MOBILE BANKING DISCLOSURES
Terms & Conditions
Acceptance: This Great Western ebanking Agreement ("Agreement") is comprised of this Agreement, and may include Great Western ebanking and one or more Addendums covering services related to Great Western ebanking. If you enroll in Great Western ebanking through the online enrollment process , or if you use any Great Western ebanking Service, you acknowledge that you have received, reviewed, and agree to the terms and conditions of the current Great Western ebanking Agreement, , or Addendums applicable to the Great Western ebanking Service(s), including Attachments thereto, as may be amended or restated from time to time by Great Western Bank (hereinafter referred to as GWB or Great Western Bank).
Introduction: This Great Western ebanking Agreement ("Agreement") sets forth the terms and conditions for accessing your Great Western Bank accounts and services via Great Western ebanking ("Great Western ebanking"). To the extent reflected in a Addendum hereto, the term "Great Western ebanking" shall include related services such as Bill-Pay, Mobile Banking, and Mobile Remote Deposit Capture, and other services covered by an Addendum to the Great Western ebanking Agreement. This Agreement is in addition to other agreements between you and GWB. Except as specifically provided herein, if there is a conflict between the terms and conditions of this Agreement and one or more terms contained in the other agreements between you and GWB, this Agreement will control to resolve the conflicts as they relate to Great Western ebanking, but the conflicting terms will remain in effect to the extent they apply in a manner that does not cause a conflict. If you have previously agreed to a version of this Agreement while enrolling in one or more Great Western ebanking Service(s) (defined below), and are subsequently asked to agree to a version of this Agreement to enroll in different Great Western ebanking Services, any Addendums then in effect shall remain in effect and be governed by the terms of this Agreement unless otherwise stated. References herein to "this Agreement" shall include all applicable Addendums, Exhibits and Schedules hereto, as may be amended or restated from time to time by GWB.
Address Changes: You agree to promptly notify a GWB personal banking representative of any address change, electronic mail address change, and/or any change to your telephone number, and agree to provide any authenticating information needed by GWB to effect such changes.
Disclosures; Notices: The following terms describe current GWB Policies, Notices and Disclosures affecting your Great Western ebanking Services and/or Registered Accounts (defined below):
Account Terms and Conditions: "Account Terms and Conditions" means the Terms and Conditions of your Account Agreement that GWB provided to you at account opening, and any subsequent amendments thereto of which GWB has notified you.
EFT Rights and Responsibilities: "EFT Rights and Responsibilities" means the document entitled "Electronic Funds Transfers--Your Rights and Responsibilities" which GWB provided to you at account opening, and any subsequent amendments thereto of which GWB has notified you.
Electronic Communications Disclosure: "Electronic Communications Disclosure" means the Disclosure that GWB provided to you at account opening, and any subsequent amendments thereto of which GWB has notified you.
Funds Availability: "Funds Availability" means GWB′s policy as described in the Funds Availability Disclosure which GWB provided to you at account opening, and any subsequent amendments thereto of which GWB has notified you.
General Notices: Current Notices affecting your Great Western ebanking Services means any notices that have been communicated to you or which have been posted on the GWB website located at www.greatwesternbank.com
Schedule of Fees: "Schedule of Fees" means the Schedule of Fees that was provided to you at account opening, and any subsequent amendments thereto of which GWB has notified you.
Definitions: To the extent not otherwise defined herein the following terms shall have the following meanings:
"Bill Pay Service" means each of the variety of products and services through which you can initiate bill payments directly from GWB to a payee.
"Customer," "you" and "your" means the person utilizing the Great Western ebanking Service .
"Handheld Device" includes a cell phone or personal digital assistant satisfying hardware and software requirements as specified by GWB from time to time.
"Mobile Banking Service" means each of the variety of products and services you may access through a Handheld Device. These products and services include, but are not limited to, browser and text banking. Not all Registered Accounts are accessible through the Mobile Banking Service.
"Great Western ebanking Service" means each of the variety of products and services you may access or enroll in through the Web Site.
"Owner" means each person who is an owner of a Registered Account as reflected in GWB′s books and records, and includes any authorized signer on such Registered Account as reflected in GWB′s books and records.
"Registered Account" or "Account" means each GWB account you have with GWB which is registered, as provided herein, for access via an Great Western ebanking Service.
"Service" or "Services" means GWB Great Western ebanking Services, and includes all applicable Registered Accounts and Great Western ebanking Services you can access via the Web Site pursuant to this Agreement.
"We", "us", "our", "Bank", "Great Western Bank" and "GWB" means Great Western Bank and any affiliate, agent, independent contractor, designee, or assignee GWB may, at its sole discretion, involve in the provision of a Service.
"Web Site" or "Site" means GWB website(s) and all other web pages maintained by GWB and accessible through www.greatwesternbank.com.It also includes any other website or web pages you can access only after you, or a person for whom you are acting as an authorized signer, enter into this Agreement as a condition to access.
Accessing your GWB Accounts through Great Western ebanking Requirements: To access your Registered Accounts through Great Western ebanking, you must have one or more eligible GWB accounts, a Great Western ebanking User ID and a password. Your login will give you access to your GWB accounts through Great Western ebanking. This password can be changed by you through Great Western ebanking from the My Settings screen. . For security purposes, it is recommended that you memorize your password and do not write it down. You are responsible for keeping your password and account data confidential. We also recommend that you change your password regularly. If you believe your login information may have been lost or stolen or someone has transferred or may transfer funds from your account without your permission, notify a GWB Representative immediately. In addition, you must have adequate software on your personal computer (or Handheld Device, if applicable) to utilize Great Western ebanking, which software meets the Technical Specifications described and periodically updated at:
Accounts and Services Accessible through Great Western ebanking are identified on the Great Western ebanking page of the GWB website at www.greatwesternbank.com
Fees and Charges: You are responsible for any telephone or connectivity charges which you may incur by accessing your GWB accounts and/or services through Great Western ebanking. Your consent to this Agreement, including all Addendums hereto, does not change in any respect the terms and conditions of your existing agreements with other parties, including online or mobile service providers. Other fees, as described in the applicable Account Disclosure, may apply to services ordered or accessed online and to transfers from a credit account. You agree to promptly pay all applicable fees and charges. Please note that additional non-banking fees may be assessed and billed separately by your online service or mobile service provider, whose message and data rates may apply. You can access the fee schedule related to your Accounts here: https://www.greatwesternbank.com/personal/banking/checking/
Electronic Mail (E-Mail): Sending E-mail is a way to communicate with GWB, but because your E-mail is actually sent via your own E-mail software and not through Great Western ebanking Services, E-mail transmissions may not be secure. Because of this, you should not include confidential information, such as account numbers, balances, social security numbers, etc. Great Western Bank is specifically not liable for any errors, omissions, claims or problems of any kind involving your E-mail or mobile device. You cannot use E-mail to initiate transactions on your Account(s). For banking transactions, please use the appropriate functions within Great Western ebanking or call a GWB Customer Service Representative.
Export Control: You acknowledge that your use of the Services is subject to the United States government export control laws and regulations, which may restrict or prohibit the use, export, re-export, or transfer of the Services or any component part thereof. You agree that you will not directly or indirectly use the Services to violate applicable United States export laws and regulations. Without limitation, you agree that you will not use the Services in any embargoed or sanctioned country such as Cuba, Iran, North Korea, Sudan, and Syria.
Benefits of Using Great Western ebanking: Through Great Western ebanking, you can manage your eligible Accounts from your home or office on your personal computer and, for Mobile Banking, through your authorized Handheld Device. You can use Great Western ebanking to:
- Confirm Deposits & Withdrawals
- Initiate Transfers
- Pay Bills
- Make Loan Payments
- View & Print Check & Statement Copies
New Services: The above Services are referred to as "Great Western ebanking Services". GWB may from time to time, introduce new Great Western ebanking Services. By using these Services when they become available, you agree to be bound by the terms, rules and restrictions contained in this Agreement.
Payment Account: You must designate a payment Account (usually a checking account) for certain services such as Bill Pay Services. You authorize GWB to charge the Account you have designated as the payment account or any other Account for the applicable fees if you do not otherwise pay them in a timely manner. If you close your designated payment account, you must notify GWB and identify a new payment account for the selected Services. Additionally, if you close all accounts at GWB, you will no longer be allowed to use Great Western ebanking Services, and must notify a Customer Service Representative to cancel your Great Western ebanking Services and pay any amounts due.
Hours of Accessibility: You can usually access your accounts through Great Western ebanking seven (7) days a week, 24 hours a day. However, at certain times, some or all of Great Western ebanking Services may not be available due to system maintenance or reason beyond our control. GWB specifically does not warrant that Great Western ebanking will be available at all times. During these times when Great Western ebanking is not available, you may use Express™ 24-Hour Phone Banking, a GWB ATM, or a GWB branch to conduct your transactions. A transfer initiated through Great Western ebanking before 7 P.M. Central Standard Time (CST) on a Business Day is posted to your account the same day. All transfers completed after 7 P.M. CST on a Business Day or on a Saturday, Sunday or banking holiday will post the next business day. Business Days are Monday - Friday, except for federal banking holidays.
Errors Or Questions: In case of questions or errors about online funds, transfers or bill payments made through Great Western ebanking involving a GWB account, you should call GWB Customer Service at 800-952-2043. Write Customer Service at Great Western Bank, attn: Great Western ebanking, PO Box 2345, Sioux Falls, SD 57101 as soon as you identify any errors or discrepancies in your statement or transaction record. We must hear from you no later than sixty (60) days after we have sent the first statement or notice on which the problem or error appeared. If you notify us verbally, we may require that you send us your complaint or question in writing within (10) business days. When you write, please include the following information:
- Your name and account number
- Describe the error or the transaction you are unsure about, and explain why you believe it is in error or what additional information you need.
- Tell us the dollar amount of any suspected error.
- For a bill payment, tell us the checking account number used to pay the bill, payee name, date the payment was sent, payment amount, reference number, and payee account number for the payment in question.
This section shall apply only in the absence of error resolution instructions for specific GWB products or services. In the event a conflicting error resolution process is set forth in a separate, specific account or service agreement you have with GWB, you should follow the error resolution process set forth in the other agreement.
Governing Law: This Agreement shall be governed by the laws and judicial decisions of the State of South Dakota, applicable to contracts entered into and performed entirely within the State of South Dakota, without regard to the conflicts of laws principles thereof. All disputes, controversies or claims arising out of or relating to this Agreement, which are not settled by the parties hereto shall be settled by binding arbitration conducted by the American Arbitration Association ("A.A.A.") in Sioux Falls, South Dakota, in accordance with the A.A.A. Commercial Arbitration Rules then in effect (and not under any other or ancillary rules or procedures such as the Supplementary Procedures for Consumer-Related Disputes or the Wireless Industry Arbitration Rules). Any claims shall be brought in the parties′ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The award rendered in any arbitration will be final and binding, and may be enforced in any court of competent jurisdiction. You and GWB agree that each will bear its own costs and fees incurred in any arbitration hereunder, and that the arbitrator shall not have the power or authority to award costs or fees to a prevailing party.
Security Procedures: By using any Great Western ebanking Services, you agree to abide by any security procedures which GWB sets forth for electronic/online/mobile banking transactions. You agree that any such security procedures are commercially reasonable, and you agree that any transactions (including funds transfer instructions, as applicable) initiated by you or through your accounts will be made in compliance with such procedures and may be relied on by GWB, unless you previously gave GWB notice of unauthorized use, and GWB had a reasonable opportunity to respond to and act on such notice of unauthorized use.
Risk of Loss: In the event of a GWB system failure or interruption, your data may be lost or destroyed. Any transaction(s) that you initiated, were in the process of completing, or completed shortly before a system failure or interruption should be verified by you through means other than online to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any such system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction(s) so affected.
Terms And Conditions: You agree to be bound by all the terms and conditions of this Agreement and acknowledge your receipt and understanding of all applicable disclosures.
In addition to this Agreement, you may have a separate agreement for each of your Registered Accounts and Great Western ebanking Services, and those agreements will continue to apply to each of them. If this Agreement conflicts with another agreement regarding Great Western ebanking Services, then this Agreement will take precedence, unless this Agreement specifically states otherwise, with respect to the Registered Account or Great Western ebanking Service it is associated with. However, the conflicting terms will remain in effect to the extent they apply in a manner that does not cause a conflict hereunder.
Amendment And Termination: GWB has the right to change, amend or restate this Agreement and/or any Addendum, Exhibit or Schedule hereto at any time by notice mailed to you at the last address shown for the Account on GWB′s records, by posting notice in branches of GWB or GWB′s website or as otherwise permitted by law. Upon receiving notice of any such changes, you agree to be bound to such changes, or, if you do not agree to such changes, you should discontinue your use of the Services. You may terminate this Agreement and/or any Addendum hereto by notifying GWB at least seven (7) days in advance in writing to Great Western Bank, P.O. Box 2345 Sioux Falls, SD 57101. GWB is not responsible for any transaction made or initiated before GWB has a reasonable opportunity to act on your termination notice. GWB also has the right to terminate this Agreement and/or any Addendum hereto at any time. You remain obligated for any transactions initiated prior to such time of any termination, and for any payments made by GWB on your behalf.
Subject to the terms and conditions of this Agreement, you may use the Great Western ebanking Service to access your Registered Accounts, obtain Great Western ebanking Services, and perform authorized transactions through the Web Site. The eligible Registered Accounts and Great Western ebanking Services are described on our Web Site and may change from time to time, at our sole discretion. You agree that you are responsible for acquiring and maintaining a computer or any other electronic device and equipment that can properly access the Great Western ebanking Service. You are also responsible for all fees and costs associated with accessing the Great Western ebanking Service and your Registered Accounts. With respect to your Registered Accounts, available transactions may include obtaining balance information, transaction history and other information. In some instances, balances and transaction history may only reflect activity conducted through the close of the previous Business Day.
If a Registered Account is owned by more than one person or has more than one authorized signer, you agree that each such person will individually have the right to effect any transaction on such Registered Account, provide GWB with instructions to effect such transactions, or make any request associated with any Registered Account and related Great Western ebanking Services, to the extent allowed by the terms, conditions or governing provisions of the Registered Account. Representatives acting as your agent, or otherwise on your behalf, with regards to the Registered Account(s), will be bound by this Agreement and any separate agreement governing the Registered Account or Great Western ebanking Service, however you will at all times remain responsible for their actions. GWB may rely and act on the instructions of any such person without liability to you. All transactions that an authorized signer performs on a Registered Account or Great Western ebanking Service, including those you did not authorize, are nevertheless deemed authorized by you. You are solely responsible for those transactions, and GWB is not responsible for them. You agree that any requirement of verifying two or more signatures on any item, such as checks, will not apply to electronic or telephone transfers, and GWB will have no liability when allowing these kinds of transfers without the requisite verification. Notwithstanding any provision hereof, or any provision of any other agreement between you and GWB, you acknowledge and agree that any person who is reflected on GWB′s records as authorized signer on your Registered Account is authorized by you to individually make electronic or telephone transfers, even if such person′s authority to transfer or withdraw funds from your account(s) by some other means such as by writing a check, must be exercised jointly with one or more other person(s).
GWB shall not be liable or responsible for failure to perform, delays or errors, which occur by reason of acts of civil or banking authorities, national emergencies, labor difficulties, acts of God, insurrection, war, power supply failure, malfunctions or unavoidable difficulties with GWB′s wire transfer equipment, or any other cause or condition beyond GWB′s control.
DISCLAIMER: THE SERVICES AND RELATED DOCUMENTATION IS PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, GWB DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES. YOU UNDERSTAND THAT SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THAT THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND THAT YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
GWB Services:To enroll in any GWB product or service offerings, you will be required to execute, in a manner satisfactory to GWB, certain documents which may include agreeing online. In such instances, the terms of this Agreement and the applicable Addendums, Exhibits and Schedules hereto shall apply and govern your use of such products and Services. In addition, account disclosures can be accessed via links in this Agreement and/or the applicable Addendums, Exhibits and Schedules set forth herein or therein.
MOBILE BANKING SERVICE ADDENDUM
This Mobile Banking Service Addendum is part of, and subject to the terms of, the Great Western ebanking Agreement, the terms of which are incorporated herein by this reference. Capitalized terms used herein without definition shall have the meanings given such terms in the Great Western ebanking Agreement. To the extent of a conflict in the terms of this Addendum with the terms of the Great Western ebanking Agreement, the terms of this Addendum shall govern.
Mobile Banking: Mobile Banking is a personal financial information management service that allows you to access GWB account information, make payments to payees and make such other banking transactions as are described herein or on our Web Site at www.greatwesternbank.com. The term "Mobile Banking Services" includes and refers to the GWB Mobile App, Text Banking, and Mobile Web services. To utilize the Mobile Banking Services, you must be the owner of a Registered Account with GWB, and you must have a compatible and supported Handheld Device. Once you have properly enrolled in Great Western ebankingand installed any necessary software, your enabled Registered Accounts will be accessible through your Handheld Device. We reserve the right to modify the scope of the Mobile Banking Services at any time. The most up-to-date list of Mobile Banking Services is posted on the Mobile Banking page of our website at www.greatwesternbank.com.We reserve the right to refuse to make any transaction you request through the Mobile Banking Services. You agree and understand that the Mobile Banking Services may not be accessible or may have limited utility over some wireless networks, such as while roaming. Certain Mobile Banking Services may be available for some carriers and not for others. All terms applicable to Great Western ebanking apply to Mobile Banking Services. You are first required to have Bill Pay features set up previously in Great Western ebanking to use these functions in the Mobile Banking Services.
Mobile Web: Internet access is needed to use the Mobile Web Site. Your wireless carrier′s message and data rates may apply. Check with your wireless carrier. Refer to GWB′s Mobile Internet Access Guide for further information and features.
Text Banking: GWB offers their customers mobile access to their account information (e.g., for checking balances and last transactions) over text messaging, as well as the option to set up alerts for their accounts (e.g., low balance alerts). Message and data rates may apply. Although GWB does not charge any fee for Text Banking services, your mobile service provider may assess a charge (including data rates) for your sending and receiving text messages on your Handheld Device. Message frequency depends on account settings. Charges which you incur through your wireless carrier will appear on your wireless bill. Your carrier does not guarantee the availability or functionality of GWB′s text banking product. If you change wireless carriers, you may be required to re-enroll. Check with your service provider for details on specific fees and charges that may apply. You may also contact GWB by phone at 1-800-952-2043, or by mail at Great Western Bank, P.O. Box 2345 Sioux Falls, SD 57101 for assistance or to cancel the service. Text Banking is not available on all carriers. Supported carriers include the following:
AT&T US Cellular® Verizon Wireless Virgin Mobile T-Mobile®
Sprint/Nextel l CellularOne(Dobson)
See Great Western Bank′s Text Banking Guide for further information and features.
GWB Mobile App: GWB′s Mobile App is a downloadable Great Western ebanking application which allows you to perform certain banking tasks from your Handheld Device. See GWB′s Mobile App Guide for further information and features.
Great Western ebankings' mobile feature also support certain other GWB services, such as Bill-Pay Services and mobile check deposit,. You will need a current GWB account to access mobile banking. Access to mobile banking is subject to network coverage of your mobile service provider and your subscription with them for mobile/wireless internet. To use Mobile Web and any Mobile Banking Services Applications, your Handheld Device will need to be enabled for internet browsing. Your mobile service provider′s message and data rates may apply.
Your use of Great Western ebanking or may also be affected by the agreements between GWB for your enabled GWB accounts. By enabling an account on Great Western ebanking it does not change any account agreements you already have with GWB for such account(s), but in the event the terms of this Addendum contradict with any other agreement you have with GWB, the terms of this Addendum shall control except as specifically provided herein. You should review those agreements for any applicable fees, for limitations on the number of transactions you can make, and for other restrictions that might impact your use of an account with Great Western ebanking Services.
By participating in Great Western ebanking, you are representing to GWB that you are the Owner or you have the authority to act on behalf of the Owner of the mobile phone number or E-mail address you are using to send or receive messages regarding any transactions, including money transfers, affecting any Registered Account. You also represent to GWB that you are of the age of majority in your respective state, that you are agreeing to the terms and conditions presented here, and that you are the owner of the Registered Accounts involved in your Mobile Banking transactions. In addition, you are consenting to the receipt of E-mails, push notifications, or automated text messages from GWB, or its third party providers, regarding the transactions and represent to GWB that you have obtained the consent of the recipients of your intended transfers to the receipt of such E-mails or automated text messages.
USE OF THE INTERNET OR HANDHELD DEVICES TO ACCESS YOUR ACCOUNTS WITH GWB OR TO CONDUCT BANKING TRANSACTIONS IS INHERENTLY RISKY. GWB is not responsible for the security and confidentiality of the Registered Account information if you: (a) use wireless connections to download your account information, in which case you acknowledge such connection may permit other persons to access the information being downloaded, or (b) allow other persons access, authorized or not, to your personal computer or Handheld Device. You understand and agree that you assume any and all risk that any Registered Account information you transmit or download and store in your personal computer, Handheld Device or related software may be accessed by unauthorized third parties. If you download, store or transmit any information in a manner that is not secure, GWB cannot be responsible for the security and confidentiality of that information, or any errors or omissions in the delivery or transmission of the Registered Account information from GWB to you. You (and any other Owner) are solely responsible for the security and confidentiality of such Registered Account information. You agree that any Registered Account information that you download, store or transmit is done at your own risk and you are solely responsible for any damage that might occur to the computer (or other electronic device) to which you download any information, or any loss or corruption of data that might occur as a result of the downloading or its storage in a computer or other electronic device. You acknowledge that text messages you receive from GWB are not encrypted, and agree that neither you nor GWB will transmit sensitive information through text messaging.
GWB has no duty to monitor the online transfers or payments that you make. You assume the entire risk of using Great Western ebanking properly to ensure that funds are transferred and bills are paid properly and timely. GWB will not be responsible for any charges imposed or any other action taken by a payee/merchant resulting from a bill payment that you have not scheduled properly, including any applicable finance charges and late fees. In addition, GWB will not be liable if any third party through whom any bill payment is made fails to transmit the payment or the payment instruction properly to the intended payee/merchant, or if the merchant/payee or its bank fails to transmit a payment instruction or record a bill payment properly.
You agree not to use Great Western ebanking or the content or information delivered through Mobile Banking in any way that would: (A) infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, including any rights in Third Party Software (as defined below); (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Great Western ebanking to impersonate another person or entity; (c) violate any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully harassing; (g) potentially be perceived as illegal, offensive, or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Banking, (i) interfere with or disrupt the use of Mobile Banking by any other user; or (j) use Mobile Banking in such manner as to gain unauthorized entry or access to the computer systems of others.
In using the Great Western ebanking Services, you understand that payees may return payments for various reasons such as, but not limited to, payee′s account number is not valid; payee is not available to locate account; or payee′s account is paid in full. GWB will use reasonable efforts to research and correct the returned payment and return it to your payee, or void the payment and credit your account.
You agree that GWB will not be liable to you or any Owner for: (a) your inability to use the download, transfer and/or bill pay option; (b) the accuracy, timeliness, loss or corruption, or misdelivery of any Registered Account information, transfer, bill payment or any other information; (c) unauthorized access to your Registered Account(s) or to your account information and any misappropriation, or alteration, of your account information or data, to the extent the unauthorized access results from your acts or omissions; or (d) your inability to access your Registered Account for any reason whatsoever, including failure of any software or hardware, interconnectivity problems with communications providers or Internet service providers, natural disasters, strikes, or other events outside of GWB′s control.
Third-Party Software. From time to time, GWB may provide you the option of downloading certain third-party software, products and/or content, including Great Western ebanking Applications, to your Handheld Device ("Third Party Software"). You acknowledge and agree that, although GWB may provide you with the opportunity to obtain a license to use such Third Party Software, you, and not GWB, are solely responsible for obtaining such valid and separate license agreements as are required by the provider of such Third-Party Software. In addition, by accessing such Third Party Software, you may become subject to certain disclosures, notices and limitations of liability, and you agree that GWB will have no liability for or obligations regarding your access to and/or use of such Third Party Software. Certain functionality included in such Third Party Software may allow the provider of such Third party Software to access certain personal information of yours, including your whereabouts from time to time. You should only download applications, including bank apps, from reputable sources to avoid malware and viruses that may compromise their information. GWB does not monitor, review, or endorse any Third-Party Software.
You understand and agree that (a) you assume any and all risk that any Third-Party Software you download and install, or any information you enter into the Third-Party Software, may be accessed by unauthorized third parties; (b) if you use the Third-Party Software to transmit information, you and the Third-Party-Software provider, and not GWB, are responsible for the security and confidentiality of that information; (c) any Third-Party Software that you download is done at your own risk and you, and not GWB, are solely liable and responsible for any loss or damage (including any loss or corruption of data) that might occur to the personal computer or other electronic device, including your Handheld Device, from which you access, or to which you download/install, any Third-Party Software. You also agree that you are solely responsible for acquiring and maintaining a computer or other electronic device that has capabilities of handling and accessing the Third-Party Software, including any necessary equipment such as a modem, and that you are responsible for all costs associated with accessing the Third-Party Software. Furthermore, you accept the responsibility to install updates, patches, or other modifications to the Third-Party Software as provided to you by GWB or its affiliates.
Disclaimers for Third-Party Software. You agree that, as between you and GWB, any Third-Party Software you access or download is provided to you "as is", and GWB makes no warranties and shall have no liability as to: (a) the accuracy, completeness, availability or timeliness of the information, text, graphics, or other items provided, stored, evaluated or processed through the Third-Party Software; (b) any errors or omissions in the delivery, transmission or installation of the Third-Party Software, even if transmitted from GWB to you; and (c) such Third-Party Software′s merchantability, fitness for a particular purpose and non-infringement of any third-party rights. Some states do not allow limitations on how long an implied warranty lasts, so that the above limitations may not apply to you, and that you may also have other rights, which vary from state to state.
You agree that GWB will not be liable to you for: (a) your inability to download, use or access any Third-Party Software; (b) the accuracy, timeliness, loss or corruption, or improper delivery, of any information, including Registered Account information, accessed, transmitted, processed or stored by any Third-Party Software; or (c) unauthorized access to any of your account information, including Registered Account information, and any misappropriation, loss, destruction, corruption, or alteration of such information or data as a result of your access to or installation or use of such Third-Party Software.
You understand that some states do not allow limitations on liability and implied warranties lasts, so that the above limitations may not apply to you. You may also have other rights, which vary from state to state.
REMOTE DEPOSIT CAPTURE SERVICE ADDENDUM
We act as a depository for your funds pursuant to the deposit account agreement between you and us (the "Account Agreement"). Remote Deposit Capture Service (the "RDC Service") is designed to allow you to make deposits of checks to your depository accounts at GWB (each an "Account") by scanning the checks and electronically transmitting the digital images and associated deposit information to us. You may use your Handheld Device to deposit original checks. This Remote Deposit Capture Service Addendum ("Addendum"), together with the , is part of, and subject to the terms of, the Great Western ebanking Agreement ("Great Western ebankingthe terms of which are incorporated herein by this reference. If we make changes to this Addendum, we will update the Addendum on our website. We will notify you of changes as specified in the Great Western ebanking and as required by applicable law. In the event of a conflict or discrepancy between this Addendum or the User Guide, and the Great Western ebanking and/or the Account Agreement, the following order of precedence shall apply to the extent necessary to address such conflict or discrepancy: (1) Addendum, (2) User Guide, (3) Great Western ebanking, (4) Account Agreement.
Definitions. Capitalized terms and definitions used herein without definition shall have the meanings given such terms in the Terms and Conditions of the Great Western ebanking. To the extent of a conflict in the definition of terms of this Addendum with the definition of terms of the Great Western ebanking, the terms of this Addendum shall govern.
Description of Service. We will determine whether you are eligible for the RDC Service in our sole discretion. If eligible, and in order to enroll and use the RDC Service, you must have a valid email address, maintain your GWB account in good standing, be enrolled in our Great Western ebanking program, and our RDC Service application must be installed on your Handheld Device. You acknowledge and agree that no transaction made through or using the RDC Service is an "electronic fund transfer" as defined by the federal Electronic Fund Transfer Act and/or Regulation E of the Consumer Financial Protection Bureau.
Acceptance of Terms. Your enrollment in the RDC Services constitutes your acceptance of this Addendum. We reserve the right in our sole discretion, from time to time, to add to, delete and change the terms and charges for the RDC Services described in this Addendum by notifying you of such change in writing. Your continued use of the RDC Services will constitute your acceptance of such changes.
Check Images. You agree that you will use the RDC Service only to scan and transmit images of "checks,' as that term is defined in Regulation CC of the Board of Governors of the Federal Reserve System, as amended ("Reg CC"), for deposit to your Account. You agree that the image of any check that is transmitted via the RDC Service shall be deemed an "item" within the meaning of Article 4 of the Uniform Commercial Code.
Transaction Limits. We may from time to time establish or change limits on your use of the RDC Service, including but not limited to, limits on the dollar amount and/or the number of checks you may transmit using the RDC Service. We may accept or reject any transaction you attempt in excess of these limits in our discretion. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to this Addendum and we will not be obligated to allow such a deposit at other times.
RDC Service Fees. There is no charge for the RDC Service, but other fees, such as for returned items or overdrafts, may apply. See our Schedule of Fees. In the event that we determine to charge a fee to you for RDC Services, we will provide you no less than 30 days prior notice. You will be required to designate an account at GWB from which fees for the RDC Service will be debited (your "Billing Account"). If the Billing Account is closed, or if the Billing Account does not have sufficient available funds to cover the fees, you authorize us to charge any such fees to any other deposit account you maintain with us.
Ineligible Items. You agree that you will not use the RDC Service to scan or transmit any "Ineligible Items." Ineligible Items include any check that:
- is prohibited by our then current procedures pertaining to the RDC Service or that is in violation of any law, rule or regulation;
- is a counterfeit item or bears any alteration or that you know or suspect, or should know or suspect,
- is fraudulent or otherwise not authorized by the owner of the account on which the check is drawn;
- is either a "substitute check" (as defined in Reg CC or other applicable federal law or regulation) or an "image replacement document" that purports to be a substitute check;
- is drawn on a financial institution that is located outside of the United States; is a "remotely created check" as that term is defined in Reg CC;
- is not payable in United States currency; is payable to you and another party who is not a joint owner on the account; is payable on sight or is a payable through draft, as defined in Reg CC; has any endorsement on the back other than the endorsement specified in this Addendum; has been previously submitted through the RDC Service or through any remote deposit capture service offered by any other financial institution, physically deposited at another financial institution, or returned such as "non-sufficient funds" or "refer to maker" or returned for any other reason; is a money order, cashier's check or traveler's check;
- is payable to any person or entity other than you (i.e., payable to another party and then endorsed to you);
- is dated more than six (6) months prior to the date of scanning and transmission; and/or is not otherwise acceptable to us for deposit into your Account pursuant to the Account Agreement.
Image Quality and Requirements. Images of checks transmitted to us through the RDC Service 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, signature(s), any required identification written on the front and any endorsements applied to the back. The image quality must meet, in our sole and absolute judgment, the standards and requirements of legibility that we establish from time to time. The images also must comply with the applicable standards and requirements of the American National Standards Institute (ANSI), the Board of Governors of the Federal Reserve Board, and/or any other regulatory agency, clearinghouse or association.
Endorsements. When you use the RDC Service to transmit a check image to us, you agree to endorse on the back of each check in the space provided for endorsements your legally-binding signature as it appears in the "Payee" line. A check payable to you or your joint account owner shall be endorsed by either of you and a check payable to you and your joint account owner shall be endorsed by both of you. You agree to apply any restrictive, qualified or conditional endorsement to any check in connection with your use of the RDC Service that we may require from time to time and, notwithstanding any restrictive, qualified or conditional endorsement you may apply to the check without our approval or direction, we may handle and process any check image you transmit to us through the RDC Service in accordance with the terms of this Addendum. Checks received that are not endorsed in accordance with this paragraph may be rejected without any liability to you.
Transmission of Images. You agree to follow any and all procedures, instructions and guides for use of the RDC Service as we may require or provide from time to time. You are solely responsible for the transmission, quality, completeness, accuracy, validity and integrity of the transmitted images. We are not responsible or liable to you for images that are dropped during transmission, that we do not receive, or that are intercepted or altered by, or misdirected to, any unauthorized third party. We have no obligation to accept any check images you transmit through the RDC Service and may reject any check images that you transmit in our sole and absolute discretion without liability to you.
Receipt of Images. Images shall be deemed received by us when you receive an electronic confirmation from us that we have received the image. Such confirmation confirms only the receipt of the image and does not confirm that the transmission was complete or error free, that the check will be presented for collection, will be honored by the drawee, and/or that the check amount will be credited to your account. We will use commercially reasonable efforts to review each image and reject any image that we in our sole discretion determine to be ineligible for the RDC Service because the transmission was incomplete, the check or transmission contained errors, the check is an Ineligible Item, the check exceeded the dollar or number limitations, or we determined to reject for any other reason in our sole discretion (each an "Exception Item"). We will notify you of each Exception Item via email and you may submit the original check to us for processing unless we instruct you otherwise. If you do submit the original check for processing, we reserve the right to refuse to process it and may instead require you to have the check reissued. We will not be deemed to have "received an image for deposit" until we have confirmed the same to you via email.
Your Representations and Warranties to Us. Each time you use the RDC Service to transmit any check image to us, you represent and warrant to us that:
- the check is not an Ineligible Item and otherwise complies with the requirements of this Addendum;
- the image transmitted by you to us contains a true and accurate rendition of the front and the back of the original check, without any alteration, and that the amount, payee(s), signature(s) and endorsement(s) thereon are legible, genuine, authorized and accurate;
- the original check was authorized by the drawer in the amount stated on the original check to the payee(s) thereon and you are authorized and entitled to enforce and obtain payment of the check;
- the check is not subject to a defense or claim in recoupment of any party that can be asserted against you;
- you have no knowledge of any insolvency proceeding commenced with respect to you or the drawer of the check;
- the check, in the event of any dishonor or nonpayment by the drawee, is enforceable against both you and the drawer of the check;
- other than the image of the original check that you remotely deposited through the RDC Service, there are no other duplicate images of the original check and you will neither create nor transmit through the RDC Service any duplicate image of the check;
- neither you nor any other person has or will deposit or otherwise negotiate or 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 on the check that is in the process of payment or has already been paid;
- You are in possession of the original check and have handled it in accordance with applicable laws, rules and regulations;
- neither we nor any subsequent transferees of the check or its image will sustain a loss as the result of the fact that an image of the check, instead of the original check, was accepted by us through the RDC Service, presented for payment, or returned;
- the image of the check contains no computer viruses, or other harmful, intrusive, or invasive codes or disabling features that may have an adverse impact on our network, data or related systems;
- all information you have provided to us in connection with the RDC Service and the transaction is true, accurate, and current; and
- your use of the RDC Service is for lawful purposes and in compliance with all applicable laws, rules and regulations and the transaction otherwise complies in all respects with your duties, obligations, and agreements under this Addendum.
RDC Service Unavailability. RDC Service may be unavailable temporarily due to causes beyond our reasonable control, system maintenance or technical difficulties, including those of the internet service provider, cellular service provider and internet software. In the event that RDC Service is unavailable, you acknowledge and agree that you are solely responsible for using alternative available means of depositing the original check and that we are not responsible or liable for any loss, liability, damages, expenses or cost of any kind resulting from any delay in the RDC Services. You may deposit the original checks at our branches.
Collection of Checks. Following confirmation that we "received an image for deposit," we may process the image by preparing a "substitute check" or clearing the item as an image as we determine in our sole discretion and such checks will be treated as deposits under your Account Agreement with us and subject to all terms of the Account Agreement. We, in our sole discretion, may select clearing agents to collect and present check images, and our selection of clearing agents shall be binding on you as though you had directly appointed such agents. We shall not be liable for the negligence or other misconduct of any clearing agent. You agree to be bound by any agreements entered into by and between us and any clearing agents, and you agree to be bound by all laws, regulations, and clearing house and association rules that may apply to checks or images transmitted using the Service.
Funds Availability. For purposes of funds availability, checks transmitted through the RDC Service that are submitted for collection are considered deposited at a branch of GWB. All checks deposited are subject to final review by an authorize employee of GWB. Check images confirmed as "received an image for deposit" before close of business on a business day will be credited to your account within 24 hours of receipt. Deposits confirmed received after close of business, and deposits confirmed received for deposit on holidays or days that are not business days will be credited to your account within 24 hours of the following business day. However, at any time in our sole discretion, including due to any concern we may have regarding our ability to collect based upon any check image that you present, we may hold for an additional time period. You will be notified of any extended hold. Funds will be available as described in our Funds Availability Disclosure. Any credit to your account for checks deposited using RDC Service is provisional.
Returned Deposits. If original checks deposited through RDC Services are dishonored, rejected or otherwise returned unpaid by the drawee, or are 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, that we may charge back the amount of the original check and provide you with an image or paper reproduction of the original check, a substitute check, or in the case of ACH entries, automated clearing house 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 check that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.
Errors. You agree to immediately notify us of any suspected errors regarding checks deposited through the RDC Services by calling our Customer support at (800) 952-2043 or writing Customer Service at Great Western Bank, attn: Great Western ebanking, PO Box 2345, Sioux Falls, SD 57101, as soon as you identify any errors or discrepancies in your statement or transaction record. When you write, please include the information required for errors or questions set forth in the Great Western ebanking. Any deposits made through the RDC Services will be reflected on your monthly periodic statement. You understand and agree that you are required to notify us of any error relating to images transmitted using the RDC Services by no later than sixty (60) days after you receive the monthly periodic statement that includes any transaction you allege is erroneous. Unless otherwise prohibited by applicable law, you are responsible for any errors that you fail to bring to our attention within such time period.
Your RDC Security Obligations. You shall comply with your security obligations as set forth in this Addendum, the User Guide and the Great Western ebanking. You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your Handheld 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. You will ensure the safety and integrity of original checks from the time of receipt until the time of destruction. You and any individual authorized by you to access the RDC Service (a "User") shall do so by entering a user name and a password, or other unique identifier that may be required (collectively referred to herein as "Security Credentials"). No person employed by us will have access to any Security Credentials you or your Users create. From time to time, we may require you to use additional security and authentication procedures.
Disposal of Transmitted Checks. After you transmit any check image to us and receive confirmation from us that we have received the image, you agree to securely store the original check for 14 calendar days (the "Check Retention Period"). During the Check Retention Period, you agree to take appropriate measures to ensure that only authorized persons will have access to the check, the information contained on the check will not be improperly disclosed, and that the check will not be duplicated, further scanned and transmitted through any remote deposit capture service, and/or deposited or negotiated in any form. Upon our request, you will deliver to us within 10 calendar days, at your expense, the original check. If not provided in a timely manner, the amount of the check will be reversed from your Account. Promptly after the expiration of the Check Retention Period, you agree to destroy the original check by first marking it "VOID," and then destroying it by cross cut shredding or another commercially means of destruction such as to render it incapable of further transmission, deposit, negotiation or presentment. After destruction of the original check, the image will be the sole evidence of the original check.
RDC Service Technology. You will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or RDC Service; copy or reproduce all or any part of the technology or the RDC Service; or interfere, or attempt to interfere, with the technology or RDC Service. We and our technology providers retain all rights, title and interests in and to the RDC Services, software and development made available to you.
Your Indemnification Obligation. In addition to the other indemnification provisions set forth in this Addendum, you will indemnify us, our affiliates, and the respective officers, directors, employees, agents and equity holders of us and our affiliates (collectively, "Indemnities") and hold each of the Indemnities harmless from and against any and all claims, actions, proceedings, demands, damages, liabilities, costs and expenses, including reasonable attorneys' fees and expenses, arising from or relating to your use of the RDC Services and/or breach of this Addendum, unless the same directly results from any of the Indemnities gross negligence or willful misconduct. This obligation survives the termination of this Addendum.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF THE RDC 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 ANY RDC SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT TO THE EXTENT ALLOWABLE BY APPLICABLE LAW. WE MAKE NO WARRANTY THAT ANY RDC SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN ANY RDC 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 THE RDC 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.
Email Address. You agree to notify us immediately if you change your email address. You can change your email address in Great Western ebanking or calling Customer Care at (800) 952-2043.
Suspension and Termination of RDC Service. We may suspend or terminate your use of the RDC Service at any time and without prior notice to you. If you violate the terms of the RDC Service, then we also may use such actions as a basis to terminate your account relationship with us. In the event of termination of the RDC Services, you will remain liable for all transactions performed on your Account.