Thank you for using the Mobile Banking Services (“Services”) and any related software (“Software”) provided by First National Bank of Pennsylvania (the “Bank”) combined with your mobile phone's text messaging capabilities. By participating in the Services or using the Software, you are agreeing to the following terms and conditions, in addition to any terms and conditions to which you have previously agreed with respect to the underlying electronic banking and bill pay services of which the Service is a part. The Bank, in its discretion, may modify these terms and conditions at any time. Standard messaging charges apply.
Terms and Conditions:
a. Program: The Bank offers its customers mobile access to their account information (e.g., for checking balances and last transactions) over the Short Message Service (SMS), as well as the option to set up alerts for their accounts (e.g., low balance alerts). Enrollment in the program requires identification of your banking relationship with the Bank and you must provide your mobile phone number. You must verify your mobile phone number by entering on our website the verification code which you will receive by a SMS message. Additionally, you may select the type of alerts and other preferences which will determine, together with your account data, the frequency of alerts delivered to you. This program is ongoing. Standard messaging charges apply. You may opt out of this program at any time.
b. Questions: You can contact us at ?www.fnb-online.com? or 800-545-5555. We can answer any questions you have about the program. To get account information via text messaging, text the word ?Help? for a list of supported commands.
c. To Stop the program: To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says "STOP" to this number: 91489. You'll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.
d. The Services and/or Software (including Mobile Deposits) may not be available at anytime for any reason outside of the reasonable control of the Bank or any service provider. You understand that on occasions the Services may be unavailable, delayed, interrupted or disrupted for an indeterminate amount of time due to conditions beyond the Bank’s control. Such conditions include, but are not limited to, transmission issues associated with your wireless communication provider which supports your mobile device, disruption, or failure in the provision by the Bank of its Services due to equipment malfunctions, power failures, strikes, etc. The Bank, its affiliates, directors, officers and employees shall not be liable for any claim due to acts of God, acts of war, breakdowns or malfunctions of machines or computers, interruptions or malfunctions of communications or power supplies, labor difficulties, actions of public authorities, or any other similar cause or catastrophe beyond the Bank’s reasonable control. Without limiting the generality of the foregoing, it is as agreed that in no event will the Bank be liable for any lost profits or other indirect, special, incidental or consequential damages which you may incur or experience by reason of having used or relied on or arising out of or in connection with the Bank’s Services, even if the Bank was advised or otherwise made aware of the possibility of such damages.
e. The Bank may terminate your access to any or all features of the Services, including Mobile Deposits, at any time without advance notice, for any reason (including reasons unrelated to your bank accounts or your transactions).
f. Please refer to other portions of the Customer Agreement for Online Services for other important information and terms and conditions associated with your FNB Electronic Banking services which include, but are not limited to, consumer liability for unauthorized transactions and Bill Pay services and the Deposit Account Agreement for other general information and terms and conditions associated with your bank accounts.
g. You agree that by using the Bank’s Mobile Banking Services (including Mobile Deposits) information about your banking accounts and transactions will be transmitted over the Internet. You agree that the Bank will have no liability to you, if an unauthorized third party obtains information about your banking accounts or transactions despite reasonable precautions the Bank has taken to maintain the confidentiality of such information.
h. While the Bank does not currently assess a fee for its Mobile Banking Services (including Mobile Deposits), it reserves the right to charge a fee in the future. Fees for the Services are separate and apart from any charges that may be assessed by your wireless communication provider for text messages sent to or received from Bank or data transmission between you and the Bank. You are responsible for any fees or other charges that your wireless communication provider may charge for any related data or message services, including without limitation for SMS text messaging.
i. If you lose your registered mobile device or if it is stolen, you agree to disable the use of such mobile device by unregistering your mobile device in the Mobile Banking Center within the Mobile Banking Tab of FNB Online Banking. You should not store your username or password on your mobile device. You acknowledge that there are risks involved in using your mobile device to access your bank accounts and if your mobile device is lost or stolen, your confidential information could be accessed and unauthorized transactions could be accomplished.
Mobile Deposits Remote Deposit Capture
This Addendum ("Addendum") amends and becomes a part of the Customer Agreement for FNB Online Services between the Bank and you (individually or the business entity using Online Banking). Terms of the Service Agreement are hereby incorporated herein and shall continue to apply in all respects, as amended hereby. By using or continuing to use the Bank’s Mobile Deposits - Remote Deposit Capture (the "RDC"), you agree to this Addendum.
2. Mobile Deposits - Remote Deposit Capture
a. The RDC allows eligible Online Banking customers to make certain deposits electronically by using a capture device to create an electronic image of a paper check or other paper source document payable only in U.S. Dollars ("Item") by scanning the Item and transmitting it and related data to us. As part of the RDC you must use software and hardware acceptable to us. You are solely responsible for information or data that is transmitted, supplied or key-entered by you, your employees or agents. Before you capture the image of any Item, you shall endorse all Items with your signature and print "For FNB Mobile Deposit Only" below your signature.
b. You agree that after the Item has been imaged and submitted for deposit, you shall not otherwise transfer or negotiate the original Item, substitute check or any other representation thereof. You agree to indemnify the Bank for any claims, cause of action, losses, damages, costs and expenses that result or may arise out of your violation of this provision. You further agree that you shall be solely responsible for the original Items, including storage, retrieval and destruction of the Items.
c. You agree that the electronic image of the Item or any substitute check, as defined by Federal law, will become the legal representation of the Item for all purposes, including return items processing.
d. If you present for deposit an Item no later than 6:00 p.m. Eastern Standard Time on a business day, we will consider that day to be the day of deposit. If you present for deposit an Item after 6:00 p.m. Eastern Standard Time or on a weekend or a state or Federal holiday, we will consider that the deposit was made on the next business day. Funds will be made available the next business day after the day of your deposit.
e. Deposits may be made to your eligible checking, savings, or money market savings accounts from remote locations by either scanning or photographing Items and delivering the images and associated deposit information to the Bank.
f. You agree to pay the fees described in the service charges and fee schedule that applies to your deposit account.
g. You agree that the image of the check transmitted to the Bank shall be deemed an "Item" within the meaning of Article 4 of the Uniform Commercial Code.
h. There is a $2,000 daily limit on the dollar amount of deposits that can be made using RDC. The user interface is incorporated herein by reference and is made part of this addendum.
i. We reserve the right to change, suspend or discontinue RDC, in whole or in part, or your use of the RDC, in whole or in part, at any time with 21 days prior notice to you, unless modification or termination is required for security purposes or if you violate this Addendum.
3. Item Processing
If the electronic files and/or images transmitted to us with respect to any Item do not comply with our processing requirements for content and/or format, we may, in our sole discretion:
a. further transmit the Item and data in the form received from you;
b. repair or attempt to repair the Item or data and then further transmit it;
c. process the Item as photocopies in lieu of originals;
d. process the Item as an ACH transaction; or
e. return the data and Item to you unprocessed and charge back your account.
We are not responsible for Items we do not receive or for images that may fail during transmission. An image of an Item shall be deemed received when you receive a confirmation from the Bank that it received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
You agree to retain and safeguard the original Item for at least 14 days after you have transmitted the Item images. After 14 days have passed and you have verified that the funds associated with the Item have been added to your balance, you agree to prominently mark the item as "VOID" and properly dispose of or safe keep the Item to ensure that it is not represented for payment.
You also agree that you will not use RDC to deposit any Items that:
1. Are made payable to persons or entities other than you;
2. Contain obvious alterations on the front of the 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 Item is drawn;
3. Were previously converted to a substitute item, as defined in Federal Reserve Regulation CC, or were otherwise cashed or deposited;
4. Are drawn on a financial institution located outside the United States;
5. Are remotely created checks, as defined in Federal Reserve Regulation CC;
6. Are not payable in United States currency;
7. Are payable to cash;
8. Are a US Savings Bond, money order, cashier's check, or travelers check;
9. Do not bear a signature of the person from whom the Item is drawn or lack an issued date;
10. Are postdated or dated more than 6 months prior to the date of deposit; or
11. Are prohibited by Bank's current procedures relating to RDC or which are otherwise not acceptable under the terms of your bank account.
You represent and warrant to us that:
a. Any image we receive accurately and legibly represent all of the information on the front and back of the original Item as originally drawn;
b. The information you transmit to us corresponding to an Item contains a record of all applicable MICR-line (the set of numbers at the bottom of the check) information required for a substitute check and the accurate amount of the Item;
c. The Item conforms to the technical standards for an Electronic Item set forth in Federal Reserve Board Regulation J, or Federal Reserve Bank operating circulars and for a substitute check set forth in Federal Reserve Board Regulation CC;
d. The Item was not previously deposited and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the Item (either the original Item, or a paper or electronic representation of the original Item) such that the person will be asked to make payment based on an Item it has already paid;
e. You will not redeposit through RDC any Item previously deposited and returned to you unless we advise you otherwise;
f. You will employ reasonable security measures sufficient to protect the Item in transmission and storage; and
g. You will only transmit items that originated as paper Items.
h. You will comply with all laws and regulations applicable to you in your use of RDC and not use RDC for any purpose prohibited by foreign exchange regulations, postal regulations or any other treaty, statute, regulation or authority.
You agree to notify the Bank of any suspected errors regarding Items deposited through RDC immediately, and to notify the Bank in no event later than 60 days after the applicable FNB account statement is provided. Unless you notify the Bank within 60 days, such statement regarding all deposits made through RDC shall be deemed correct.
You agree that the Bank retains all ownership and proprietary rights in the RDC, associated content, technology, and website(s). Your use of RDC is subject to and conditioned upon your compliance with this Addendum. Without limiting the effect of the foregoing, any breach of this Addendum immediately terminates your right to use RDC. Without limiting the restriction of the foregoing, you may not use the RDC (i) for any purpose which would be contrary to the Bank's business interest, or (ii) to the Bank's actual or potential economic disadvantage in any aspect. You may use RDC only for business and personal use in accordance with this Addendum. 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 RDC.
Unless otherwise required by law, we make no representations or warranties, whether express, implied or statutory regarding or relating to any of the software, capture devices or other hardware and/or access to or use of them or the related materials and RDC. We specifically disclaim any and all implied warranties of merchantability and fitness for a particular purpose and non-infringement. We and our subcontractors also do not guarantee that your access to RDC will be uninterrupted, error free or secure.
UNLESS OTHERWISE REQUIRED BY LAW, YOU AGREE YOUR USE OF THE RDC 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 RDC, 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 RDC (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM RDC WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN RDC OR TECHNOLOGY WILL BE CORRECTED.
6. Limitation of Liability
UNLESS OTHERWISE REQUIRED BY LAW, YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, REGARDLESS OF THE FORM OF THE ACTION OR THEORY OF RECOVERY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
In addition to the indemnities contained in the Deposit Account Agreement, you agree to indemnify us for any loss or expense (including attorney's fees and expenses of litigation) resulting from:
a. Your breach of any of the warranties made by you pursuant to this Addendum or the Deposit Account Agreement; or
b. Any claim pertaining to any warranty or indemnity that we make with respect to an Item under the Check Clearing for the 21st Century Act, Federal Reserve Board Regulations CC and J and all other laws, regulations and industry and clearing house rules applicable to Items.
8.Grant of License.
a. Grant of License. To the extent we or our licensors make any software available to you via download on our website for use in conjunction with the RDC, we hereby grant, and you hereby accept, for the term of this Addendum, a non-exclusive, non-assignable, non-transferable, limited right and license to use the proprietary computer software products in object code and any associated documentation ("Products") for use only directly in conjunction with its permitted use of the RDC.
b. Title. Except for the license granted to you hereunder, all rights and title in and to the Products, including any improvements, modifications, and derivative works, will at all times remain with us or our licensors, and you shall acquire no rights in the Products.
c. Risk of Loss. You will bear the entire risk of loss, destruction and damage to the Products from any cause whatsoever, and no such loss, destruction or damage shall impair any of your obligations hereunder which shall continue in full force and effect.
A remote deposit to a consumer account is being treated as an electronic fund transfer subject to the Electronic Fund Transfer Act. For specific terms and conditions pertaining to electronic funds transfers, please refer to the Deposit Account Agreement provided to you at the time you opened your account(s).
Privacy and User Information. You acknowledge that in connection with your use of RDC the Bank, its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with RDC or software (collectively “User Information”). The Bank, its affiliates and service providers will maintain reasonable safeguards to protect the User Information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver RDC and as otherwise permitted by law, including, but not limited to, compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Bank, its affiliates and service providers also reserve the right to monitor use of RDC and software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.
Restrictions on Use. You agree not to use RDC and software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and it will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use RDC and software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by the Bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of the Bank or any third-party service provider involved in the provision of RDC; or (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose the Bank, any third-party service provider involved in providing RDC, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (i) access any software or RDC for which your use has not been authorized; or (ii) use or attempt to use a third party’s account; or (iii) interfere in any manner the provision of the RDC or software, the security of RDC or software, or other customers of RDC or software, or otherwise abuse the RDC or software.