MOBILE DEPOSIT SERVICE TERMS AND CONDITIONS This Mobile Deposit Service Terms and Conditions (this Agreement ) contains the terms and conditions for the use of certain mobile deposit services (hereafter, the Services ). Your use of the Services constitutes your acceptance of this Agreement, which is effective as of the date you first elect to use the Services. Other agreements you have entered into with Kennebunk Savings Bank (the Bank, we, us or our ) that govern your deposit accounts, including the Terms and Conditions, Deposit Account Agreement, Funds Availability Disclosures, and Customer Internet Banking Agreement (collectively, the Deposit Agreements), are incorporated by reference and made a part of this Agreement. In the event of a conflict or inconsistency between the Deposit Agreements this Agreement, the terms of this Agreement shall control. 1. SERVICES AND ELIGIBILITY Subject to the terms set forth in this Agreement and that we may communicate to you from time to time, you may deposit certain Permitted Items (as defined below) using the Services to eligible checking or savings accounts (each an Account ) from home or other remote locations using a mobile device capable of capturing electronic images of the front and back of Permitted Items and transmitting them to us. To be eligible to use the Services you must be (1) enrolled in both the Bank s online and mobile banking services; and (2) an authorized signer or an owner either individually or jointly on the Account that is eligible for the Services. Your Account must be in good standing in order to use the Services. THE SERVICES ARE NOT AVAILABLE TO MONEY SERVICE BUSINESSES, OWNERS OR LESSORS OF PRIVATELY OWNED AUTOMATED TELLER MACHINES ("ATMS"), NON-BANK FINANCIAL INSTITUTIONS OR CORRESPONDENT BANKING CUSTOMERS. 2. PERMITTED ITEMS If you have met, in our sole discretion, the eligibility requirements and conditions we have established for use of the Services, we will provide for acceptance for deposit to your Account(s) electronic images of Permitted Items for collection as allowed under this Agreement. A Permitted Item is a paper check, as defined in Federal Reserve Regulation CC, that is drawn on a United States financial institution, subject to the restrictions described in this section and as communicated to you from time to time. You agree that the image of Permitted Item transmitted to us shall be deemed an item within the meaning of Article 4 of the applicable Uniform Commercial Code. IRS checks, savings bonds, Canadian checks, foreign checks, and Insurance checks are ineligible for the Services. Third-party checks that are payable to any party other than you are not eligible for the Services. We reserve the right to prohibit you from utilizing the Services for checks drawn on your Accounts or drawn on the accounts of any of your household members. Other Ineligible Items: Payable to anyone other than the Account holder(s). Containing obvious alteration, which you know or suspect, or should reasonably know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn. Previously converted to a substitute check, as defined in Regulation CC. Not payable in United States currency. Dated more than 6 months prior to the date of deposit. Post-dated (made payable at some point in the future).
Prohibited by the Bank s current procedures relating to the Services or which are otherwise not acceptable under the terms of your Account. By requesting access to the Services, you authorize the Bank to provide you with access to all of the eligible Accounts you designate to participate in the Services. 3. CUSTOMER REQUIREMENTS Electronic Items. You shall use the Services to create electronic images of Permitted Items that you wish to deposit to your Account and transmit those electronic images (hereafter, Electronic Items ) to us. All Electronic Items shall be legible and accurately depict legal and courtesy amount field, payee, date, check number, drawee information, and memo line designation. In addition, you must verify that the Magnetic Ink Character Recognition ("MICR") line is true and accurate. We have the right to adjust the amount of any deposit based on our review of the Electronic Item. We shall not be liable for any damage resulting from an Electronic Item s poor image quality, including those related to rejection of, or delayed or improper crediting of, such Electronic Item or from any inaccurate information you supply regarding the Electronic Item. Endorsement. You must endorse each Permitted Item before transmission of the Electronic Item using the Services, exactly as the Permitted Item is made payable. Franking. In addition to signing the Permitted Item where required, you shall mark the back of each Permitted Item with the notation For Deposit Only. If the Permitted Item was previously refused or rejected and is to be presented for deposit or payment subsequently, then the face of the Permitted Item must be marked with the date the Electronic Item was refused or rejected. Destruction. All Permitted Items shall be retained in a secure fashion after you have deposited the Electronic Item. Our standards require that the Permitted Item be retained for a minimum of thirty (30) calendar days after funds have been made available to you. You may retain Permitted Items for a longer period of time; however, our standards require that such retention does not exceed forty-five (45) calendar days. Safeguarding. You shall safeguard all Permitted Items prior to their destruction from unauthorized access and use, including without limitation, theft, alteration, access, re-imaging, and re-presentment. No Further Use. You will not permit the Permitted Item to be presented, returned or otherwise used to obtain a payment that would duplicate the payment sought via the Services. Hardware, Software, and Internet Connectivity. You are responsible for your own hardware and software, including the equipment used to provide connectivity to the internet. You are responsible for troubleshooting internet connectivity issues with your Internet Service Provider ("ISP") or Mobile Service Provider and all connectivity and data charges, fees, problems, interruptions and related issues shall be your responsibility and not ours. 4. CUSTOMER REPRESENTATIONS AND WARRANTIES You represent and warrant that (i) all deposits made via the Services shall conform in all respects to the requirements herein, the Agreement, any reasonable Bank instructions, rules or policies as may be communicated to you from time to time, and any other applicable requirement under the law; (ii) all signatures on each check are authentic and authorized; (iii) the check has not been altered; (iv) all check images are true, authentic representations of the checks they represent and meet the quality standards set forth herein; (v) you have not and shall not submit any duplicate deposit, check, check image or deposit made via the Services, or otherwise authorize, allow or permit any third party to submit any duplicate deposit, check, check image or
deposit made via the Services; (vi) we shall in no event suffer any loss, damage or harm in connection with the deposit of any check made via the Services; (vii) all information provided to us is true and accurate; (viii) all checks are authorized and valid, and not subject to defenses by the applicable maker or drawee; and (ix) you have complied with all laws, rules and regulations in connection with the Services, including without limitation, Regulation CC and the Check Clearing for the 21st Century Act ("Check 21"). 5. TRANSMISSION OF DEPOSITS Using the Services to scan Permitted Items and submit Electronic Items for deposit does not constitute receipt of the deposit by the Bank. Generally, Electronic Item deposits transmitted prior to 4:00 p.m. Eastern Time are processed on the business day of the transmission. Any Electronic Item deposit transmitted after this time or on Saturdays, Sundays, and holidays will generally be processed on the next business day. Notwithstanding the foregoing, Electronic Items processed for deposit through the Service will be deemed to have been accepted by the Bank for deposit at the time the Electronic Items are actually received and accepted at the location where the Bank or its designated agent posts the credit to the Account. A deposit of Electronic Items will be deemed to have been accepted by Bank for deposit when all of the following have occurred: (i) the Bank or its designated agent has verified that the image quality of the Electronic Item is acceptable to Bank in its discretion, all Electronic Item information is complete and the deposit totals are balanced to the Electronic Item information provided for the deposit; and (ii) the Bank has successfully performed all further validation routines with respect to the deposit. Please refer to your Deposit Agreements for when funds will be made available. Acknowledgment that your Electronic Item deposit has been received by the Bank does not mean that the Electronic Item deposit was accepted for deposit, error free, able to be processed or complete or that funds will be credited for that Electronic Item. The Bank is not responsible for any deposit made via the Services that does not comply with the terms of this Agreement, applicable law or any other requirement of us (including without limitation, check eligibility, image quality, late or missing deposits, or deposit and file limits specified by us). The Bank will send a notice to you if your Electronic Item deposit is rejected in whole or in part. You may verify acceptance and the amount of your Electronic Item deposit credited to your account by reviewing your statement online or by calling the Bank. We may establish limits that apply to the amount of any individual Electronic Item, the dollar amount and number of Electronic Items that may be deposited in a day, and the dollar amount of Electronic Items that may be deposited in a multi-day period. We reserve the right to modify such limits from time to time or to impose different limits on certain customers. If you attempt to make a deposit in excess of such limits we may reject your deposit. If we permit you to make a deposit in excess of such limits, that deposit will be subject to the terms of this Agreement, may be subject to additional availability restrictions, and we will not be obligated to allow such deposits at any other time. 6. NOTICE OF RETURN DEPOSIT Returned Deposits. You specifically agree that we shall have no obligation whatsoever (including without limitation, to process, repair, return or represent) in connection with any failure of a Permitted Item, Electronic Item, file or deposit to meet any specifications or requirements provided by us to you. Representment. If we have credited your account for an Electronic Item that is subsequently returned to us unpaid, we reserve the right to deduct the amount of the returned Electronic Item from your account, as well as any applicable fees. We may, solely at our option and without undertaking an obligation to do so, re-deposit the returned Electronic Item and deduct the applicable fee from your account and you shall hold us harmless for any and all fees and or losses associated therewith. If we choose to re-deposit the returned Electronic Item, you
expressly agree that you have consented to this action and further agree that we have not waived or forfeited our right to deduct the amount of the returned check from your account by exercising the option to re-deposit. Time and Manner of Returns. You agree that you shall accept a returned deposit made via the Services at any time in the event such return was caused by or resulted from your failure to comply with this Agreement. In the event of a return, you agree that such return may be made in any legally acceptable form (including without limitation, image, image replacement document, or MICR memo). You may present the Permitted Item for deposit, in connection with a returned deposit, only by delivery of the tangible Permitted Item and only upon our prior written approval. 7. SECURITY PROCEDURE You agree to the security procedures ( Security Procedures ) used by the Bank in connection with the Services. As part of the Security Procedures, the Bank may employ various authentication technologies, including, but not limited to, use of User IDs and passwords. YOU UNDERSTAND AND AGREE THAT YOU WILL BE RESPONSIBLE FOR MAINTAINING SECURITY AND CONTROL OVER YOUR USER ID AND PASSWORD PROVIDED BY BANK. 8. INTELLECTUAL PROPERTY RIGHTS Your use of the Services does not grant you any ownership or proprietary rights in it or to any part of the Services. All rights, title and interest in and to the Services remain with us or our agents or licensors as applicable. You will not (i) reverse engineer, decompile, disassemble, or attempt to discover or modify in any way the Services or any part thereof; (ii) modify, translate, adapt, rent, lease, loan, create or prepare derivative works of the Services or any part thereof; (iii) provide, disclose, divulge or make available to or permit the use of the Services or any part thereof by any third party; (iv) copy or reproduce any part of the Services or any part thereof; or (v) interfere or attempt to interfere with the Services or any part thereof in any way. 9. INDEMNIFICATION In addition to any indemnification provisions set forth the Deposit Agreements, you agree to indemnify and hold the Bank harmless from any claim, cost, loss, or damage (including attorney fees and expenses) that results from or arises out of the wrongful acts or omissions of you, or any person acting on your behalf, in connection with your use of the Services, including without limitation: (a) the breach by you of any provision of this Agreement, (b) the negligence or willful misconduct (whether by act or omission) of you or any person acting on your behalf, (c) any misuse the Services by you, and (d) your failure to comply with applicable state and federal laws and regulations. 10. LIMITATIONS OF LIABILITY; WARRANTIES YOU ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED AS IS AND THAT YOU USE IT AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE BANK MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, VIRUSES, OR THE ACCURACY OR FREEDOM FROM ERROR, OF THE DATA OR THE PROGRAM USED BY OR FURNISHED TO THE BANK OR TO YOU BY LICENSER OR OTHERS, IN CONNECTION WITH THE SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE PROVIDED AND THE SUITABILITY OF THE SERVICES. WE DO NOT WARRANT THAT THE SOFTWARE PROVIDED WILL OPERATE WITHOUT ERRORS, OR THAT ANY OR ALL OF THE SERVICES WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES.
11. AMENDMENT We may, at any time and in our sole discretion, amend this Agreement and the terms governing your use of the Services. Except as expressly provided in this Agreement, any changes will be effective immediately. You will be deemed to accept any such changes if you access or use any of the Services after the date on which the change becomes effective; if you do not agree to the change or amendment, you must discontinue using the Services. You will remain obligated under this Agreement, even if Bank amends this Agreement or the Services. 12. TERM AND TERMINATION The term of this Agreement will continue until terminated. Because the Services are provided as a convenience to you, we reserve the right to terminate the Services at any time, for any or no reason. We shall have no liability to you or to any third party for interruption or termination of the Services. Your sole remedy will be to make your deposit in person at any of our banking offices. Sections 8, 9, and 10 shall survive the termination of this Agreement. 13. RIGHT TO AUDIT AND INVESTIGATIONS We may periodically audit and verify your compliance with this Agreement. You agree to cooperate and provide information or documents as may be reasonably requested by the Bank in the course of such audit. You also agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution claims, including by providing, upon request any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions. 14. MISCELLANEOUS Governing Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the United States and the State of Maine, without reference to its choice of law rules. Waiver. The Bank may waive enforcement of any provision of this Agreement. Any such waiver shall not affect Bank s rights with respect to any other transaction or modify the terms of this Agreement. Severability. If a provision of this Agreement is held invalid under any applicable law, such invalidity will not affect any other provision of this Agreement that can be given effect without the invalid provision. Assignment. Neither party may assign its rights or obligations under this Agreement without the written consent of the other party; provided, however, the Bank may assign or transfer this Agreement, by operation of law or otherwise, to any person that becomes the successor entity of the Bank, in connection with a change of control and you hereby consents to such assignment or transfer in advance. The legal successor(s) resulting from such aforementioned assignment or transfer will succeed to and be bound by this Agreement. Entire Agreement. This Agreement, together with other applicable agreements between you and the Bank is the complete and exclusive statement of the agreement with respect to the subject matter hereof and supersedes any prior agreement(s) between you and the Bank with respect to such subject matter.