Mobile Deposit Agreement and Disclosure Statement

This agreement contains the terms and conditions that govern accessing or using the Mobile Deposit Service (the “Service”). When you use the Service you agree to the terms and conditions outlined in this agreement. The agreement will be governed by and interpreted in accordance with all applicable federal and state laws and regulations. The following rules will apply to the extent there is no applicable federal or state law or regulation. The terms “we”, “us”, “our” and “Bank” refer to Wadena State Bank. The terms “You” and “your” refer to the customer. In the event of conflict or discrepancy between this agreement and other agreements entered into between you and Wadena State Bank regarding the subject matter herein, this agreement shall take precedence.

Services – The mobile deposit services (the “Services”) are designed to allow you to make deposits to a qualified Wadena State Bank checking, savings or health savings account from home or other remote locations by scanning checks and delivering the images and associated deposit information to the Bank or a third-party processor designated by the Bank.

ACCEPTANCE OF THESE TERMS

Your use of the Service constitutes your acceptance of this Agreement. This Agreement is subject to change at any time. We will notify you of any material change via mail, email, text message or on our website by providing a link to the revised Agreement. Your continued use of the Service will indicate your consent to be bound by the revised Agreement. Further, Wadena State Bank reserves the right, in its sole discretion, to change, modify, add or remove portions from the Service. Your continued use of the Service will indicate your acceptance of any such changes to the Service.

TERMS AND CONDITIONS

A valid online banking account and the Wadena State Bank mobile banking phone application is required in order to utilize this Service.

1. Features. You or someone you have authorized by giving them your identification number and password or other means of access (even if that person exceeds your authority), can perform the following transactions:

Deposit individual checks to your checking, savings and health savings accounts from home or other remote locations by capturing the image of a check and delivering the images and associated deposit information to Wadena State Bank.

1. Fees. There are no fees to use this Service at this time. The Bank 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 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 (your “Billing Account”). The Bank is not liable for any costs you may incur from cellular data networks or other related equipment that may result from usage of this Service.
2. Hardware and Software. In order to use the Service, you are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems”) necessary for you to access and use the Service at your expense. This responsibility includes, without limitation, your utilizing up to date mobile phones and/or access devices and the best commercially available encryption, antivirus, anti-spyware, and internet security software. Wadena State 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.

For depositing checks, depositor must have one of the following Phone Make / Operating Systems:

Apple iPhone with an Operating System of 5.0 or higher.
Android Based with an Operating System of 2.1.1 or higher.

1. Cut Off Times. Deposits can be made up to 2:00 pm (CST) on any Business day to be credited on that same Business day. Deposits performed after 2:00 pm (CST) on a Business Day will be processed on the next Business Day.
2. Limitations of Service. When using the Service, you may experience technical or other difficulties. We will attempt to post alerts on our website to notify you of these interruptions in Service. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. The Service may have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. 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, immediately and at any time without prior notice to you.
3. Processing. If you transmit your Electronic item(s) to Wadena State Bank before the cut off time on any Business Day, we shall review and process your Electronic Item(s) on that Business Day. If you transmit your Electronic item(s) to us after the cut off time on any Business Day, we shall review and process your Electronic item(s) on the next Business Day. Your Electronic item(s) is deemed to have been received by the Bank when the Service generates a confirmation message to you.
4. Eligible Items. You agree to scan and deposit only “checks” as that term is defined in Federal Reserve Regulation CC (“Reg. CC”). When the image of the check is transmitted to Wadena State Bank it is converted to an image 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 or other items which shall be considered ineligible items:

Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into.
Checks previously deposited and returned (For example, Non-sufficient Funds)
Checks containing an alteration 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 is drawn.
Checks payable to two or more persons (where one person is not an account holder of the bank)
Checks that are not in their original form with a signature, such as a substitute check or image replacement document
Checks drawn on a financial institution located outside the United States.
Checks not payable in United States currency.
Checks dated more than 6 months prior to the date of deposit.
Checks or items prohibited by the bank’s current procedures relating to the service or which are otherwise not acceptable under the terms of your account.
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.
Checks that have previously been deposited or negotiated in any way via any method at Wadena State Bank or any other financial institution.
Items that are in violation of any federal or state law, rule or regulation.
Savings Bonds
Withdrawal slips
Traveler’s Checks
Credit Card Checks
Money Orders

1. Endorsements and Procedures. 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: “WSB Mobile Deposit” or as otherwise instructed by Wadena State Bank. You agree to follow any and all other procedures and instructions for use of the Service as Wadena State Bank may establish from time to time.
2. Receipt of Items. We reserve the right to reject any item transmitted through the Service, 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 the 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 any time, 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.
3. Funds Availability Policy. Checks deposited and approved via the Service by the Bank’s stated cut off time will be considered deposited on that business day. Our funds availability policy is to make funds from your deposits available to you on the first business day after the day we receive your deposit. Funds from electronic direct deposits and cash deposits will be available on the day we receive the deposit.

For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. Deposits to a night depository are considered made when the depository is emptied, and mail deposits are considered made on the day we receive your deposit.

In some cases, funds you deposit by check may be delayed for a longer period under the following circumstances:

We have reasonable cause to doubt the collectability of the item.
Some information on the check is not consistent with other information on the check.
We have received notice that the check is being returned unpaid.
Information from the paying bank indicates that the check may not be paid.
You have repeatedly overdrawn your account(s) in the last six months.

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the 5th business day after the day of your deposit.

1. Disposal of Transmitted Items. Retain the physical check that was deposited in a secure location for the duration of two (2) weeks. You agree never to re-present the item. During the time the retained check is available, you agree to properly handle the check and upon request, promptly provide it to Wadena State Bank.
2. 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. The current daily dollar limit is $2,500 per business day. 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.
3. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in the Bank’s sole discretion subject to the agreements governing your account.
4. Errors. You agree to notify the Bank of any suspected errors regarding items deposited through the Service immediately, and in no event later than 60 days after the applicable Bank account statement is sent. Unless you notify the 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 the Bank for such alleged error.
5. Errors in Transmission. By using the Service you accept the risk that an item may be intercepted or misdirected during transmission. Wadena State Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
6. Image Quality. The image of an item transmitted to the Bank using the Service must be legible, as determined in the sole discretion of the Bank. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by the Bank, the American National Standards Institute, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association. You agree that we shall not be liable for any damages resulting from a check or item’s poor image quality, including those related to rejection of or the delayed or improper crediting of such a check or item, or from any inaccurate information you supply regarding the check or item.
7. User Warranties and Indemnification. You warrant to Wadena State Bank that:

You will only transmit eligible items.
You will not transmit duplicate items.
You will not re-deposit or re-present the original item.
All information you provide to the Bank is accurate and true.
You will comply with this Agreement and all applicable rules, laws, and regulations.
You are not aware of any factor which may impair the collectability of the item.
You agree to indemnify and hold harmless Wadena State Bank from any loss for breach of this warranty provision.

1. Cooperation with Investigations. 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 and transmissions.
2. Termination. We may terminate this Agreement at any time, for any reason, and without notice. 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 the terms of your account agreement or any other agreement with us.
3. 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.
4. Ownership & License. You agree that Wadena State 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 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) in any anti-competitive manner, (ii) for any purpose which would be contrary to the Bank’s business interest, or (iii) to the Bank’s actual or potential economic disadvantage in any aspect. You may use the Service only 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. Changes to the Service. We reserve the right to terminate, modify, add and remove features from the Service at any time in our sole discretion. You may reject changes by discontinuing use of the Service. Your continued use of the Service will constitute your acceptance of and agreement to such changes. Maintenance to the Service may be performed from time-to-time resulting in interrupted service, delays or errors in the Service and we shall have no liability for any such interruptions, delays or errors. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided.
6. Disclaimer of Warranties. 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 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 WARRANTY 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 ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED.