This agreement is entered into by and between Northwest Bank ("Bank," "we," "our," or "us") and the Customer ("Customer," "you," or "your"). All other agreements you have entered into with the Bank including the Master Services Agreement, Online Banking Agreement, and all associated Terms and Conditions governing your accounts are incorporated, supplemented, and made part of this agreement. This agreement outlines the terms by which the Bank enables you to use the Mobile Check Deposit service. In the event of a conflict between this Agreement and an active Master Services Agreement, this Agreement shall control.
Northwest Bank’s Mobile Check Deposit capture service ("Services") is designed to allow you to make deposits to your checking, savings, or money market savings accounts from the Bank Mobile Banking App by scanning checks and delivering the images and associated deposit information to the Bank or the Bank’s designated processor. There is currently no charge for the Service. By using the Service, you and any joint owners or authorized users, jointly and severally, agree to the terms and conditions in this Agreement and current Terms and Conditions of the Service. Current Terms and Conditions are located on the Northwest Bank web site at https://www.northwest-bank.com/disclosures. The Mobile Check Deposit service is subject to the following terms and conditions and to the instructions, rules, and amended terms provided to you via the above referenced disclosures link on our web site.
2. Acceptance of this Agreement
The Bank reserves the right to change the Agreement under which the Services are offered in its sole discretion at any time; however, Bank will notify you of any material change to the Agreement. Bank reserves the right to notify you by conventional mail, Statement message, or online banking alert at its discretion. You can review, download and print the most current version of this Agreement at any time by clicking on the disclosures link on our web page. If you do not agree to the changes, current Terms and Conditions, or if at any time you wish to discontinue your use of the Service, you can unsubscribe by contacting customer service at any of the telephone numbers or addresses listed at:
3. Limitations of Service
When using the Service, you may experience technical or other difficulties. We will attempt to post alerts on our website or otherwise notify you of these interruptions in Service. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. This Service may have qualification and system requirements, and we reserve the right to change the qualifications or system requirements at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Service, in whole or in part, immediately and at any time without prior notice to you.
We will determine whether you are eligible for Services in our sole discretion. We may suspend or terminate your use of the Service at any time and without prior notice to you. If you violate the terms of the Service, we may use such actions as a basis to terminate your account relationship with us.
5. Use of Service
You also accept responsibility for using the Service properly. You are responsible for understanding the proper use of your mobile device. In the event we change or upgrade the Service, you are responsible for upgrading the mobile application. We will not be liable to you for any losses caused by your failure to properly use the Service or your mobile device.
6. Hardware and Software
To use the Service, you must have a supported mobile device, such as a smartphone, tablet, or similar device, with a camera, supported operating system, and internet access for your mobile device. You must also download and install the Bank mobile banking application from your phone app store. We do not guaranty that your particular mobile device, mobile device camera, mobile device operating system, or mobile carrier will be compatible with the Service. It is your responsibility to ensure your device is secure, and you have appropriately protected the privacy of your password credentials from unauthorized misuse. In addition, you agree that you will not (i) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble, or decompile the remote deposit technology or Service, (ii) copy or reproduce all or any part of the remote deposit technology or Service, or (iii) interfere or attempt to interfere with the technology or Service.
7. Eligible items
You agree to only scan and deposit eligible checks (“item” or “items”) as that term is defined in Federal Reserve Regulation CC ("Reg CC").
You agree that you will not use the Service to scan and deposit any checks or other items as shown below:
- Checks or items payable to any person or entity other than you.
- Checks or items containing obvious alteration to any of the fields 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 or item is drawn.
- Checks or items previously converted to a substitute check, as defined in Reg CC.
- Any check that has already been deposited either as an original or as a substitute check at any institution including ours.
- Checks or items drawn on a financial institution located outside the United States.
- Checks or items that are remotely created checks, as defined in Reg CC.
- Checks or items not payable in United States currency.
- Traveler's checks or savings bonds
- Checks or items dated more than 6 months prior to the date of deposit.
- Checks drawn on your own account with the Bank.
- Checks that are marked as "non-negotiable"
- Any check that has previously been deposited and returned.
- Any check that bears a qualified or conditional endorsement (note that checks may be deposited with the restrictive endorsement as described in Section 12, Endorsement Requirements, of this agreement).
- Checks or items prohibited by the Bank’s current procedures relating to the Services or which are otherwise not acceptable under the terms of your Bank account.
In addition, you warrant:
- You will comply with all federal and state laws, and rules and regulations applicable to deposit and check transactions, including those of the National Automated Clearing House for ACH transactions.
- You will only transmit eligible items.
- that all checks deposited through the Service are made payable to you.
- that all signatures on each check are authentic and authorized, and
- that each check has not been altered.
In the event that you or any third party makes or attempts to make a deposit in violation of this subsection, you agree to defend, indemnify, and hold harmless Bank and its agents from and against all liability, damage, and loss arising out of any claims, suits, or demands brought by third parties with respect to any such Substitute Check or original check suit that constitutes a breach of warranty claim under the provisions of the Uniform Commercial Code. You agree that the aggregate amount of any items that are deposited more than once will be debited from your account and, to the extent funds in your account are insufficient to cover such amount, any balance shall be debited by Bank from any other deposit accounts with Bank in its sole discretion. You further acknowledge that you, and not the Bank, are responsible for the processing and handling of any checks imaged and deposited utilizing the Service and you assume all liability to the drawer of the check.
8. Receipt of Items
We reserve the right to reject any item transmitted through the Service, at our discretion, without liability. We are not responsible for items we do not receive or for images that are dropped during transmission. A check deposit will be deemed complete when you receive account credit. It is your responsibility to verify correct deposits were made to your account in a timely manner. 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 the Bank is not liable for any loss, costs or fees you may incur as a result of our chargeback of an ineligible check.
9. Funds Availability
You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. In general, deposit items received using the Service before 4pm PST will be considered deposited that Business Day. Deposit items received after 4pm PST will be considered deposited the next Business Day. Funds deposited may not be available for immediate withdrawal, based on the Bank's current Funds Availability Policy.
10. Deposit Limits
There are limits on the amount of any single item you may deposit using the Mobile Check Deposit service and limits on the total dollar amount you may deposit in one day using the Mobile Check Deposit service. Our default daily limit is $5000 per item, or in aggregate per day. Contact customer service for temporary or permanent limit exception approvals.
11. Image Quality
The image of a check or item transmitted to the Bank using the Service must be legible. The image quality of the checks and items must comply with the standards established from time to time by the Bank, American National Standards Institute (ANSI), and the Federal Reserve Board of Governors or any other regulatory agency, clearinghouse or association. You agree that we shall not be liable for any damages resulting from poor image quality, including those related to rejection of or the delayed or improper crediting of a check or item, or from any inaccurate information you supply regarding the check or item.
12. Endorsement Requirements
You agree to restrictively endorse any item transmitted through the Service as "Northwest Bank Mobile Deposit Only, account #______" or as otherwise instructed by the Bank or the Service application. If you fail to provide this endorsement, we may refuse the deposit and return it to you and you agree to indemnify the Bank from any liability or loss to the Bank arising from the payment of the original paper check without such required endorsement. You agree to follow any and all other procedures and instructions for use of the Service as the Bank may establish from time to time.
13. Check Retention and Destruction
Once your check image has been credited to your account, you must mark the original check by writing mobile check deposit on the front with the date and retain the check for ninety (90) days. You may not present the original check or any image or substitute check created from the original check for payment at any other financial institution. During this 90-day period, you must store the original paper check securely and you must make the original paper check available to us for review at any time and as necessary for us to facilitate the clearing and collection process, to address third party claims, or for our own audit purposes. Should you fail to produce the original paper check, you authorize us to deduct the amount of the check in question from your account, regardless of whether such action may cause your account to not have sufficient funds, and to pay any associated fees. Immediately after this 90-day period, you must destroy the original paper check.
Customer must report any error or discrepancy reflected in an account statement prepared by Bank report a breach of a security procedure. You agree to notify the Bank of any suspected errors regarding items deposited through the Service right away, and in no event later than 60 days after the applicable account statement is sent. Unless you notify the Bank within 60 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against the Bank for such alleged error. Failure to report a breach of security procedure will result in termination of the Service.
Either party may terminate this Agreement at any time by notifying the other party. Notwithstanding any such notice of termination, this Agreement shall remain effective with respect to any transaction occurring prior to such termination.
You agree to be liable to the Bank for any liability, loss, or expense as provided in this Agreement that the Bank incurs as a result of any dispute involving your accounts or services. You authorize the Bank to deduct any such liability, loss, or expense from your account without prior notice to you. This Agreement shall be governed by and construed under the laws of Idaho as applied to contracts entered into solely between residents of, and to be performed entirely in, such state. In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled to payment by the other party of its reasonable attorney fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable. Should any one or more provisions of this Agreement be determined illegal or unenforceable in any relevant jurisdiction, then such provision may be modified by the proper court, if possible, but only to the extent necessary to make the provision enforceable and such modification shall not affect any other provision of this Agreement.
17. Ownership and License
You agree that the Bank retains all ownership and proprietary rights to the Service, associated content, technology, and application. Your use of the Service 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. Without limiting the restriction of the foregoing, you may not use the Service (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to the Bank’s business interest, or (iii) to the Bank’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. This provision shall survive this Agreement.
18. Account Ownership/Accurate Information
You represent that you are the legal owner of the accounts and other financial information that may be accessed via the Service. You represent and agree that all information you provide to us in connection with the Service is accurate, current, and complete and that you have the right to provide this information to us for the purpose of using the Service. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate through our online banking service.
19. User Conduct
You agree not to use the Service in any way that would (a) infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, (b) be fraudulent or involve the sale of counterfeit or stolen items, including without limitation use of the Service to impersonate another person or entity, (c) violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising), (d) be false, misleading, or inaccurate, (e) create liability for us or our affiliates or service providers or cause us to lose (in whole or in part) the services of any of our service providers, (f) be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing, (g) potentially be perceived as illegal, offensive, or objectionable, (h) interfere with or disrupt computer networks connected to the Service, (i) interfere with or disrupt the use of the Service by any other user, or (k) use the Service in such a manner as to gain unauthorized entry or access to the computer systems or account information of others.
20. No Commercial Use or Re-Sale
You agree that the Service is only for individual use of the named customer. You agree not to resell or make commercial use of the Service.
21. User Warranties
You warrant to the Bank that all information you provide to the Bank is accurate and true. You will comply with this Agreement and all applicable rules, laws and regulations. You agree to indemnify and hold harmless the Bank from any loss for breach of this warranty provision.
22. Security of Your Mobile Device and Account Information.
You are responsible for (a) maintaining the confidentiality and security of your mobile device, access number, password, security questions and answers, account numbers, login information, and any other security or access information used by you to access the Service (collectively "Access Information") and (b) preventing unauthorized access to or use of the information, files, or data that you store, transmit, or use in or with the Service. You agree not to supply your Access Information to anyone. You will be responsible for all electronic communications, including image transmissions, email, and other data ("Communications") entered using the Access Information. Any Communications 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 device. We reserve the right to deny you access to the Service (or any part thereof) if we believe that any loss, theft, or unauthorized use of Access Information has occurred.
23. Disclaimer of Warranties
CUSTOMER ACKNOWLEDGES THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE BANK IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN OR TO ANY INFORMATION RESULTING FROM YOUR USE OF THE SERVICE. THE BANK MAKES NO WARRANTY AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE INCLUDING THE WARRANTY OF TITLE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE BANK DISCLAIMS ANY WARRANTIES REGARDING THE OPERATION, PERFORMANCE, OR FUNCTIONALITY OF THE SERVICE (INCLUDING WITHOUT LIMITATION THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE). CUSTOMER FURTHER ACKNOWLEDGES THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERRORS, AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR TELECOMMUNICATION LINES OR CIRCUITS. CUSTOMER HEREBY ASSUMES ALL RISKS RELATING TO THE FOREGOING.
24. Limitation of Liability
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 USE OF, 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 THE BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.