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. A $0.35* fee will be charged per deposit and all Mobile Capture Fees will be debited at one time from your Authorized Account at the end of the statement cycle in which your Mobile Capture Transaction(s) occurred. Use of the Service indicates your acceptance to pay the Mobile Capture Fee. This Fee can be changed at any time per the Bank’s discretion. We will notify you at least 30 days before we increase the Mobile Capture Fee. Continued use of the Service after we provide notice of the change in the fee amount indicates your acceptance to pay the new Mobile Capture Fee amount. *State and local sales tax may apply.

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 $2,000 per item. There is also a daily deposit limit maximum of $2,000. 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.

ELECTRONIC FUND TRANSFERS YOUR RIGHTS AND RESPONSIBILITIES
Indicated below are types of Electronic Fund Transfers we are capable of handling, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You should keep this notice for future reference.
Electronic Fund Transfers Initiated By Third Parties.
You may authorize a third party to initiate electronic fund transfers between your account and the third party’s account. These transfers to make or receive payment may be one-time occurrences or may recur as directed by you. These transfers may use the Automated Clearing House (ACH) or other payments network. Your authorization to the third party to make these transfers can occur in a number of ways. For example, your authorization to convert a check to an electronic fund transfer or to electronically pay a returned check charge can occur when a merchant provides you with notice and you go forward with the transaction (typically, at the point of purchase, a merchant will post a sign and print the notice on a receipt). In all cases, these third party transfers will require you to provide the third party with your account number and bank information. This information can be found on your check as well as on a deposit or withdrawal slip. Thus, you should only provide your bank and account information (whether over the phone, the Internet, or via some other method) to trusted third parties whom you have authorized to initiate these electronic fund transfers. Examples of these transfers include, but are not limited to:
• Preauthorized credits. You may make arrangements for certain direct deposits to be accepted into your checking or savings account(s). • Preauthorized payments. You may make arrangements to pay certain recurring bills from your checking or savings account(s).
Electronic check conversion. You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to pay for purchases or pay bills.
Electronic returned check charge. You may authorize a merchant or other payee to initiate an electronic funds transfer to collect a charge in the event a check is returned for insufficient funds.
Please also see Limitations on frequency of transfers section regarding limitations that apply to savings accounts. V.I.C. Telephone Transfers - types of transfers - You may access your account by telephone 24 hours a day at 1-866-235-3124 using your personal identification number, a touch tone phone, your account numbers, and the last four digits of your social security number (for initial access only), to:
• transfer funds from checking to checking
• transfer funds from checking to savings
• transfer funds from savings to checking
• transfer funds from savings to savings
• make payments from checking to loan accounts with us
• make payments from savings to loan accounts with us
• get information about:
• the account balance of checking accounts
• the account balance of savings accounts
• the account balance of CD and loan accounts
ATM Transfers - types of transfers, dollar limitations, and charges - You may access your account(s) by ATM using your ATM card and personal identification number or Visa Check Card and personal identification number, to:
• make deposits to checking account(s) with an ATM/Visa Check Card
• make deposits to savings account(s) with an ATM/Visa Check Card
• get cash withdrawals from checking account(s) with an ATM/Visa Check Card
• you may withdraw no more than $300.00 per 24-hour period in combination with point-of-sale transactions
• see specific account disclosures for charges that may apply to ATM/Visa Check Card withdrawals or transfers
• get cash withdrawals from savings account(s) with an ATM/Visa Check Card
• you may withdraw no more than $300.00 per 24-hour period in combination with point-of-sale transactions
• see specific account disclosures for charges that may apply to ATM/Visa Check Card withdrawals or transfers
• transfer funds from savings to checking account(s) with an ATM/Visa Check Card
• see specific account disclosures for charges that may apply to ATM/Visa Check Card withdrawals or transfers
• transfer funds from checking to savings account(s) with an ATM/Visa Check Card
• see specific account disclosures for charges that may apply to ATM/Visa Check Card withdrawals or transfers
• get information about:
• the account balance of your checking account(s)
o with an ATM/Visa Check Card
• the account balance of your savings account(s)
o with an ATM/Visa Check Card
Some of these services may not be available at all terminals.
Point-of-Sale Transactions - dollar limitations and charges - Using your card:
• you may not exceed $300.00 in transactions per 24-hour period in combination with ATM withdrawals
• see specific account disclosures for charges that may apply to ATM card transactions
Types of Visa Check Card Point-of-Sale Transactions - You may access your checking account(s) to purchase goods (in person, online, or by phone), pay for services (in person, online, or by phone), get cash from a merchant, if the merchant permits, or from a participating financial institution, and do anything that a participating merchant will accept. Point-of-Sale Transactions - dollar limitations and charges - Using your card:
• you may not exceed $2,400.00 in transactions per day
• see separate fee schedule for information about charges
Currency Conversion and International Transactions. When you use your Visa® Check Card at a merchant that settles in currency other than US dollars, the charge will be converted into the US dollar amount. The currency conversion rate used to determine the transaction amount in US dollars is either a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or the government-mandated rate in effect for the applicable central processing date. The conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or posting date. Visa USA charges us a .8% International Service Assessment on all international transactions, regardless of whether there is a currency conversion. If there is a currency conversion, the International Service Assessment is 1% of the transaction. In either case, we pass this international transaction fee on to you. An international transaction is a transaction where the country of the merchant is outside the USA.
Advisory Against Illegal Use. You agree not to use your card(s) for illegal gambling or other illegal purpose. Display of a payment card logo by, for example, an online merchant does not necessarily mean that transactions are lawful in all jurisdictions in which the cardholder may be located.
Non-Visa Debit Transaction Processing. We have enabled non-Visa debit transaction processing. This means you may use your Visa-branded debit card on a PIN-Debit Network* (a non-Visa network) without using a PIN. The non-Visa debit network(s) for which such transactions are enabled are: ACCEL/Exchange Network. Examples of the types of actions that you may be required to make to initiate a Visa transaction on your Visa-branded debit card include signing a receipt, providing a card number over the phone or via the Internet, or swiping the card through a point-of-sale terminal.
Examples of the types of actions you may be required to make to initiate a transaction on a PIN-Debit Network include initiating a payment directly with the biller (possibly via telephone, Internet, or kiosk locations), responding to a logo displayed at a payment site and choosing to direct payment through that network, and having your identity verified using known information derived from an existing relationship with you instead of through use of a PIN.
The provisions of your agreement with us relating only to Visa transactions are not applicable to non-Visa transactions. For example, the additional limits on liability (sometimes referred to as Visa's zero-liability program) and the streamlined error resolution procedures offered on Visa debit card transactions are not applicable to transactions processed on a PIN-Debit Network.
*Visa Rules generally define PIN-Debit Network as a non-Visa debit network that typically authenticates transactions by use of a personal identification number (PIN) but that is not generally known for having a card program.
F&M Internet Banking Computer Transfers - types of transfers - You may access your account(s) by computer by logging onto our website at www.fmbanktrust.com and using your user identification number and your password, to:
• transfer funds from checking to checking
• transfer funds from checking to savings
• transfer funds from savings to checking
• transfer funds from savings to savings
• transfer funds from line of credit to checking
• transfer funds from line of credit to savings
• make payments from checking to loan account(s) with us
• make payments from savings to loan account(s) with us
• get information about:
- the account balance of checking account(s)
- the account balance of savings account(s)
- the account balance of loan account(s)
Make payments to third parties
Mobile Banking Transfers-types of transfers
You may access your account(s) by your mobile phone (text based or web-enabled) by accessing a special link or access code provided to you at enrollment and by using your user identification and password to:
• transfer funds from checking to checking
• transfer funds from checking to savings
• transfer funds from savings to checking
• transfer funds from savings to savings
• transfer funds from line of credit to checking
• transfer funds from line of credit to savings
• make payments from checking to loan account(s) with us
• make payments from savings to loan account(s) with us
• get information about:
o the account balance of checking account(s)
o the account balance of savings account(s)
o the account balance of loan account(s)
• make payments to third parties
• deposit checks into your account
FEES
• We do not charge for direct deposits to any type of account.
• We do not charge for preauthorized payments from any type of account.
• See separate fee schedule for information about charges.
Except as indicated elsewhere, we do not charge for these electronic fund transfers.
ATM Operator/Network Fees. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
DOCUMENTATION
Terminal transfers. You can get a receipt at the time you make a transfer to or from your account using an automated teller machine or point-of-sale terminal. However, you may not get a receipt if the amount of the transfer is $15 or less.
Preauthorized credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, the person or company making the deposit will tell you every time they send us the money.
Preauthorized credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at (319) 754-BANK to find out whether or not the deposit has been made.
Periodic statements.
You will get a monthly account statement from us for your checking and Prime Plus accounts.
You will get a monthly account statement from us for your savings accounts, unless there are no transfers in a particular month. In any case, you will get a statement at least quarterly.
PREAUTHORIZED PAYMENTS
Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how:
Call or write us at the telephone number or address listed in this brochure in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.
Please refer to our separate fee schedule for the amount we will charge you for each stop payment order you give.
Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
FINANCIAL INSTITUTION’S LIABILITY
Liability for failure to make transfers. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
(1) If, through no fault of ours, you do not have enough money in your account to make the transfer.
(2) If you have an overdraft line and the transfer would go over the credit limit.
(3) If the automated teller machine where you are making the transfer does not have enough cash.
(4) If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
(5) If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
(6) There may be other exceptions stated in our agreement with you.
CONFIDENTIALITY
We will disclose information to third parties about your account or the transfers you make:
(1) where it is necessary for completing transfers; or
(2) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
(3) in order to comply with government agency or court orders; or
(4) as explained in the Privacy Disclosure contained elsewhere in this document.
UNAUTHORIZED TRANSFERS
(a) Consumer liability.
• Generally. Tell us AT ONCE if you believe your card and/or code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or theft of your card and/or code, you can lose no more than $50 if someone used your card and/or code without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
• Additional Limit on Liability for Visa® Check Card. Unless you have been grossly negligent or have engaged in fraud, you will not be liable for any unauthorized transactions using your lost or stolen Visa® Check Card. This additional limit on liability does not apply to ATM transactions outside of the US or to transactions using your Personal Identification Number which are not sent over the VISA® or PLUS networks.
(b) Contact in event of unauthorized transfer. If you believe your card and/or code has been lost or stolen, call or write us at the telephone number or address listed in this brochure. You should also call the number or write to the address listed in this brochure if you believe a transfer has been made using the information from your check without your permission.
ERROR RESOLUTION NOTICE
In Case of Errors or Questions About Your Electronic Transfers, Call or Write us at the telephone number or address listed in this brochure, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
(1) Tell us your name and account number (if any).
(2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(3) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days (5 business days for Visa® Check Card point-of-sale transactions processed by Visa and 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days for Visa® Check Card point-of-sale transactions processed by Visa and 20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
FARMERS & MERCHANTS BANK & TRUST
P.O. BOX 928
BURLINGTON, IOWA 52601-0928
Business Days: Monday through Friday
Excluding Federal Holidays
Phone: 319-754-BANK or 888-331-BANK
MORE DETAILED INFORMATION IS AVAILABLE ON REQUEST

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