Mobile Banking Agreement
Lakestone Bank & Trust ("Lakestone" or the "Bank") endeavors to provide you with the highest quality Mobile Banking available. This Agreement states our obligations with respect to our Mobile Banking service (the "Service").
1. Lakestone will use reasonable efforts to make the Service available for your use on a continuous basis. The Service may be unavailable for short periods of time for regular or emergency system maintenance. The Bank will endeavor to have our scheduled maintenance occur during non-peak hours. In addition, accessibility to the Service may be interrupted because of conditions beyond our control, including outages in internet availability. The Bank will use diligent efforts to re-establish the Service as promptly as possible. The Bank does not promise the Service will always be available for your use. The Bank may elect to discontinue this Service at any time. If the Bank chooses to discontinue the Service, the Bank will provide you with reasonable notice in advance of that fact.
2. You are responsible for providing your own hardware and software to access the Service. The hardware and software that you use may be subject to unauthorized tracking or other manipulation by spyware or other malicious code. Lakestone is not responsible for advising you of the existence or potential effect of such malicious code, and your use of your hardware and software is at your own risk. The Bank does not guarantee functionality of the Service on all wireless devices. You are responsible for the charges of any wireless service provider while using the Service.
3. Lakestone reserves the right at all times to take actions to protect our systems and information, including denial of access to users of the Service.
4. Lakestone will use commercially reasonable efforts to secure the Service to prevent access by unauthorized persons and to prevent the introduction of any malicious code, such as a computer virus. However, no security system is failsafe, and despite our efforts the security of the Service could be compromised or malicious code could be introduced by third parties. Lakestone will provide you with notice if your information is the subject of a security breach as required by applicable law.
5. The accounts that you access using the Service are subject to the Rules and Regulations of Your Deposit Account and the Online Banking and Bill Pay Agreement and Disclosure Statement.
Terms and Conditions of Mobile Deposit
1. General. This Addendum ("Addendum") amends and becomes a part of the Online Banking and Bill Pay Agreement and Disclosure Statement and the Mobile Banking Agreement (the "Service Agreement") between Lakestone and you (individually or the business entity using the Service). Terms of the Service Agreement are hereby incorporated herein and shall continue to apply in all respects, as amended hereby. By using or continuing to use the Mobile Deposit (the "Service"), you agree to this Addendum. For additional information refer to the Funds Availability Policy. You can request a copy of these policies at any time.
2. Mobile Deposit. a. The Service allows eligible Online Banking customers to make certain deposits electronically by using a capture device to create an electronic image of a paper check or other paper source document payable only in U.S. Dollars ("Item") by scanning the Item and transmitting it and related data to us. As part of the Service you must use software and hardware acceptable to us. You are solely responsible for information or data that is transmitted, supplied or key-entered by you, your employees or agents. Before you capture the image of any Item, you shall endorse all Items with your signature and “Lakestone Mobile Deposit.” b. You agree that after the Item has been imaged and submitted for deposit, you shall not otherwise transfer or negotiate the original Item, substitute check or any other representation thereof. You further agree that you shall be solely responsible for the original Items, including storage, retrieval and destruction of the Items. c. You agree that the electronic image of the Item or any substitute check, as defined by federal law, will become the legal representation of the Item for all purposes, including return items processing. d. If you present for deposit an Item no later than 7:00 p.m. Eastern Standard Time on a business day, we will consider that day to be the day of deposit. If you present for deposit an Item after 7:00 p.m. Eastern Standard Time or on a weekend or a state or federal holiday, we will consider that the deposit was made on the next business day. e. Deposits may be made to your eligible checking or savings accounts from remote locations by photographing paper checks ("Items") and delivering the images and associated deposit information to Lakestone . f. You agree to pay the fees described in the service charges and fee schedule that applies to your deposit account. g. You are responsible for the charges of any wireless service provider while using the Service. h. You agree that the image of the check transmitted to Lakestone shall be deemed an "Item" within the terms of the Check Clearing for the 21st Century Act. i. For personal accounts there is a daily deposit limit of $2,500, monthly deposit limit of $10,000 and a limit of 20 checks per month. For business accounts there is a daily deposit limit of $10,000, monthly deposit limit of $30,000 and a limit of 60 checks per month. j. We reserve the right to change, suspend or discontinue the Service, in whole or in part, or your use of the Service, in whole or in part, at any time with 30 days prior notice to you, unless modification or termination is required for security purposes. k. You can terminate the service at any time by contacting customer service at 810-245-2950. Any fees paid to the Bank for the service will not be refunded in whole or part.
3. Item Processing. If the electronic files and/or images transmitted to us with respect to any Item do not comply with our processing requirements for content and/or format, we may, in our sole discretion: a. further transmit the Item and data in the form received from you; b. repair or attempt to repair the Item or data and then further transmit it; c. process the Item as photocopies in lieu of originals; or d. reject the Item and/or charge back your account.
We are not responsible for items we do not receive or for images that may fail during transmission. An image of an item shall be deemed received when you receive a confirmation from Lakestone that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
You agree to retain and safeguard the original Item for at least 14 days after you have transmitted the Item images. After 14 days have passed and you have verified that the funds associated with the Item have been added to your Balance, you agree to properly destroy the Item.
You also agree that you will not use the Service to deposit any Items that: a. Are made payable to persons or entities other than you; b. Contain obvious alterations on the front of the 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 Item is drawn; c. Were previously converted to a substitute item, as defined in Federal Reserve Regulation CC, or were otherwise cashed or deposited; d. Are drawn on a financial institution located outside the United States; e. Are remotely created checks, as defined in Federal Reserve Regulation CC; f. Are not payable in United States currency; g. Are payable to Cash; h. Are a U.S. Savings Bond, money order, cashier's check, travelers check, foreign check or federal government check; i. Do not bear a signature of the person from whom the item is drawn or lack an issued date; j. Are postdated or dated more than 6 months prior to the date of deposit; or k. Are prohibited by Lakestone ’s current procedures relating to the Service or which are otherwise not acceptable under the terms of your Lakestone account.
4. Warranties. You represent and warrant to us that: a. Any image we receive accurately and legibly represents all of the information on the front and back of the original Item as originally drawn; b. The information you transmit to us corresponding to an Item contains a record of all applicable MICR-line (the set of numbers at the bottom of the check) information required for a substitute check and the accurate amount of the Item; c. The Item conforms to the technical standards in the Federal Reserve Bank operating circulars for a substitute check set forth in Federal Reserve Board Regulation CC; d. The item has not previously been deposited and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the Item (either the original Item, or a paper or electronic representation of the original Item) such that the person will be asked to make payment based on an Item it has already paid; e. You will not redeposit through this Service any Item previously deposited and returned to you unless we advise you otherwise; f. You will employ reasonable security measures sufficient to protect the Item in transmission and storage; and g. You will only transmit items that originated as paper Items. h. You will comply with all laws and regulations applicable to you in your use of the Service and not use the Service for any purpose prohibited by foreign exchange regulations, postal regulations or any other treaty, statute, regulation or authority. You agree to notify Lakestone of any suspected errors regarding items deposited through the Service right away, and to notify Lakestone in no event later than 10 days after the applicable Lakestone account statement is provided. Unless you notify Lakestone within 10 days, such statement regarding all deposits made through the Service shall be deemed correct. You agree that Lakestone 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 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) for any purpose which would be contrary to Lakestone ’s business interest, or (ii) to Lakestone ’s actual or potential economic disadvantage in any aspect. You may use the Service only for business and personal use in accordance with this Agreement. 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.
5. Disclaimer. Unless otherwise required by law, we make no representations or warranties, whether express, implied or statutory regarding or relating to any of the software, capture devices or other hardware and/or access to or use of them or the related materials and the Service. We specifically disclaim any and all implied warranties of merchantability and fitness for a particular purpose and non-infringement. We and our subcontractors also do not guarantee that your access to the Service will be uninterrupted, error free or secure. UNLESS OTHERWISE REQUIRED BY LAW, 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, 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 (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 SERVICES OR TECHNOLOGY WILL BE CORRECTED.
6. Limitation of Liability. UNLESS OTHERWISE REQUIRED BY LAW, YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, REGARDLESS OF THE FORM OF THE ACTION OR THEORY OF RECOVERY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
7. Indemnification. In addition to the indemnities contained in the Account Documentation, you agree to indemnify us for any loss or expense (including attorney's fees and expenses of litigation) resulting from: a. Your breach of any of the warranties made by you pursuant to this Addendum or the Account Documentation; b. any claim pertaining to any warranty or indemnity that we make with respect to an Item under the Check Clearing for the 21st Century Act, Federal Reserve Board Regulations CC and J and all other laws, regulations and industry and clearing house rules applicable to Items.
8. Grant of License. a. Grant of License. To the extent we or our licensors make any software available to you via download for use in conjunction with the Mobile Deposit service, we hereby grant, and you hereby accept, for the term of this Addendum, a non-exclusive, non-assignable, non-transferable, limited right and license to use the proprietary computer software products in object code and any associated documentation ("Products") for use only directly in conjunction with its permitted use of the Mobile Deposit service. b. Title. Except for the license granted to you hereunder, all rights and title in and to the Products, including any improvements, modifications, and derivative works, will at all times remain with us or our licensors, and you shall acquire no rights in the Products. c. Risk of Loss. You will bear the entire risk of loss, destruction and damage to the Products from any cause whatsoever, and no such loss, destruction or damage shall impair any of your obligations hereunder which shall continue in full force and effect.
Please contact us at (810) 245-2950 with any questions you may have regarding the above information and disclaimers.