MountainOne Bank Mobile Deposit Terms & Conditions Agreement
The mobile deposit services ("Mobile Deposit" or "Services") are designed to allow you to make deposits to your checking, money market or statement 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. The device must capture an image of the front and back of each check to be deposited in accordance with the Procedures; must read and capture the magnetic ink character recognition ("MICR") line on each check; and must read and capture all such other data and information as is required by this Agreement or Federal Reserve regulations for the processing of these checks for payment. The Bank 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, with the required documentation.
Mobile Deposit is facilitated through Online Banking. Please note that the Online Banking Agreement (available through the Online Banking platform), the Deposit Account Agreement and Disclosures (provided at account opening) and other disclosures provided at account opening, as applicable, each provide information relevant to this Service. You can access these agreements through the Online Banking platform. Please call 1-855-444-6861 with any questions that you may have.
Hardware and Software requirements:
Required Software/Equipment - To use online services and to access, view, and retain electronic communications your system will need the following requirements:
• A personal computer running a current supported operating system
• An Internet connection
• A supported Web browser
• A valid email address
• A PDF viewer such as Adobe Reader
• A printer (Optional if you want a paper copy)
Recommended Minimum User Hardware and Connection
• Standard PC or Mac (Dual Core /-2 GHz processor or higher / 4GB RAM or greater)
• Microsoft® Windows 8 / 8.1 / 10 or Mac OS X 10.714((Mojave) through Mac OS X 11.0 (Big Sur)
• Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit;
• Internet connection capable of receiving, accessing, displaying, and either printing or storing communications received.
• Supported browser for consumer and commercial users
• Security, anti-virus and Spyware updates applied
• A valid email address and telephone number
Supported Browsers by Operating System
It is always recommended to use the latest browser version available from the provider. The following browsers have been tested and determined to provide reliable user experience for our online services. Some of these browsers may present information or show minor behavioral or cosmetic differences, but generally support the use of communications and our retail and commercial banking applications functionality.
For Windows End-Users:
• Microsoft Internet Explorer® 11 on Windows 8/8.1/10
• Microsoft Edge on Windows 10 (88+)
• Firefox® on Window 8/8,1/10 (85+)
• Chrome™ on Windows 8/8,1/10 (88+)
For Macintosh Users:
• Firefox (85+)
• Safari 14
• Chrome™ on Mac OS X 10.14 – 11.0 (88+)
For Mobile Users:
• iOS Devices on iPhone, iPad, iPod Version 8.2+
• Android Devices Version 4.1.2+
MountainOne is not responsible for any electronic virus or viruses a customer may encounter while using the internet. It is the Banks recommendation for the customer to perform routine virus and malware scans for your PC by using a current supported virus and malware protection product.
The Bank reserves the right to establish and assign to you deposit limits for the Service (including limits on the dollar amount and/or number of Checks that you may transmit through the Service each day) and to modify such limits from time to time in the Bank’s sole discretion, and you agree to comply with all such limits. Our current daily deposit dollar limit is $2,500and the daily number of items that can be deposited is five (5). There is also a rolling 25day limit where a total of 25 checks can be deposited for a total of no more than $25,000. If you make a deposit through this Service before 5:00 p.m. on a business day that we areopen, we will consider that day to be the day of your deposit. However, if you make adeposit through this Service after 5:00 p.m. or on a day we are not open, we willconsider that the deposit was made on the next business day we are open.
Please refer to your Deposit Account Agreement and Disclosures for further details.
Fees and Charges:
The Bank 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, with the required notification.
Endorsements and Procedures:
You agree to restrictively endorse any item transmitted through the Services as "Mobile Deposit MountainOne 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. Endorsements must be made on the back of the 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 Services.
Check requirements (including 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 Board, 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 an 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).
Rejection of deposits:
After we receive Check images and all other required deposit information from you through the Service, we shall provisionally credit your designated account for the total amount of such Checks. The provisional credit is subject to final payment of the Checks and is also subject to your Deposit Account Agreement and Disclosures. You agree that all deposits received by us are subject to verification and final inspection and may be rejected by us in our sole discretion, and you shall be liable to the Bank for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against the Bank relating to such deposits. The Bank is not liable for any service or late charges that may be imposed against you due to the Bank’s rejection of any Check that you transmit for deposit through the Service. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your account due to a Check being returned. You acknowledge and agree that, while we normally provide notice of rejected deposits, we may reject any Check transmitted through the Service in our sole discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection.
You are solely responsible for verifying that Checks that you deposit by using the Service have been received and accepted for deposit by the Bank. The Bank will provide you with notice of any deposits that it is unable to process because Checks were returned unpaid by the payer financial institution. In the event that the Bank credits your account for a Check that is subsequently dishonored and returned, you authorize the Bank to debit the amount of such Check plus any associated fees from the account. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any of your other account(s) with the Bank in our sole discretion. Our right to charge your account(s) will apply without regard to whether the Check was timely returned or whether there is any other claim or defense that the Check was improperly returned. You understand and agree, that since the original Check is your property, it will not be returned and the Bank may charge back an image of the Check, an ACH debit, or other electronic or paper debit, as applicable, to your account. You further agree that any image that we charge back may be in the form of an electronic or paper reproduction of the original Check or a substitute check. You may not use the Service to deposit a substitute check and you may not deposit the original Check through the Service or in any other manner if you receive a dishonored Check. You agree to comply with any additional instructions we may provide to you in connection with returned Checks.
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, returned items, deposit adjustments, Checks 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 a Check by the Bank through the Service does not constitute an acknowledgement by the Bank that the Check is error-free or that we will be liable for the Check. You agree to notify us promptly of any errors, omissions, or discrepancies in a deposit within the time periods established in your Deposit Account Agreement and Disclosures. You may notify us by writing to “MountainOne Bank, Attn: Customer Care Center, 93 Main Street, North Adams, MA 01247” or telephoning us at 855-444-6861. 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 Deposit Account Agreement and Disclosures shall relieve the Bank of any liability for such error, omission or discrepancy.
Availability of service/Contingency:
In the event you are unable to capture, balance, process, produce or transmit a file 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 will transport 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 your Deposit Account Agreement and Disclosures and not by the terms of this Agreement.
Storage, security and destruction/disposal of the checks:
After you receive confirmation that we have received an image, you must securely store the original Check for 14 calendar days after transmission to us and make the original Check accessible to us at our request. Upon our request from time to time, you will deliver to us within two Business Days, at your expense, the requested original Check in your possession. If not provided in a timely manner, such amount will be reversed from your account. Promptly after the 14-day retention period expires, you must destroy the original Check by first marking it "VOID" and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of the original Check, the image will be the sole evidence of the original Check. You agree that you will never represent the original Check. You understand that you are responsible if anyone is asked to make a payment based on an original check that has already been paid.
Presenting checks more than once:
Once you have used the Service to deposit a Check you agree not to present, or allow anyone else to present, that original Check or a substitute check of that original Check again for deposit through the Service or by any other means. If you or anyone else present a Check or substitute check for deposit more than once, in violation of this Agreement, you agree to indemnify, defend and hold the Bank harmless from and against all liability and damages that may result from any claims, suits or demands from third parties with respect to such Check or substitute check. You agree that we may debit from your Bank account the aggregate amount of any Checks that that are deposited more than once. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any other of your account(s) with the Bank in our sole discretion.
Your Authentication method:
You agree that we are entitled to act upon instructions we receive with respect to the Service under your user ID, password 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 Deposit Account Agreement and Disclosures 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, Checks deposited, Check images, changes to accounts or services or any other communication you provide us through the Service using your Authentication Method.
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 855-444-6861 and with written notice at MountainOne Bank, Attn: Customer Care Center, 93 Main Street, North Adams, MA 01247 if you learn of any loss or theft of original checks and/or if your Mobile Device is lost or stolen. 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.
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.