BB&T Mobile Check Deposit User Agreement
You must accept the User Agreement to use Mobile Check Deposit.
Effective October 29, 2017
This Mobile Check Deposit User Agreement ("Agreement") contains the terms and conditions for the use of BB&T Mobile Check Deposit and/or other remote deposit capture Services that BB&T or its affiliates ("BB&T", "us," or "we") may provide to you ("you," or "User"). Other agreements you have entered into with BB&T, including the Bank Services Agreement or Commercial Bank Services Agreement, as applicable to your BB&T account(s), are incorporated by reference and made a part of this Agreement.
- Services. The mobile remote deposit capture Services ("Services") are designed to allow you to make deposits to your checking, savings or money market savings accounts from home or other remote locations by scanning checks and delivering the images and associated deposit information to BB&T or BB&T's designated processor.
- 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 email, text message or on our website(s) by providing a link to the revised Agreement or by an online secure message. You will be prompted to accept or reject any material change to this Agreement the next time you use the Service after BB&T has made the change. Your acceptance of the revised Terms and Conditions along with the continued use of the Services will indicate your consent to be bound by the revised Agreement. Further, BB&T 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.
- Limitations of Service. When using the Services, you may experience technical or other difficulties. We will attempt to post alerts on our website or send you a text message to notify you of these interruptions in Service. 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.
- Hardware and software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by BB&T from time to time. See BBT.com for current hardware and software specifications. BB&T 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.
- Fees. A fee may be charged for the Service. You are responsible for paying the fees for the use of the Service. Any fee that is charged will be disclosed prior to your deposit. BB&T may change the fees for use of the Service at any time pursuant to the section titled "Acceptance of these Terms" above. You authorize BB&T to deduct any such fees from any BB&T account in your name.
- Eligible items. You agree to scan and deposit only "checks" as that term is defined in Federal Reserve Regulation CC ("Reg. CC"). When the image of the check transmitted to BB&T is converted to an Image Replacement Document for subsequent presentment and collection, it shall thereafter be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code.
You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:
- Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into.
- Checks containing an alteration 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 is drawn.
- Checks payable jointly, unless deposited into an account in the name of all payees.
- Checks previously converted to a substitute check, as defined in Reg. CC.
- Checks drawn on a financial institution located outside the United States.
- Checks that are remotely created checks, as defined in Reg. CC.
- Checks not payable in United States currency.
- Checks dated more than 6 months prior to the date of deposit.
- Checks or items prohibited by BB&T's current procedures relating to the Services or which are otherwise not acceptable under the Terms of your BB&T account.
- Checks payable on sight or payable through Drafts, as defined in Reg. CC.
- Checks with any endorsement on the back other than that specified in this Agreement.
- Checks that have previously been submitted through the Service or through a remote deposit capture service offered at any other financial institution.
- Checks or items that are drawn or otherwise issued by the US Treasury Department.
- Endorsements and procedures. You agree to restrictively endorse any item transmitted through the Services as "For deposit only, account #______" or as otherwise instructed by BB&T. You agree to follow any and all other procedures and instructions for use of the Services as BB&T may establish from time to time.
- 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 BB&T that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. We further reserve the right to charge back to your account at any time, any item that we subsequently determine was not an eligible item. You agree that the Bank is not liable for any loss, costs or fees you may incur as a result of our chargeback of an ineligible item.
- Availability of funds. You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. In general, if an image of an item you transmit through the Service is received and accepted before 8 pm ET on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited using the Services will generally be made available no later than three business days from the day of deposit. BB&T, in its sole discretion, may make such funds available sooner or may extend the hold period beyond three business days 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 BB&T, in its sole discretion, deems relevant.
- Disposal of transmitted items. Upon your receipt of a confirmation from BB&T that we have received an image that you have transmitted, you agree to retain the check for at least 30 calendar days from the date of the image transmission. After 30 days, you agree to destroy the check that you transmitted as an image, mark it "VOID" or otherwise render it incapable of further transmission, deposit or presentment. During the time the retained check is available, you agree to promptly provide it to BB&T upon request.
- Deposit limits. We may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may 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. Our current limits are as follows:
- For a client with any account that has been open less than 90 days, the daily dollar limit for deposits is $500.00 per business day for retail clients and $1,000.00 per business day for business/commercial clients. The monthly dollar limit for deposits is $1,000.00 per 30 calendar day period for retail clients and $3,000.00 per 30 calendar day period for business/commercial clients.
- For a client with any account that has been open for greater than or equal to 90 days, with good account behavior as determined in our sole discretion; the daily dollar limit for deposits is $2,500.00 per business day for retail clients and $5,000.00 per business day for business/commercial clients. The monthly dollar limit for deposits is $5,000.00 per 30 calendar day period for retail clients and $10,000.00 per 30 calendar day period for business/commercial clients.
- For a client with any account that has been open for greater than or equal to 6 months and a deposit account opened for greater than or equal to 90 days, with good account behavior as determined in our sole discretion; the daily dollar limit for deposits is $5,000.00 per business day for retail clients and $10,000.00 per business day for business/commercial clients. The monthly dollar limit for deposits is $10,000.00 per 30 calendar day period for retail clients and $30,000.00 per 30 calendar day period for business/commercial clients.
- For BB&T Wealth or other select client categories, the daily dollar limit for deposits is $10,000.00 per business day and $30,000.00 per 30 calendar day period. There is no daily or monthly statement cycle limit on the number of items, as long as the respective dollar limits are not exceeded. BB&T may change these limits at any time, in its sole discretion.
- Presentment. The manner in which the items are cleared, presented for payment and collected shall be in BB&T's sole discretion subject to the Bank Services Agreement or Commercial Bank Services Agreement governing your account.
- Errors. You agree to notify BB&T of any suspected errors regarding items deposited through the Services right away, and in no event later than 30 days after the applicable BB&T account statement is sent. Unless you notify BB&T within 30 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against BB&T for such alleged error.
- Errors in transmission. By using the Services you accept the risk that an item may be intercepted or misdirected during transmission. BB&T bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
- Image quality. The image of an item transmitted to BB&T using the Services must be legible, as determined in the sole discretion of BB&T. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by BB&T, ANSI, the Board of Governors of the Federal Reserve Board or any other regulatory agency, clearinghouse or association.
- User warranties and indemnification. You warrant to BB&T that:
- You will only transmit eligible items.
- You will not transmit duplicate items.
- You will not re-deposit or re-present the original item.
- All information you provide to BB&T is accurate and true.
- You will comply with this Agreement and all applicable rules, laws and regulations.
- You are not aware of any factor which may impair the collectability of the item.
- You agree to indemnify and hold harmless BB&T from any loss for breach of this warranty provision.
Any breach of the above warranties may result in cancellation of the Service for your specific profile in the BB&T mobile application, closure of your accounts or termination of the client relationship.
- Cooperation with investigations. You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.
- Termination. We may terminate this Agreement at any time and for any reason. This Agreement shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use the Services for any unauthorized or illegal purposes or you use the Services in a manner inconsistent with the terms of your Bank Services Agreement, Commercial Bank Services Agreement or any other agreement with us.
- Enforceability. We may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
- Ownership & license. You agree that BB&T 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 BB&T's business interest, or (iii) to BB&T'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.
- 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 noninfringement. 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 BB&T has been informed of the possibility thereof.
Third Party Terms. Use of the Mitek Functionalities is limited solely to individuals and firms that are properly authorized end-user customer of Company ("Company Users"). With regard to any portion of the Mitek Functionalities or the Mobile Source Capture Product related thereto that is intended to be downloaded to and/or installed on a Company User's computing device or phone ("End User Software"), Supplier hereby grants Company a limited, non-exclusive, non-transferable right during the term of Company's license to distribute the Mitek Functionalities to make and distribute copies of such End User Software to Company Users and for Company Users to install and use such End User Software on their own computing devices or phones solely in connection with the authorized use of the applicable Mitek Functionalities, provided Company is responsible for ensuring that such Company User agrees to be bound by a separate agreement between Company and the Company User sufficient to enable Company to comply with its obligations in this paragraph as well as all other applicable obligations under this Schedule and the Agreement ("End User Agreements").
At a minimum, the End User Agreements shall require Company and each Company User to agree to the following:
- Company User shall use the End User Software only for Company User's own use, for lawful purposes, and in accordance with the terms of this Schedule and the Agreement;
- Company and Company User understand neither Mitek nor Supplier guarantee that Company User's hardware and software will be compatible with the End User Software,
- Company and Company User bear responsibility for any risk associated with deposits which are fraudulent, of unreadable image quality, or which have an incorrect declared amount;
- Company and Company User are responsible for retaining and disposing of paper deposits in a manner consistent with protection against fraud;
- Company and Company User shall agree not to make the End User Software or any related Mobile Source Capture Product available or allow use of it in a computer service bureau business, timesharing, or otherwise disclose or allow use of the End User Software or any related Mobile Source Capture Product by or for the benefit of any third party;
- neither Company nor Company User shall not copy, disassemble, decompile, or otherwise reverse engineer the End User Software;
- if Company or Company User attempts to use, copy, license, sublicense, sell or otherwise convey or to disclose the End User Software, in any manner contrary to the terms of the End User Agreement, Company shall have, in addition to any other remedies available to it, the right to injunctive relief enjoining such actions;
- Company's third party suppliers (including without limitation Supplier and Mitek) are entitled to exercise any defenses to which Company would be entitled under the End User Agreement; and
- in no event shall Company's suppliers (including without limitation Supplier and Mitek) be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill or other losses resulting from use of the End User Software or any other Mobile Source Capture Product related thereto incurred by Company or Company User or any third party, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), even if Company, Supplier, Mitek or their respective third party suppliers have been informed of the possibility thereof.
Supplier and Mitek shall have the same limitation of liability protections as Company in the End User Agreement and shall be included, as a supplier of the End User Software and all other Software licensed hereunder, as applicable, in any liability limitations and restrictions, and disclaimer of warranties that Company obtains from Company and/or Company User.