Fleetwood Bank Mobile Deposit Terms & Conditions

Fleetwood Bank Mobile Deposit User Agreement (“Agreement”):

This Agreement contains the terms and conditions for the use of Fleetwood Bank Mobile Deposit. Other agreements you have entered into with Fleetwood Bank, including the Depository Agreement and Disclosures governing your Fleetwood Bank account, are incorporated by reference and made a part of this Agreement.

1. Product. The FLEETWOOD BANK Mobile Deposit product (“FLEETWOOD BANK Mobile Deposit” or “Product”) is designed to allow you to make deposits to your checking, savings, or money market accounts from your mobile phone by taking a picture of the front and back of the check and delivering the images and associated deposit information to Fleetwood Bank or Fleetwood Bank’s designated processor.  

2. Acceptance of these Terms. Your use of the Product constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via postal mail, e-mail, or on our website by providing a link to the revised Agreement. Your continued use of the Product will indicate your acceptance of the revised Agreement. Further, Fleetwood Bank reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Product. Your continued use of the Product will indicate your acceptance of any such changes to the Product.

3. Limitations of Service. When using the Product, 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. We reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Product, in whole or in part, or your use of the Product, in whole or in part, immediately and at any time without prior notice to you.

4. Eligible items. You agree to deposit only “checks” as defined in Federal Reserve Regulation CC (“Reg CC”). You agree that the image of the check transmitted to Fleetwood Bank shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code. You agree that you will not use the Product to scan and deposit any of the following checks or other items:

1. 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 or 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 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.
   4. Checks or items previously converted to a substitute 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 United States currency.
   8. Checks or items dated more than 6 months prior to the date of deposit.
   9. Checks or items prohibited by Fleetwood Bank’s current procedures relating to the Product or which are otherwise not acceptable under the terms of your Fleetwood Bank account.

5. Image Quality. The image of an item transmitted to Fleetwood Bank using the Product must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.

6. Endorsements and Procedures. Your endorsement must include your signature, and the words “FOR MOBILE DEPOSIT at Fleetwood Bank ONLY” or be endorsed as otherwise instructed by Fleetwood Bank. You agree to follow any and all other procedures and instructions for use of Product as Fleetwood Bank may establish from time to time.

7. Receipt of Items. We reserve the right to reject any item transmitted through the Product, 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 Fleetwood Bank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.

8. Availability of Funds. For determining the availability of your Mobile Deposit, every day is a business day, except Saturdays, Sundays, and federal and state holidays. Deposits made through our FLEETWOOD BANK Mobile Deposit service are not considered electronic direct deposits for purposes of funds availability. Deposits made through FLEETWOOD BANK Mobile Deposit are considered to be made in Fleetwood, Pennsylvania with a 4:00 P.M. Eastern cut-off time. Any deposit made through FLEETWOOD BANK Mobile Deposit received and confirmed before 4:00 P.M. Eastern cut-off time Monday through Friday will be deposited to your account the same day. Deposits made through FLEETWOOD BANK Mobile Deposit which are initiated after the 4:00 P.M. Eastern cut-off time and any such deposits initiated on Saturday, Sunday, state or federal holidays or days that are not our business days, will be deposited to your account on the following business day. Funds from items deposited through FLEETWOOD BANK Mobile Deposit will generally be available as follows; $225.00 of the deposit will be available same day with the remainder available the next business day.  Deposits are NOT real time and will post to the account several hours after the close of business as long as they are deposited by 4pm. 

9. Disposal of Transmitted Items. Upon your receipt of a confirmation from Fleetwood Bank that we have received the image of an item, you should retain the original item for 7 days. After the 7 day period has ended, you agree to prominently mark the item as “VOID” and to properly dispose of the item to ensure that it is not represented for payment. And, you agree never to represent the item. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to Fleetwood Bank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for Fleetwood Bank’s audit purposes.

10. Deposit Limits.
    1. Consumer Accounts:  $2,500.00 deposit limit per day, 15 checks maximum/$5,000.00 maximum per month.  Over limit deposits will not be processed.
    2. Commercial Accounts:  $5,000.00 deposit limit per day, 30 checks per month, $25,000.00 Maximum per month.  For all checks over these limits, there will be a $1.00 per check charge.

11. Hardware and Software. In order to use the Product, you must obtain and maintain, at your expense, compatible hardware and software as specified by Fleetwood Bank from time to time. Fleetwood Bank is not responsible for any third party software you may need to use the Product. 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.

12. Errors. You agree to notify Fleetwood Bank of any suspected errors regarding items deposited through the Product right away and in no event later than 90 days after the applicable Fleetwood Bank account statement is sent. Unless you notify Fleetwood Bank within 90 days, such statement regarding all deposits made through the Product shall be deemed correct, and you are prohibited from bringing a claim against Fleetwood Bank for such alleged error.

13. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in Fleetwood Bank’s sole discretion subject to the Depository Agreement governing your account.

14. Ownership & License. You agree that Fleetwood Bank retains all ownership and proprietary rights in the Product, associated content, technology, and website(s). Your use of the Product 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 Product. Without limiting the restriction of the foregoing, you may not use the Product (i) in any anti- competitive manner, (ii) for any purpose which would be contrary to Fleetwood Bank’s business interest, or (iii) to Fleetwood 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 Product.

15. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE PRODUCT 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 PRODUCT, 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 PRODUCT (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 THE PRODUCT OR TECHNOLOGY WILL BE CORRECTED.

16. 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 PRODUCT 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 PRODUCT, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF FLEETWOOD BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.

17. User warranties and indemnification. You warrant to Fleetwood Bank 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 represent the original item.
    5. All information you provide to Fleetwood Bank 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 Fleetwood Bank from any loss for breach of this warranty provision.

18. Other terms. You may not assign this Agreement. This Agreement is entered into in Pennsylvania, and shall be governed by the laws of the State of Pennsylvania and of the United States. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.