Mobile Capture Application

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Mobile Deposit User Agreement

This Mobile Deposit User Agreement (this "Agreement") contains the terms and conditions for the use of mobile deposit Services and/or other mobile remote deposit Services that First National Bank of North Arkansas or its affiliates ("First National Bank of North Arkansas") may provide to its deposit account customers ("Customer" or "you" or "your"). The Consumer Deposit Account and Services Agreement and/or the Commercial Deposit Account Agreement and Services Disclosure (collectively, the "Deposit Agreement") are incorporated by reference and made a part of this Agreement. In the event of conflict or discrepancy between this Agreement and other agreements entered into between you and First National Bank of North Arkansas regarding the subject matter herein, this Agreement shall take precedence.

Services. The mobile deposit services (the "Services") are designed to allow you to make deposits to a qualified First National Bank of North Arkansas checking, savings, or money market account from home or other remote locations by taking pictures of checks or by scanning checks and delivering the images and associated deposit information to First National Bank of North Arkansas or a third-party processor designated by First National Bank of North Arkansas.

Acceptance of these Terms. Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change periodically unless specifically prohibited by applicable law. First National Bank of North Arkansas will notify you of any material change either electronically or by physical mail to you at the most current address on record with First National Bank of North Arkansas. Notices shall be deemed delivered after one (1) business day if delivered electronically, or after three (3) business days if sent by physical mail. Changes to this Agreement will be deemed effective no less than thirty (30) days after delivery (as calculated by the above mentioned standards). You will have the right to terminate this Agreement prior to the effective date of amendment. After the amendment becomes effective, continued use of the Services by you will indicate consent to be bound by the revised Agreement. Further, First National Bank of North Arkansas reserves the right, at its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such modifications to the Services.

Limitations of Service. When using the Services, you may experience technical or other difficulties. First National Bank of North Arkansas does not assume any responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and First National Bank of North Arkansas reserves the right to change the qualifications at any time without prior notice. First National Bank of North Arkansas additionally reserves the right to change, suspend or discontinue the Services, in whole or in part, or Customer’s use of the Services, in whole or in part, immediately and at any time without prior notice to you.

Hardware and Software. In order to use the Services, Customer must obtain and maintain, at Customer’s expense, compatible hardware and software as specified by First National Bank of North Arkansas. First National Bank of North Arkansas is not responsible for any third party hardware or software you may need to use the Services. Any hardware or 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 the time of download and installation.

Fees. First National Bank of North Arkansas does not charge a fee for this service. First National Bank of North Arkansas is not liable for any costs you may incur from cellular data networks or other related equipment that may result from usage of this Service.

Eligible items. You agree to photograph or scan and deposit only "checks" as that term is defined in Federal Reserve Regulation CC ("Reg. CC"). When the images of the front and back of a check are transmitted to First National Bank of North Arkansas, they are individually or collectively converted to an electronic image for subsequent presentment and collection. It shall thereafter be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code.

You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:

  • Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into
  • Checks containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn
  • Checks payable jointly, unless deposited into an account in the name of all payees
  • Checks drawn on a financial institution located outside the United States
  • Checks that are remotely created checks (as defined in Reg. CC)
  • Checks not payable in United States currency
  • Checks dated more than six (6) months prior to the date of deposit
  • Checks or items prohibited by First National Bank of North Arkansas's current procedures relating to the Services or which are otherwise not acceptable under the terms of the Deposit Agreement
  • Checks payable on sight or payable through Drafts (as defined in Reg. CC)
  • Checks with any endorsement on the back other than that specified in this Agreement
  • Checks that have previously been submitted through the Service or through a remote deposit service offered at any other financial institution

Endorsements and Procedures. Unless otherwise instructed by First National Bank of North Arkansas, you agree that all checks deposited through the Services must

  1. be signed by all required payees, and
  2. state "Deposit Only FNBNA Consumer Capture"

First National Bank of North Arkansas will not be liable for any loss incurred from a delay or processing error resulting from an irregular endorsement or other markings by you. You agree to follow any and all other procedures and instructions for use of the Services as First National Bank of North Arkansas may establish from time to time.

Receipt of Items. First National Bank of North Arkansas reserves the right to reject any item transmitted through the Services, at First National Bank of North Arkansas's discretion and without liability. First National Bank of North Arkansas is not responsible for items First National Bank of North Arkansas does 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 First National Bank of North Arkansas that First National Bank of North Arkansas has received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. First National Bank of North Arkansas further reserves the right to charge back to Customer's account at any time any item that First National Bank of North Arkansas or its affiliates subsequently determine was not an eligible item. You agree that First National Bank of North Arkansas is not liable for any loss, costs, or fees you may incur as a result of a chargeback of an ineligible item.

Availability of Funds. First National Bank of North Arkansas reserves the right to reject any item transmitted through the Services, at First National Bank of North Arkansas's discretion and without liability. First National Bank of North Arkansas is not responsible for items First National Bank of North Arkansas does 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 First National Bank of North Arkansas that First National Bank of North Arkansas has received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. First National Bank of North Arkansas further reserves the right to charge back to Customer's account at any time any item that First National Bank of North Arkansas or its affiliates subsequently determine was not an eligible item. You agree that First National Bank of North Arkansas is not liable for any loss, costs, or fees you may incur as a result of a chargeback of an ineligible item.

Disposal of Transmitted Items. Upon your receipt of a confirmation from First National Bank of North Arkansas that First National Bank of North Arkansas has received an image that you have transmitted, you agree to retain the check in safekeeping in a secure environment for at least forty five (45) calendar days from the date of the image transmission. After forty five (45) days, you agree to destroy the check that you transmitted as an image, mark it "VOID", or otherwise render it incapable of further transmission, deposit, or presentment. Image quality is reviewed by First National Bank of North Arkansas after submission; however, if the receiving bank does not accept the image, you may be required to present the original check for payment. During the time the retained check is available, you agree to promptly provide it to First National Bank of North Arkansas upon request. First National Bank of North Arkansas assumes no liability for losses you may incur if the receiving bank does not accept your image and you are unable or unwilling to present the original check for payment.

Deposit Limits. First National Bank of North Arkansas may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, First National Bank of North Arkansas may reject your deposit. If First National Bank of North Arkansas permits you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and First National Bank of North Arkansas will not be obligated to allow such a deposit at other times. Daily and monthly deposit limits may vary for users of other services provided by First National Bank of North Arkansas or its affiliates.

Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in First National Bank of North Arkansas's sole discretion, subject to the Deposit Agreement or other agreements governing your account.

Errors. You agree to notify First National Bank of North Arkansas of any suspected errors regarding items deposited through the Services right away, and in no event later than fourteen (14) days after the applicable First National Bank of North Arkansas account statement is sent. Unless you notify First National Bank of North Arkansas within fourteen (14) days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against First National Bank of North Arkansas for such alleged error.

Errors in Transmission. By using the Services you accept the risk that an item may be intercepted or misdirected during transmission. First National Bank of North Arkansas bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.

Image Quality. The image of an item transmitted to First National Bank of North Arkansas using the Services must be legible, as determined in the sole discretion of First National Bank of North Arkansas. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by First National Bank of North Arkansas, ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association. First National Bank of North Arkansas accepts no liability and makes no guarantee that its image standards will be acceptable to other banks when presented for payment.

CUSTOMER REPRESENTATIONS AND WARRANTIES. CUSTOMER REPRESENTS AND WARRANTS TO FIRST NATIONAL BANK OF NORTH ARKANSAS:

  1. CUSTOMER HAS THE AUTHORITY TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER AND ALL INFORMATION SUPPLIED BY CUSTOMER TO FIRST NATIONAL BANK OF NORTH ARKANSAS IS ACCURATE AND TRUE;
  2. CUSTOMER WILL PROVIDE ALL REASONABLE ASSISTANCE TO FIRST NATIONAL BANK OF NORTH ARKANSAS AND ITS SUBCONTRACTORS IN PROVIDING THE SERVICES SET FORTH HEREIN;
  3. CUSTOMER AND ANY AUTHORIZED USERS WILL ONLY USE THE SERVICES FOR LAWFUL PURPOSES AND IN COMPLIANCE WITH ALL APPLICABLE RULES AND REGULATIONS AND WITH FIRST NATIONAL BANK OF NORTH ARKANSAS'S REASONABLE INSTRUCTIONS, RULES, POLICIES, SPECIFICATIONS, TERMS AND CONDITIONS, AND OPERATING PROCEDURES AND WILL NOT VIOLATE ANY LAW OF ANY COUNTRY OR THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY;
  4. CUSTOMER HAS ONLY TRANSMITTED ACCEPTABLE ITEMS FOR DEPOSIT AND HAS HANDLED THE ORIGINAL ITEMS FOLLOWING TRANSMISSION TO FIRST NATIONAL BANK OF NORTH ARKANSAS AS AGREED TO OR DIRECTED BY FIRST NATIONAL BANK OF NORTH ARKANSAS AND IN ACCORDANCE WITH APPLICABLE LAW;
  5. CUSTOMER IS A PERSON AUTHORIZED TO ENFORCE EACH ITEM OR IS AUTHORIZED TO OBTAIN PAYMENT OF EACH ITEM ON BEHALF OF A PERSON ENTITLED TO ENFORCE AN ITEM;
  6. THE ITEMS HAVE NOT BEEN ALTERED;
  7. EACH ITEM BEARS ALL APPLICABLE ENDORSEMENTS IN A RESTRICTED FORMAT AS DIRECTED BY FIRST NATIONAL BANK OF NORTH ARKANSAS;
  8. ALL THE WARRANTIES SET FORTH IN AND SUBJECT TO THE TERMS OF 4-207 OF THE UNIFORM COMMERCIAL CODE AS ADOPTED IN THE STATE OF TEXAS, AND AS MAY BE MODIFIED FROM TIME TO TIME, AS WELL AS ANY OTHER APPLICABLE SECTION THEREOF;
  9. THE ELECTRONIC IMAGE PORTION OF EACH ITEM ACCURATELY AND LEGIBLY REPRESENTS ALL OF THE INFORMATION ON THE FRONT AND BACK OF THE ORIGINAL CHECK AS OF THE TIME THE ORIGINAL CHECK WAS TRUNCATED, (2) THE INFORMATION PORTION OF THE ITEM CONTAINS A RECORD OF ALL APPLICABLE MICR-LINE INFORMATION REQUIRED FOR A SUBSTITUTE CHECK, AND (3) THE ITEM CONFORMS TO THE TECHNICAL STANDARDS FOR AN ELECTRONIC ITEM AS SPECIFIED BY FIRST NATIONAL BANK OF NORTH ARKANSAS FROM TIME TO TIME;
  10. CUSTOMER WILL SUBMIT ONLY ONE ACCURATE AND CLEAR IMAGE OF THE FRONT AND BACK OF EACH ITEM TO FIRST NATIONAL BANK OF NORTH ARKANSAS ONLY ONE TIME;
  11. CUSTOMER WILL NOT DEPOSIT THE ORIGINAL ITEM AND NO PERSON WILL RECEIVE A TRANSFER, PRESENTMENT, OR RETURN OF, OR OTHERWISE BE CHARGED FOR, THE ITEM (EITHER THE ORIGINAL ITEM, OR A PAPER OR ELECTRONIC REPRESENTATION OF THE ORIGINAL ITEM) SUCH THAT THE PERSON WILL BE ASKED TO MAKE PAYMENT BASED ON AN ITEM IT HAS ALREADY PAID;
  12. THE AMOUNT OF AN ITEM, AND SUCH OTHER INFORMATION CONTAINED IN SUCH ITEM WHICH IS ACCURATE AND COMPLETE. CUSTOMER AGREES THAT THESE REPRESENTATIONS AND WARRANTIES SHALL BE TRUE AND CORRECT AS OF THE DATE OF EACH ITEM AND THAT THE SUBMISSION OF EACH ITEM TO FIRST NATIONAL BANK OF NORTH ARKANSAS FOR PROCESSING SHALL BE AN ACKNOWLEDGMENT OF EACH SUCH REPRESENTATION AND WARRANTY AS OF THAT DATE.

Cooperation with Investigations. You agree to cooperate with First National Bank of North Arkansas 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 Services in your possession and your records relating to such items and transmissions.

Termination.First National Bank of North Arkansas may terminate this Agreement at any time and for any reason. This Agreement shall remain in full force and effect unless and until it is terminated by First National Bank of North Arkansas. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use the Services for any unauthorized or illegal purposes or you use the Services in a manner inconsistent with the terms of your Deposit Agreement or any other agreement with First National Bank of North Arkansas.

Enforceability.First National Bank of North Arkansas may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect First National Bank of North Arkansas’s rights with respect to any other transaction or modify the terms of this Agreement.

Severability. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.

Ownership & License. You agree that First National Bank of North Arkansas retains all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates Customer's right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services

  1. in any anti-competitive manner,
  2. for any purpose which would be contrary to First National Bank of North Arkansas’s business interests, or
  3. to First National Bank of North Arkansas’s actual or potential economic disadvantage in any aspect.

You may use the Services only in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.

Security Procedures and Communications.Certain procedures, including the use of identification codes, encryption, passwords, logon identifications, personal or location identification numbers, repetitive codes, tokens and other security devices, systems and software (the "Security Procedures"), designed to verify the origination (but not errors in transmission or content) of instructions, orders and other communications (each, a "Communication") sent between Customer and First National Bank of North Arkansas may be used in connection with the Services. Customer agrees that any such mutually agreed-upon Security Procedures shall be deemed commercially reasonable. First National Bank of North Arkansas shall not be obligated to act on a Communication not transmitted in accordance with the Security Procedures and may refuse to act on any Communication where First National Bank of North Arkansas reasonably doubts its authorization, authenticity, contents, origination or compliance with the Security Procedures. First National Bank of North Arkansas shall have no duty to discover, and shall not be liable for, errors or omissions by Customer. If First National Bank of North Arkansas complies with the Security Procedures in respect of a Communication, First National Bank of North Arkansas shall be entitled to act on that Communication and shall not be obligated to verify the content of such Communication, establish the identity of the person giving it, or await any confirmation thereof, and First National Bank of North Arkansas shall not be liable for acting on, and Customer shall be bound by, any Communication sent in the name of Customer, whether or not authorized. Whenever the Security Procedures include the assigning to Customer of any confidential password, logon identification, identification code, personal or location identification number, repetitive code, token or similar security device, Customer shall not disclose such security device except to employees or agents authorized to act for Customer in connection with Services. Customer shall implement such safeguards as are reasonably necessary to ensure the confidentiality and integrity of such security devices, and shall immediately notify First National Bank of North Arkansas if the confidentiality or integrity of any such security device is breached or threatened. Customer shall be solely responsible for the safekeeping of such security devices and assumes all risk of accidental disclosure or inadvertent use of such security devices by any party whatsoever, whether such disclosure or use is on account of Customer’s negligence or deliberate acts or otherwise. First National Bank of North Arkansas shall not be liable for any loss or damage resulting from fraudulent, unauthorized or otherwise improper use of any security devices.

DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF THE 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. FIRST NATIONAL BANK OF NORTH ARKANSAS DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FIRST NATIONAL BANK OF NORTH ARKANSAS MAKES NO WARRANTY THAT THE SERVICES

  1. WILL MEET CUSTOMER’S REQUIREMENTS,
  2. WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
  3. THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND
  4. ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.

INDEMNIFICATION. IN ADDITION TO ITS INDEMNIFICATION OBLIGATIONS IN THIS AGREEMENT, AND EXCEPT FOR LOSSES OR EXPENSES ATTRIBUTABLE TO FIRST NATIONAL BANK OF NORTH ARKANSAS'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, DEPOSITOR AGREES TO INDEMNIFY FIRST NATIONAL BANK OF NORTH ARKANSAS FOR ANY LOSS OR EXPENSE SUSTAINED (INCLUDING INTEREST, COSTS, ATTORNEYS’ FEES AND EXPENSES OF LITIGATION) RESULTING FROM

  1. CUSTOMER'S LACK OF AUTHORITY TO MAKE THE REPRESENTATIONS AND WARRANTIES CONTAINED HEREIN;
  2. ANY ACTION TAKEN OR NOT TAKEN BY FIRST NATIONAL BANK OF NORTH ARKANSAS WITHIN THE SCOPE OF ITS AUTHORITY IN HANDLING AN ITEM;
  3. ANY WARRANTY REQUIRED TO BE MADE BY FIRST NATIONAL BANK OF NORTH ARKANSAS WITH RESPECT TO AN ITEM UNDER APPLICABLE LAW OR REGULATION; AND
  4. YOUR BREACH OF ANY TERMS AND CONDITIONS OF THIS AGREEMENT.

LIMITATION OF LIABILITY. YOU AGREE THAT FIRST NATIONAL BANK OF NORTH ARKANSAS 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 USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF FIRST NATIONAL BANK OF NORTH ARKANSAS HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT WILL FIRST NATIONAL BANK OF NORTH ARKANSAS’S LIABILITY UNDER THIS AGREEMENT FOR ANY DAMAGES OF ANY KIND EXCEED AN AMOUNT EQUAL TO THE AMOUNT OF ITEMS RECEIVED BY FIRST NATIONAL BANK OF NORTH ARKANSAS FROM DEPOSITOR FOR MOBILE DEPOSIT SERVICES DURING THE MONTH PRECEDING THE DATE ON WHICH THE CLAIM FIRST ACCRUED. DEPOSITOR AGREES THAT THE DOLLAR LIMITATION DESCRIBED IN THIS SECTION IS REASONABLE, EVEN IF ITS ACTUAL DAMAGES EXCEED THIS LIMITATION.

Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas.

Assignment. First National Bank of North Arkansas may assign this Agreement or delegate any of its responsibilities hereunder to a third party without notice to or consent from you. You may not assign this Agreement or delegate any of your responsibilities hereunder to a third party without First National Bank of North Arkansas’s prior written consent, which consent may be withheld, conditioned or delayed in the sole and absolute discretion of First National Bank of North Arkansas.

FORCE MAJEURE. IN NO EVENT SHALL FIRST NATIONAL BANK OF NORTH ARKANSAS BE LIABLE FOR DELAYS WHICH HAPPEN FOR REASONS BEYOND ITS CONTROL, INCLUDING WITHOUT LIMITATION, ACTS OF CIVIL, MILITARY, OR BANKING AUTHORITIES, NATIONAL EMERGENCIES, RIOTS, WEATHER, UNAVOIDABLE DIFFICULTIES WITH EQUIPMENT, THE UNAVAILABIILTY OF THE INTERNET, ANY ERRORS IN INFORMATION PROVIDED, ANY DIFFICULTIES CAUSED BY AN INTERNET OR OTHER SERVICE PROVIDER OR ANY HARDWARE OR SOFTWARE FAILURE, WHETHER CAUSED BY A VIRUS OR OTHERWISE.

Entire Agreement. This Agreement constitutes the entire agreement between you and First National Bank of North Arkansas regarding the subject matter herein and supersedes existing agreements and all other related communications, written or oral, regarding the subject matter herein.


 

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