ACKNOWLEDGMENT. By selecting "I Agree," you acknowledge that you have received, read, and understand the Online Banking Agreement and Disclosure, Electronic Delivery Disclosure Notice, and Mobile Remote Deposit Service Agreement consent to all of the terms and conditions contained below.
This Online Banking Agreement and Disclosure ("Agreement") governs the use of our Online Banking Services ("Online Services") and serves as the agreement between you and Midstates Bank NA. It is important that you read and understand the terms and conditions provided in this Agreement before you accept its terms. Your use of Online Services constitutes your acceptance and agreement to the terms and conditions of this Agreement as well as any other terms made available to you using Online Services. Additionally, your use of any Online Services that we introduce in the future constitutes an acknowledgment and agreement to the terms and conditions associated with those Online Services. Any agreements, amendments, notices, periodic statements, and other communications may be provided to you in electronic format if you have authorized that format of delivery. If you have any questions about this Agreement, contact us prior to acceptance.
SYSTEM REQUIREMENTS. Online Services provides you with the convenience and flexibility to perform certain banking transactions and functions for designated Account(s) through internet access on your personal computer or via a wireless handheld device. You must meet the following minimum software and hardware requirements for each device you use to access Online Services:
PC or Mac with access to the Internet, * An active e-mail account capable of receiving attachments up to 1 MB. * Adobe Acrobat Reader TM 6.0 or higher (free software you can download) * Immediately notify us of any change in your e-mail address. You are solely responsible for the cost and maintenance of such equipment. You represent and warrant that you have the equipment and access capabilities to receive documents electronically. b. Protect your Password. You are responsible for the use, protection and confidentiality of your password, as well as other account numbers, account information and e-mail address information. Please notify the bank immediately if you become aware of a theft, loss or unauthorized use of your personal information. c. Open and read your documents. You are responsible for accessing, opening, storing, printing and proper disposal of your documents. Documents contain important and legally binding notices, information and conditions. You are responsible for promptly notifying Midstates Bank if any documents you receive are not accessible, or are incomplete or unreadable. If you decide not to maintain such hardware and software, you may cancel Online Services at any time.
ACCOUNT ACCESS. You may access your Account(s) at Midstates Bank NA's website, www.midstatesbank.com. You must follow all necessary instructions and obtain your Login Credentials before gaining access to Online Services. We may also utilize unique identifying information to confirm your identity. Your Login Credentials are used to gain access to Online Services and should be kept confidential at all times. It is recommended that you change your Login Credentials through Online Services, or with the assistance of our customer service, as allowed by our security requirements. There may be additional or optional security measures instituted by us to ensure the security of Online Services.
USE OF PERSONAL INFORMATION. If you open an account or obtain a product or service from us using our online or mobile services, we may record your personal information from a scan or a copy of your driver's license or other personal identification card, or we may receive an image or make a copy of your driver's license or other personal identification card. We may store or retain this information to the extent permitted by law.
ACCOUNT LIABILITY FOR UNAUTHORIZED ONLINE ACCOUNT USE. Subject to federal and state law and the terms and conditions of this Agreement, you are liable for any transaction or function performed using Online Services, whether made by yourself or someone authorized by you using your Login Credentials. You agree to take all reasonable measures to protect the security of your Login Credentials.
Please refer to the Consumer Liability section of your Electronic Fund Transfer Disclosure and Agreement for our liability policy. As a precaution, we recommend that you do not send emails or other electronic messages containing confidential Account information. You agree to not leave any device unattended while logged into Online Services, and you should never share your Login Credentials with us or anyone else. You understand that we are entitled to act upon any instructions received under your Login Credentials; therefore, you agree to guard and protect your Login Credentials to ensure the security and protection of your Account(s).
If you have any concerns or suspicions that an unauthorized person has gained access to your Account through Online Services, we recommend that you change your Login Credentials if possible and notify us immediately. Our contact information for security issues related to your use of Online Services is provided below.
- Transfer of funds between Accounts
- Transfer of funds between Accounts on a recurring basis
- Balance inquiry on each Account
- Request or retrieve a copy of a paid check, paid share draft, or past statement on the Account
- Re-order checks for your Account(s), as applicable
- Conduct secure email communication with us regarding Online Services
- The use of our Bill Pay Services
- The use of Mobile Banking services
The above transaction and function capabilities may be available, either all or in part, depending on the Account, customer type, or other Online Services limitations. We reserve the right to restrict the use of Online Services for any account type or to impose any other limitation or restriction on the use of Online Services.
ONLINE TRANSACTION FUNDING. In order for us to process an Online Services transfer request, the Account that you have designated for the debit must have sufficient funds to cover the transfer, including any overdraft protection plan coverage, and the funds must be considered available as described in our Funds Availability Policy. Please refer to your Disclosures for any non-sufficient funds fee or other fee(s) that may be assessed. We are under no obligation to you when we have been unable to complete a transfer request due to insufficient or unavailable funds, or due to other circumstances out of our control, such as a system or power failure. If we are consistently unable to complete the requested transfer due to insufficient funds in the designated debit Account, then we reserve the right to cancel the transfer request and to review your Online Services privileges. If you have opted in to overdraft services, please refer to your account opening Disclosures for any overdraft services policies related to funding your accounts and any overdraft fees.
EFFECTIVE TIMING OF TRANSACTIONS. Online Services are available at any time or day, unless the system is undergoing maintenance. The posting of Online Services transactions before 2PM CST on a Business Day will post the same day and will be included in the available funds for the receiving Account. Transfers requested after 2PM CST on a Business Day or requested on a non-Business Day will post on the following Business Day to the receiving Account and will be considered available funds on that day.
CANCELING A TRANSFER. A one-time transfer is immediate and cannot be canceled. The deadline for canceling a recurring transfer request is 5PM CST. If you have any questions or problems canceling the transfer, please contact us.
COST OF SERVICE. Account transaction fees as stated in any Disclosures and Fee Schedule provided to you remain in effect and are not eliminated or changed with the use of Online Services. You have sole responsibility for any service fees you incur from your telephone, internet, or wireless service providers. When signing up for Online Services, a separate schedule of fees and charges specific to these Online Services will be provided.
BILL PAY SERVICES. You can access Bill Pay Services in the same manner that you access other Online Services by using your Login Credentials and meeting any other security measures that we may institute. You must indicate the Account that is to be considered the designated Account to be debited for your bill-paying activities. If using a Savings or Money Market Account, we may limit the number of transfers or withdrawals to six per month or statement period. You must maintain sufficient available funds in the designated Account to satisfy the expected payment activity.
In order to pay bills, you will need to create a list of payees, providing the information required to log and submit your payments accurately. We require at least 1 days as set-up time for Checks and online payments through Bill Pay Services. If we pay your bill by issuing a Check, we may, at our discretion, send the Check to the payee before the due date you selected. The payee may cash the Check before or after the selected due date. If your account has insufficient funds when the payee cashes the Check and we pay the item on your behalf, you will be responsible for paying the overdrawn balance, and we may charge you overdraft fees. Refer to the Account Agreement for more information. If you fail to take into account our required set-up time and the payment is received by the payee after the due date, we are not responsible for any late charges or other actions that may be taken by the payee due to the late payment. Please make other payment arrangements for the payment that is due and set-up the next payment to that payee through Bill Pay Services.
We assume responsibility for all reasonable efforts to process your payments through Bill Pay Services in a timely and accurate manner. We accept no liability for any damages you may incur due to insufficient or unavailable funds in the designated Account that may adversely affect payment processing, any inaccuracies in the payee information supplied in regards to this payment, any mishandling or delay in posting by the payee or the payee's financial institution of account, or any system or postal delays or interruptions or any other circumstances out of our control, to the extent allowed by state and federal law and the provisions of this Agreement. Also, contact us immediately if you suspect any security breach of your Login Credentials or any unauthorized activity using Bill Pay Service.
CANCELING BILL PAY SERVICES. You may cancel Bill Pay Services at any time by contacting us via phone, fax, or in any other form or manner acceptable to us. When not canceling in writing or in a Record to us, we may require a Record or writing confirming the Bill Pay Services cancelation. Be aware of any outstanding payments and make arrangements for future payments to the payees. When deleting specific payees only, you may individually delete that payee and retain the Bill Pay Services for any remaining payees.
MOBILE BANKING. Mobile Banking services refers to all financial services made available to you and which you may access through the use of a wireless handheld device or mobile phone, including but not limited to, viewing account balances, remote deposit capture, and text message banking.
ACCESSIBILITY AND LIABILITY. Our Mobile Banking services are designed to be available 24 hours each day, 7 days per week. We do not warrant that Mobile Banking services will always function properly or that disruption or suspension of Mobile Banking services will not occur. You agree that we will not be liable for any loss, costs, damages, or expenses resulting from the interruption of Mobile Banking services. You also agree that these Mobile Banking services are separate from any services provided by your wireless service provider. Your wireless provider is responsible for any issues involving your handheld device, your internet access, or any other of its services and products you use to access Mobile Banking services. Standard data and messaging rates, short message service (SMS) fees, and other charges from your wireless provider apply when utilizing Mobile Banking services.
MOBILE DEVICES. You are responsible for providing and maintaining your own wireless handheld device and for ensuring that it is compatible with Mobile Banking services. We are not responsible for any problems you may experience with your equipment or for any damage to your device from the use of Mobile Banking services. You understand that wireless devices may be subject to viruses, and we are not responsible for ensuring your device is protected from these viruses.
TRANSACTION LIMITS. You acknowledge that we may limit the number and frequency of transactions conducted through Mobile Banking services and that we may also place limits on transaction and transfer amounts in our sole discretion.
YOUR LIABILITY. You are responsible for the activity performed through Online Services using your Login Credentials, including any activity performed by others who use your Login Credentials whether or not authorized by you. You also agree to review your Account activity online, through periodic statements or through the use of any other application. If you have any questions or concerns about any Online Services activity, you should contact us immediately.
You acknowledge that you do not own or have any proprietary rights to Online Services and any unauthorized reproduction in whole or in part is strictly prohibited. You agree not to use Online Services to conduct any activity that is illicit or illegal. You agree to comply with all applicable federal and state laws, Nacha Operating Rules, the terms and conditions of this Agreement, and any other Account Agreement or Disclosure by reference, in regards to these Online Services and any transaction or functions performed using these Online Services. In the event of a conflict between this Agreement and any other Disclosure or Agreement provided, the Account Agreement will take precedence over this Agreement.
OUR LIABILITY. We are responsible for taking all reasonable measures to ensure that Online Services are available and functioning optimally, reserving the right to temporarily remove Online Services from access for maintenance or upgrades. We also accept responsibility to process any function or transaction requested by you through Online Services in a timely manner when submitted within the terms and conditions of this Agreement.
The hardware and software specifications for these Online Services are located in the System Requirements section above. We accept no responsibility, and you agree to hold us harmless for any delay or inaccuracy of any transaction or function information due to an interruption or loss of communications in the service provided by your web browser, wireless provider, or your system hardware or software, to the extent allowed by state and federal law. We also accept no responsibility, and you agree to hold us harmless for any system virus or other system problem attributable to Online Services or to your internet or wireless service provider.
CANCELING SERVICE. You may cancel any or all of these Online Services at any time by contacting us at the contact information provided above. Upon cancelation, you agree to immediately discontinue any use of our Online Services, and you agree to remain liable for all transactions performed on your Accounts. We reserve the right to refuse your application for Online Services if your Accounts are not in good standing, and to suspend, restrict, or cancel your authorization to use Online Services at any time, at our discretion. We will take reasonable measures to reach you concerning the Online Service cancelation, but are under no obligation to provide you such notice. If Online Services are reinstated, this Agreement will remain in effect.
GOVERNING LAW. The terms and conditions of this Agreement are subject to and governed by the laws of the state in which the account was opened and federal law. The Accounts designated for access through Online Services continue to be governed under this Agreement and the Disclosures provided to you for each Account. We will notify you of any changes as required by law.
SEVERABILITY. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this Agreement is found to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement.
ASSIGNABILITY. We may assign our rights and duties under this Agreement to an affiliate or successor. You may not assign your right and duties under this Agreement at any time.
NO WAIVER. You understand and agree that no delay or failure on our part to exercise any right, remedy, power, or privilege under this Agreement shall effect or preclude our future exercise of that right, remedy, power, or privilege.
ACKNOWLEDGMENT. By selecting "I Agree," you acknowledge that you have received, read, and understand the Online Banking Agreement and Disclosure and consent to all of the terms and conditions contained above.
Electronic Delivery Disclosure Notice
This Electronic Delivery Disclosure Notice information (“Communications”) to you in writing, which means you have a right to receive that information in paper. We may provide such information to you electronically if we give you this eCommunications Disclosure and you consent to receive such information electronically.
SCOPE. “Communications” means each disclosure, notice, agreement, undertaking, fee schedule, periodic statement, record, document or other information we provide to you, or that you sign or submit or agree to at our request. It also includes certain informational tax statements, subject to specific additional terms. See Additional Provisions for Tax Documents below.
CONSENT. By consenting to this eCommunications Disclosure, you agree:
- To receive Communications electronically;
- That you have access to equipment through which you can access www.midstatesbank.com and which you can use to retain documents. This equipment must meet the Hardware And Software Requirements described below; and
- To use electronic records and signatures in our relationship with you.
We may choose to send you certain documents in paper rather than in electronic form. You should continue to review all paper communications that we send you. Please ensure that you keep your primary mailing address up to date. If we send you paper documents, it will have no impact on your paperless enrollment.
ACCESSING YOUR COMMUNICATIONS. We may deliver your Communications by any of the following means:
- Within www.midstatesbank.com
- To your designated email address
- Via our mobile application(s)
- By requesting that you download a PDF file that contains the Communication.
Customers in good standing will have electronic statements available online at www.midstatesbank.com for 18 months after the statement is posted. If your Account is closed, you may lose access to www.midstatesbank.com including any Communications we have provided in electronic form. If your Account is closed, we may mail Communications to you in paper form, even if you previously elected to receive such materials electronically.
HARDWARE AND SOFTWARE REQUIREMENTS. To access and retain electronic Communications, you must have an active email address and an up-to-date computing or mobile device with:
- a Current Version (defined below) of a web browser (such as Edge, Chrome, Safari or Firefox)
- a connection to the Internet,
- electronic storage to retain records and/or a printer to print them, and
- a Current Version of a program that accurately reads and displays PDF files
By “Current Version,” we mean a version of the software that is currently being supported by its publisher. We reserve the right to discontinue support of a Current Version of software if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use.
If our hardware or software requirements change, and that change creates a material risk that you would not be able to access or retain the information contained in www.midstatesbank.com , we will give you notice of the revised hardware or software requirements. Continuing to access www.midstatesbank.com electronically after receiving notice of the change reaffirms your consent.
HOW TO WITHDRAW YOUR CONSENT. You can withdraw your consent with no cost to you. To do so, you must write to Midstates Bank, Operations Center POB 68, Avoca, IA 51521 or call Midstates Bank's Operation Center at 800-452-5887.Your withdrawal of consent is effective only after Midstates Bank has had a reasonable period of time to act upon your withdrawal. Withdrawal of consent to electronic delivery will not affect the legal effectiveness, validity, or enforceability of Communications previously provided electronically. Such Communications may continue to be provided online for the applicable posting period.
Withdrawal of consent will only apply to those Communications that are required by law or regulation to be provided to you in paper form. We may continue to deliver to you in electronic format all other Communications.
Withdrawal of consent will only apply to those Communications that are required by law or regulation to be provided to you in paper form. We may continue to deliver to you in electronic format all other Communications.
OBTAINING COPIES OF ELECTRONIC COMMUNICATIONS. We recommend that you print or download a copy of this eCommunications Disclosure, and all other Communications to retain for your records. If you want paper copies of documents
provided electronically, you can write to Midstates Bank, Operations Center POB 68, Avoca, IA 51521, use communication available in this website or call Midstates Bank's Operation Center at 800-452-5887. We may charge fees for paper copies of some Communications.
YOUR CONTACT INFORMATION. If your email address or other contact information is changed, you must notify Midstates Bank of such changes immediately through www.midstatesbank.com. We are not responsible if you do not receive an email notification.
If you fail to update or change an incorrect email address or other contact information, you understand and agree that any electronic Communications shall nevertheless be deemed to have been provided to you if they were made available to you by one of the methods described in Delivery Of Your Communications above.
TERMINATION AND CHANGES. We reserve the right to discontinue providing you with electronic Communications, or to terminate or change this eCommunications Disclosure. We will provide you with notice of any such termination or change as required by law.
ADDITIONAL PROVISIONS FOR TAX DOCUMENTS. The Communications we provide to you electronically include certain informational tax statements. Each of the following applies to the electronic delivery of Tax Documents:
- You may receive Tax Documents in paper and continue to receive all other Communications electronically.
- The electronic delivery of Tax Document may be terminated at any time by us. Further, we may make certain Tax Documents available electronically only for a limited time.
This Mobile Check Deposit User Agreement contains the terms and conditions for the use of Midstates Bank’s Mobile Deposit and/or other remote deposit capture services that Midstates Bank NA or its affiliates (“us”, “we”, “our”, or “Bank”) may provide to you (“you”, “user”, or “Customer”). Other agreements you have entered into with the Bank, including without limitation the Depository Agreement and Disclosures governing your Bank account, continue to apply. In the event of concern of a conflict between this Agreement and any other agreement you have entered into with the Bank, this Agreement shall govern.
1. Services. The mobile remote deposit capture services (“Mobile Deposit” or “Services”) are designed to allow you to make deposits to your checking, money market checking, or savings from your camera-enabled mobile device capable of the Bank or the Bank’s designated processor. The device must (a) capture an image and associated deposit information to be deposited in accordance with the Procedures; (b) read and capture the magnetic ink character recognition (“MICR”) line on each check; and (c) read and capture all such other data and information as is required by this Agreement or Federal Reserve Regulations for the processing of these check images for payment. The Bank currently offers the benefits and convenience of the Services to you free. The Bank reserves the right to charge fees for the Services in the future at our sole discretion. To use Mobile Deposit, you must be a Bank account holder.
2. Acceptance of these Terms. Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time at our sole discretion. We will notify you of any material change via email or by posting notice of such change on our website(s) and such change shall be effective thirty (30) days following our provision of such notice. Your continued use of the Services will indicate your acceptance of such change and the Agreement as revised by such change. Further, we reserve the right, in our 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. In the event that an immediate is needed to ensure the security of the Services, we will post a notice of any such change on our website. You may choose to accept or decline such changes by continuing or discontinuing use of the Services.
3. Limitations of Services. When using the Services, you may experience technical or other difficulties. We shall not be responsible 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 at our sole discretion. 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 anytime without prior notice to you in our sole discretion.
4. Joint Accounts. You understand and agree that to the extent permitted under applicable law each owner of a Bank account is jointly and severally responsible for all Mobile Deposit transactions that affect that account.
5. Eligibility. The Mobile Check Deposit service may be subject to product eligibility. Certain products are not eligible, such as Business Accounts and Organization Accounts. If you have access to one of these ineligible products through internet banking, your enrollment for that particular account will not be approved.
6. Eligible Items. You agree to capture check images and deposit only checks as that term is defined in Federal Reserve Regulation CC (“Reg CC”). You agree that the image of the check transmitted to the Bank (each such check image a “Check” and, if more than one, “Checks”) shall be deemed an “item” within the meaning of the Uniform Commercial Code. You can only deposit Checks using Mobile Deposit; however, there are some Checks that you cannot deposit. These include:
- Checks payable to any person or entity other than you.
- Checks payable to a business; mobile capture is only for deposits made into personal accounts.
- Checks written off of any account that you own or you are a signer of.
- Checks containing any alteration of which you know or should have known or believe to be fraudulent or not authorized by the owner of the account on which the check is drawn.
- Any Checks that are not in original form with a signature, such as substitute checks or remotely created checks.
- Checks that are stale dated, dated more than six (6) months prior to the date of deposit.
- Checks that are post dated, display a future date.
- Checks written off an account at a financial institution located outside the United States.
- Checks not payable in United States currency.
- Checks that are otherwise not acceptable under the terms of your Bank account.
- Checks payable jointly, unless deposited into an account in the name of all payees.
PLEASE NOTE: Any Check that you attempt to deposit using Mobile Deposit, is subject to verification by us. We may reject an item for deposit for any reason and will not be liable to you. In such a case, you will need to deposit the item using other means, such as visiting one of our branches.
7. Image Quality. The image of an item transmitted to the Bank using the Services must be legible and contain images of the front and back of the Check. The image quality of the items must comply with the requirements established from time to time by the American National Standards Institute (“ANSI”), the Board of Governors of the Federal Reserve Boards, or any other regulatory agency, clearing house or association. These requirements include, but are not limited to, ensuring the following information can clearly be read and understood by sight review of the Check image: the amount of the Check (both written and numeric); the payee; the signature of the drawer (maker); the date; the Check number; the information identifying the drawer and the paying financial institution that is preprinted on the Check including the MICR line; and all other information placed on the Check prior to the time of image of the Check is captured (such as any required identification written on the front of the Check and any endorsements applied to the back of the Check).
8. Your Responsibility. You are solely responsible for the quality, completeness, accuracy, validity, and integrity of the Check. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect, or illegible Checks to us or if Mobile Deposit is used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect, or otherwise improper or unusable Checks to us. In addition you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble, or decompile the technology or Services, copy, or reproduce all or any part of the technology or Services; or interfere, or attempt to interfere, with the technology or Services. We and our technology partners, inclusive of, but not limited to Jack Henry and Associates, MEA, Inc., and Mitek Systems, Inc., retain all rights, title, and interests in and to the Services, software and development made available to you.
9. Endorsements and Procedures. You agree to restrictively endorse any item transmitted through the Services as “FOR Mobile DEPOSIT ONLY, Midstates Bank NA account # _____” or as otherwise instructed by the Bank. You agree to follow any and all other procedures and instructions for use of the Services as the Bank may establish from time to time (the “Procedures”). Endorsements must be made on the back of the share draft or Check within 1 ½ 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
Services.
10. Cut off Times for Deposit. Deposits made via Mobile Deposit must be made before 5 PM Central Time on a business day in order to be considered deposited same day. Deposits made after 5 PM Central Time on a business day will be considered deposited the next business day. A business day is Monday through Friday, excluding Federal Holidays and as otherwise posted in our branches or at midstatebank.com
11. Receipt of Items. We reserve the right to reject any item transmitted through the Services. At our discretion, without liability to you. We are not responsible for items we do not receive or for Check Images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from the Bank that we have received the image. Receipt of such confirmation does not mean the transmission was error free or complete. Processing and/or transmission errors can occur after we acknowledge receipt that may impact transaction completion. Following receipt of such confirmation, the Bank will process the image by preparing a “substitute check” or clearing the item as an image.
12. Availability of Funds:
- Once deposited, subject to the cut-off time described above, our policy is to make funds from your Check deposits available to you on the business day after the day we receive your deposit.
- Checks are subject to verification by Midstates Bank and may be rejected for any reason with liability to you. The deposit will be made available to you after processing on the business day of deposit.
- There are some reasons that you may have delayed availability such as a history of repeated overdrafts, or Checks totaling more the $5,000 deposited on the same day (a complete list of these reasons is available in the Your Ability to Withdraw Funds Disclosure). In such cases, you will receive full availability by the seventh business day after the day of deposit. If your account has been open 30 days or less, however, you may not receive full availability until the ninth business day after the day of deposit.
13. Disposal of Transmitted Items. After you receive confirmation that we have received an image, and once you receive full credit for the Check, you must destroy the original check after 7 days by first making it “Void” and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. Shredding it is one way to destroy it. Destroying the Check prevents it from being presented for deposit another time. You will be liable for checks that are presented more than once. After destruction of the original check, the image will be the sole evidence of the original check. You agree that you will never re-present the original check. You understand that you are responsible if anyone is asked to make a payment based on an original check that had already been paid.
14. Returned Deposits. Any credit to your account for Checks deposited using Mobile Deposit is provisional. If original Checks deposited through Mobile Deposit are dishonored, rejected, or otherwise returned unpaid by the drawee bank, or are rejected, or returned by a clearing agent, or collecting bank, for any reason, including, but not limited to, issues related to the quality of the image, you agree that an original check will not be returned to you, but that we may charge back the amount of the original check, and provide you with an image of the original check, a paper reproduction of the original check or substitute check. You will reimburse us for all loss, cost, damage, or expense caused by or relating to the processing of the returned item including, but not limited to, any attorney fees incurred. Without our approval, you shall not attempt to deposit or otherwise negotiate an original check if it has been charged back to you.
15. Right of Setoff. We may debit any of your accounts with us to obtain payment for any item that has been rejected or returned, for any adjustment related to such item for any warranty claim related to
such item (whether or not the rejection, return, adjustment, or warranty claim was made timely), or for any other amounts owed to us under the terms of this Agreement.
16. Mobile Deposit 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. You will notify us immediately by telephone at (800) 452-5887 and with written notice at Midstates Bank, 206 N. Elm PO Box 68 Avoca, IA 51521, if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, we may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.
17. Compliance with Law. You will use Mobile Deposit for lawful purposes and in compliance with all applicable laws, rules, and regulations. You warrant that you will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules, and regulations.
18. Deposit Limits. We reserve the right to impose limits on the amount(s) and /or number of deposits that you transmit using the Services and to modify such limits from time to time at our sole discretion. Unless otherwise specified by the Bank, changes to such limits shall be effective immediately upon notice to you via email or the Bank’s website. These limits may change from time to time without notice to you at our sole discretion. If you attempt to initiate a deposit in excess of these limits, we will reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to term of this Agreement, and will not be obligated to allow such deposit at other times. Currently deposit limits are 10 items a day totaling $3,000 and 20 items a calendar month totaling $5,000.
19. Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by the Bank from time to time. The Bank is not responsible for any third party software you may need to use the Services. 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.
20. Contingency Plan. In the event you are unable to capture, balance, process, produce, or transmit a check to the Bank, or otherwise comply with the terms or procedures for any reason, including but not limited to, communications, equipment, or software outages, interruptions, or failures, you will transport or mail the originals of all checks to the closest Bank branch. The deposit of original checks at a branch of the Bank shall be governed by the terms and conditions of the Deposit Account Agreement and not by the terms of this Agreement.
21. Errors. You agree to notify the Bank of any suspected errors regarding items deposited through the Services right away, and in no event later that sixty (60) days after the applicable Bank account statement is sent. Unless you notify the Bank within sixty (60) days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against the Bank for such alleged error.
22. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be at the Bank’s sole discretion subject to the Depository Agreement and Disclosures governing your account.
23. Ownership and License. You agree that the Bank retains all ownership and proprietary rights in the Services, associated content, technology, and website (s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, the Bank may immediately terminate your right to use the Services upon a breach of this Agreement by you. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to the Bank’s business interest, or (iii) to the Bank’s actual or potential economic disadvantage in any aspect. Unless your
Bank account is specially designated by the Bank as a sole proprietor account, you may use the Services only for non-business; personal use in accordance with this Agreement. 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 Services.
24. Disclaimer of Warranties. YOU AGREE THAT YOUR USE OF ANY REMOTE BANKING SERVICE (INCLUDING WITHOUT LIMITATION MOBILE DEPOSIT) 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 KINDS AS TO THE USE OF ANY REMOTE BANKING 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 WARRANTY THAT ANY REMOTE BANKING SERVICE (TO INCLUDE WITHOUT LIMITATION MOBILE DEPOSIT) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE FOR AT ANY ERRORS IN ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED.
25. Limitation of Liability. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIONAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSSES 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 ANY REMOTE BANKING SERVICE (INCLUDING WITHOUT LIMITATION MOBILE DEPOSIT), REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBLITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.
26. Accountholder’s Indemnification Obligation. You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses arising from your use of the Services and/or breach of this Agreement (including, but not limited to, any breach of warranties, representations, or obligations contained in this Agreement). You understand and agree that is paragraph shall survive the termination of this Agreement.
27. User warranties and indemnification. You warrant to The Bank that:
- You will only transmit eligible items.
- Images will meet the image quality standards.
- You will not transmit duplicate items.
- You will not deposit or re-present the original item.
- All information you provide to The Bank is accurate and true.
- You will comply with this Agreement and all applicable rules, laws, and regulations.
- You agree to indemnify and hold harmless The Bank from any loss for breach of this warranty provision.