected by the same or similar factors and problems could arise with use of Commands. Notifications of Events may not be available to be sent to your mobile device in all areas.

If you registered to receive Notifications to your mobile device, the Card Controls feature is available when you have your mobile device within the operating range of a wireless carrier with an appropriate signal for data services. The Card Controls feature is subject to transmission limitations and service interruptions. Salem Five does not guarantee that the Card Controls feature (or any portion thereof) will be available at all times or in all areas.

You acknowledge and agree that certain functionality with the Card Controls feature may not be available for all transactions. Commands based upon the location of the mobile device where the Card Controls feature is installed or the location of the merchant where the card is being attempted for use may not apply appropriately to card-not-present transactions or transactions where the location of the actual location of the merchant differs from the merchant’s registered address.

You acknowledge and agree that neither Salem Five nor its third-party service providers (including the developer of the technology enabling the Notifications) are responsible for performance degradation, interruption or delays due to conditions outside of its control. You acknowledge that neither Salem Five nor its third-party service providers shall be liable to you if you are unable to receive Notifications on your mobile device in your intended area. Salem Five, for itself and its third-party service providers, disclaims all liability for: any delays, mis-delivery, loss, or failure in the delivery of any Notification; any form of active or passive filtering.

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