This Mobile Deposit User Agreement (“Agreement”) contains
the terms and conditions for the use of First Pryority Bank’s Mobile Deposit
services that First Pryority Bank (“bank”, “us”, “our”, or “we”) may provide to
you (“you,” or “User”). Other agreements you have entered into with First
Pryority Bank, as applicable to your First Pryority Bank account(s), are
incorporated by reference and made a part of this Agreement, including the
Online Banking Agreement.
First Pryority Bank’s Mobile Deposit
services (“Services) are designed to allow you to make deposits to your
checking, savings, or money market savings accounts from home or other remote
locations by capturing the image of a check and delivering the images and
associated deposit information to First Pryority Bank or our designated
2. Acceptance of
these Terms. Your use of the
Services constitutes your acceptance of this Agreement. This Agreement is
subject to change at any time. We will notify you of any material change via
e-mail, secure message, text message, or on our website by providing a link to
the revised Agreement. Your continued use of the Services will indicate your
consent to be bound by the revised Agreement. Further, First Pryority Bank
reserves the right, in 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 changes to the Services.
3. Limitations of Service.
When using the Services, you may
experience technical or other difficulties. We will attempt to notify you of
these interruptions in Service, by posting alerts to our website, by e-mail,
secure message or some other manner. We cannot assume responsibility for any
technical or other difficulties or any resulting damages that you may incur.
Some of the Services have qualification requirements, and we reserve the right
to change the qualifications at any time without prior notice. We reserve the
right to change the qualifications 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 Services, in whole or in part, immediately and at any time
without prior notice to you.
4. Hardware and
Software. To use the Services, you
are responsible for obtaining, installing, maintaining and operating all
software, hardware or other equipment necessary for you to access and use the
Service at your expense. First Pryority
Bank is not responsible for any third party software you may need to use the
Service. 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. Mobile Deposit
will work on iPhone, IPod Touch, iPad and most Android devices.
5. Fees. There is no charge for the Mobile Deposit
Service, but other fees, such as for returned items or overdrafts, may apply.
See our current Schedule of Fees for additional information. We may, upon at
least 30 days prior notice to you, to the extent required by applicable law,
charge a fee for the use of this Service. If you continue to use the Service
after the fee becomes effective, you agree to pay the Service fee the fee
becomes effective, you agree to pay the Service fee that has been disclosed to
you, and may be amended from time to time. If there is a fee, it will be
deducted from the account you use in conjunction with the Service.
6. Eligible Items. You agree to capture and deposit only
“checks” as that term is defined in Federal Reserve Regulation CC (“Reg CC”).
When the image of the check transmitted to First Pryority Bank is converted to
an Image Replacement Document 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 and other items which shall be considered ineligible items:
7. Endorsements and
- Checks or items payable to any
person or entity other than the person or entity that owns the account that the
check is being deposited to.
- Checks previously deposited and
returned (for example, “non-sufficient funds” or “refer to maker”)
- Checks or items containing obvious
alteration to any of the fields on the front of the check or item (including
the MICR line), 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 that are not in their
original form with a signature, such as a substitute check (as defined in Reg.
CC) or image replacement document
- Checks or items drawn on a
financial institution located outside the United States.
- Checks that are remotely created
checks, as defined in Reg. CC.
- Checks or items not payable in
United States currency.
- Checks or items dated more than 6
months prior to the date of deposit.
- Checks or items prohibited by
First Pryority Bank’s current procedures relating to the Service or which are
otherwise not acceptable under the terms of your First Pryority Bank account.
- 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 capture service
offered at any other financial institution.
- Money Orders
You agree to
restrictively endorse any item transmitted through the Service. The endorsement
shall consist of the signature of the person the check is written to and
below the signature shall be
written: “For Deposit Only, Account
#________” or “For Deposit Only, FPB”
or as otherwise instructed by First
Pryority Bank. You agree to follow any and all other procedures and
instructions for use of the Service as First Pryority Bank may establish from
time to time.
8. Receipt of Items. Nothing in this Agreement shall be construed
as requiring First Pryority Bank to accept any check or item for deposit, even
if First Pryority Bank has accepted that type of check or item previously. Nor
shall First Pryority Bank be required to identify or reject any checks or items
that you may capture and deposit that fail to meet the requirements of this
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 First Pryority Bank that
we have 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. We further reserve the right to charge back to your
account at anytime, 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 item.
9. Availability of Funds. Checks deposited via the Service by the
bank’s 4:00 p.m. CST deadline will be considered deposited on that business day
and subject to Funds Availability disclosure provided at account opening. Otherwise, we will consider that the deposit
was made on the next business day we are open. Funds deposited using the
Services will generally be made available on the first business day after the
day of deposit.
10. Disposal of
Transmitted Items. Upon receipt of
a confirmation from First Pryority Bank that we have received an image that you have transmitted, you agree
to prominently mark the item as “Electronically Presented”, “VOID”, or
otherwise render it incapable of further transmission, deposit, or presentment.
You agree never to re-present the item. You agree to retain the check for at
least 45 calendar days from the date of the image transmission. After 45 days,
you agree to destroy the check that you transmitted. During the time the
retained check is available, you agree to properly handle the check and upon
request, promptly provide it to First Pryority Bank.
11. Deposit Limits. We reserve the right to and 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, 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 this Agreement, and
we will not be obligated to allow such a deposit at other times.
Our current mobile deposit limits are as follows:
- For all new accounts opened 30
days or less with good account behavior as determined in our sole discretion;
the daily dollar limit for deposits is $1,000 per business day. The current
monthly dollar limit for deposits is $5,000 per rolling 30 days.
- For a consumer account that has
been opened 31-181 days, with good account behavior as determined in our sole discretion,
the daily dollar limit for deposits is $2,500 per business day. The current
monthly dollar limit for deposits is $10,000 per rolling 30 days.
- For a small business account that
has been opened 31-181 days, with good account behavior as determined in our
sole discretion, the daily dollar limit for deposits is $5,000 per business
day. The current monthly dollar limit for deposits is $15,000 per rolling 30
- For a consumer account that has
been opened more than 181 days, with good account behavior as determined in our
sole discretion, the daily dollar limit for deposits is $5,000 per business
day. The current monthly dollar limit for deposits is $30,000 per rolling 30
- For a small business account that
has been opened more than 181 days, with good account behavior as determined in
our sole discretion, the daily dollar limit for deposits is $10,000 per
business day. The current monthly dollar limit for deposits is $50,000 per
rolling 30 days.
12. Presentment. The manner in which the items are cleared,
presented for payment, and collected shall be in First Pryority Bank’s sole
discretion subject to the agreements governing your account.
13. Errors. You agree
to notify First Pryority Bank of any suspected errors regarding items deposited
through the service right away, and in no event later than 60 days after the
applicable First Pryority Bank account statement is sent. Unless you notify
First Pryority Bank within 60 days, such statement regarding all deposits made
through the service shall be deemed correct, and you are prohibited from
bringing a claim against First Pryority Bank for such alleged error.
14. Errors in
Transmission. By using the Services
you accept the risk that an item may be intercepted or misdirected during
transmission. First Pryority Bank bears no liability to you or others for any
such intercepted or misdirected items or information disclosed through such
15. Security of your
Mobile Device and Account Information.
You are responsible for (i)
maintaining the confidentiality and security of your mobile devices, access
number(s), password(s), security question(s), and answer(s), account number(s),
login information, and any other security or access information, used by you to
access the Service, and (ii) 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 to not supply this access information to anyone. You will be
responsible for all electronic communications, including image transmissions,
email and other data 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 devices. 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.
16. Image Quality. The image of an item transmitted to First
Pryority Bank using the service must be legible and provide all information on
the front and back of the original check at the time presented to you by the
drawer. The image quality of the items must comply with the requirements
established from time to time by the American National Standards Institute, the
Board of Governors of the Federal Reserve Board, any other regulatory agency,
clearing house or association or any higher standard set by us.
17. Taking Photos. All images are reviewed for clarity and
completeness. If an error is detected, the App will prompt you to make
adjustments and retake the photo. Follow these tips to help ensure a good photo
- Ensure the area is well-lit
- Place the check on a dark surface
- Remove objects or other items from
- Make sure all four corners of the
check are visible
- Position the camera directly above
18. User Warranties
You warrant to
First Pryority Bank that:
- You will only transmit eligible
- You will not transmit duplicate
- You will not re-deposit or
re-present the original item.
- All information you provide to
First Pryority Bank is accurate and true.
- You will comply with this
Agreement and all applicable rules, laws, and regulation.
- You are not aware of any factor
which may impair the collectability of the item.
- You agree to indemnify and hold
harmless First Pryority Bank from any loss for breach of this warranty
19. Cooperation with
You agree to
cooperate with us 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 Service in your possession and your records relating to such items
Enforceability. We 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 our rights with respect to any
other transaction or to modify the terms of this 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.
21. Ownership &
License. You agree that First
Pryority Bank retains all ownership and proprietary rights in the service,
associated content, technology, and website(s). Your use of the service is
subject to and conditioned upon your complete compliance with this agreement.
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 First Pryority Bank’s business interest, or (iii) to First Pryority
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.
22. 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 noninfringement. We
make no warrant that the service (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 errrors in
the service or technology will be corrected.
23. 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 First Pryority Bank has been informed of the
24. Termination or
Refusal by Us. We reserve the right
to refuse to honor an instruction or suspend or terminate the service, in whole
or in part, at any time, with or without notice to you, with or without cause,
including, without limitation, if: (a) we have reason to believe that your
account has been compromised or mismanaged in any way, such as by unauthorized
or erroneous use of your access information; or (b) we believe the service is
not being used for its intended, bona fide and lawful purposes under this
agreement or any other agreement you have with First Pryority Bank; (c) we have
reason to believe the service is being used in an anti-competitive manner or
contrary to First Pryority Bank’s business interests; or (d) your account is
closed or access to your account is restricted for any reason. Termination will
not affect your liability or obligations under this agreement or any other
agreements you have with us.