Mobile Remote Deposit Capture Procedures

MOBILE REMOTE DEPOSIT CAPTURE PROCEDURES

EFFECTIVE JUNE 7TH, 2022

These Mobile Deposit Terms and Conditions, as they may be amended from time to time (the "Mobile Deposit Terms" or “Terms”), govern your use of the Community Bank of Missouri Mobile Remote Deposit Capture Service ("Mobile Deposit Service" or “Service”). These Terms amend and supplement the Community Bank of Missouri Online Banking Agreement (the "Online Banking Agreement"). That means that these Terms will become a part of your Online Banking Agreement with us when you accept them by clicking on “Continue” at the time you enroll in this Service, or when you use the Mobile Deposit Service for the first time.

In these Terms, “we,” “us” and “CBOM” mean Community Bank of Missouri, and “you” means any person who owns a consumer or small business Bank Account at Community Bank of Missouri that accesses the Mobile Deposit Service. “Bank Account” means any checking or savings account at CBOM to which you have access through Online Banking.

  1.  General Description of Mobile Deposit Service. The Mobile Deposit Service allows consumer and small business customers of Community Bank of Missouri to make deposits to their Community Bank of Missouri checking and savings Bank Accounts with us using a compatible mobile device. You may access the Mobile Deposit Service using the COMMUNITY BANK OF MISSOURI Online Banking App on your mobile device. You can download the CBOM Banking App from the Apple App® Store or Google Play™ store.
  2. Our Account Agreement is part of this Agreement. Our Account Agreement contains additional terms and conditions that apply to your Bank Accounts and this Service You may not use the Mobile Deposit Service to deposit “Ineligible Checks” as defined below.  You agree that you will not image and attempt to deposit any of the following types of checks or items using the Mobile Deposit Service (we call these “Ineligible Checks”):
      1. Currency
      2. Checks payable to a third party
      3. Demand drafts or remotely created checks (i.e., checks lacking the original signature of the drawer)
      4. Substitute checks (i.e., checks created from an electronic image)
      5. Checks that are irregular or altered in any way (e.g., where the numeric and written amounts are different)
      6. Checks that have previously been returned unpaid for any reason
      7. Checks that are postdated or stale dated (older than 6 months)
      8. Checks drawn on a foreign bank or payable in a foreign currency
      9. Savings Bonds
      10. Money Orders
      11. Checks payable to “Cash” or “Community Bank of Missouri”
      12. other types of checks or items identified by COMMUNITY BANK OF MISSOURI as ineligible for the Mobile Deposit Service, or for deposit in your Bank Account generally. 
  3. Fees. We do not currently charge fees for enrolling in or using the Mobile Deposit Service. Fees related to your deposit account activity, such as for returned checks or obtaining copies of checks or statements, apply when you use the Service. We reserve the right to charge fees for this Service in the future.
  4. Limits on the Amount and the number of Checks You May Deposit Through Mobile Banking. There are limits on the number of checks and the dollar amount of checks you can deposit using the Mobile Deposit Service. Limits are set at the customer level. We limit deposits you may make using the Mobile Deposit Service, and there is a dollar limit on individual Checks and on the total dollar amount of deposits you may make per day using the Mobile Deposit Service. The term “Single Check Limit” means the maximum dollar amount of any Check that you may deposit using the Service. “Daily Limit” means the total dollar amount of deposits that you may make through the Service per day. “Daily Count Limit” means the total number of Checks that you can deposit using the Service on any day. The default is 10 checks per day. For retail banking consumers who have had a Bank Account with us for three months or more and whose account has been maintained in a satisfactory manner, your Single Check Limit is $5000.00 and your Daily Limit is $10,000.00. Your Daily Count Limit is 10 Checks. If you attempt to deposit Checks to your Account through the Mobile Deposit Service that exceed any of your Deposit Limits, we may reject your deposit. If we reject your deposit, funds from that deposit will not be credited to your Bank Account. The Service will alert you at the time that you submit a Check for deposit that the Check exceeds one of the Deposit Limits. We can change the Deposit Limits at any time in our sole discretion, and the changes may be effective immediately. If we change the Deposit Limits, we may provide notice to you in the Service or in an email to you, and your use of the Service after that notice will constitute your consent to the change. But we may change the Deposit Limits or decline to accept any more Checks from you for deposit through the Service without prior notice to you if we believe that it is necessary under the circumstances to protect ourselves from possible losses, or because you have not complied with the Terms governing this Service or you have not complied with our Account Agreement. We may accept and process the Checks, in our sole discretion, that exceed the Deposit Limits or that are Ineligible Checks. Our acceptance of a Check in excess of any Deposit Limits or of an Ineligible Check does not require us to accept those types of Checks at a future time.
  5. Transmission and Acceptance of Images; Image Quality. In order to deposit a Check using the Mobile Deposit Service, you must send us an image of both the front and back of each Check, and enter the amount of the Check in the Service. The front image must clearly display the entire MICR line (the line that shows the check’s routing number and account number). After capturing the images, you should look at them to make sure they are legible, and verify and validate the total amount of the deposit. The image quality of each Check must meet the requirements established from time to time by the American National Standards Institute, the Board of Governors of the Federal Reserve System, and any other regulatory agency, clearing house or association (our “Check Standards”). You acknowledge that you are solely responsible for the quality, completeness, accuracy, validity, and integrity of each Check sent by you for deposit to your Bank Account. Upon receipt of Checks through the Service, we may examine the Checks to ensure they are not Ineligible Checks (as defined above) and we may, in our sole discretion, reject and not accept the Check or elect to accept and process the Check. No deposit is complete until we have notified you of our acceptance of your Check utilizing the email you provided at the time of deposit. If your Check image does not meet the Check Standards, or if we otherwise determine that we cannot process a Check you send us because, for example, it is an Ineligible Check (a “Rejected Check”), we will we notify you at the time you submit the deposit in an email to the address you have provided in our Online Banking Service. If we notify you that we have rejected the Check for deposit, you may usually re-image the Check (as long as the Check is not an Ineligible Check and the image meets the Check Standards) and resubmit it for deposit to your Bank Account using the Service, or you may deposit the original by another means. We may, at our option and solely for our benefit, also perform other risk management steps to detect potentially fraudulent checks and/or check for viruses and malware, and, in our sole discretion, reject any Check or file.
  6. When Checks Are Considered Received Through Mobile Deposit; Cut-Off Time. A Check that you submit through the Service is considered received by us for deposit when the Check has been successfully transmitted to us and you receive an email notice that we have accepted the Check for deposit. On any day that is a Business Day it may take up to a full Business Day for us to review your deposit. Images of Checks that are accepted by our Mobile Deposit Service by 3:00 p.m. Central Time on one of our Business Days (the “Cut-Off Time”) will be considered received by us on that Business Day. Checks that are reviewed and accepted after the Cut-Off Time or on a non-business day (e.g., a Saturday, Sunday or holiday) are considered to have been received by us on the next Business Day.
  7. When Funds from Your Check Deposited Through Mobile Deposit Will be Available. Funds from Checks deposited through our Mobile Banking Service may not be available for immediate withdrawal. If your Check has been successfully transmitted to us and accepted for deposit through the Service, Community Bank of Missouri’s Funds Availability Policy applies. Our Funds Availability Policy Disclosure describes all the circumstances under which funds you deposit by check (including Checks that you have sent to us through our Mobile Banking Service) may be delayed. Funds availability may be delayed for up to seven (7) banking days, We will send you a notice if we delay the availability of funds from your Check deposit.
  8. Your Representations and Warranties. By sending the image of a Check to us through the Service, you represent and warrant to us that as of that date: (a) each Check is an “item” (as defined in Article 4 of the UCC) and is acceptable for deposit under the Account Agreement; (b) the Check contains a preprinted serial number; (c) the Check is valid, accurate, complete, and authentic; (d) the Check was completed and duly signed by the drawer, who is the drawer named on the Check; (e) the Check amount is in the exact amount of the goods or services purchased or is otherwise owing to you; (f) any goods or services for which the Check was tendered to you have been delivered to the drawer and have not been returned or disputed; and (g) the Check is not an Ineligible Check. In addition, you make the same representations and warranties to us with regard to each Check transmitted by you through the Mobile Deposit Service pursuant to these Terms as you make under our Account Agreement and the UCC as if you presented the original check or other item to us, rather than the Check images. You agree to indemnify COMMUNITY BANK OF MISSOURI for claims, losses or damages arising out of any breach by you of these representations and warranties.
  9. Endorsements. You should restrictively endorse any item transmitted through the Mobile Deposit Service, by adding words such as “For Mobile Deposit Only - COMMUNITY BANK OF MISSOURI – Account Number” with your signature and date on the back of the Check. You agree to follow any other instructions for use of the Mobile Deposit Service that we may establish from time to time. Failure to properly endorse the Check and/or follow the instructions and procedures for the Mobile Deposit Service might cause a delay in processing the Check. If there is no endorsement and signature of the back of the Check, or if the check is missing any of the required endorsements or signatures, we will choose not to accept it for deposit through the Service.
  10. Your Obligations After You Transmit a Check to Us. We will process for deposit the Checks you submit to us, subject to our right to rejected Ineligible Checks and other Checks that do not comply with these Terms and the Account Agreement. Items that have been confirmed as received and credited to your account should be destroyed and disposed of in a timely manner, that should not exceed 30 days from the time of deposit. You agree to properly dispose of the item to ensure it is not represented for payment. After you destroy the original Check, you will be able to get an image of the Check that you deposited from us.
  11. Your Responsibility for Multiple Deposits of the Same Check. You acknowledge and agree that you will bear sole responsibility and liability in the event of multiple deposits of the same Check, whether such multiple deposits are intentional or unintentional and whether resulting from fraud or for any other reason whatsoever, and whether such multiple deposits are made electronically or as paper checks with us or any other financial institution or any combination thereof. You agree that we may debit the amount of any such Check which is deposited more than once from your Bank Account, and to the extent funds in your Bank Account are insufficient to cover that amount, then any balance may be debited by us from any of your other Bank Accounts, as we determine in our sole discretion. You agree that we have no liability or responsibility for any failure to detect a duplicate Check.
  12. Presentment of Checks. We will process and return unpaid Checks in accordance with applicable laws and regulations and the Deposit Account Agreement. If Checks previously deposited are dishonored and returned unpaid, you understand and agree that, since you either maintain the original Check or have destroyed the original Check in accordance with these Terms, the original Check will not be returned to you, and we may reverse any credit for the Check that was provided to you. You understand and agree that the image may be in the form of an electronic or paper reproduction of the original Check or a substitute check.
  13. Limitation of Liability. In addition to, and not in lieu of, the limitations of liability set forth elsewhere in the Online Banking Agreement, you agree that you shall remain liable for and that we shall not be accountable to you for any Check that is not received and accepted by us or is intercepted or altered by an unauthorized third party. You agree that we shall have no obligation to accept a Check and therefore may reject any Check you submit. We have no obligation to notify you of the rejection of any Check but will make reasonable efforts to do so. We shall have no liability to you for any Ineligible Checks or for the rejection of any Check or for failure to notify you of a rejection. We are not responsible for detecting any errors contained in any Checks created by you and transmitted to us. We are not responsible for examining the Checks to verify any data or dates and will disregard any restrictive notation of any kind other than “For Mobile Deposit Only”. We provide the Mobile Deposit Service to you as a convenience, on an AS IS, AS AVAILABLE basis. You agree that we will have no liability or responsibility for any failure to detect duplicate Checks, fraudulent Checks or any errors in data that you enter into the Service regarding Checks, or for verifying any dates or data, and, except as otherwise expressly set forth in these Terms, we have a right to disregard any restrictive notation on the Checks of any kind. If you violate these Terms, the Online Banking Agreement or our Account Agreement, we may terminate your access to the Service or your account relationship with us.
  14. Indemnity. In addition to, and not in lieu of, the indemnification provisions of the Online Banking Agreement, you agree to indemnify and hold COMMUNITY BANK OF MISSOURI Bank, and its directors, officers, and employees harmless from all losses, liability, claims, demands, judgments and expenses (including attorney’s fees and expenses) arising out of or in any way connected with any of the following: your use of the Mobile Deposit Service, your negligence or willful misconduct, your breach or violation of any term, provision or representation contained herein, the multiple submission for deposit of imaged Checks using the Mobile Deposit Service, the submission of fraudulent items using the Mobile Deposit Service, any failure of your mobile device or the software or any disruption in the transmitting of any images or data by you to us, your failure to endorse any Checks electronically transmitted by you to us, your failure to destroy the originals of imaged Checks submitted by you using the Mobile Deposit Service within the time frame recommended in these Terms, any misuse of the mobile device or the herein designated hardware or software by you or by any individual or entity acting on your behalf or within your control, or your failure to comply with any applicable federal and state statutes, rules and regulations in force pertaining to or Mobile Deposit Services procedures for the Mobile Deposit Service or to the deposit of Checks in your Bank Account.