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This Mobile Banking and Mobile Deposit Capture Terms and Conditions (“Agreement”) contains the terms and conditions for the use of Montgomery Bank, (“the Bank”, “Financial Institution”, “we” or “us”) Mobile Banking (“Services”) and Mobile Deposit Capture service (“Software”).  Other agreements you (“you”, “your” or “Customer”) have entered into with the Bank, including but not limited to the Online Banking Terms and Conditions, governing your use of Online Banking, Bill Pay and your applicable deposit account agreement(s), are incorporated by reference and made a part of this Agreement, as added or amended from time to time.

By participating in the Services and using the Software, you are agreeing to the terms and conditions listed herein.  In its discretion, the Bank may modify these Terms and Conditions at any time.

Services – Mobile Banking and Mobile Deposit Capture allows you to view balances and activity, transfer funds between accounts, pay bills and make deposits by converting checks into an image, hereinafter sometimes referred to as checks or images, to certain checking, savings or money market accounts from your mobile device(s) by photographing checks and transmitting the images and associated deposit information to the Bank or its designated processor via an application (“App”) you installed on your supported mobile device or over the Short Message Service (“SMS”). Enrollment requires identification of your banking relationship with us, as well as providing a mobile phone number. The mobile phone number's verification is done by receiving an SMS message with a verification code which you will have to enter on the website. This program will be ongoing. Standard messaging and data charges apply.  Customers will be allowed to opt out of this program at any time.

To stop the messages from coming to your phone, you can opt out of the messaging program via SMS. Just send a text that says "STOP" to this number: 99588. You'll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.

Security of Your Mobile Device – You are responsible for maintaining the confidentiality and security of your mobile device, access identification, passwords, security questions and answers, account numbers and any other information used by you to access the Services (collectively, “Access Information”) and preventing unauthorized access to or use of the access information, files or data that you store, transmit or use in or with the Service (collectively, “Account Information”).  You agree to not share your Access Information with anyone.  You will be responsible for all electronic communication, including image transmission, email or other data entered using the Access Information.  Any communication received through the use of the Access Information will be deemed to be sent or authorized by you.  You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Access Information, including your Mobile Devices.  We reserve the right to deny you access to the Service or Software, or any part thereof, if we believe that any loss, theft, abuse or unauthorized use of Access Information has occurred.

Acceptance of these Terms – The service is made available to Montgomery Bank customers at the sole discretion of the Bank and may not be available to all Montgomery Bank customers.  Your use of the Service constitutes your acceptance of this agreement.  This Agreement is subject to change at any time.  We will notify you of any changes via e-mail, text message, on our website, or by an online secure message.  Notice of change is effective when sent or posted by the Bank.  Your continued use of the Service will indicate your consent to be bound by the revised Agreement.  The Bank, in its sole discretion, reserves the right to change, modify, add or remove portions of the Service or Software.  Your continued use of the Service and/or Software will indicate your acceptance of any changes.

Limitations of Service – When using the Service or Software, you may experience technical or other difficulties.  We do not assume responsibility for any technical or other difficulties or any resulting damages that you may incur.  The Service and Software has qualification requirements, and we reserve the right to change the qualifications at any time without prior notice.  We reserve the right to change, suspend or discontinue the Service or Software in whole or in part or your use of the Service or Software in whole or in part, immediately and at any time without prior notice to you.  We reserve the right to limit the number of mobile devices through which you may access the Service or Software.

Hardware and Software – In order to use the Service and Software, you must obtain and maintain, at your expense, compatible hardware and software as specified by the Bank.  Montgomery Bank is not responsible for any third party software you may need to use the Services or Software.   Any 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.

Eligible Items – You agree to scan and deposit only negotiable demand drafts drawn or payable through an office of a depository institution located in the United States.  When the image of the check you transmit to the Bank is converted to an Image Replacement Document for presentment and collection, the image 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 check or other items which shall be considered ineligible items:

  • Traveler’s checks;
  • Credit Card Advance checks;
  • Savings Bonds;
  • Checks or items on which a stop payment order has been issued or for which there are insufficient funds;
  • Checks with improper or missing endorsement;
  • Checks payable to any person or entity other than the person or entity that owns the account that the checks are being deposited into;
  • Checks or items containing an alteration on the front, 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 or item is drawn;
  • Checks payable jointly, unless deposited into an account in the name of all payees;
  • Checks previously converted to a substitute check, as defined in Regulation CC;
  • Checks that are remotely created checks, as defined in Regulation CC;
  • Checks drawn on an institution located outside of the United States;
  • Checks not payable in United States currency;
  • Checks dated more than 6 months prior to the date of deposit;
  • Checks or items which are otherwise prohibited or not acceptable under the terms of your deposit account agreement;
  • Checks payable on sight or payable through Drafts, as defined in Regulation CC; and
  • Checks that have previously been submitted through the Service or Software or through a remote deposit capture service offered at any other financial institution;

    Nothing in this agreement shall be construed as requiring the Bank to accept any check or item for deposit, even if the Bank has accepted that type of check previously.  Nor shall the Bank be required to identify or reject any check that you may scan and deposit that fail to meet the requirements of this Agreement. 

    Image Quality – The image of an item transmitted to the Bank using the Service or Software must be legible and contain images of the front and back of the item.  The image quality of the items must comply with the requirements established from time to time by the American National Standards Institute (“ANSI”), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.  These requirements include, but are not limited to, ensuring the following information can clearly be read and understood by sight review of the image:  the amount of the item (both written and numeric); the payee; the signature of the drawer (maker); the date; the check/item number; the information identifying the drawer and the paying financial institution that is preprinted on the item including the MICR line; and all other information placed on the item prior to the time of an image of the item is captured (such as any required identification written on the front of the item and any endorsements applied to the back of the item).

    Endorsements and Procedures – You agree to endorse any check transmitted through the Service or Software as “For Deposit Only” then the signature of the name(s) on the Payable to line from the front of the item or as otherwise instructed by the Bank.  You agree to follow any and all other procedures and instructions for use of the Service or Software as the Bank may establish from time to time. 

    Receipt of Items – We reserve the right to reject any check transmitted through the Service or Software, at our discretion, without liability to you.  We are not responsible for checks we do not receive or for images that are dropped or damaged during transmission.  An image of a check shall be deemed received by the Bank when you receive a confirmation from the Bank that we have received the image.  Your receipt of such confirmation does not mean that transmission was error free, able to be processed, complete or will be considered a deposit and credited to your account.  We further reserve the right to charge back to your account at any time; any item that we subsequently determine was not an eligible item.  You agree that Montgomery Bank is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item. 

    Availability of Funds – You agree that checks transmitted using the Service or Software are not subject to the funds availability requirements of Federal Reserve Board Regulation CC.  You also agree checks transmitted using the Service or Software are not subject to the dispute resolution process or requirements established under the Electronic Funds Transfer Act or its implementing regulation, Regulation E.  In general, if an image of a check you transmit through the Service or Software is received and accepted by the Bank before 4:00 PM Central Time on a business day that we are open, we consider that day to be the day of your deposit.  Otherwise, we will consider the deposit made on the next business day we are open.  Funds deposited using the Service or Software will generally be made available in two business days from the day of deposit.  Montgomery Bank may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information and such other factor as the Bank, in its sole discretion, deems relevant.  However, if we make funds available sooner than two business days on a deposit, any subsequent deposit will still be subject to the funds availability guidelines in effect for mobile deposit capture. 

    Disposal of Transmitted Items – After you receive confirmation that we have received an image, you must securely store the original item for 15 days after the transmission to us.  You agree to make the original item available to us at our request, if requested.  You will deliver to us within two business days, at your expense, the requested item.  If not provided in a timely manner, such amount may be reversed from your account.  After 15 calendar days, you agree to destroy the original check that you transmitted as an image by first marking it “Void” and then rendering it incapable of further transmission, deposit, or presentment by destroying it by cross-cut shredding or another acceptable means of destruction.  You agree that you will never re-present the original item.  You understand and agree that you are responsible if anyone is asked to make a payment based on an original item that has already been paid. 

    Deposit Limits – We reserve the right to impose limits on the amount(s) and /or number of deposits that you transmit using the Service or Software and to modify such limits from time to time.  If you attempt to make 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 the Agreement and will not be obligated to allow such a deposit at any other time.

    Presentments – The manner in which checks and items are cleared, presented for payment, and collected shall be in the Bank’s sole discretion.  Once you have used the Service or Software to deposit an item you agree not to present, or allow anyone else to present, that original item or a substitute item of that original item again for deposit through the Service, Software or by any other means.  If you or anyone else presents an item more than once, in violation of this Agreement, you agree to indemnify, defend and hold Montgomery Bank harmless from and against all liability and damages that may result from any claims, suits or demands from third parties with respect to such item.  You agree that we may debit from your account(s) with Montgomery Bank the aggregate amount of any items that you deposit 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 of your account(s) with the Bank, in our sole discretion. 

    Errors – Montgomery Bank will provide you with periodic statements that will identify the deposits that you make through the Service or Software.  In addition, you may access the Bank’s Online Banking service for information about your accounts.  You agree that it is your responsibility to review all such information that the Bank makes available to you in a timely manner to verify deposits made through the Service or Software have been received and accepted by the Bank and are accurate.  Receipt of an item by the Bank through the Service or Software does not constitute an acknowledgement by the Bank that the check is error-free or that we will be liable for the item.  You agree to notify us promptly of any errors, omissions, or discrepancies in a deposit within the time periods established in your deposit account agreement or term and conditions.  You may notify us in writing to:  Montgomery Bank N.A., P.O. Box 948, Sikeston, Missouri, 63801 or telephoning us at 800-455-2275.  You agree to cooperate in any investigation by the Bank of any unsuccessful or lost transmission.  Subject to applicable law, any failure by you to notify the Bank of any error, omission or other discrepancy in accordance with this Agreement and your deposit account agreement shall relieve Montgomery Bank of any liability for such error, omission or discrepancy.

    Errors in Transmission – By using the Service or Software, you accept the risk that an item may be intercepted or misdirected during transmission.  Montgomery Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors. 

    DISCLAIMER OF WARRANTIES – YOU AGREE YOUR USE OF THE SERVICE 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 SERVICES AND SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  WE MAKE NO WARRANTY THAT THE SERVICES OR SOFTWARE (i) WILL MEET YOUR REQUIREMENTS; (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE OR SOFTWARE WILL BE ACCURATE OR RELIABLE; AND (iv) ANY ERRORS IN THE SERVICES, SOFTWARE OR TECHNOLOGY WILL BE CORRECTED. 

    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 OR PROFITS, GOODWILL, USE, DATA, OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR SOFTWARE 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 THE SERVICE OR SOFTWARE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF THE BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.

    Customer Warranties and Indemnification – You warrant to Montgomery Bank that, in accordance with this Agreement:

  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, re-deposit or re-present the original item or check to Montgomery Bank or any other party;
  5. All information you provide to Montgomery Bank is complete, accurate and true;
  6. You will comply with this Agreement and all applicable law, rules and regulations; and
  7. You are not aware of any factor which may impair the collectability of any check paid by the Bank via the Service or Software.

    You agree to indemnify and hold harmless Montgomery Bank from any loss or expense (including attorney’s fees and expenses of litigation) resulting from:

  • Your breach of any of the representations or warranties made by you in this Agreement; and
  • Any claim pertaining to any warranty or indemnity we make with respect to an item or check under Check 21, Reg. CC, Reg. J and all other laws, rules, regulations and industry and clearing house rules applicable to checks and items.

Use of Geo-location – When you are submitting an image for processing through the Service or Software, we reserve the right to, at our discretion, use your mobile device’s capabilities to obtain your geo-location for fraud prevention services.  We may choose to capture either your current location or the last location stored on your mobile device.

Fees – A fee may be charged for the Service or Software.  You are responsible for paying the fees for the use of the Service.  Any fee that is charged will be disclosed prior to your use of the Service.  Montgomery Bank may change the fee for the use of the Service or Software at any time pursuant to the section titled “Acceptance of these Terms” above.  You authorize the Bank to deduct any such fees from any Montgomery Bank account in which you have ownership.

Termination – We 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 us.  Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use the Service or Software for any unauthorized or illegal purpose or you use the Service or Software in a manner inconsistent with the terms of your deposit account agreement or any other agreement with us.

 

Enforceability – We may waive enforcement of any provision of this Agreement.  No waiver of a breach of the Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement.  Any such waiver shall not affect our rights with respect to any other transaction or modification of the terms of the Agreement.  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 and License – You agree that Montgomery Bank retains all ownership and proprietary rights in the Service, Software, associated content, technology and website.  Your use of the Service and Software 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 your right to use the Service or Software.  Without limiting the restrictions of the foregoing, you may not use the Service or Software for any purpose which would be contrary to the Bank’s best interest or to the Bank’s actual or potential economic disadvantage in any aspect.  You may use the Service or Software only for use in accordance with this Agreement.

 

Restrictions on Use – You agree not to use the Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Services and Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by the Bank, in its sole discretion, that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of the Bank or any third-party service provider involved in the provision of the Services or Software; or (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose the Bank, any third-party service provider involved in providing the Service or Software, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (i) access any Software or Services for which your use has not been authorized; or (ii) use or attempt to use a third party’s account; or (iii) interfere in any manner the provision of the Services or Software, the security of the Services or Software, or other customers of the Services or Software, or otherwise abuse the Services or Software.

 

Privacy and User Information – You acknowledge that in connection with your use of the Services and Software, Montgomery Bank and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services or Software (collectively “User Information”). The Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and Software and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Bank and its affiliates and service providers also reserve the right to monitor use of the Services and Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.

Contact Information – If you experience any problems or have any questions about the Service or Software, you may contact us at 1-800-455-2275.  You can email us at CustomerService@MontgomeryBank.com or send a text message with the word "HELP" to number 99588.

 

In the event of any unforeseen issues or failure of the Service or Software, your deposit can be made in person at one of our branch locations, in any Montgomery Bank, N.A. ATM that accepts deposits using an ATM or Debit Card, or by mailing your deposit to:

 

Montgomery Bank

P.O. Box 948

Sikeston, Missouri  63801

 

Branch locations and contact information may also be found on our website:  www.montgomerybank.com