Bankers Trust Mobile Banking+ & Express Deposit Terms and Conditions
END USER TERMS
This service is provided to you by Bankers Trust and powered by a Third Party (the “Licensor”) mobile technology solution. Section A of these End User Terms is a legal agreement between you and Bankers Trust. Section B of these End User Terms is a legal agreement between you and the Licensor.
TEXT BANKING INSTRUCTIONS (Not Available to Mobile-Only Users)
Thank you for using Bankers Trust Mobile Banking combined with your handheld’s text messaging capabilities. Please note this service is not available to Mobile-Only users. You must establish an Internet Banking account to enroll in Text Banking.
To Get Started with Text Banking:
• Log into Internet Banking from a computer
• Click on the Customer Service tab
• Click Manage Mobile Banking Settings
• If you haven’t already enrolled a device, click Enroll a Mobile Device
• If you have already enrolled a device for the app or mobile browser, click Activate Now next to the words Text Banking
For help, text “HELP” to 79680. To cancel your plan, text “STOP” to 79680 at any time. In case of questions, please contact Customer Service at email@example.com or call 1–800–362–1688.
• The wireless carriers are not liable for delayed or undelivered messages.
• One text message per query.
• Message and data rates may apply.
Pioneer Cellular US
DTC Wireless US
Sagebrush Cellular USA
Chariton Valley Cellular
Epic Touch USA
CTC Telecom Mosaic USA
USA Duet IP Wireless
Communications Venture USA
Cellular One NE AZ USA
Cell 1 East Cent IL
Nex Tech Wireless
Golden State US
Thumb Cellular US
Viaero Wireless US
West Central WCC
NW Missouri USA
Chat Mobile USA
SRT Wireless USA
SouthernLinc Wireless USA
AIO Wireless aka Jasper
Flat Wireless USA
Copper Valley USA
Leaco Rural Telephone USA
Union Wireless USA
Mobile Banking + Terms and Conditions
1. The services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from Bankers Trust. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service.
2. The services are provided by Bankers Trust and not by any other third party. You and Bankers Trust are solely responsible for the content transmitted through the text messages sent to and from Bankers Trust. You must provide source indication in any messages you send (e.g., mobile telephone number, “From” field in text message, etc.)
3. There are two options for enrolling in the services:
• Mobile-Only, which provides inquiry-only and Express Deposit access to your accounts, or
• Mobile Banking in conjunction with Internet Banking, which provides access to most services you have enrolled in via Internet Banking (see section 4 for limitations), including Bill Pay, People Pay, Text Banking and PayPal.
The services are subject to the terms of the Internet Banking agreement (if applicable) and the terms described in these terms & conditions. Additionally, to use the Express Deposit Services described later in this document, your account must be open a minimum of 30 days.
4. Notice to Internet Banking Users: Not all of the services available to you in Internet Banking are available to you with these services. For example, you cannot make transfers to accounts you hold at other institutions (“external transfers”) using the services. You can transfer funds between linked accounts you own at Bankers Trust (“internal transfers”). In order to link accounts for internal transfers, you must first complete a transfer between the accounts using Internet Banking. Once you have created the link in Internet Banking, internal transfers will be enabled on your mobile device. Bill Payment service is available to you with these services. There may be other variances in the services.
5. The services should only be accessed from a mobile device you own, and your mobile device and login information should be kept secure. In the event your mobile device is lost or stolen, or if you believe your login information has been compromised, you can deactivate or suspend the services by following the instructions within the services, or within Internet Banking, or by contacting Bankers Trust at 1-800-362-1688 or firstname.lastname@example.org. Telephoning is the best and most secure method for quickly deactivating the services. To maintain the security of your account(s), please do not include account numbers or other personally identifiable financial information in an email.
Additional Terms & Conditions for the Express Deposit Services
The Express Deposit services are designed to allow you to make deposits to your checking or 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 Bankers Trust or our 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 these Terms & Conditions or Federal Reserve regulations for the processing of these checks for payment including the appropriate endorsement for such a deposit. See the section titled Restrictive Endorsements and Procedures below for complete endorsement instructions. Your account must be open a minimum of 30 days prior to using the Express Deposits services. The services will verify account eligibility each time a deposit is initiated.
Hardware and Software Requirements:
You must have a Mobile Device that is acceptable for use with EXPRESS DEPOSIT and a wireless plan from a compatible mobile wireless provider. You must also use the operating system(s) and software that satisfies all technical specifications and other requirements that Bankers Trust and/or our Licensor establish and specify. Bankers Trust and/or our Licensor may change these specifications and/or requirements from time to time. Bankers Trust is not responsible for any third party software you may need to use EXPRESS DEPOSIT. You agree that you will perform, or cause to be performed by properly trained personnel, all vendor recommended maintenance, repairs, upgrades and replacements. You are solely responsible, at your own expense, for purchasing, installing, operating, testing and maintaining all hardware and software necessary to use EXPRESS DEPOSIT. You must install and test your Mobile Device, your system, and any other required hardware and software before you make your first deposit through EXPRESS DEPOSIT. You accept any such software “as is” and subject to the terms and conditions of the software agreement that you enter into directly with the third party software provider at the time of download and installation. Bankers Trust is not responsible for, and you release us from, any and all claims or damages resulting from, or related to, any computer virus or related problems that may be associated with using EXPRESS DEPOSIT, e-mail or the Internet. You agree that all images and files transmitted to us through EXPRESS DEPOSIT will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
Bankers Trust reserves the right to establish and assign to you deposit limits for EXPRESS DEPOSIT (including limits on the dollar amount and/or number of checks and other payment instruments that you may transmit through EXPRESS DEPOSIT each day) and to modify such limits from time to time in Bankers Trust’s sole discretion, and you agree to comply with all such limits. Our standard daily limits are:
• Daily limits
– You may deposit no more than $5,000 per business day.
– You may deposit no more than five (5) checks and payment instruments per business day.
• Multi-day limits
– You may deposit no more than $10,000 over a 20 business day period.
– You may deposit no more than 10 checks and payment instruments over 20 business day period.
Restrictive Endorsements and Procedures:
You agree to include the restrictive endorsement “FOR MOBILE DEPOSIT AT BANKERS TRUST ONLY” on any check you deposit using EXPRESS DEPOSIT. Below the restrictive endorsement, the check must be signed by all payees named on the check. Additionally, the check must be deposited to an account owned by the payees named on the check.
- A check payable to you must be signed by you and deposited to an account owned by you.
- A check payable to you and any joint owner(s) on your account must be signed by all owners and deposited to an account jointly owned by named on the check.
- A check payable to you or any joint owner may be signed by any person to whom the check is payable (all signatures not required).
- If the check is made payable to you and any non-joint owner, you may not deposit the check into your account using EXPRESS DEPOSIT.
Endorsements must be made on the back of the check within 1½ inches from the top edge. You agree to follow any and all other procedures and instructions for use of EXPRESS DEPOSIT as Bankers Trust may establish from time to time.
Failure to endorse the item as described may result in your deposit being rejected.
Any loss Bankers Trust incurs from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility, including any duplicate presentment caused because a check did not contain the proper restrictive endorsement identifying it for mobile deposit at Bankers Trust only. See Presenting Checks More Than Once section below for further information.
Check Requirements and Image Quality:
The image of an item transmitted to Bankers Trust using EXPRESS DEPOSIT 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, clearinghouse 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 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 Bankers Trust receives check images and all other required deposit information from you through EXPRESS DEPOSIT, 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 Account Agreement. You agree that all deposits received by Bankers Trust are subject to verification and final inspection and may be rejected by us in our sole discretion, and you shall be liable to Bankers Trust for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against Bankers Trust relating to such deposits. Bankers Trust is not liable for any service or late charges that may be imposed against you due to rejection of any check that you transmit for deposit through EXPRESS DEPOSIT. 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 Bankers Trust normally provides notice of rejected deposits, we may reject any check transmitted through EXPRESS DEPOSIT 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. If Bankers Trust rejects a check for remote deposit, please bring the check to any of our offices for review.
International checks, traveler’s checks, and money orders are not eligible to deposit using EXPRESS DEPOSIT. These checks should be deposited in person at any of our offices.
Availability of Funds:
Funds from your deposits will be made available as detailed in the Your Ability to Withdraw Funds section of your account agreement. Funds from your deposit may be delayed for a longer period under certain circumstances. See the Longer Delays May Apply section of your account agreement for complete details.
Should you fail to produce the original check and your deposit has been returned for any reason, you authorize us to deduct that amount from your account. You are solely responsible for verifying that checks that you deposit by using EXPRESS DEPOSIT have been received and accepted for deposit by Bankers Trust. Bankers Trust will provide you with notice of any deposits that it is unable to process because checks were returned unpaid by the payor financial institution. You agree to accept such notices at your e-mail address on file with us, but we may choose any reasonable method for providing such notices to you. In the event that Bankers Trust credits your account for a check that is subsequently dishonored and returned, you authorize Bankers Trust 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 Bankers Trust 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 Bankers Trust 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 EXPRESS DEPOSIT to deposit a substitute check and you may not deposit the original check through EXPRESS DEPOSIT or in any other manner if you receive a dishonored check. You agree to comply with any additional instructions Bankers Trust may provide to you in connection with returned checks.
Duty to Report Errors:
Bankers Trust will provide you with periodic statements that will identify the deposits that you make through EXPRESS DEPOSIT. In addition, you may access Bankers Trust’s Internet Banking service for information about your deposits, return items, deposit adjustments, checks and other transactions on your accounts. You agree that it is your responsibility to review all such information that Bankers Trust makes available to you in a timely manner to verify that deposits made through EXPRESS DEPOSIT have been received and accepted by Bankers Trust and are accurate. Receipt of a check by Bankers Trust through EXPRESS DEPOSIT does not constitute an acknowledgement by Bankers Trust 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 Account Agreement. You may notify us by e-mailing us at email@example.com, or writing to Bankers Trust, Attn. Customer Service, P.O. Box 897, Des Moines, IA 50304 or telephoning us at 1-800-362-1688. To maintain the security of your account(s), do not include any personal financial information in an e-mail transmission. You agree to cooperate in any investigation by Bankers Trust of any unsuccessful or lost transmission. Subject to applicable law, any failure by you to notify Bankers Trust of any error, omission or other discrepancy in accordance with these Terms & Conditions and your Account Agreement shall relieve us 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 Bankers Trust, 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 Bankers Trust location. The deposit of original checks at an office of Bankers Trust shall be governed by the terms and conditions of the Account Agreement and not by the terms of these Terms & Conditions. Failures or outages will not result in the imposition of liability on Bankers Trust. You understand that outages, interruptions, and failures are possible and assume the risk associated with the same.
Storage, Security and Destruction/Disposal of the Checks:
After you receive confirmation that Bankers Trust has received an image, we recommend you securely store the original check for 15 days after transmission to us and make the original check accessible to us at our request. Upon Bankers Trust’s request from time to time, you will deliver to us within two Business Days (any Monday through Friday that is not a federal holiday), 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 15-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 EXPRESS DEPOSIT 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 EXPRESS DEPOSIT or by any other means. If you or anyone else present a check or substitute check for deposit more than once, in violation of these Terms & Conditions, you agree to indemnify, defend and hold Bankers Trust 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 Bankers trust may debit from your 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 Bankers Trust in our sole discretion.
Your Authentication Method: You agree that Bankers Trust is entitled to act upon instructions we receive with respect to EXPRESS DEPOSIT 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. Bankers Trust has 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 Account Agreement and these Terms & Conditions. 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 Bankers Trust 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 EXPRESS DEPOSIT with your Authentication Method, you authorize Bankers Trust to complete the requested transaction(s) through EXPRESS DEPOSIT. Any requests or instructions Bankers Trust receives from you through EXPRESS DEPOSIT 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 EXPRESS DEPOSIT 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 Bankers Trust immediately by telephone at 1-800-362-1688 and with written notice at Bankers Trust, Attn. Customer Service, P.O. Box 897, Des Moines, IA 50304, 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, Bankers Trust 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 these Terms & Conditions. By utilizing the services, you understand and accept the risks associated with the transmission of your check and data until it is received by Bankers Trust.
Cooperation with Investigations:
You agree to cooperate with Bankers Trust 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 EXPRESS DEPOSIT in your possession and your records relating to such items and transmissions.
For more detailed information about your rights and responsibilities in electronic funds transfers, please refer to the Electronic Fund Transfers: Your Rights and Responsibilities section of the account Terms & Conditions and the Internet Banking and Bill Pay Service and Agreement.
END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP
To be Agreed to by End User Prior to Use of the Downloadable App
1. Ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider (“Licensor”) is the owner of all right, title and interest in and to the downloaded software to be used for access to mobile banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the “Software”).
2. License. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
3. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
4. Disclaimer Warranty. THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
5. Limitations of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR , THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
6. U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
7. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of California excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
8. Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software. 9. Waiver. No delay or failure on the part of Bankers Trust in exercising any right, power or privilege hereunder or requiring strict compliance to any of these Terms and Conditions shall operate as a waiver thereof; nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power of privilege of Bankers Trust. The rights and remedies of Bankers Trust are cumulative and are not exclusive of any rights or remedies which Bankers Trust would otherwise have provided by law, equity, or by statute, and any such rights and remedies may be exercised individually, concurrently, successively and in any order.