Mobile Deposit Application

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Terms and Conditions

Farmers & Merchants Bank & Trust Mobile Capture Agreement

This Mobile Capture Service End User Agreement (the “Agreement”) contains the terms and conditions for the use of the Mobile Capture Service (the “Service”) that Farmers & Merchants Bank & Trust (hereafter referred to as “F&M Bank & Trust,” “the Bank”, “our,” “us,” or “we”) may provide to you (“you,” “your” or “User”). This Agreement supplements the terms of other agreements you have entered into with the Bank, including the Account Rules and related fee schedules and disclosures that govern the terms, conditions and fees of your deposit account(s) with us, each as may be amended from time to time (such deposit account agreements, fee schedules and related disclosures being referred to hereinafter individually as an “Account Agreement” and collectively as the “Account Agreements”). The terms and conditions of your Account Agreement are incorporated by reference and made a part of this Agreement. In the event of a conflict between the terms of this Agreement and your Account Agreement the terms of this Agreement shall control as it regards the provision of the Service.

1. Services. The Service allow you to make deposits to your checking, savings or money market accounts from any location by scanning checks with a compatible camera-enabled mobile phone or mobile device and delivering the images and associated deposit information to FARMERS & MERCHANT BANK & TRUST or FARMERS & MERCHANT BANK & TRUST's designated processor. The checking, money market or savings accounts designated by you during the enrollment process must be set up through the Bank’s online banking service (each such account hereinafter referred to as an “Authorized Account”). Each such deposit is referred to in this Agreement as a “Service Transaction.” By using the Service, you authorize the Bank to convert checks to images or create substitute checks for the purpose of clearing the check. The Bank reserves the right to change the Service at any time and in any manner in its sole discretion. Your continued use of the Service will indicate your acceptance of any such changes to the Service.

2. Acceptance of these terms. By accepting this Agreement, you are agreeing to all of the terms outlined within it. This Agreement is subject to change from time to time. We will notify you of any material change. We will provide you with advance notice of any changes to the terms of this Agreement when required to do so by applicable law. Your continued use of the Service after we provide you notice of changes will indicate your acceptance of the revised Agreement.

3. Limitations of Service. When using the SERVICE, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of our services have qualification requirements and we reserve the right change the qualifications at any time without prior notice.

4. Confidentiality. Software, processes and other information provided to Client in connection with the Service, and all fee and pricing information with respect to the Service product, is the proprietary and confidential property of FARMERS & MERCHANT BANK & TRUST and/or its relevant licensors or suppliers. Client agrees to use the information only in the manner specified by the Bank and in the ordinary course of Client's business, to return it to Bank upon termination of the Service, and to keep the information confidential and limit access. Client authorizes the transfer of information relating to Client to agents of Bank or Client for use in connection with the Service or as required by law.

5. Fees. There is no per item fee to use the service.

6. E-mail Address. You agree to notify us immediately if you change your e-mail address and that your notification will be made by following our procedures for updating personal information. You agree to receive notices about the service from us via email, including any notifications regarding changes to the Service.

7. Eligible items. You agree to scan and deposit only checks as that term defined in Federal Reserve Regulation CC (Reg.CC). You agree that the image of the check transmitted to FARMERS & MERCHANT BANK & TRUST shall be deemed an "item" within the meaning of the Iowa Uniform Commercial Code You agree that you will not use the Services to scan and deposit any checks or other items as shown below:

  1. Checks or items payable to any person or entity other than you.
  2. Checks or items drawn, or otherwise issued by you, or any other person on any of your accounts. Also, any account on which you are an authorized signer or joint account holder.
  3. Checks or items containing obvious alteration to any of the fields on the front of the check or item, or which you know a suspect or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.
  4. Checks or items previously converted to a substituted check, as defined in Reg. CC.
  5. Checks or items drawn on a financial institution located outside the United States.
  6. Checks or items that are remotely created checks, as defined in Reg. CC.
  7. Checks or items not payable in U.S. currency.
  8. Checks or items dated more than six (6) months prior to the date of deposit
  9. Checks or items prohibited by FARMERS & MERCHANT BANK & TRUST’S current procedures relating to the SERVICE services or which are otherwise not acceptable under the terms of your FARMERS & MERCHANT BANK & TRUST contract.

8. Qualifications. Use of the Service is subject to Bank approval. In order to be eligible to use the Service, your account(s) must meet qualification criteria set by the Bank. We will review all accounts for which you are signer in order to determine your qualification for the Service. We will notify you of our decision regarding your qualification for the Service.

9. Business Days and Funds Availability. Mobile Capture Transactions confirmed as received before 3:30 p.m. Central Time on a business day will be credited to your account by the following business day as defined within our Funds Availability Policy. Mobile Capture Transactions confirmed received after 3:30 p.m. Central Time and deposits received on a non-business day will be credited to your account on the next business day.

10. Image Quality. The image of a check transmitted to the Bank using the Service must consist of legible images of the front and back of the check. The image that is transmitted must be of such quality that the following information can easily be read by sight review of the image:

  1. The amount of the check;
  2. The payee;
  3. The drawer’s signature;
  4. The date of the check,
  5. The check number;
  6. Information identifying the drawer and the paying bank that is preprinted on the check in the MICR line, including the routing transit number, account number, check amount when encoded, serial number and process control field;
  7. Other information placed on the check prior to the time that the image is captured (such as any required identification on the front of the check or any endorsements applied to the back of the check).

11.Endorsements. Your endorsement must include the words "FOR DEPOSIT ONLY" followed by your signature. Any loss you incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. If the check is payable to you or your joint owner, either of you may endorse it. If the check is made payable to you and your joint owner, both of you must endorse the check.

12.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 during transmission. An image of an item shall be deemed received when you receive a confirmation from FARMERS & MERCHANT BANK & TRUST that your deposit has been posted. Receipt of such confirmation does not mean that the transmission was error free or complete. If your deposit is rejected for any reason you will receive an email at the address provided on your acceptance form. This email will include a brief description of the reason for rejection as well as instructions for re-depositing the item.

13.Disposal of Transmitted Items. Upon proper clearing of funds and confirmation of your deposit from the Bank, you agree to prominently mark the check as “Electronically Presented” or “VOID” and to properly store the check to ensure that it is not presented again for payment. You agree any check that has been transmitted through the Service will not be presented by you or any person again. You agree to retain all checks that you have deposited through the Service for at least 30 business days and, following the 30 day retention period, you agree to dispose of your check in a manner which will ensure the check will not be presented again. You will promptly provide any retained check, or a sufficient copy of the front and back of the check, to the Bank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any check or check image, or for the Bank’s audit purposes. If you fail to promptly provide the original check or a reasonable copy of the check in response to a request by us, you agree to request a new check for deposit from the check’s originator. If you fail to provide any copy of a check and cannot obtain a new check from the originator, you agree that we are authorized to debit your account for the amount of the check in question if we deem this action necessary. You will be solely responsible for any losses incurred as a result of the failure to promptly provide a retained check or replacement check in response to our request.

14.Deposit Limits. The daily deposit limit is for a consumer account is $2,000 per item. The daily deposit limit for a business account is $5,000 per item. There is also a daily deposit limit maximum for a consumer account of $2,000. There is also a daily deposit limit maximum for a business account of $5,000. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times. We are not responsible for any losses incurred as a result of rejecting deposits that you have made through the Service which exceed your deposit limits.

15.Hardware and Software. In order to use the Service, you must obtain and maintain, at your expense, compatible hardware and software as specified by the Bank. You will be required to download and install the Service application to your smart phone device from your wireless service provider. The Bank is not responsible for any third party software you may need to use the Service. 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. You understand and agree that you are solely responsible for any Internet, cellular, data download other charges that your Internet service provider or wireless service provider may impose for your access to the Internet or download of an application to use the Service.

16.Errors. You agree to notify FARMERS & MERCHANT BANK & TRUST of any suspected errors regarding items deposited through the service immediately, and in no event later than 60 days after the applicable FARMERS & MERCHANT BANK & TRUST account statement is sent. Unless you notify FARMERS & MERCHANT BANK & TRUST within 60 days, such statement regarding all deposits made through the service shall be deemed correct, and you are prohibited from bringing a claim against FARMERS & MERCHANT BANK & TRUST for such alleged error.

17.Ownership. You agree that FARMERS & MERCHANT BANK & TRUST retains all ownership and proprietary rights in the service, associated content, technology, and website. Your use of the service is subject to and conditioned upon the complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the service. Without limiting the restriction of the foregoing, you may not use the service in any manner or purpose which would be contrary to FARMERS & MERCHANT BANK & TRUST's business interest, or to FARMERS & MERCHANT BANK & TRUST's actual or potential economic disadvantage in any aspect. 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 service.

18.Returned Checks. If images of checks deposited by Client are dishonored or otherwise returned unpaid by the drawee bank, or are returned by a clearing agent for any reason, including but not limited to, issues relating to the quality of the image, Client understands and agrees that, since Client has destroyed the original check in accordance with Section 10 of this Agreement, the original check will not be returned, and FARMERS & MERCHANT BANK & TRUST may charge back an image of the check to Client's account. Client understands and agrees that the image may be in the form of an electronic or paper reproduction of the original check or substitute check in compliance with Check 21

19.FARMERS & MERCHANT BANK & TRUST's Duties and Responsibilities. FARMERS & MERCHANT BANK & TRUST's duties and responsibilities are limited to those described in this Agreement, the Deposit Agreement and any other agreements governing the accounts. FARMERS & MERCHANT BANK & TRUST will use reasonable care in performing its responsibilities under this Agreement.

20.Termination. In addition to termination provisions elsewhere in this agreement, FARMERS & MERCHANT BANK & TRUST may immediately terminate the service or any portion thereof, if FARMERS & MERCHANT BANK & TRUST determines that such service or portion of any service is in violation of any other law or regulation, or in its sole discretion and without notice, decides to cease to providing this service. Upon termination of this Agreement for any reason and Client's access to and use of, the SERVICE services will terminate. FARMERS & MERCHANT BANK & TRUST may immediately terminate this Agreement without notice if, in FARMERS & MERCHANT BANK & TRUST's sole discretion, determines that Client has abused the service or FARMERS & MERCHANT BANK & TRUST believes that it will suffer a loss or other damage if the Agreement is not terminated.

21.DISCLAIMER OF LIABILITY. YOU AGREE YOUR USE OF THE SERVICE SERVICES 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 KIND AS TO THE USE OF THE SERVICE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTEES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (I) WILL MEET YOUR REQUIREMENTS,(II) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN THIS SERVICE OR TECHNOLOGY WILL BE CORRECTED.

22.LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF FARMERS & MERCHANT BANK & TRUST HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.

23.User Warrantees and Indemnification. You warrant to FARMERS & MERCHANT BANK & TRUST that:

  1. You will only transmit eligible items.
  2. Images will meet the image quality standards.
  3. You will not transmit duplicate items.
  4. You will not deposit or re-present the original item.
  5. All information you provide to FARMERS & MERCHANT BANK & TRUST is accurate and true.
  6. You will comply with this Agreement and all applicable rules, laws and regulations.
You agree to indemnify and hold harmless FARMERS & MERCHANT BANK & TRUST from any loss for breach of this warranty provision.

24.Electronic Agreement. By clicking, “I agree,” you give your consent to accept the terms and conditions of Mobile Capture electronically. Your electronic consent or your use of the Service has the same effect as if you had signed this agreement with your physical signature. By providing your consent, you are confirming that you have the hardware and software as described in the agreement, that you are able to receive and review electronic records, and that you have an active email account. You may request a paper copy of these terms & conditions by calling us at (888) 331-BANK.

I agree to the Mobile Deposit Terms and Conditions.