This
Agreement sets forth the terms and conditions that apply to West Bank’s Remote Deposit Anywhere Service and your use of it. You accept
and agree to be bound by these terms in order to use the Remote Deposit
Anywhere Service and conduct mobile deposits. Other Agreements you have
entered into with West Bank (“we”, “us”, “the Bank”), including your
User Agreement, Mobile Banking Agreement, Deposit Agreement, Online
Agreement and related disclosures and fee schedules are incorporated by
reference and made a part of this Agreement. Further, you are required
to comply with the Mobile Banking User Guide and the Frequently Asked
Questions (FAQ’s) available on the Bank’s website at www.wbonlineportal.com . Failure to comply with any of these terms may result in the
suspension or termination of the Remote Deposit Anywhere Service. These
terms and conditions may be amended, supplemented or changed at any
time.
Service: The Bank’s Remote Deposit Anywhere
Service is designed to allow you to make deposits to your checking or
savings accounts from your camera-enabled mobile device. Capturing check
images and information and delivering the items and associated deposit
information to the Bank or the Bank’s third-party processor via a
wireless connection.
Eligibility Requirements: You must be
enrolled in West Bank’s Internet Banking. You must demonstrate
financial responsibility with all West Bank accounts and have no more
than two returned deposited items within the last 90 days. You must be
at least 18 years of age. If you do not meet these criteria, your
account may be disabled from RDA capabilities without prior notice.
Customer Acknowledgement: The Customer
understands that any action taken pursuant to this Agreement will be
conducted by electronic means that complies with the operating and
security procedures applicable to this service. The Customer affirms
that the Customer’s act described in this Agreement will be attributed
to the Customer and will constitute the duly authorized electronic
signature of the Customer.
Eligible items: Cash and coins are not
accepted through Remote Deposit Anywhere. You may deposit checks only
through RDA; however, the following types are not accepted:
- U.S. Treasury Checks
- Cashier’s Checks
- Money Orders
- Insurance Claim Checks
- Checks that are not payable in US Dollars
- Check that are not drawn on a branch within the US borders
Availability of Funds: For deposits made before 6:00 pm EST, funds will be available the next business day. For deposits made after 6:00 pm EST, funds will be available on the second business day. For new customers during the first 30 days, deposits will be made available on the fifth day after the day of your deposit.
Disposal of Transmitted Items: Place an
indication on the check that you have deposited the item. Verify the
deposit on your monthly statement. Retain and store the item for a
minimum of 60 days in a secure manner. After 60 days of presentment,
shred the item.
Deposit Limits: All items deposited via the
Service are subject to Bank review and/or approval. The deposit limits
set forth for personal customers is 10 items per month totaling $2500.00
per day and $5,000.00 per month. The deposit limit for business
customers is customized and is based on the needs of the business
customer.
Endorsement Requirements: You will be
required to endorse the back of your check with your signature and the
words “For mobile deposit at West Bank” before taking a photo of the
check for deposit using our mobile banking app. Your check may be
rejected without proper endorsement. After you’ve taken the photo of the
check, please remember to mark the box on the back of the check
indicating that the Mobile Deposit was made.
Change in Terms: This Agreement is subject to
change from time to time. We will notify you of any material change,
including fees, via email, text/statement message, or on our website(s).
Your continued use of the Service will indicate your acceptance of the
revised Agreement. Further, the Bank reserves the right, in its sole
discretion, to change, modify, add, or remove portions from the Service.
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 for any unauthorized
or illegal purposes or you use the Service in a manner inconsistent with
other related agreements with us.
Disclaimer of Warranties: You agree that 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 Service, whether express or implied, including, but not
limited to the implied warranties of merchantability, fitness for a
particular purpose and non-infringement. We make no warranty that the
Service (1.) will meet your 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
Service of 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 of profits, goodwill, use, data or other losses
resulting from the use or the inability to use the Service 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 Service, regardless of the
form of action or claim (whether contract, tort, strict liability or
otherwise), even if we have been informed of the possibility thereof.