Executive National Bank CEB Internet/Bill Pay Agreement/Mobile Deposit Service Agreement
This Agreement contains terms and conditions related to the Executive National Bank Internet Banking Service (s) “Service (s)”, including CEB, the Executive National Bank Internet Bill Pay Service and Executive National Bank Mobile Deposit Service. I understand that by using CEB and/or Bill Pay and/or Mobile Deposit I agree to the terms & conditions applicable to the Service(s), which are described in this agreement. Bill Pay and Mobile Deposit requires you to have CEB service. This Agreement includes disclosures required by the Electronic Funds Transfer Act as some of the features of the Service(s) are governed by the Act when applied to consumer accounts.
I understand that I should keep a copy of this Agreement and refer to it for assistance in answering questions as regards the Service(s) described.
General Terms & Conditions
Definition of Terms:
“Agreement” refers to this disclosure including those terms & conditions described.
“Business Day” means Monday through Friday, excluding Federal Reserve holidays.
“Cutoff Time” means 4:00 p.m. Eastern Time on any Business Day for funds transfer and Mobile Deposit and 9:00 p.m. for Bill Pay. It is the time by which you must transmit Transfer Instructions and Mobile Deposit to have them considered entered on that particular Business Day.
“You”, “your” refers to each person who uses the Service and to each person who uses the Service(s) with the permission of the subscriber.
“Internet Access Device” means your personal PC or Web TV.
Definition of Service:
CEB is an electronic banking service that permits the user, by means of an Internet Access Device to:
- View accounts
- Transfer funds between designated bank accounts with common ownership
- Access Bill Pay if contracted for
- View your e-statement and item images
- View & print disclosure notices
Service by which the Bank is directed to debit the customer’s Payment Account, remitting payments to designated Payees.
Service, which allows you to make single item deposits to an eligible account electronically by using a supported mobile device with a camera to create an image of a paper check and transmitting it and the related deposit data to us using the ENB Mobile Banking app (a “Mobile Deposit”).
Authorization to Debit Deposit Account:
The Payment Account(s) so designated may be accessed for withdrawal and transfer. The Bank reserves the right to limit the type of account that may be accessed.
In the case of a personal account, the authorized user assumes all responsibility for Payment(s) and Transfers authorized using the Service(s). The authorized user should not give or make available the password or Access ID to unauthorized users. If the authorized user permits another person to use the Service(s) by giving them the appropriate Access ID and password, the authorized user is responsible for all transactions initiated by that user until such time as the Bank is notified of the situation and a new password has been selected.
In the case of a non-personal account the registered entity assumes the responsibility for all Payment(s) or Transfers initiated by any personnel they so authorize. The entity remains responsible until such time as the Bank is notified and a new password selected. If a password or other means to access an account is believed to be lost or stolen or that someone may attempt to use the Service(s) without consent or permission, the authorized user must notify the Bank at once by calling their local branch during normal customer service hours at the respective branch telephone number indicated above.
No Signature Required:
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 without requiring your signature on the item and without any notice to you.
If the available balance in the Payment Account is at anytime insufficient to support any Payment or Transfer authorized, the provisions of your Automatic Transfer Agreement will not apply and no transfer will be instituted to cover the insufficiency. The Payment will be rejected after trying for five (5) Calendar Days. The Bank will contact you advising you to make alternative payment arrangements. The Bank cannot guarantee a replacement Payment can reach the Payee in a timely manner.
eBanking users must meet minimum system requirements. Visit https://www.ExecutiveBank.com/BrowserRequirement/ to read the current security and application requirements for eBanking.
The customer is solely responsible for the installation, maintenance, and configuration of hardware and software maintained on their Internet Access Device for the use of eBanking. The customer is responsible for operating security procedures on their individual Internet Access Device with which they access eBanking.
The Bank will not be responsible for the inability to access eBanking for reasons beyond its control, including but not limited to:
- the use of incompatible and/or deficient equipment or software
- problems associated with Internet browsing software
- connectivity problems
Executive National Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their PC and diskettes using a reliable virus product to detect and remove any viruses. Undetected viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.
Limits & Restrictions on Payments & Transfers:
There is a maximum dollar limit on any Payment or Transfer equal to the available balance in your Payment Account. The Bank has the right to set a maximum dollar limit for Payments & Transfers.
Per regulation the aggregate number of transfer(s), pre-authorized transfer(s) and automatic transfer(s) from any money market or savings account cannot exceed six (6) per month. These transfers may include check, draft, debit card, or similar order (including POS) transactions made by the depositor and payable to third parties. Please consult your account disclosures for a more complete discussion of applicable restrictions.
E-Mail communications should be deemed to be only minimally secure, therefore personal or private information should not be transmitted in this manner. Examples of private information include, but are not limited to:
- account numbers with the Bank
- social security numbers
- credit or debit card numbers
- address or telephone numbers
With the understanding that electronic mail may not be entirely secure or confidential and the originator of the E-Mail cannot be positively confirmed, the Bank will be held harmless if, acting in good faith, and exercising normal care, it complies with the instructions received by E-Mail purported to be sent by its customer. The Bank shall not be liable for loss or damage incurred by its customer in the situation where an authorized person gained access to an E-Mail communication.
The Bank will communicate with you via E-Mail only when it is unable to reach you via the phone numbers currently on file. In our effort to protect your privacy, we will transmit only cursory information, asking you to contact our office as soon as possible. Executive National Bank will not request any confidential information via E-Mail. DO NOT provide any confidential information via E-Mail. Someone trying to obtain confidential information is “phishing” or “farming”. Please click on online security for more detail on how to protect yourself from identity theft.
You may access CEB and utilize those services agreed upon by accessing the Executive National Bank Home Page https://www.executivebank.com/. The user will be given a temporary password with instructions to change and select a permanent and secret password upon using the Service for the first time. The Bank retains the right to charge an appropriate fee for this service if it is deemed appropriate. The Bank will not be held responsible for inaccurate or incomplete transactions made in accordance with these terms & conditions due to the incomplete or improper use of the customer’s secret and confidential password.
Address or Banking Changes:
You agree to promptly notify the Customer Service Department at your respective branch of any address change. You will be required to request the change in writing. The purpose of requesting a change of address in writing is to protect you from identity theft.
Customers’ Liability for Unauthorized Use:
Tell us AT ONCE if you believe your password has become known to an unauthorized person or if an unauthorized Payment has occurred involving your Payment Account. Telephoning is the best way of keeping your possible losses down. You can lose all the money in your Payment Account. If you tell us within two (2) Business Days, you can lose no more than $50.00 if someone uses your password without your permission. If you do not tell us within two (2) Business Days after learning that your password has become known by an unauthorized person and the Bank can prove that it could have stopped someone from using the password without the customer’s permission if the Bank had been told, you could be liable for as much as $500.
If your statement shows Payments or Transfers that you did not make, tell the Bank at once. If you do not tell the Bank within sixty (60) days after the statement was mailed to you, you may not get any money back that was lost after the sixty (60) days if the Bank can prove that it could have stopped someone from making such Payments or Transfers if the Bank had been notified in time.
If an extenuating circumstance, such as an extended travel or hospitalization, kept you from notifying the Bank, the time periods specified shall be extended to a reasonable time.
Errors or Questions:
In case of errors or questions about your transactions, you should contact the customer service representative at your branch or write to the Bank at: Executive National Bank
13450 SW 126 Street
Miami, FL 33186
If you think that your statement is wrong or you need more information about a transaction listed on the statement, the Bank must be contacted no later than sixty (60) days after you received the FIRST statement by mail or e-statement on which the problem or error appeared. You must:
- Tell the Bank your name and Account Number
- Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and,
- Tell the Bank the dollar amount of the suspected error.
If you notify the Bank verbally you will be required to send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. If the Bank needs more time, however we may take up to forty-five (45) days to investigate the complaint or question. If the Bank decides to do this, your Payment Account will be provisionally credited within ten (10) Business Days for the amount you think is in error so that you may have the use of the money during the time it takes us to complete the investigation. If you are asked to put your complaint or question in writing and it is not received by the Bank within ten (10) Business Days, the Bank may not provisionally credit your Payment Account. We will tell you the results within three (3) Business Days after we finish the investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of documents, which were used by the Bank in its investigation. These EFT Error Resolution procedures do not apply to business entities or business accounts.
Disclosure of Account Information to Third Parties:
It is the general policy of the Bank to treat your account information as confidential. The Bank will, however, disclose information to third parties about your account and/or the transactions you make only in the following situations:
- Where it is necessary for completing transactions;
- In order to verify the existence and condition of your account to a third party, such as a credit bureau or a Payee;
- To a consumer reporting agency for research purposes only;
- In order to comply with a governmental agency or court order; or,
- If you give the Bank written permission.
Alterations & Amendments:
This Agreement, applicable fees and service charges may be altered or amended by the Bank from time to time. In such event, the Bank will mail or deliver a written notice to you at least thirty (30) days before the effective date of any change in a term or condition disclosed in this Agreement, if the change would result in increased fees or charges, increased liabilities for you, fewer types of electronic funds transfers or stricter limitations on the frequency or dollar amounts of transfers, unless prior notice is excused by law. Any use of CEB or Bill Pay, after the Bank sends the customer such notice of change will constitute the customer’s agreement to such change.
The Bank shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Bank. No delay or omission on the part of the Bank 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.
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida as well as any applicable Federal Laws or Regulations.
Terms & Conditions Specific to Bill Pay:
Definition of Terms:
“Cutoff Time” means 4:00 p.m. Eastern Time on any Business Day for funds transfer and 9:00 pm for Bill Pay. It is the time by which you must transmit Payment Instructions to have them considered entered on that particular Business Day.
“Payee” means the person or entity to whom a bill payment is directed.
“Payment Account” refers to the checking or money market account designated by you, from which all bill payments will be made.
“Payment Instruction” means the information provided by you to the Bank to facilitate a bill payment to be made to a designated Payee. (Examples include but are not limited to; Payee name, Payee account #, and Payment date.)
“Payment(s)” means an electronic Bill Pay transfer of funds from your Payment Account to a Payee by means of a check or electronic transfer.
- “Recurring Payment(s)” means Payments which occur at regular intervals.
- “On Demand Payment(s)” means Payment(s) for a specific amount on a specific date but not recurring.
- “Payment Date” means the date on which your payment is to be received by the Payee or the Payee’s due date. The Payment Date is five (5) Business Days (excluding holidays) after the Scheduled Transmit Date. “Scheduled Transmit Date” means the Business Day of your choice upon which your bill payment will begin processing and your Payment Account will be debited.
The accessing of Bill Pay utilizing a secret password will be viewed as authentication of any requested transaction. The customer will be deemed to have signed any necessary deposit, withdrawal, transfer or payment request. By providing the names and account information of specific Payees to whom payment is directed, the Bank will consider itself authorized to follow the Payment Instructions that it receives, debiting the Payment Account on the selected Transmit Date and remitting funds to the Payee on the customer’s behalf.
While it is anticipated that most transactions will be processed and completed on the next Business Day after the scheduled Transmit Date, and arrive approximately four (4) Business Days after the selected Transmit Date, it is understood that due to circumstances beyond the control of the Bank, particular delays in handling and posting payments by slow responding Payees, some transactions may take a day or more to be credited to the Payee account. For this reason it is necessary that all scheduled Transmit Dates selected be no less than five (5) Business Days before the actual due date, not the late date and/or a date in the grace period. (For example; a payment should be entered no later than Monday before 8:00 P.M. eastern time for a payment to be processed on Tuesday, with an expected arrival date of Friday).
Payments entered after the Cut-Off Time or on non-Business Days will be considered entered on the next Business Day. You understand that debiting your Payment Account for scheduled payments may result in other items not being paid. In this event, you will not hold the Bank responsible for wrongful dishonor.
If you properly follow the procedures described herein, and the Bank fails to send a payment according to the Payment Instructions received, the Bank will bear responsibility for late charges ($50 maximum). In any other event, including, but not limited to, choosing a Scheduled Transmit Date less than five (5) Business Days before the actual payment due date, the risk of incurring and the responsibility for paying any and all late charges or penalties shall be borne by the customer.
A bill payment is a “Pending Payment” starting from the time you enter Payment Instructions until the Cutoff Time on the Business Day prior to the Scheduled Transmit Date. You may cancel or edit any Pending Payment (including recurring payments) via the “Change Payment Screen”.
Vendor information, once transmitted (clicking the “Next” button), cannot be edited by the user. You must call your Customer Service Representative at your respective branch to change the input information. It is a requirement of Bill Pay that the Zip Code and telephone number of the Payee match exactly in order for the Bill Pay process to be completed. As this field cannot be edited by the user once uploaded, special care must be taken in entering vendor data. The Bank has the right to charge for edits required to be performed by Bank personnel.
Options for Scheduling Payments:
On Demand (One Time) Payments may be scheduled on the date you enter the Payment or on a future date. You may also choose to schedule Recurring Payments at regular intervals: Monthly, Quarterly, Semi-Annually, Annually, Weekly, Bi-Monthly or Bi-Weekly. You can enter a Payment or transfer through Bill Pay twenty-four (24) hours a day, seven (7) days a week. Cut-off times apply for processing Payments.
You will schedule Payments in terms of the Transmit Date. You must select a Transmit Date which allows sufficient time for the designated Payee to receive the Payment. If a Transmit Date falls on a non-Business Day, the Payment will not be deducted from your Payment Account and action by the Bank to forward the funds to the Payee will not begin until the next Business day.
Canceling a Recurring Payment:
To cancel a recurring payment you must enter zero ($0) in the Amount Field and enter a date a significant number of years in the future to ensure the payment not be processed. A simple process to totally cancel payments is in development.
Banks’ Liability for Failure to Make or Incorrectly Make a Payment:
The Bank will use its best efforts to make all your payments properly. However the Bank will not be held liable if it is unable to complete any Payment Order initiated by you because of the existence of any one or more of the following circumstances:
- The Payment Account does not contain sufficient funds to complete the transaction or the Payment Account has been closed.
- The Bank has placed a “hold” on funds in the Payment Account in accordance with the Banks’ rights under applicable law or agreement.
- A court order such as a garnishment or other legal process prevents the Bank from making the Payment.
- Bill Pay is not working properly and the customer, after being so notified, executes a Payment Order.
- The phone lines or the Bank’s computer systems were not working properly or were temporarily unavailable, and this problem should have been apparent to the customer attempting to make a Payment.
- The Payee mishandles or delays a payment sent by the Bank.
- The customer has not provided the Bank with the correct name, phone number or account information for the Payee.
- Circumstances beyond the Bank’ control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Bank has taken reasonable precautions to avoid these circumstances.
Provided none of the circumstances listed above are applicable and the Bank causes an incorrect amount of funds to be removed from the Payment Account of a customer or causes funds from the Payment Account to be directed to a Payee which does not comply with the Payment Instructions, the Bank shall be responsible for returning the improperly transferred funds to the customer’s Payment Account and for directing to the Payee any previously misdirected transactions.
The following payments are prohibited via Bill Pay:
- Tax payments
- Court Ordered Payments
- Payments to Payees outside the U.S.
The Bank reserves the right to refuse to pay any Payee to whom you direct a payment. The Bank is obligated to notify you promptly if it decides to refuse to pay a Payee designated by you. This notification is not required if you attempt to make a prohibited payment under this Agreement.
You will be charged a fixed fee per month for transactions up to the Bill Pay monthly maximum. This fixed fee will be charged regardless of whether the Service is used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Bank to charge your Payment Account for these amounts and any additional charges that may be incurred by you. Any fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
Termination or Discontinuation:
In the event you wish to discontinue Bill Pay, you must send written notification to 13450 SW 126 Street, Bay #12, Miami, Florida 33186. Such notice of service discontinuance must be supplied ten (10) days prior to the actual discontinuance date. Any payments scheduled after the discontinuance date you specified will not be made. The Bank may terminate service to you at any time and/or revoke your right to use Bill Pay.
In the event of a dispute regarding Bill Pay, you and the Bank agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the Agreement between you and the Bank, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Bank relating to the subject matter of this Agreement. If there is any inconsistency between what an employee of the Bank tells you and this Agreement, the terms of this Agreement prevail.
THE FOREGOING SHALL CONSTITUTE THE BANK’S ENTIRE LIABILITY AND THE CUSTOMER’S EXCLUSIVE REMEDY. IN NO EVENT SHALL THE BANK BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING LOST PROFITS ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE AND/OR THE SERVICE(S).
Terms & Conditions Specific to Mobile Deposit Service Agreement
As a subscriber to the Executive National Bank Mobile Deposit Service (the “Service”) this Agreement (“Agreement”) amends and becomes a part of the Executive National Bank CEB Internet/Bill Pay/Mobile Deposit Service Agreement, and other agreements, terms and conditions governing Customer’s Account(s) and/or any other services used by Customer in relation to such Accounts (collectively, the “Account Documentation”) between Executive National Bank and you.
The terms of those agreements are hereby ratified, affirmed and incorporated herein and shall continue to apply in all respects, as amended hereby. By accepting this Agreement, you agree to this Agreement. In the event of a conflict between this Agreement and the Account Documentation, this Agreement will govern.
This Mobile Deposit Service Agreement (“Agreement”) between you and Executive National Bank sets forth the terms and conditions of the Service, which allows you to make single item deposits to an eligible account electronically by using a supported mobile device with a camera to create an image of a paper check and transmitting it and the related deposit data to us using the ENB Mobile Banking app (a “Mobile Deposit”). Except as expressly provided in this Agreement, deposits made though the Service are subject to all limitations and terms set forth in the relevant Account Documentation governing your deposit account as it may be modified from time to time, including, but not limited to, those related to deposit acceptance, crediting, collection, endorsement, processing order and errors.
2. Service Requirements
Use of our Service requires that you have an internet enabled iPhone, IPad or Android phone or tablet with a camera, be enrolled in our Online Banking Service and have downloaded our latest version of Mobile Banking app. In order to enroll in the Service, you must meet the eligibility criteria for the Service as determined by Executive National Bank and have at least one deposit account. Eligibility includes, but not limited to, having a qualifying, active account as checking, savings, or money market opened at least 30 days or longer and not being overdrawn for more than 3 times during the preceding 12 months.
3. Limitations of Service
When using the Service, you may experience technical or other difficulties. Executive National Bank cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Executive National Bank reserves the right to change the qualifications of the Service at any time without prior notice. Executive National Bank has the right to reject any check or item transmitted for using the Service without any liability to you. Executive National Bank is not liable for any checks or items it does not receive or for any images that are not readable. Executive National Bank shall have no liability for any alterations to the check or item after they have been transmitted to it by you. Executive National Bank reserves 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.
4. Eligible Checks
You agree to scan and transmit only “checks” as that term is defined in Federal Reserve Regulation CC (“Reg CC”) and only those checks that are permissible under this Agreement or such other items as we, in our sole discretion, elect to include under the Service (“Eligible Checks”). You agree that the image of the check transmitted to us shall be deemed an “item” within the meaning of Article 4 of the applicable Uniform Commercial Code. If a check or item is dishonored, you will receive an image of the original check or a substitute check as the charged back item. All “Eligible Checks” deposited through the Mobile Deposit Service must have the endorsement “For remote deposit only at EXECUTIVE NATIONAL BANK account #______”. While Executive National Bank has no obligation to verify the endorsement, if a claim is made of duplicate deposit by another financial institution and the deposited item does not contain the required endorsement, then Executive National Bank will charge back the item to your account.
5. Image Quality
The image of a check or item transmitted to Executive National Bank using the Service must be legible. The image quality of the checks and items must comply with the standards established from time to time by the American National Standards Institute, or any higher standard set by us, and with any requirements set by the Federal Reserve Board, any regulatory agency with jurisdiction over us, or any clearing house Executive National Bank uses or agreement Executive National Bank has with respect to processing checks. You agree that Executive National Bank 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.
6. Deposit Cut off Times
You may access the service anytime 7 days a week. If Executive National Bank receives a mobile deposit on or before 4pm Eastern Time on a Business Day, Executive National Bank will consider that day to be the “Deposit Date”. If Executive National Bank receives a scanned Item after 4pm Eastern Time or on a weekend or a state or federal holiday, the next Business Day will be the Deposit Date.
7. Funds Availability
In accordance with Executive National Bank’s Funds Availability Policy, Mobile Deposit funds will generally be available on the second business day after the day we receive your deposit, with the first $200 available on the first business day after the day of your deposit, unless a hold is applied. If a hold is placed on a Mobile Deposit, you will be notified in accordance with the applicable Executive National Bank Customer’s Account Agreement.
8. Your Responsibilities, Promises and Warranties to Us
- You will only deposit Eligible Checks through the Service
- You will submit check images that meet Executive National Bank’s image quality standards
- You will not transmit an image or images of the same check to us more than once and will not deposit or negotiate, or seek to deposit or negotiate, such check or item with us or any other party.
- You agree that you will not use the Service to deposit any checks as set forth below:
- Traveler’s checks or money orders
- Checks where the drawer’s name or signature is missing
- Checks where the payee is missing or where the endorsement does not match the name of the payee
- Checks payable to any person or entity other than you, or to you and another party
- Checks containing an alteration to any of the fields on the front of the check or item (including the MICR line), 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 previously converted to a substitute check, as defined in Regulation CC as a paper reproduction of an original check that —
- Contains an image of the front and back of the original check;
- Bears a MICR line that, except as provided under ANS X9.100-140 (unless the Board by rule or order determines that a different standard applies), contains all the information appearing on the MICR line of the original check at the time that the original check was issued and any additional information that was encoded on the original check’s MICR line before an image of the original check was captured;
- Conforms in paper stock, dimension, and otherwise with ANS X9.100-140 (unless the Board by rule or order determines that a different standard applies); and
- Is suitable for automated processing in the same manner as the original check.
- Checks drawn on a financial institution located outside the United States
- Checks not payable in United States currency
- Checks that are remotely created checks, as defined in Regulation CC as a check that is not created by the paying bank and that does not bear a signature applied, or purported to be applied, by the person on whose account the check is drawn.
- Checks dated more than 6 months prior to the date of deposit
- Checks on which a stop payment order has been issued or for which there are insufficient funds
- All information you provide to Executive National Bank is accurate and true, including that all images transmitted to Executive National Bank accurately reflects the front and back of the check or item at the time it was photographed.
- You will comply with this Agreement and all applicable rules, laws and regulations.
- You agree to indemnify and hold harmless Executive National Bank from any loss for breach of the provisions set forth in this Section 7 or the terms of this Agreement or the Account Documentation.
9. Check Handling Procedures
You agree to follow any and all other procedures and instructions for use of the Service as Executive National Bank may establish from time to time:
- Before transmission, you agree to restrictively endorse any check or item transmitted through the Service as “For remote deposit only at EXECUTIVE NATIONAL BANK account #______” or as otherwise instructed by Executive National Bank. After the Item has been scanned and submitted for deposit, you shall not otherwise transfer or negotiate the original Item, substitute check or any other image thereof.
- Executive National Bank will acknowledge that it has received an item or check but such acknowledgement does not mean that the check or item contains no errors or has been accepted and that any such check or item will only receive provisional credit.
- After a check or item has posted to your account, you agree to prominently mark the original check or item as “Deposited and the Date”.
- You agree to destroy or otherwise properly dispose of checks and items that have been accepted for deposit through the Service after 14 days to ensure that such checks and items are not represented for payment and, prior to disposal or destruction, to safeguard such checks and items.
- You agree to promptly supply any information in your possession that Executive National Bank requests regarding a check or item deposited or attempted to be deposited through the Service including the original check or item.
The Service is provided at no charge to you. Executive National Bank may, upon at least 30 days prior notice to you, to the extent permitted by applicable law, charge a fee for use of the 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, as may be amended from time to time.
11. Deposit Limits
Executive National Bank reserves the right to impose limits on the amount(s) and/or number of Mobile Deposits (over a period of time set by us) that you transmit using the Service and to modify such limits from time to time.
Nothing in this Agreement should be construed as requiring Executive National Bank to accept any check or item for deposit, even if Executive National Bank has accepted that type of check or item previously. Nor shall Executive National Bank be required to identify or reject any Checks that you may submit through the Service that fail to meet the requirements of this Agreement.
12. Changes to the Service
Executive National Bank reserves 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 Executive National Bank shall have no liability for any such interruptions, delays or errors. Attempts to provide prior notice of scheduled maintenance will be made, but Executive National Bank cannot guarantee that such notice will be provided.
13. Ownership and License
You agree that Executive National Bank retains all ownership and proprietary rights in the Service, associated content, technology, Mobile Banking app and website(s). Your use of the Service is subject to and conditioned upon your complete compliance with this Agreement and the Account Documentation. 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 Executive National Bank’s business interest, or (iii) to Executive National Bank’s actual or potential economic disadvantage in any aspect. You may use the Service 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 Service.
14. 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. EXECUTIVE NATIONAL BANK DISCLAIMS 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. EXECUTIVE NATIONAL BANK MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE 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.
16. Geographic Constraints.
You agree that you will not use the Service in locations that are prohibited under U.S. law and regulations, including laws and regulations issued by the Office of Foreign Assets Control.
You agree to notify Executive National Bank of any suspected errors regarding items deposited through the Service right away, and in no event later than 60 days after the applicable Executive National Bank account statement is sent. Unless you notify Executive National 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 Executive National Bank for such alleged error.