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Atlantic Capital Bank On-Line Banking Access Agreement
The Services are designed to allow you online and mobile access to various features associated with your account(s) at Atlantic Capital Bank. Other agreements you have entered into with Atlantic Capital Bank govern your Atlantic Capital Bank account(s).
The Services have been designed to reduce the possibility of fraud and error by placing the issuance of a user ID and password (the “Access Codes") under your control so that your accounts may be accessed only upon entry of valid Access Codes. You authorize Atlantic Capital Bank to treat any instructions made in connection with the Services with valid Access Codes as if the instructions had been made in writing and signed by you. Unless there is substantial evidence to the contrary, Atlantic Capital Bank’s records will be conclusive regarding any access to, or action taken through the Services. You are responsible for maintaining the confidentiality of the Access Codes and you will not allow any person (including another Atlantic Capital Bank customer or employee) to use the Access Codes. You agree to inform Atlantic Capital Bank promptly of any discrepancies that you discover. Atlantic Capital Bank will consider any access to the Services through use of valid Access Codes to be duly authorized, and Atlantic Capital Bank will carry out any instruction given regardless of the identity of the individual who is actually accessing the system. You confirm that Atlantic Capital Bank’s security systems and controls are commercially reasonable and appropriate for you. When you place an order for a funds transfer, Atlantic Capital Bank may follow a security procedure established for your protection that may entail a telephone call or other required contact with or from you prior to acting upon your instructions. In certain instances, Atlantic Capital Bank may also decline to act upon your instructions. Atlantic Capital Bank may employ other controls to verify your identity as a condition to granting access including the collection and use of data that authenticates you or your computer. You agree to these security procedures, and acknowledge that if contacted, either by telephone or electronically, you will act or respond in compliance with requests resulting from these security procedures and will be bound by any resulting transfer or decision not to act upon your instructions or to deny access to persons purporting to be you. You agree that if we offer you services appropriate for your account to help identify and limit fraud or other unauthorized transactions against your account(s) and you reject those services, you will be responsible for any fraudulent or unauthorized transactions which could have been prevented by the services we offered, unless we acted in bad faith or to the extent our negligence contributed to the loss.
Notice of Your Liability (Applicable to Consumer Accounts Only)
Tell us AT ONCE if you believe your Access Codes have been lost, stolen, or otherwise compromised. Telephoning is the best way of minimizing your possible losses. You could lose all the money in your account plus the maximum amount available on any associated overdraft lines of credit. If you tell us within 2 business days after you learn of the loss or theft of your Access Codes involving a consumer account, you can lose no more than $50.00 if someone used them without your authority. If you do NOT tell us within 2 business days after you learn of the loss or theft of your Access Codes, and we can prove that we could have stopped someone from using them without your authority if you had told us, you could lose as much as $500.00. Also, if your statement for a consumer account shows transfers covered by this Agreement that you did not make or authorize, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time.
Contact in the Event of Unauthorized Transfer
If you believe your Access Codes for the Services have been lost, stolen, or otherwise compromised, or that someone has transferred or may transfer money from your account without your permission:
Call us immediately at:
Or write us at:
Atlantic Capital Bank
Customer Service Center
PO Box 550889
Atlanta, GA 30355
Bank Liability (Applicable to Consumer Accounts Only)
If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
• If you do not have enough money in your account to make the transfer or payment;
• If the transfer or payment would go over the credit limit on your overdraft line;
• If the Services or your personal computer, modem, mobile device, data network or cellular network were not working properly or malfunctioned when you started a transfer or payment;
• If any information provided by you about the payee is incorrect;
• If there are any delays in the handling of the payment by the payees;
• If you were aware the Atlantic Capital Bank proprietary ATM, network cash machine or POS outlet terminal was out of order and you used it anyway;
• If circumstances beyond our control prevented the proper completion of the transaction, despite reasonable precautions taken by us. Such circumstances include, but are not limited to, fire, flood, tornado, delays in the U.S. Mail, delays caused by the recipient’s policies and procedures, or other uncontrollable circumstances such as power failure or the quality of your internet connection;
• If funds in your account are subject to legal process or other restrictions prohibiting the transfer, such as garnishment, seizure, or receivership;
• If it can be shown that the merchant or payee received the payment within the normal delivery timeframe and failed to process the payment through no fault of Atlantic Capital Bank or its service providers;
• If you are attempting to defraud us or we suspect fraud on your account; or
• If other applicable laws and/or regulations exempt us from liability.
Risk of Loss
In the event of a system failure or interruption, your data may be lost or destroyed. Any transaction(s) that you initiated, were in the process of completing or completed shortly before a system failure or interruption should be verified by you through means other than the Services to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction(s) so affected.
Error Resolution Notice
Your account and use of the Services are governed by Regulation E and/or the Disclosures previously provided. In case of errors or questions about your electronic transfers:
Call us at:
Or write us at:
Atlantic Capital Bank
Customer Service Center
PO Box 550889
Atlanta, GA 30355
You will receive a periodic account statement from us for your deposit accounts. The payee name, payment amount, and transaction date will be reflected for each payment made through the Services. You agree to review your periodic statements in accordance with this and any other agreements governing your accounts, including your account terms and conditions, for accuracy of all data transmitted through the Services within 60 days of receipt or when made available.
No Signature Requirements
When any payment or other on-line service generates items to be charged to your account, you agree that we may debit the designated account, or the account on which the item is drawn, without requiring your signature on the item and without any notice to you.
Atlantic Capital Bank may, from time to time, introduce new services. We will update this Agreement to notify you of the existence of such new services. By using any new services when they become available, you agree to be bound by the terms contained in this Agreement as it may be changed from time to time.
You agree that by using the Services, all notices or other communications which we may be required to give you arising from our obligations under this Agreement or the Service may be sent to you electronically to any electronic mailbox we have for you, or at our option, another electronic mail address you provide to us or in any other manner permitted by law and as applicable under the Electronic Signatures in Global and National Commerce Act (E-Sign), and you agree that you will not attempt to circumvent receiving any electronic messages. You are deemed to have received any electronic messages sent to you when they are made available to you. You may print a copy of such communications using the "print" function of your software, or you may request that Atlantic Capital Bank mail you a paper copy of such communication by contacting Atlantic Capital Bank at the telephone number or address provided herein. Generally, we cannot act on instructions sent by you from an email address alone. If, for any reason your external email address changes or becomes disabled, please contact Atlantic Capital Bank immediately so that we may continue to provide you with automated messages. Because we may also use external email to send important notices about service and privacy changes, we require that every Online Banking customer provide us with a valid and current external email address. You are responsible for providing us with a valid email address and you may notify us of any changes to your external email address through Online Banking or by calling us at (877) 764-2265.
Preauthorized Payments through BillPay
If you set up Online Banking to make regular payments out of your account through the BillPay feature, you can stop any of these payments. Use your personal computer to access Online Banking and alter both the payment amount and/or the payment date at any time prior to 5:00 p.m. Eastern Standard Time (EST) on the third bank business day prior to the scheduled delivery date. Or you may call us at (877) 764-2265 at any time prior to 5:00 p.m. Eastern Standard Time (EST) on the third bank business day prior to the scheduled delivery date. We must receive your request three (3) bank business days or more before the payment or transfer is scheduled to be delivered. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. If you call or write to cancel a payment or transfer that is pending, you will be charged for a stop payment in accordance with the agreement for the appropriate linked account. Fees will be charged in accordance with any applicable disclosures provided to you by Atlantic Capital Bank.
NOTE: Stop payment orders cannot be placed through Mobile Banking.
Information about your account(s), transaction(s) or location may be shared if:
• It is necessary to verify the existence and condition of your account to a third party such as a credit bureau or merchant;
• It is necessary to comply with a governmental agency or court order;
• You give us permission, which we may require to be in writing;
• It is necessary to collect information for internal use, the use of our service providers, and our servicing agents and contractors concerning our electronic funds transfer or BillPay service;
• It is necessary to complete any transaction or feature you are requesting;
• It involves a claim by or against us concerning a deposit to or a withdrawal from your account;
• We are required or permitted to do so under state or federal laws and/or regulations; or
• We must share such information with our affiliates to enable us to provide you faster and better service as well as special products or promotions.
These Services are not intended for use by children under the age of 13, and we do not knowingly collect information from these Services from children under the age of 13.
This Agreement will remain in effect until it is terminated by you or Atlantic Capital Bank. Atlantic Capital Bank may cancel this Agreement and terminate your use of the Services for any reason, at any time. We will try to notify you in advance of any termination by us, but we are not obligated to do so. Termination will not affect your liability under this Agreement for transactions that we have processed on your behalf. You may terminate this Agreement at any time by calling us at (877) 764-2265, by visiting our bank, or by writing to us at Atlantic Capital Bank, PO Box 550889, Atlanta, GA 30355. You must notify us within ten (10) days prior to the date you wish to cease access to the Service. We may require you to put your request in writing. If you have scheduled payments within this ten (10) day period, you are required to cancel those payments according to the instructions in the section titled “Preauthorized Payments through BillPay”. You will be responsible for payments with transaction dates during the ten (10) days following our receipt of your written notice of termination if you do not cancel those payments.
Virus and Malicious Code Protection
Atlantic Capital Bank is not responsible for any electronic virus or other malicious software that you may encounter. We encourage our customers to routinely scan their personal computers, mobile devices, and storage devices using a reliable virus and spyware product to detect and remove any viruses or other malicious software. Undetected viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.
This Agreement and its enforcement shall be governed by the laws of the State of Georgia, without regard to any choice of law provision, and shall inure to the benefit of our successors and assigns, whether by merger, consolidation, or otherwise. The account(s), products, and features accessed through these Services shall be governed by all applicable laws and account terms and conditions. We will not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. If any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of this Agreement and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.
The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
This agreement may not be assigned to any other party by you. We may assign this Agreement or delegate any of our obligations hereunder, in part or whole, to any third party.
Changes in Terms/Fees
Atlantic Capital Bank may at any time change the Services and the terms and conditions governing same, including any fees, whether set forth in this Agreement or disclosed to you separately. You will be notified of any such changes as required by applicable law, either by mail or by an electronic message. You understand that by using the Services after any changes becomes effective, you have agreed to the change(s). If you do not agree with the change(s), you must notify us in writing prior to the effective date to cancel your access. Amendments or changes to terms or conditions may be made without prior notice if they do not result in higher fees, more restrictive service use, or increased liability to you. You may not change any of the terms and condition, including any terms and conditions governing fees, without our prior written approval.
You acknowledge and agree that you are personally responsible for your conduct while using the Services and agree to indemnify and hold us and our officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to, reasonable attorneys' fees) that we may incur in connection with a third party claim or otherwise arising out of, or in connection with, this Agreement, the Services, or any actions taken by Atlantic Capital Bank pursuant to your instructions. including, but not limited to, your violation of this Agreement or the rights of any third party (including, any privacy rights). Your obligations under this paragraph shall survive termination of this Agreement.
Obey the Law
You agree not to use the Services for illegal purposes for the transmission of material that is unlawful, harassing, defamatory, invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the rights of others. You agree that (1) you will not engage in any activities related to the Services that are contrary to applicable law, regulation or the terms of any agreements you may have with Atlantic Capital Bank, and (2) in circumstances where locations of the Services require identification for process, you will establish commercially reasonable security procedures and controls to limit access to your Access Codes or other identifying information to authorized individuals.
Limitation of Liability; No Warranties
EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO THE EQUIPMENT, BROWSER AND/OR THE INSTALLATION OR MAINTENENACE THEREOF, ACCESS TO OR USE OF THE SERVICES, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER OR DEVICE HARDWARE OR SOFTWARE, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE IN CONNECTION WITH THE SERVICES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE ONLINE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE IN CONNECTION WITH THE SERVICES. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS.
In the event of a dispute arising under or relating in any way to this Agreement or to Services provided under this Agreement, you and we agree to resolve this dispute by looking to the terms of this Agreement. If there is a conflict between any statement made by a representative of Atlantic Capital Bank and the terms of this Agreement, the terms of this Agreement shall control.
YOU HEREBY AGREE THAT ANY DISPUTE OR CLAIM ARISING UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT OR TO THE SERVICES, REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE ANY AND ALL CLAIMS ARISING UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT OR TO THE SERVICES, WHETHER ASSERTED AS ORIGINAL OR PRIMARY CLAIMS, COUNTERCLAIMS, CROSS CLAIMS, THIRD-PARTY CLAIMS, OR CLAIMS MADE BY WAY OF INTERPLEADER. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BRING A CLASS ACTION TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION AGAINST US TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY.
The party filing any claim(s) in arbitration must file its claim(s) before the American Arbitration Association (“AAA”) under the rules of such arbitration administrator in effect at the time the claim(s) was filed. Rules and forms may be obtained and claims made may be filed at American Arbitration Association, 2200 Century Parkway, Suite 300, Atlanta GA 30345-3203, www.adr.org. Any arbitration hearing that you attend shall be held at a place chosen by the arbitrator or arbitrator administrator within the federal district in which you reside at the time the claim is filed, or at some other place to which you and we agree in writing. Judgment upon any arbitration award may be entered in any court having jurisdiction. This binding arbitration provision applies to any claims regarding the validity of any part of this Agreement, including the applicability of this arbitration clause.
This Arbitration Agreement shall survive: (1) cancellation, termination or changes in the Agreement; and (2) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf. If any portion of this Arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in full force and effect. This provision is governed by all relevant arbitration laws.
Compliance Program Overview
The USA PATRIOT ACT, Public Law 107-56, enhances the anti-money laundering compliance requirements for banks and other financial institutions. In accordance with Title III of the USA PATRIOT ACT, and applicable federal regulations, Atlantic Capital Bank has adopted policies, procedures and controls designed to provide for the continued administration of an anti-money laundering program reasonably considered to assure and monitor compliance with the record keeping and reporting requirements of the Bank Secrecy Act, as amended. The program is reviewed and modified as necessary in response to applicable statutory and regulatory changes. Core features of the anti-money laundering compliance program implemented by Atlantic Capital Bank include the following:
• Designated Bank Secrecy Act and Anti-Money Laundering Compliance Officer
• Internal Policies and Procedures applicable throughout the Corporation designed to comply with all applicable statutory and regulatory requirements and FATF anti- money laundering standards
• Detailed Wire Transfer Request Procedures
• Suspicious Activity Monitoring and Reporting
• Customer Identification Program
• Employee Training Program
• Independent Audit Review
• Reporting of Large Currency Transactions
• Office of Foreign Assets Control (OFAC) Monitoring
• Compliance with Record Retention Requirements
• Prohibition on Correspondent Accounts with Foreign Shell Banks
• Cooperation and Information Sharing with Law Enforcement
Notice To Correspondent Account Holders
Pursuant to U.S. regulations issued under Section 311 of the USA PATRIOT ACT, we are prohibited from opening or maintaining a correspondent account for, or on behalf various entities identified by the United States of America’s Department of the Treasury.
CONSUMER REMOTE DEPOSIT CAPTURE AGREEMENT
This Agreement contains the terms and conditions for the use of any remote deposit capture services that Atlantic Capital Bank (“us” or “we”) may provide to you (“you” or “User”). Other agreements you have entered into with Atlantic Capital Bank govern your Atlantic Capital Bank account, including the Terms and Conditions of Your Account.
1. Services. The remote deposit capture services (the “Services”) are designed to allow you to make deposits to your checking, savings, or money market savings accounts from home, a compatible mobile device or other remote locations by scanning or photographing checks and delivering the images and associated deposit information to Atlantic Capital Bank or Atlantic Capital Bank’s designated processor.
2. Acceptance of these Terms. Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via e-mail or on our website(s) by providing a link to the revised Agreement. Your continued use of the Services will indicate your acceptance of the revised Agreement. Further, Atlantic Capital 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 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, 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. Fees. A fee may be charged for the Services. You are responsible for paying the fees for the use of the Services. Any fee that is charged will be disclosed prior to your deposit. Please consult with your Schedule of Fees and Charges/Truth in Savings Disclosure for a list of current fees and expenses. Atlantic Capital Bank may change the fees for use of the Services at any time pursuant to the section titled "Acceptance of these Terms" above. You authorize Atlantic Capital Bank to deduct any such fees from any account held with Atlantic Capital Bank in your name.
5. Eligible items. You agree to scan or capture and deposit only checks as that term is defined in Federal Reserve Regulation CC (“Reg CC”). You agree that the image of the check transmitted to Atlantic Capital Bank shall be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code as adopted in Georgia. You agree that you will not use the Services to scan and deposit the following checks or items:
a. Checks or items received not made payable to you directly.
b. 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.
c. Checks payable jointly, unless deposited into an account in the name of all payees.
d. Checks or items previously converted to a substitute check, as defined in Reg CC.
e. Checks or items drawn on a financial institution located outside the United States.
f. Checks or items that are remotely created checks, as defined in Reg CC.
g. Checks or items not payable in United States currency.
h. Checks or items dated more than six (6) months prior to the date of deposit.
i. Checks that have previously been submitted through the Services or through a remote deposit capture service offered at any other financial institution.
j. Checks or items prohibited by Atlantic Capital Bank’s current procedures relating to the Services or which are otherwise not acceptable under the terms of your Atlantic Capital Bank account.
6. Image Quality. The image of an item transmitted to Atlantic Capital Bank using the Services must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, NACHA, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.
7. Endorsements and Procedures. You agree to properly endorse all items transmitted through the Services in addition to adding “For Deposit Only, Atlantic Capital Bank Account #_________________”. You agree to follow any and all other procedures and instructions for use of the Services as Atlantic Capital Bank may establish from time to time. The automated processing of the large volume of checks we receive prevents us from inspecting or looking for special instruction, other restrictive endorsements or restrictive legends on every check. For this reason, we are not required to honor any restrictive endorsements other than the one noted above, or any restrictive legends placed on checks deposited using this service. We are not responsible for any losses, claims, damages or expenses that result from placement of these or any other special instructions on your deposited checks.
8. Receipt of Items. We reserve the right to reject any item transmitted through the Services, 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 Atlantic Capital Bank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
9. Availability of Funds. You agree that items transmitted using the Services are subject to the funds availability requirements of Federal Reserve Board Regulation CC. Funds deposited using the Services will be available after Atlantic Capital Bank receives payment for the funds submitted. Atlantic Capital Bank may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as Atlantic Capital Bank, in its sole discretion, deems relevant.
10. Retention of Transmitted Items. Upon your receipt of a confirmation from Atlantic Capital Bank that we have received the image of an item, you agree to prominently mark the item as “Electronically Deposited” and to securely store the item so that it is not represented for payment. And, you agree never to represent the item. You must establish Security Procedures to safeguard original checks during the retention period to prevent the risk of theft; reproduction; unauthorized use; or the possibility of any fraudulent activity. You agree to retain any original check that has been deposited through the Services for a maximum of 45 banking days in order to verify settlement and credit or to balance periodic statements. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to Atlantic Capital Bank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for Atlantic Capital Bank’s audit purposes.
11. Destruction of Transmitted Items. After the retention period, you agree to destroy and dispose of original checks with the proffered method of disposing being to shred all items post-retention.
12. Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Services to modify such limits from time to time. Should you exceed either of these limits, you will be notified and will not be allowed to complete the deposit using the Services. You will have to wait until the next Business Day or you may deposit the item at any Atlantic Capital Bank branch.
13. Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by Atlantic Capital Bank from time to time. Atlantic Capital Bank is not responsible for any third party software you may need to use the Services. 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.
14. Errors. You agree to notify Atlantic Capital Bank of any suspected errors regarding items deposited through the Services right away, and in no event later than 60 days after the applicable Atlantic Capital Bank account statement is sent. Unless you notify Atlantic Capital Bank within 60 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against Atlantic Capital Bank for such alleged error.
15. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in Atlantic Capital Bank’s sole discretion subject to the Depository Agreement, Terms and Conditions, and Disclosures governing your account.
16. Check Processing. Atlantic Capital Bank processes items mechanically by relying solely on the information encoded in magnetic ink along the bottom of the items. This means that we do not individually examine all of your items to determine if the item is properly completed, signed and endorsed or to determine if it contains any information other than what is encoded in magnetic ink. You agree that we have not failed to exercise ordinary care solely because we use our automated system to process items and do not inspect all items processed in such a manner. Using an automated process helps us keep costs down for you and all account holders.
17. Returned Items. Atlantic Capital Bank captures items for collection through the Federal Reserve Bank’s image based check clearing process using bank of first deposit status. Atlantic Capital Bank becomes a “reconverting bank” whereby it must make certain standard representations and warranties to banks downstream in the check clearing process. You agree to comply with all aspects of the provisions of Check 21. Please refer to your Account Terms and Conditions, as well as the Check 21 Disclosure for further information.
18. Ownership & License. You agree that Atlantic Capital Bank retains all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services 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 Services. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to Atlantic Capital Bank’s business interest, or (iii) to Atlantic Capital Bank’s actual or potential economic disadvantage in any aspect. You may use the Services only for non-business, 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 Services.
19. 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 NON-INFRINGEMENT. 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.
20. 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 ATLANTIC CAPITAL BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
21. Indemnification. You agree that you will indemnify, defend, and hold Atlantic Capital Bank harmless for any loss, liability, damage or expense that occurs because of your endorsement, another endorsement or information you have printed on the back of the check obscures our endorsement. These endorsement guidelines apply to both personal and business checks.
22. User warranties and indemnification. You warrant to Atlantic Capital Bank that:
a. You will only transmit eligible items.
b. Images will meet the image quality standards.
c. You will not transmit duplicate items.
d. You will not deposit or represent the original item that was transmitted electronically.
e. All information you provide to Atlantic Capital Bank is accurate and true.
f. You will comply with this Agreement and all applicable rules, laws and regulations.
g. You agree to indemnify and hold harmless Atlantic Capital Bank from any loss for breach of this warranty provision.
23. Other terms. You may not assign this Agreement. This Agreement is entered into in Atlanta, Georgia and shall be governed by the laws of the State of Georgia and of the United States. You agree to comply with all applicable laws, rules, and regulations relating to the Services and checks you deposit, including, without limitation, the Automated Clearing House Rules and Regulations and The Check Clearing for the 21st Century Act and Regulation CC promulgated by the Federal Reserve Board thereunder (“Check 21”). This includes, but is not limited to sanction laws administered by the Office of Foreign Assets Control (OFAC). It shall be your responsibility to obtain information regarding such OFAC enforced sanctions. Furthermore, you are required to adhere to all Regulation CC disclosures that are defined by the account opening Signature Cards and Arbitration Agreement furnished at time of account opening and defining the appropriate method for claim disputes maintained by Atlantic Capital Bank as part of the compliance program set and in accordance with State and Federal law. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.