IMPORTANT: TO ENROLL IN OUR REMOTE DEPOSIT CAPTURE SERVICES (THE “SERVICES”) YOU MUST CONSENT TO RECEIVE NOTICES AND INFORMATION ABOUT THE SERVICES ELECTRONICALLY. YOU MUST HAVE THE ABILITY TO RECEIVE AND RETAIN ELECTRONIC COMMUNICATIONS BEFORE YOU ACCEPT THE TERMS OF THIS AGREEMENT. THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH YOU MAY UTILIZE THE VARIOUS FEATURES OF THE SERVICES, AS MORE FULLY EXPLAINED BELOW. BY USING THE SERVICES YOU CONSENT TO RECEIVE INFORMATION ELECTRONICALLY AND AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. WE RESERVE THE RIGHT TO PROVIDE INFORMATION ABOUT THE SERVICES TO YOU BY NON-ELECTRONIC MEANS.
This Agreement, along with any other documents we give you pertaining to your account(s), is a contract that establishes rules which control your account(s) with us. Throughout this Agreement, Atlantic Capital Bank, NA is referred to as “Bank,” “we,” “us,” or “our” (including any other company controlled by us and our respective successors or assigns) and the person or entity using one or more of the Services is referred to as “you,” or “your” (including consumers, sole proprietors and other eligible small businesses) or all such customers if this is a joint account. This document, along with any other documents we give you pertaining to your account(s), is a contract that establishes rules which control your account(s) with us. Please read this carefully and retain it for future reference. You may access a copy of this Agreement at any time by clicking the “Disclosure” link on our web site. Your continued use of the Services constitutes your acceptance of the terms and conditions contained in this Agreement.
REMOTE DEPOSIT CAPTURE
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 us or our designated processor.
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 us will be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code as adopted in the State of Georgia. You agree that you will not use the Services to scan and deposit the following checks or items:
- Checks or items received not made payable to you directly;
- 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 payable jointly, unless deposited into an account in the name of all payees;
- Checks or items previously converted to a substitute check, as defined in Reg 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 Reg CC;
- Checks or items not payable in United States currency;
- Checks or items dated more than six (6) months prior to the date of deposit;
- Checks that have previously been submitted through the Services or through a remote deposit capture service offered at any other financial institution; and
- Checks or items prohibited by our current procedures relating to the Services or which are otherwise not acceptable under the terms of your account.
The image of an item transmitted to us 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.
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 we 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.
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 us that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
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 we receive payment for the funds submitted. We may make such funds available sooner based on such factors as creditworthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as we, in our sole discretion, deem relevant.
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. We may change the fees for use of the Services at any time pursuant to the section titled “Changes in Terms/Fees” below. You authorize us to deduct any such fees from any account held with us in your name.
Retention of Transmitted Items
Upon your receipt of a confirmation from us that we have received the image of an item, you agree to prominently mark the item “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 forty-five (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 us as requested to aid in the clearing and collection process, to resolve claims by third-parties with respect to any item, or for our audit purposes.
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.
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 banking day or you may deposit the item at any Bank branch.
Hardware and Software
In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by us from time to time. We are 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.
You agree to notify us of any suspected errors regarding items deposited through the Services right away, and in no event later than sixty (60) days after the applicable Bank account statement is sent. Unless you notify us within sixty (60) days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against us for such alleged error.
The manner in which the items are cleared, presented for payment, and collected shall be in our sole discretion subject to any other terms and conditions governing your account.
We process 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. We capture items for collection through the Federal Reserve Bank’s image-based check clearing process using “bank of first deposit” status. We become a “reconverting bank” whereby we 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 other account documents for further information.
Ownership & License
You agree that we retain 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 our business interests (as deemed by us in our sole discretion), or (iii) to our 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.
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.
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 THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT-LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF.
You agree to indemnify, defend, and hold us 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.
User Warranties and Indemnification
You warrant to us that:
- You will only transmit eligible items;
- Images will meet the image quality standards;
- You will not transmit duplicate items;
- You will not deposit or represent the original item that was transmitted electronically;
- All information you provide to us is accurate and true;
- You will comply with this Agreement and all applicable rules, laws and regulations; and
- You agree to indemnify and hold us harmless from any loss for breach of this warranty provision.
Changes in Terms/Fees
We 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.
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.
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. 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 other documents governing your account(s), whether furnished at the time of account opening or otherwise. 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. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.