eDeposit

Express Deposit and Mobile Express Deposit Agreement
 
 
This Agreement contains the terms and conditions for the use of Modern Woodmen Bank’s Express Deposit and Mobile Express Deposit remote deposit capture services (“eDeposit”). By using Express Deposit and Mobile Express Deposit you are agreeing to the terms of this Agreement which you agreed to and received at account opening by accepting The Terms and Conditions of Your Accounts. Use of eDeposit, also, supplements the Online Banking Agreement.

This Agreement is subject to change from time to time. We will notify you of any material change by e-mail or on our website by providing a link to the revised Agreement. Your continued use of eDeposit will indicate your acceptance of the revised Agreement.
 
Express Deposit and Mobile Express Deposit allows you to make deposits to your checking or savings accounts from home or other remote locations by scanning checks and delivering the electronic check and required deposit information to Modern Woodmen Bank. Some of the eDeposit functions have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We also reserve the right to change, suspend, or discontinue eDeposit in whole or in part, or your individual use of eDeposit, at any time without prior notice to you.

You can access your Modern Woodmen Bank accounts through Express Deposit and Mobile Express Deposit 24 hours a day, seven (7) days a week. However, at certain times, some or all of Modern Woodmen Bank Express Deposit and Mobile Express Deposit may not be available due to system maintenance. You may be notified online when this occurs.

A deposit initiated through Modern Woodmen Bank Express Deposit and Mobile Express Deposit before 3:00 PM Central Time (CT) on a business day is posted to your account the same day. All deposits completed after 3:00 PM CT on a business day or on a Saturday, Sunday or banking holiday, will be posted on the next business day. Our business days are Monday through Friday. Saturday, Sunday and Federal holidays are not included as a business day.

Modern Woodmen Bank will make funds available as described in these Terms and Conditions. Generally, funds deposited using eDeposit will have same day availability subject to exception hold, case-by-case holds, or the new account rules. Please refer to the Funds Availability section of the Terms and Conditions of Your Accounts.
 
You agree to scan and deposit only checks as defined in Regulation CC. You agree that you will not use eDeposit to scan and deposit any of the following checks or other items:
 
  • Checks or items payable to any person or entity other than you.
  • 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.
  • Checks or items previously converted to a substitute check, as defined in Regulation CC.
  • Checks or items drawn on a financial institution located outside the United States.
  • Checks or items that are remotely created checks, as defined in Regulation CC.
  • United States Treasury checks or Travelers Checks.
  • 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 Modern Woodmen Bank’s current procedures relating to eDeposit or which are otherwise not acceptable under the terms of the Online Banking Agreement
  • Checks or items stamped with a non-negotiable watermark.
You warrant to Modern Woodmen Bank with respect to each electronic check that:
  • Each electronic check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer or person on whose account the original check is drawn, has no defense against payment of the original check;
  • The person on whose account the original check is drawn authorized the issuance of the original check in the amount stated on the original check and to the payee stated on the original check;
  • You are authorized to enforce each item transmitted or are authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item; and
  • You will not deposit or otherwise endorse to a third party the original check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original check, or a paper or electronic representation of the original check) such that the drawer or person on whose account the original check is drawn, will be asked to make payment based on an item it has already paid.
The electronic check transmitted to Modern Woodmen Bank using eDeposit must be legible. Regulation CC specifies elements that must be legible for an electronic check to be considered an accurate representation of the original.
The electronic check must meet standards for electronic check quality 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.
You agree to sign your name and restrictively endorse, preferably in black ink or black ink endorsement stamp, any item transmitted through eDeposit or as otherwise instructed by Modern Woodmen Bank. Following are examples of restrictive endorsements:
  • Remote Deposit Only at MWABank
  • Mobile Deposit Only at MWABank

You agree to follow any and all other procedures and instructions for use of eDeposit as Modern Woodmen Bank may establish from time to time.
 
We reserve the right to reject any item transmitted through eDeposit, at our discretion, without liability to you. We are not responsible for electronic checks we do not receive or for electronic checks that are dropped during transmission. An electronic check shall be deemed received when you receive a confirmation from Modern Woodmen Bank that we have received the electronic check. Receipt of such confirmation does not mean that the transmission was error free or completed.
 
Modern Woodmen Bank will provide confirmation of your transmitted electronic check of an item at which time you agree to prominently mark the item as “Processed”, “Remotely Presented” or “VOID” to ensure that it is not represented for payment. Properly dispose of the item after thirty (30) days, but not more than ninety (90) days, or for any longer period of time during which any dispute concerning such original check may exist. You will be responsible if any person receives presentment or return of, or otherwise is charged for, the original check or a paper or electronic representation of the original check such that the person will be asked to make a payment based on an original check that it already has paid. To reduce the risk of a second presentment, you will use a commercially reasonable method (e.g., shredding) to destroy original checks promptly after your retention period has expired. You acknowledge that the electronic check thereafter will be the sole evidence of the original check. You acknowledge that if electronic checks are dishonored and returned unpaid for any reason, we may charge back the returned electronic check to your account(s). You will notify us immediately by telephone with written confirmation if you learn of any loss or theft of original checks that were previously deposited through eDeposit.
 
You, also, 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 Modern Woodmen Bank as requested to aid in the clearing and collection process, and to resolve claims by third parties with respect to any item.
 
We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using eDeposit and to modify such limits from time to time.
 
In order to use eDeposit, you must obtain and maintain, at your expense, compatible hardware and software as specified by Modern Woodmen Bank from time to time. Modern Woodmen Bank is not responsible for any third party software you may need to use eDeposit. 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.
 
Your wireless carrier may assess you fees for data or text messaging services. Please consult your wireless plan provider for details.
 
You agree to notify Modern Woodmen Bank of any suspected errors regarding electronic checks deposited through eDeposit immediately, and in no event later than sixty (60) days after the applicable account statement is sent. Unless you notify Modern Woodmen Bank within sixty (60) days, such statement regarding all deposits made through eDeposit shall be deemed correct, and you are prohibited from bringing a claim against Modern Woodmen Bank for such alleged error. The manner in which the items are cleared, presented for payment, and collected shall be in Modern Woodmen Bank’s sole discretion subject to the Online Banking Agreement and this Terms and Conditions Agreements of Your Accounts, which you agreed to and received at account opening.
 
You agree that Modern Woodmen Bank retains all ownership and proprietary rights in eDeposit, associated content, technology, and website. Your use of eDeposit 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 eDeposit. Without limiting the restriction of the foregoing, you may not use eDeposit (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to Modern Woodmen Bank’s business interest, or (iii) to Modern Woodmen Bank’s actual or potential economic disadvantage in any aspect. You may use eDeposit only for 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 eDeposit.
 
DISCLAIMER OF WARRANTIES.
YOU AGREE YOUR USE OF THE SERVICES 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.
 
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 SERVICES 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 SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF MODERN WOODMEN BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
 
You understand that, while Modern Woodmen Bank and our service providers have established certain security procedures, such as firewalls, codes and data encryption designed to prevent unauthorized access to your accounts or transactions, there can be no assurance that inquiries or transaction activity will be completely secure. You also understand that access to eDeposit will not be free from delays, malfunctions, or other inconveniences generally associated with this electronic medium. You agree that we are not responsible for any such unauthorized access, delays or malfunctions, and we are not responsible for the acts of third parties.
 
Any security procedures required in connection with the Express Deposit and Mobile Express Deposit are strictly confidential. You are responsible to ensure the safety and integrity of deposited items from the time of receipt until the time of destruction of the original checks. You will take reasonable measures to safeguard your computer systems or mobile devices.
 
If warranted in Modern Woodmen Bank’s reasonable judgment, Modern Woodmen Bank reserves the right to monitor you, and you agree to cooperate with Modern Woodmen Bank to permit such monitoring, to confirm that you have satisfied your obligations. You are responsible for keeping all user names and passwords secret and confidential, and for any communications or transactions that are made using your user names and passwords and any other obligation which may result from such use. You are responsible for requesting a new user name and password if you believe that any of your user names or passwords have been stolen or might otherwise be misused. You shall take appropriate actions to address incidents of unauthorized access to information concerning original checks and electronic checks maintained by you, including notifying Modern Woodmen Bank as soon as possible of any such incident and fully informing Modern Woodmen Bank of the details of any such incident. You will report any breach of confidentiality promptly to Modern Woodmen Bank.
 
When using eDeposit by mobile device, you understand that electronic checks captured using your mobile device are stored on the device only until the associated deposit has been successfully submitted. You agree to promptly complete each deposit. In the event that you are unable to promptly complete your deposit, you agree to ensure that your mobile device remains securely in your possession until the deposit has been completed or to delete the associated electronic checks from the software application or mobile device.
 
COMPLIANCE WITH LAW - You agree to comply with all laws, rules and regulations that apply to banking transactions, including the rules of the National Automated Clearing House for ACH transactions. You will agree to use the Express Deposit and Mobile Express Deposit for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit electronic checks that are acceptable for deposit and have handled the original checks in accordance with applicable laws, rules and regulations.
 
Revised September 1, 2018