User Agreement

Add mobile check deposit to your mobile banking app.

Mobile check deposit gives you the freedom to make a deposit into your Independence Bank checking account by simply taking a picture with your smartphone or tablet.

Wherever you are, you can now deposit a check from your smartphone or tablet. To review FAQs, click here.


MOBILE CHECK DEPOSIT TERMS AND CONDITIONS

Our service called “Mobile Check Deposit” is designed for “non-business use” and is designed to allow you to make deposits of checks (“original checks”) to your accounts from home or other remote locations by capturing an image of the original checks and delivering the digital images and associated deposit information (“images”) to us or our processor with your mobile device.  After you enroll in Mobile Banking, you may apply for Mobile Check Deposit, but it will not be available for your use until after you have accepted these Mobile Check Deposit Terms and Conditions (“Agreement”), we have processed it, and you have downloaded our Mobile Banking app.  Your acceptance of this Agreement evidences your agreement to all terms herein.  When our processing is complete, you will see a “Deposit” feature in your Independence Bank Mobile Banking App and it should then be ready for you to use.

Limits.  We will establish limits on the dollar amount and/or number of items or deposits from time to time for Mobile Check Deposit.  If you attempt to initiate a deposit in excess of these limits, we will reject your deposit.  If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times.  Currently, our limits for Mobile Check Deposit are as follows:

a) No single deposit greater than $3,000 will be accepted;

b) Only one check can be included with each deposit;

c) The maximum amount that you can deposit in one calendar day is $3,000;

d) The maximum number of items you can deposit in one calendar month is 15.

Fees.  Independence Bank reserves the right to charge a fee for the Mobile Check Deposit service (“Service”).  You are responsible for paying  any fees we charge for the use of the Service.  Independence Bank may initiate or change the fees for use of the Service upon thirty (30) days written notice to you.  You authorize Independence Bank to deduct any such fees from any Independence Bank account in your name.

Disqualifications.  Mobile Check Deposit may not be available for your account due to a variety of reasons including, but not limited to:

a) Deposit restrictions on your account;

b) Current or previous collections history;

c) Fraudulent activity on your account;

d) Incompatible mobile phone; and

e) Use of your account for business purposes

Eligible Items.  You agree to capture and deposit only checks (i.e., drafts drawn on a bank, savings and loan or credit union payable on demand.)

You agree that you will not use Mobile Check Deposit to deposit:

a) Checks payable to any person or entity other than you (i.e., payable to another party and then endorsed by you).

b) Checks payable to you and another party who is not a joint owner on the account.

c) Checks that contain evidence of alteration, or that you know or suspect are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn.

Requirements.  Each image must provide all information on the front and back of the original check at the time presented to you by the drawer, including, but not limited to, information about the drawer and the paying bank that is preprinted on the original check, MICR information, signature(s), any required identification written on the front of the original check and any endorsements applied to the back of the original check.  The image quality must meet our standards and the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association.

****ALL CHECKS MUST BE ENDORSED WITH SIGNATURE AND THE WORDS MOBILE CHECK DEPOSIT****

Endorsements must be made on the back of the check within 1 ½ inches from the top edge, although we may accept endorsements outside this space.   Your endorsement must include your signature and “Mobile Check Deposit”.  Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.

A check payable to two payees must be endorsed by both payees.  If the check is payable to you or your joint owner, either of you can endorse it.  If the check is made payable to you and your joint owner, both of you must endorse the check.

Receipt of Deposit.  All images processed for deposit through Mobile Deposit will be treated as “deposits” under your current Account Agreement with us and will be subject to all terms of the Account Agreement.  When we receive an image, you will see a “Deposit Sent Successfully” message display within the Mobile Banking application.  We shall not be deemed to have received the image for deposit until we have confirmed receipt to you.  Confirmation does not mean that the image is error free.  We are not responsible for any image that we do not receive.

Following receipt, we may process the image by preparing a “substitute check” or clearing the item as an image.

We reserve the right, at our sole and absolute discretion, to reject any image for remote deposit into your account.   Any items rejected by the Bank will be debited from your account and will be reflected as a Mobile Deposit Adjustment in your account history.

Original checks.  After you receive confirmation that we have received an image, you must securely store the original check for at least 45 calendar days after transmission to us and make the original check accessible to us at our request.  Upon our request from time to time, you will deliver to us as soon as possible, but no longer than 10 calendar days from the day of our request, at your expense, the requested original check in your possession.   If not provided in a timely manner, such amount will be debited from your account.  Promptly after such 45 calendar day period expires, you must destroy the original check by first marking it “VOID” and then destroying it by cross-cut shredding or another commercially acceptable means of destruction.  It is your responsibility to properly destroy and dispose of such original checks after such time. During the period that you maintain any original checks, you understand and agree that you must use a high degree of care to protect these original checks against security risks.  After destruction of an original check, the image will be the sole evidence of the original check.

You agree that you will never re-present the original check after it has been presented to Independence Bank through Mobile Check Deposit.  You are responsible if anyone makes a payment based on an original check that has already been paid through Mobile Check Deposit.

Returned Deposits.  Any credit to your account for checks deposited using Mobile Check Deposit is provisional.  If a check deposited through Mobile Check Deposit is  dishonored, rejected or otherwise returned unpaid by the drawee bank, or is  rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the image, you agree that an original check will not be returned to you and you agree that we may charge back the amount of the original deposit and provide you with an image of the check, a paper reproduction of the check or a substitute check.   Other factors that could cause a particular check to be rejected during the Mobile Check Deposit capture process include but are not limited to the following:

a) MICR line (black bars across bottom of check) may have been over-cropped;

b) Check amount could not be read;

c) Blank or suspect check;

d) Check number could not be read;

e) Check date could not be read;

f) Front signature was not detected or is missing;

g) Endorsement issues;

h) Account number, routing number or other check data could not be read; and

i) Invalid routing number information.

You will reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned item.  Without our approval, you shall not attempt to deposit or otherwise negotiate an original check if it has been charged back to you.

We may debit any of your accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.

 Prohibited Checks.  There are some types of checks that are prohibited from being deposited through Mobile Check Deposit including but not limited to the following:

a)Checks that are payable to any person or entity other than you or checks that include a third-party endorsement;

b) Checks that 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 is drawn, including checks received via Internet solicitations;

c) Checks that have not been previously endorsed by a financial institution (a bank, savings and loan, or a credit union) and are either “substitute checks” or Image Replacement Documents (“IRD”) that purport to be substitute checks, without Independence Bank’s prior written consent;

d) Checks that are drawn on financial institutions that are located outside of the United States or Territories of the United States;

e) Checks that are Remotely Created Checks, as that term is defined in Regulation CC; and

f) Checks which are not acceptable to Independence Bank for remote deposit into a deposit account, including Savings Bonds and Mutilated Checks.

Errors.  You agree to notify Independence Bank of any suspected errors regarding items deposited through the Service right away, and in no event later than 30 days after the applicable Independence Bank account statement is made available to you.  Unless you notify the Bank within those 30 days, such statement regarding all deposits made through the Service shall be deemed correct, and you are prohibited from bringing a claim against Independence Bank for such alleged error.

Your Warranties.  You make the following warranties and representations with respect to each image.

a) Each image is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.

b) The amount, payee(s), signature(s), and endorsement(s) on the image and on the original check are legible, genuine, and accurate.

c) You will not deposit or otherwise endorse to a third party the original check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the original check or a paper or electronic representation of the original check such that the person will be asked to make payment based on an item that has already been paid.

d) There are no other duplicate images of the original check.

e) The original check was authorized by the drawer in the amount stated on the original check and to the payee(s) stated on the original check.

f) You are authorized to enforce and obtain payment of the original check.

g) You have possession of the original check and no party will submit the check for payment.

h) With respect to each image, you make to us all representations and warranties that we make or are deemed to make to any party pursuant to law, regulation or clearinghouse rule.  All files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.

i) You will use Mobile Check Deposit for lawful purposes and in compliance with all applicable laws, rules and regulations.  You warrant that you will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations.

Mobile Check Deposit Unavailability.  Mobile Check Deposit may be unavailable temporarily due to system maintenance or technical difficulties, including those of the internet service provider, cellular service provided and internet software.  In the event that Mobile Check Deposit is unavailable, you may deposit original checks at any of our locations.

Funds Availability.  You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC.  For purposes of funds availability, Mobile Check Deposits are considered deposited at one of our locations.  Mobile Check Deposits confirmed as received prior to 5:00 pm CST Monday – Thursday or prior to 6:00 pm CST Friday, will be credited to your account by the close of business on the next business day.  Mobile Check Deposits confirmed as received after 5:00 pm CST Monday-Thursday or after 6:00 pm CST Friday or confirmed as received on holidays or days that are not business days will be credited to your account by the close of business on the second business day following your deposit.  For purposes of these provisions, Saturday shall not be considered a business day.  In some circumstances, an additional hold may be applied to a check you deposit; if that occurs, notice will be sent to you via US Mail.  Independence Bank will not be responsible for any NSF fees, Overdraft fees, or similar charges you may incur due to funds being held.

Mobile Check Deposit Security.  You will complete each deposit promptly.  If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed.  It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits.  You will notify us immediately by telephone with written confirmation if you learn of any loss or theft of original checks; your responsibility for original checks which have been lost or stolen continues even if you have notified us.   You will ensure the safety and integrity of original checks from the time of receipt until the time of destruction.  If warranted in our reasonable judgment, we may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.

Your Responsibility.  The responsibility for the quality, completeness, accuracy, validity and integrity of the images is solely yours.  You are also solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible images to us or if Mobile Check Deposit is used, by authorized or unauthorized personal, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable images to us.

In addition you agree that you will not modify, change alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service, copy or reproduce all or any part of the technology or Service; or interfere, or attempt to interfere, with the technology or Service.  We and our third party technology partners, retain all rights, title and interests in and to the Services, Software and Development made available to you.

Accountholder’s Indemnification Obligation.  You hereby agree that you shall indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorney’s fees and expenses arising from your use of the Services, the breach of any and all warranties set out above, and/or breach of any other term of this Agreement.  You understand and agree that this paragraph shall survive the termination of this Agreement.

You understand and agree that you shall also indemnify our third party technology partners and hold harmless them and their respective affiliates, officers, employees and agents, from and against any third party claims, suits proceedings, actions or demands, including to claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to your use of the Services, You understand and agree that this paragraph shall survive the termination of this Agreement.

DISCLAIMER OF WARRANTIES.  YOU AGREE THAT YOUR USE OF OUR MOBILE CHECK DEPOSIT 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.  WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF OUR  MOBILE CHECK DEPOSIT  SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT  OUR MOBILE CHECK DEPOSIT SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.  WE MAKE NO WARANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN OUR MOBILE CHECK DEPOSIT SERVICE 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 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  OUR MOBILE CHECK DEPOSIT SERVICE, 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, EXCEPT AS OTHERWISE REQUIRED BY LAW.  WE WILL NOT BE LIABLE FOR ANY DAMAGE WHATSOEVER YOU MAY SUFFER AS A RESULT OF DOWNLOADING THE MOBILE BANKING APPLICATION OR USING THE SERVICES DESCRIBED IN THIS AGREEMENT.

Financial Information.  You must inform us immediately of any material change in your financial circumstances.  You agree to provide us any financial information we reasonably request during the term of this Agreement.  You authorize us to review your history from time to time.

Choice of Venue.  Any litigation relating to this agreement must be brought in the State Court System of Daviess County, Kentucky.

Amendment.  Independence Bank reserves the right to modify the Mobile Remote Service and this Agreement at any time and from time to time without prior notice to you.

Termination.  Either party may terminate this Agreement and the Mobile Check Deposit service at any time and without notice to the other party.

Consideration.  You acknowledge the receipt of sufficient consideration in consideration of your agreement to the terms hereof.

By clicking Submit below, you are agreeing to the terms and conditions set forth herein.