The Bank of Commerce Online Banking Services End User Agreement

This Online Banking End User Agreement (“Agreement”) describes your rights and obligations as a user of the Online Banking Services provided by The Bank of Commerce (“Bank”).  It also describes the rights and obligations of the Bank.  Please read this Agreement carefully.  By requesting and using one of these services, you agree to comply with the terms and conditions of this Agreement.
This Agreement also describes many of the features and services that Online Banking provides and how they work.  You should print and/or save a copy of this Agreement for your records.  

Definitions

 

• Agreement – means the terms and conditions of the Online Banking Services
• The words you and your, refer to either and all of the persons agreeing to the online agreement
• The words we, us, Bank and our, refer to the financial institution identified in this agreement
• Account  - means the primary checking account (or checking accounts) designated by you that will be debited for payments to Payees initiated through the Service
• Authorized Signer -  refers to a person who has authority of any kind with respect to an account or transaction
• Business Day -  means Monday through Friday, excluding Saturday, Sunday and designated federal banking holidays
• ISP – means Internet Service Provider

Online Banking Services

In addition to this agreement, you may have a separate agreement for each of your accounts with us. Each account is still subject to those same agreements. If there is any conflict between this agreement and the deposit account agreement regarding the account, then the deposit account agreement takes precedence. Conversely, if there is a conflict between this agreement and the deposit account agreement regarding online banking, then this agreement takes precedence.  

Online Banking and Authorized Signers

If an account is owned by more than one person, or has more than one Authorized Signer, each person individually has the right to provide us with instructions, make any decision, obtain any information or make any request associated with the account and related online banking (subject to the extent of the terms and conditions of the account). We may rely and act on those instructions of any such person without having liability to you. All transactions that an Authorized Signer performs on an account, including those which you may not be aware of or intend to do are considered transactions authorized by you. You are responsible for those transactions and will not hold The Bank of Commerce liable for them.

If you make someone an Authorized Signer on an account and they enroll in the online banking service, we may consider them an Authorized Signer in our own discretion.  If you notify us that an Authorized Signer is no longer authorized, you must give us an appropriate length of time to act on the notice. Only after those times will any transactions be considered unauthorized. Business owners may delegate authority to access the system to other employees in their business and may do so, in accordance with the requirements and procedures we provide to you from time to time. We may discontinue offering this option at any time without prior notice.

Access to Services

You will gain access to your Online Accounts through the use of your Internet-enabled device, your ISP, your Password and your User ID. You may access your Online Accounts 24 hours a day, seven (7) days a week. However, availability of the Services may be suspended for brief periods of time for purposes of maintenance, updating and revising the software.

For purposes of transactions, the Bank's business days are Monday through Friday, excluding holidays and weekends. All Online Banking transaction requests received after 6:00 p.m. on business days and all transactions which are requested on Saturdays, Sundays, or holidays on which the Bank chooses to remain closed, will be processed on the Bank's next business day.

Limitations on Frequency of Transfers

In addition to limitations on transfers elsewhere described, if any, the following limitations apply:  transfers and withdrawals from a savings or money market account to another of your accounts or to third parties by preauthorized, automatic or computer transfer, or by check draft, debit card, or similar order, cannot exceed six per calendar month or statement cycle. Fees apply for exceeding these limits.  See your Account agent for details.

Termination

We can terminate your right to participate in our Online Banking Service(s) at any time at our discretion or if you fail to comply with these terms or the terms of your account agreement with us.

Changes in Terms and Features

We reserve the right to amend, terminate or modify the options, features and services included or offered in our Online Banking Service as we may see fit from time to time without notice to you, and no such amendment, termination or modification shall constitute a breach of this Agreement.  We can change these terms by giving you notice as required by law.  Continued use of our Online Banking Service by you after notice of a change in terms constitutes acceptance of the change.

Notices

Notices will be in writing and mailed or hand delivered, except that we can give them to you electronically if you have so consented.  Notices to you are effective when given, regardless of whether you receive them.  Notices to us are effective only when we actually receive them.

Liability

This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking Services accounts. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking Services as delineated in this Agreement.

We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our gross negligence.

We will not be liable to you in the following instances:

• If through no fault of the Bank, you do not have enough money in your account to make the transfer
• If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken
• If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy
• If your funds are subject to a legal proceeding or other encumbrance is restricting the transfer
• If your transfer authorization terminates by operation of law
• If you believe someone has accessed your accounts without your permission and you fail to notify the Bank immediately
• If you have not properly followed the instructions on how to make a transfer included in this Agreement
• If we have received incomplete or inaccurate information from you or a third party involving the account or transfer
• If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement

IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT.

Online Banking Services is your acknowledgment that you have received these agreements and intend Indemnification. You agree to indemnify, defend and hold us, our affiliate companies, directors, officers, employees and agents harmless against any third party claim, demand, suit, action or other proceeding and any expenses related to an Online Banking Services.

Third Parties

We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an internet browser provider, by an internet access provider, or by an online service provider, nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access an Online Banking or Bill Payment account.

Virus Protection

The Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.

Electronic Mail (Email)

If you send the Bank an email message, the Bank will be deemed to have received it on the following business day. You should not rely on email if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur.

Email Security

Email transmissions outside of the Online Banking site are not secure. We advise you not to send us or ask for sensitive information such as account numbers, password, and account information, etc. via any general or public email system. If you wish to contact us electronically, please use the CONTACT US provided in our Online Banking site. Use this secure form to email the Bank regarding inquiries about an electronic funds transfer error resolution, reporting unauthorized transactions, or contacting the Bank regarding other concerns of a confidential nature.

EXCLUSIONS OF WARRANTIES
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Fees

  

The Bank offers the benefits and convenience of the Online Banking Services to consumer accounts at no cost.

Service Transactions

 

• make payments to a Payee from your Accounts
• review past or scheduled payments from your Accounts
• order transfers of funds among eligible Accounts
• order transfers of funds from Accounts to certain loan accounts accessible through online Banking
• perform balance inquiries with respect to each Account accessible through online Banking
• view account activity within each Account
• order checks through the Bank's approved provider
• access your monthly account statement(s)
• request advances from eligible loan accounts accessible through Online Banking to your Primary Checking Account

 

Password Security

You are responsible for keeping your password and Online Account information confidential.  In order to protect yourself against fraud, you should adhere to the following guidelines:

• Do not give out your account information, password, or user ID
• Do not leave your PC or mobile device unattended while you are in the Bank’s Online Banking Site
• Never leave your account information within range of others
• Do not send privileged account information (account number, password, etc.) in any public or general email system

If you believe your password has been lost or stolen, or if you suspect any fraudulent activity on your account, call the Bank immediately at the numbers listed below between the hours of 8:00 AM – 5:00 PM Monday through Thursday and 8:00 AM – 6:00 PM on Friday.   Telephoning the Bank is the best way of minimizing your losses and liability. 

Bank Contact Information/ Address Changes

You agree to notify us immediately of any change in your mailing address, e-mail address or other information relevant to this agreement. To notify us of your email address change, contact us by phone or by mail. It is your responsibility to notify the Bank in writing of changes to your mailing address for US Mail delivery of other account documentation, including, but not limited to, all year-end tax reporting documents.

If you have inquiries regarding your Online Banking Service, please contact us at:
The Bank of Commerce
Internet Department
PO Box 1887
Idaho Falls, ID  83403
Business Days:  Monday – Friday, Federal Holidays are not included.
Phone:  (208) 523-2020 

Electronic Statements

This disclosure contains important information about our electronic statement product, also referred to as Online eStatements. Agreeing to online statements will discontinue your paper statements. 

Online Statement Delivery

By accepting The Bank of Commerce Electronic Statement Disclosure Agreement, you consent and agree that we may provide certain disclosures and notices to you in electronic form, in lieu of paper form, including electronic delivery of statements (Online Statements) for your account(s).

Enrolling for Online statements

You may enroll for online statements at any time by accessing online statements within the Online Banking Service. Agreeing to the disclosure enrolls all accounts listed in your online banking.

Statement Availability

We will automatically turn off paper statements for your account(s) once you have enrolled for online statements. You will need to access all future statements for the account(s) through the Bank's Online Banking Service. You will be able to download, review and/or print your periodic account statements. Online statements are available online for 18 Months. Check images can also be easily accessed online for 2 months. Both Online statements and check images may be downloaded and saved or printed for permanent retention.
You can save copies of your statements to your hard drive or other media for viewing and printing at a later time by using the SAVE and PRINT buttons within Adobe Acrobat, not the browser buttons.

Reviews of Online Statements

Your receipt of online statements does not in any way alter your obligation to promptly review your online statements. You must promptly access/review your Online eStatements and any accompanying items and notify us in writing immediately of any error, unauthorized transaction or other irregularity. If you allow someone else to access your statement, you are still fully responsible to review the statement for any errors, unauthorized transactions, or other irregularities. All provisions as set forth in the applicable deposit account disclosure agreement(s), terms and conditions, and loan agreements shall continue to apply.

Requesting a Paper Copy of your Account Statement

At any time, you may request a paper copy of any periodic statement or disclosure which has been delivered electronically. Paper copies may be acquired by contacting your local branch. We will provide the statement to you via US Mail. You will be charged the standard research fees for production of a paper copy of your periodic statement. If you need help printing or if you need a paper copy, please contact the Bank at the address or phone number provided below.

Canceling Online eStatements

You retain the right to withdraw your consent for electronic delivery of periodic statements. You may withdraw your consent at any time by giving us at least ten (10) days prior notice. Contact us by phone or by mail. Once you have withdrawn your consent, we will then discontinue the online statement service for the account and paper statements and notices will be resumed. The cancellation of Online eStatements in no way affects the validity or legal effect of all Online eStatements and disclosures which have been previously delivered electronically under the Online eStatements Service. There is no fee to withdraw your consent and resume paper statements and notices.

Joint Accounts

If your account is owned jointly with another person either one of you may consent to receive or cancel Online eStatements and electronic notices/disclosures. Such consent to access Online eStatements shall apply to all owners. A notification e-mail to one owner of a joint account is considered notice to all owners.

Security

Your Access ID and Password are used to access Online Banking Services and should be kept confidential. We strongly recommend that you change your password regularly. You are responsible for keeping your password, account numbers, and other account data confidential. You further understand and agree to notify the Bank immediately if your password should become compromised or known to individuals who are not authorized by you.

System Requirements

In order for you to access and retain your online-statement records, your personal computer must meet the following requirements:

• Internet and e-mail access
• A certified/supported browser that supports 128-bit encryption
• Adobe Acrobat Reader 7.0 or higher

We may revise hardware and software requirements if there is a material chance that the changes may impact your ability to access Online eStatements, we will notify you of these changes in advance and provide you an opportunity to change your method of receiving disclosures (e.g. change to paper format vs. electronic format) without the imposition of any fees.

Change in Terms

The Bank reserves the right to change the terms and conditions of this agreement (including fee schedule) at any time, including the addition and deletion of Online eStatements Services. We will update this agreement on our website and may notify you of such changes by mail or electronic message to your most recent addresses listed on our records. The notice will be posted or sent at least thirty (30) days in advance of the effective date of any additional fees, any stricter limits on the type, amount or frequency of transactions or any increase in your responsibility for unauthorized transactions, unless an immediate change is necessary to maintain the security of the system. If such a change is made and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days after the change. By using the Online eStatement Service when such changes become effective, you agree to be bound by the revised terms and conditions contained in this agreement or you can decline the changes by discontinuing the use of the Online eStatement Service and notifying us of your election by US Mail.
The Bank reserves its right to terminate this Electronic Statement Disclosure Agreement and your access to the online statement service, in whole or in part, at any time, including, but not limited to, when you have not logged on to use the Online Banking Services for over 90 days.

Disclaimer of Warranty and Limitation of Liability

You agree that the Bank shall not be held liable if you are unable to gain access to the website or the Bank's Online Banking Service from time to time. You understand that some or all of the Online eStatements Services and/or other system services may not be available at certain times due to maintenance and/or computer, communication, electrical or network failure or any other causes beyond the Bank's control.

 We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with Online eStatements Service provided to you under the Agreement. We do not and cannot warrant that the Online eStatement Service will operate without error, or that the Online eStatement Service will be available at all times. Except as specifically provided in this Agreement or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under the Agreement or by reason of your use of the Online eStatement Service, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty or any other legal theory.

Proceed with Acceptance of Online Disclosures

With your acceptance of these disclosures, you agree to accept periodic deposit account statements including important notifications that may appear on your statements, in an electronic format instead of our mailing you a monthly paper statement. You also agree that you have the necessary equipment for accessing and viewing Online eStatements and you agree to notify us if you change your e-mail address or if you no longer want to receive statements electronically. You can still enroll at a later time within the Online Banking Service.

If you have inquiries regarding your account, please contact us at:
The Bank of Commerce
(208) 523-2020
PO Box 1887
Idaho Falls, ID 83403
Home.banking@bofc.bank

Online Bill Payment Services

The Bank of Commerce Bill Payment Online Service enables you to set recurring payments, make one time payments and track your payments to individual payees. No need to write checks and go to the post office. You can do this right from your home or office. The charge for this service will be:

Fees

Personal Accounts:            Free with unlimited withdrawals
Must be 18 or older to use this service.

External Transfers

You may make external transfers from your account at the Bank to an account at another financial institution via our online banking services.  There is an outgoing fee of $3.00 per transaction.

Electronic Bill Payment Authorization

I AUTHORIZE The Bank of Commerce to post payment transactions generated by PC or other electronic devices, from the Bill Pay Service to the account indicated on the form being sent electronically. I understand that I am in full control of my account. If at any time I decide to discontinue service I will provide written notification to The Bank of Commerce. My use of the Bill Pay Service signifies that I have read the terms and conditions of the Internet Banking Disclosure and Agreement which have been provided to me electronically by The Bank of Commerce.
I UNDERSTAND that I am responsible for any loss or penalty that I may incur due to the lack of sufficient funds or other conditions that may prevent the withdrawal of funds from my account.
The Online Bill Payment Service permits you to use your Internet enabled device to direct payments from your designated online Bill Payment Account to third parties you wish to pay. Any payments you wish to make through this Service must be payable in U.S. dollars to a payee located in the continental United States. We reserve the right to restrict types of payees to whom payments may be made using the Service from time to time.

Scheduling Payments

Funds must be available in your Bill Payment Account on the scheduled payment date. If the date you schedule a payment to be initiated falls on a nonbusiness day (Saturday, Sunday, or holiday), funds must be available in your Bill Payment Account the following business day (e.g. Monday).

You may choose to schedule payments to recur in the same amount at regular weekly, monthly, or semi-monthly intervals. When you create a new payee in the Bill Payment Service, it takes two (2) business days to set up the payee to receive payments. You should schedule a payment to a new payee at least ten (10) business days before any payment due date, to allow us time to set up the payee and verify information about your account with the payee.

For all subsequent payments, you agree to allow at least three to five business days between the date you schedule a payment to be initiated and the payment due date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period). If the payment is an Automatic Clearing House (ACH) electronic payment, it will take up to four (4) business days to reach the payee. However, if the company or person that you are paying cannot accept an electronic payment, the Bill Payment Service will send a check that may take up to ten (10) business days. If you do not follow these time frames, you will be fully responsible for all late fees, finance charges or other actions taken by the payee. If you schedule your payment and follow all instructions provided, but the payment is not received by the payee in a timely manner, the Bank will work with the payee on your behalf to reverse any late fees or charges.

The Bank will not be liable in any way for damages you incur for any of the following reasons:

• Insufficient funds in your Bill Payment Account to make the payment on the processing date
• Delays in mail delivery
• Changes to the payee's address or account number unless we've been advised of the change in advance
• The failure of any payee to correctly account for or credit the payment in a timely manner, or
• Any other circumstances beyond the control of the Bank

Types of Transfers

You may access this service by computer at www.bofc.bank using your user ID, Password and Multifactor Authentication.

You may access this service to:

• Make payments from your checking account(s) to third parties
• Some payments made by paper check will not be subject to this Electronic fund Transfer Disclosure, as disclosed separately.
• We reserve the right to limit the amount of any payment(s) at our sole discretion.

Electronic Funds Transfers

Mobile Banking

You may access your accounts remotely with your Cell phone or other mobile access device and using your User Identification Name, Password, Multifactor Authentication,Text Messaging Commands (available separately). You may use these services to:

• Transfer funds from Checking or Savings to Checking or Savings
• Transfer funds from loan to Checking or Savings
• Make payments from Checking or Savings to Loans 
• Get balance information about Checking, Savings, Loans, or Certificate of Deposit
• Get withdrawal history about Checking, Savings or Loans.
• Get deposit history about Checking, Savings, Loans, or Certificate of Deposit
• Get transaction history about Checking, Savings, Loans, or Certificate of Deposit 

Your mobile service provider's standard service fees, such as text message fees, data charges or similar charges, will apply to all transactions. Check with your service provider for information about these fees.

MOBILE WALLET

These terms and conditions apply when you add The Bank of Commerce debit card to a mobile wallet.  A mobile wallet refers to any “service” that allows you to store your debit card in a digital format to be used for purchases through a mobile device such as a smart phone, tablet or similar device.  The terms “you,” “your” and “cardholder” refer to the customer whose name is located on or any authorized user of a Bank of Commerce issued debit card.  The terms “we,” “us,” “our” and “Bank” refer to The Bank of Commerce.

Disclaimer-   The  mobile wallet service is offered exclusively by third-party service providers using their eligible devices.  The Bank of Commerce does not own, operate or control these third parties in any way.  Our relationship to these third parties is limited to providing information to approve and record transactions that you make using the service.

Cardholder Agreements -  Mobile wallet service providers allow you to maintain a digital version of your  debit card in a compatible mobile device.  Once approved, your digital card may be used at select merchants to make payments.  These terms and conditions are not intended to supersede, replace or otherwise modify any cardholder agreement you may have with the Bank.

Eligibility -   Only debit cards associated with Bank of Commerce accounts that are in good standing are eligible to be added to a mobile wallet.  We may, at our sole discretion, modify or cancel your eligibility to use your card within a mobile wallet at any time, without notice.  You cannot change these terms, but you can terminate them by removing your Bank of Commerce debit card(s) from the mobile wallet service.  You are required to have and maintain an eligible device in order to use the mobile wallet service.  The third-party wallet provider, at their sole discretion, determines which mobile devices are eligible to use their service.

Availability -   The availability and functionality of the mobile wallet service, or any part thereof, depends on various factors and elements, including software, hardware and communication networks that are at least partially provided by third parties.  These factors are not fault free and the service may not always be available.  In addition, the service requires the merchant to have specific point-of-sale hardware to accept the mobile wallet transaction.  As such, you may not be able to use the service at locations where your debit card is normally accepted.

Liability -  The Bank does not warrant or guarantee the mobile wallet service will operate without disruption, errors or interruptions, or that it will be accessible or available at all times.  You further agree that the Bank will not be liable to you or any third party for the potential impacts of discontinuing the service, suspending your ability to use the service, or terminating the use of your card in a mobile wallet.

 

Zelle-

   

Zelle is an optional person to person payment system which allow you to send and receive money online in a fast safe manner.  This is a onetime payment feature and cannot be used for setting up recurring payments.  Zelle is a personal product and can not be used by businesses.  Must be 18 to use.

 

END USER TERMS

This service is provided to you by Bank of Commerce and powered by a Third Party (the "Licensor") mobile technology solution. Section A of these End User Terms is a legal agreement between you and Bank of Commerce. Section B of these End User Terms is a legal agreement between you and the Licensor.

SECTION A

Bank of Commerce TERMS AND CONDITIONS

1. The services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from Bank of Commerce. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service. In case of questions please contact customer service at 208-525-9183 or email us at home.banking@bofc.bank.

2. The services are provided by Bank of Commerce and not by any other third party. You and Bank of Commerce are solely responsible for the content transmitted through the text messages sent to and from Bank of Commerce. You must provide source indication in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.)

SECTION B

 

END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP to be Agreed to by End User Prior to Use of the Downloadable App

1. Ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider("Licensor") is the owner of all right, title and interest in and to the downloaded software to be used for access to mobile banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the "Software").

2. License. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.

3. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.

4. Disclaimer Warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUTWARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THEIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS ORVIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THESOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOUTHROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELYRESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.

5. Limitations of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILLLICENSOR, THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THESOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BELIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE,INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIALDAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OREQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THEPRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE 

SOFTWARE SHALL NOTEXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THISLICENSE.

6. U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS .In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.

7. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of Florida excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of Florida and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.

8. Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.

SECTION C

 

Zelle Network® Standard Terms

1. Description of Services

a. We have partnered with the Zelle Network ("Zelle") to enable a convenient way to transfer money between you and others  who are enrolled directly with Zelle® or enrolled with another financial institution that partners with Zelle (each, a "User")using aliases, such as email addresses or mobile phone numbers (the "Service"). We will refer to financial institutions that have partnered with Zelle as "Network Banks."

b. Zelle provides no deposit account or other financial services. Zelle neither transfers nor moves money. You may not establish a financial account with Zelle of any kind. All money will be transmitted by a Network Bank.

c. THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOUSHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAROR YOU DO NOT TRUST.

2. Eligibility and User Profile

When you enroll to use the Service you agree to the terms and conditions of this Terms of Use. You represent that you have the authority to authorize debits and credits to the enrolled bank account.

You agree that you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Service to request money from anyone for any such payments. You agree that you will not authorize a third party to use the Service or share your credentials with a third party to use the Service on your behalf except in legally authorized situations such as legal guardianship or pursuant to a power of attorney.

The Service is intended for personal, not business or commercial use. You agree that you will not use the Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Service with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service for business or commercial purposes, or for any unlawful purpose.

Content Standards:  You agree that you will not upload or provide content or otherwise post, transmit, distribute, or disseminate through the Service any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches, or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Zelle , as determined by Zelle in its sole discretion; or (f) in Zelle's or our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose us, Zelle or our respective affiliates or customers to harm or liability of any nature.

Although neither we nor Zelle have any obligation to monitor any content, both we and Zelle have absolute discretion to remove content at any time and for any reason without notice.  We and Zelle may also monitor such content to detect and prevent fraudulent activity or violations of the terms and conditions.  You understand that by using the Service, you may be exposed to content that is offensive, indecent, or objectionable.  We and Zelle are not responsible for, and assume no liability, for any content including any loss or damage to any of your content.  We and Zelle make no representation or warranty that Content uploaded to a User profile accurately identifies a particular User of the Service.

The Service may include functionality for you to add a unique alpha-numeric identifier to your registered User profile to be used in lieu of your phone number or email address when sending or receiving money, which will be your "Zelle tag."  You will be limited to one Zelle tag per bank account, and each Zelle tag must have one U.S. mobile phone number or email address associated with it.  Your Zelle tag must meet the Content Standards.  You may not select a Zelle tag that misleads or deceives other Users of the Service as to your identity, or otherwise. Although neither we nor Zelle have any obligation to monitor Uer Zelle tags, both we and Zelle have absolute discretion to remove a User Zelle tag at any time and for any reason without notice.  We and Zelle may require you to change your Zelle tag in our sole discretion, and we may elect to make a Zelle tag unavailable to you, without any liability to you.  We and Zelle may also monitor User Zelle tags to detect and prevent fraudulent activity or violations of the terms and conditions.  You understand that by using the Service, you may be exposed to a Zelle tag that is offensive, indecent, or objectionable.  We and Zelle are not reponsible for, and assume no liability, for any User Zelle tags, including any loss or damage caused thereby.  We and Zelle make no representation or warranty that a User Zelle tag accurately identifies a particular User of the Service.  We respect the intellectual property of others and require that users of the service comply with relevant intellectual property of others and require that users of the Service comply with relevant intellectual property laws, including copyright and trademark laws.  We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services for users who use or publish Content on the Service that is subject to intellectual property rights claims.

We may amend these Terms of Use at any time. If we amend these Terms of Use we will give you notice by email at the email address that is associated with your Bank of Commerce internet banking account.

You cannot change these terms, but you can terminate them by requesting that we remove your account(s) from the service. This request must be made in writing addressed to The Bank of Commerce, Zelle Administration, PO Box1887, Idaho Falls ,ID 83403.

3. Consent to Share Personal Information (Including Account Information)

We may disclose information about your Account or the funds you receive or send to third parties:

• In order to complete transactions;

• In connection with offering the Service;

• In connection with the investigation of any claim related to your Account or the funds you send or receive;

• To comply with government agency or court orders;

• With your written permission: or

• As otherwise permitted in accordance with the terms of our Privacy Policy.

4. Privacy and Information Security

We make security and the protection of your information a top priority. You can access our Privacy Policy by clicking the Privacy Policy link at www.bofc.bank/Disclosures, which Privacy Policy is incorporated into and made a part of this Terms of Use by this reference.

5. Wireless Operator Data

We or Zelle may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using the Service, you authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI)and other subscriber status details, if available, to our third party service provider solely to allow verification of your identity and to compare information you have provided to us or to Zelle with your wireless operator account profile information for the duration of our business relationship. 

6. Enrolling for the Service

a. You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent U.S. mobile phone number that you intend to use for an extended period of time (i.e., no "burner" numbers). You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol.

b. Once enrolled, you may:

i. authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and

ii. receive money from another User either at that User's initiation or at your request, subject to the conditions of the Section below titled "Requesting Money."

c.  If at any time while you are enrolled, you do not send or receive money using the Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the U.S. mobile phone number or email address that you enrolled still belongs to you.  If we are unable to confirm that you are the owner of the mobile phone number or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Service until you enroll again.

d. Once enrolled, a Z logo will appear on your profile picture for each U.S. mobile number and/or email address that you have enrolled with Zelle.  The Z logo will be displayed to other Users to aid them in determining which of your U.S mobile numbers or email addresses should be used to send money with Zelle.  If a User sends you money using a different U.S.mobile number or email address that they may have for you (one that is not already enrolled), you will receive a message with instructions on how to enroll with Zelle.

7. Consent to Emails and Automated Text Messages

By participating as a User, you represent that you are the owner of the email address, U.S. mobile phone number, Zelle tag, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, U.S. mobile phone number, Zelle tag and/or other alias to send or receive money as described in this Terms of Use. You consent to the receipt of emails or text messages from us, from Zelle, from other Users that are sending you money or requesting money from you, and from other Network Banks or their agents regarding the Services or related transfers between Network Banks and you. You agree that we may, Zelle may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:

a. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.

b. You will immediately notify us if any email address or mobile phone number you have enrolled is (i) surrendered by you, or (ii) changed by you.

c. In the case of any messages that you may send through either us or Zelle or that we may send or Zelle may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle sends on your behalf may include your name.

d. Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle, including messages that you may send through us or through Zelle or that we may send or Zelle may send on your behalf.

e. To cancel text messaging from us, send STOP to 20736. For help or information regarding text messaging, send HELP to 20736 or contact our customer service at 208-523-2020. You expressly consent to receipt of a text message to confirm your "STOP" request.

8. Receiving Money; Money Transfers by Network Banks

Once a User initiates a transfer of money to your email address or mobile phone number enrolled with the Service, you have no ability to stop the transfer. [May be modified by a Participant that currently offers scheduled payments.] By using the Service, you agree and authorize us to initiate credit entries to the bank account you have enrolled.

Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Banks, we may need or Zelle may need additional time to verify your identity or the identity of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (i.e. email, push notification).

If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this Terms of Use and the procedures of the business or government agency that is sending you the payment.

9. Sending Money; Debits by Network Banks

You may send money to another User at your initiation or in response to that User's request for money. You understand that use of this Service by you shall at all times be subject to (i) this Terms of Use, and (ii) your express authorization at the time of the transaction for us to initiate a debit entry to your bank account. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Service. If the person you sent money to has already enrolled with Zelle, either in the Zelle mobile app or with a Network Bank, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked.

In most cases, when you are sending money to another User, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Banks, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle, either in the Zelle mobile app or with a Network Bank, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle, or otherwise ignore the payment notification, and the transfer may not occur.

The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. I fwe delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e. email, push notification).

We have no control over the actions of other Users, other Network Banks or other financial institutions that could delay or prevent your money from being delivered to the intended User.

10. Liability

Neither we nor Zelle shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Service.

 THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST.YOU SHOULD NOT USE ZELLE TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE DOES NOT OFFER A PROTECTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).

 11. Send Limits

We reserve the right, at any time in our sole discretion, to impose limits on the amount(s) and/or number of payments you may send, receive, or request over a certain period of time. If you attempt to send, receive, or request payment(s) in excess of your limit, such payment may be rejected. If you are permitted to send, receive, or request payment (s) in excess of your limit, such payment shall be subject to these Terms of Use, and we are not obligated to accept similar payment(s) at other times. The current daily limit for sending money is $500.00 in any one (1) calendar day.

12. Requesting Money

You may request money from another User. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither we or Zelle accept responsibility if the other User rejects or ignores your request, or sends you an amount that is less than you request. If a User ignores your request, we may decide or Zelle may decide, in our sole discretion, that we will not send a reminder or repeat request to that User.

By accepting this Terms of Use, you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless Zelle, its owners, directors, officers agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney's fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts.

You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by us or by Zelle. Neither we nor Zelle assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money.

We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.

13. Transaction Errors

 If you believe an unauthorized transaction was made on any account in connection with this Service, call us immediately at208-523-2020 or write us at The Bank of Commerce, Attention: eBanking at PO Box 1887, Idaho Falls, ID 83403-1887.

14. Your Liability for Unauthorized Transfers

You are responsible for all electronic funds transfers and electronic payments you make using the Service. If you permit other persons to use the Service or your User ID or Password, you are responsible for all electronic funds transfer transactions they make from your Account. You are liable for all transfers and payments that you make or are made by any other user, even if such user exceeds your authority or is not an authorized signer on your Account. You must notify us immediately if you believe any of your Accounts was accessed or your password was used without your permission. Please refer to our Error Resolution Notice and Electronic Fund Transfer Notice by clicking the respective links at www.bofc.bank/Disclosures.  If you use the Services for any business activity, you assume all risk of loss for unauthorized transfers and payments.

15. Liability for Failure to Complete Transfers

You understand that the Service may not be available at certain times. WE WILL HAVE NO LIABILITY WHATSOEVERFOR FAILURE TO COMPLETE A PAYMENT OR TRANSFER YOU INITIATE OR ATTEMPT TO INITIATE THROUGH THE SERVICE UNDER ANY OF THESE CIRCUMSTANCES: systems unavailability or due to any circumstances beyond our control, including, without limitation to maintenance and/or computer, communication, electrical or network failure or any other causes beyond Our control. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY SERVICE, PRODUCT, OR OFFER. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

16. Use of Our On-line Banking Site and/or Mobile App

You agree to access this website and/or mobile app in compliance with our Online End User Agreement/Terms and Conditions, which are available by clicking the respective link at www.bofc.bank and incorporated into and made part of this Terms of Use by this reference.

17. Cancellation of the Service

We reserve the right to suspend or cancel our participation in the Service. If we suspend or cancel the Service we will notify you at least 30 days in advance at the email address associated with your online banking account(s).

18. Right to Terminate Access

You may cancel your individual access to the Service by requesting that we remove your account(s) from the Service. This request must be made in writing addressed to The Bank of Commerce - eBanking, PO Box 1887, Idaho Falls, ID 83403.

19. Disclaimer of Warranties

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, ZELLE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. ZELLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITHREGARD TO THE SERVICE DESCRIBED OR PROVIDED. ZELLE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

20. Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, ZELLE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. zELLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. ZELLE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.  THE SERVICES ARE PROVIDED ON AN "AS IS " AND "AS AVAILABLE" BASIS.

IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK BANKS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

21. Indemnification

You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in this Terms of Use, you agree to indemnify, defend and hold harmless Zelle, its owners, directors ,officers, agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of the terms of this Terms of Use   

 

21. Indemnification

 

Mobile Deposit Capture Services

This Mobile Deposit Service End User Agreement (“Agreement”) contains the terms and conditions for the use of the Mobile Deposit Service Application (“Service”) that the Bank may provide to you.  This Agreement supplements the terms of other agreements you have entered into with the Bank, including the Terms and Conditions of Your Account and related fee schedules and disclosures that govern the terms, conditions and fees of your deposit accounts(s) with us, each as may be amended from time to time.  The terms and conditions of your Account Agreement are incorporated by reference and made a part of this Agreement.  In the event of a conflict between the terms of this Agreement and the Terms and Conditions of Your Account, the terms of this Agreement shall control as it regards the provision of the Service.

Services

The Service is designed to allow you to make deposits to checking or money market accounts by taking pictures and delivering the images and associated deposit information to the Bank.  The checking or money market accounts designated by you during the enrollment process must be set up through the Bank’s Online Banking Service.  Each such Mobile Deposit Transaction is referred to in this Agreement as a “deposit.”  By using the Service, you authorize the Bank to convert checks to images or create substitute checks for the purpose of clearing the check.  By using the Service, you authorize the Bank to request, and obtain from time to time, credit reports or other information from any consumer reporting agencies.  The Bank reserves the right to change the Service at any time and in any manner in its sole discretion.  We will notify you of any material changes via e-mail or on our website.  Your continued use of the Service will indicate your acceptance of any such changes to the Service.

Limitations of Service

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.

Also, when using the Services, you may experience technical or other difficulties.  You are responsible 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 Service, in whole or in part, or your use of the Service, in whole or in part, immediately and at any time without prior notice to you.

Fees

The Bank offers the benefits and convenience of Mobile Deposit Service to you at no cost.

Hardware and Software

In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software from time to time.  The Bank 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.

Eligible Checks

You agree to deposit only checks as the term “check” is defined in the Expedited Funds Availability Act as implemented by Regulation CC. 

Ineligible Checks

You agree that you will not use the Service to deposit any checks as described below:

• Checks payable to any person or entity other than yourself
• Checks containing alteration to any of the fields 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 or item is drawn
• Checks previously converted to a substitute check, as defined in Regulation CC
• Checks drawn or payable through any foreign bank or a financial institution located outside the United States
• Checks that are remotely created checks, as defined in Regulation CC
• Checks not payable in United States currency
• Checks dated more than 6 months prior to the date of deposit
• Checks that are in any way incomplete
• Checks prohibited by the Bank’s current procedures relating to the Service or which are otherwise not acceptable under the terms of the Terms and Conditions of Your Account
• Checks on which the numerical and written amount are different
• Checks that have been previously returned unpaid by the financial institution on which they are drawn
• Checks that are payable to cash
• Money Orders and/or Cashier’s Checks
• Checks issued by the United States Government, State or County entities

Requirements

The image of a check transmitted to the Bank using the Service must consist of legible images of the front and back of the check.  The image that is transmitted must be of such quality that the following information can easily be read by sight review of the image:

• The amount of the check
• The payee
• The drawer’s signature
• The date of the check
• The check number
• Information identifying the drawer and the paying bank that is preprinted on the check in the MICR line, including the routing transit number, account number, check amount when encoded, serial number and process control field
• Other information placed on the check prior to the time that the image is captured (such as any required identification on the front of the check or any endorsements applied to the back of the check)

Endorsements

Endorsements must be made on the back of the check within 1 ½ inches from the top edge, although we may accept endorsements outside this space.  Your endorsement must include your signature along with the following statement “For Mobile Deposit Only”.  Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.  A check payable to two payees must be endorsed by both payees.  If the check is payable to you or your joint owner, either of you can endorse it.  If the check is made payable to you and your joint owner, both of you must endorse the check.  A check payable to two parties without “and” or “/”, may be endorsed by either party.

Receipt of Check Images

We reserve the right to reject any check image transmitted through the Service at our discretion.  We are not responsible for check images we do not receive or for images that are dropped or become corrupted or illegible during transmission.  An image of a check shall be deemed received when you receive an e-mail confirmation from the Bank that we have received the check image.  Receipt of such confirmation does not mean that the transmission was error-free or complete, or that your account will not be charged back for the amount of the deposit and any applicable returned deposited item or other fee under the Terms and Conditions of Your Account if the check image presented is dishonored or returned unpaid for any reason by the financial institution on which it is drawn.

Proper Temporary Storage and Disposal of Original Transmitted Checks

Upon proper clearing of funds and confirmation of your deposit from the Bank, you agree to prominently mark the paper check as “Electronically Presented” or “VOID” and to properly store the paper check to ensure that it is not presented again for payment.  It is prohibited to attempt to re-deposit the check in person or through any other channel or transmit duplicate items.  You agree any check that has been transmitted through the Service will not be presented by you or any person again.  This practice may result in service being discontinued or account closed.  You agree to retain all checks that you have deposited through the Service for at least 30 business days and, following the 30 day retention period, you agree to securely dispose of the paper check in a manner which will ensure the check will not be presented again.  You will promptly provide any retained check, or a sufficient copy of the front and back of the check, to the Bank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any check or check image, or for the Bank’s audit purposes.  If you fail to promptly provide the original check or a reasonable copy of the check in response to a request by us, you agree to request a new check for deposit from the check’s originator.  If you fail to provide any copy of a check and cannot obtain a new check from the originator, you agree that we are authorized to debit your account for the amount of the check in question if we deem this action necessary.  You will be solely responsible for any losses incurred as a result of the failure to promptly provide a retained check or replacement check in response to our request.

Returned Deposits

Any credit which we deposit into your account immediately following a deposit initiated by you will be a provisional credit.  If a check that you deposit using the Service is returned or charged back on your account, it will be deducted in full from your account, along with any fees that are incurred due to the check’s rejection as described in our fee schedule and the Terms and Conditions of Your Account.  We are not responsible for any losses incurred as a result of deposits returned on your account.

Funds Availability

You agree that items transmitted using the Service are not subject to the funds availability requirements of Regulation CC.  In most cases funds confirmed as received before 5:00 pm (Mountain Time) of business on a business day will be credited to your account within 24 hours of receipt.  Funds confirmed received after close of business, and confirmed received on holidays or days that are not business days will be credited to your account within 24 hours of the following business day.  Items you deposit today will not appear within online banking and mobile banking until the following business day.

Mobile Deposit Security

You will complete each deposit promptly.  If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed.  It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits.  You will notify us immediately by telephone along 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.  If warranted in our reasonable judgment, we reserve the right to monitor your deposit activity, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.

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 in your possession and your records relating to items and transmissions.

Representations and Warranties

You and any user you authorize will use the Service only for lawful purposes and in compliance with all applicable rules and regulations and with our reasonable instructions, rules, policies, specifications, and operating procedures and will not violate any law of any country or the intellectual property rights of any third party.

Your Responsibility

You are solely responsible for the quality, completeness, accuracy, validity and integrity of the image.  You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible images to us or if Services are used, by authorized or unauthorized persons, to submit fraudulent unauthorized, inaccurate, incorrect or otherwise improper or unusable images to us.

In addition you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service, copy or reproduce all or any part of the technology or Service; or interfere, or attempt to interfere, with the technology or Service. 

Disclaimer of Warranties

You agree that your use of any remote banking 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 remote banking service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement.  We make no warranty that any remote banking 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 remote banking 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, date 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 any remote banking 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.

Accountholder’s Indemnification Obligation

You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses arising from your use of the Services and/or breach of this Disclosure and Agreement.  You understand and agree that this paragraph shall survive the termination of this Agreement.

Financial Information

You must inform us immediately of any material change in your financial circumstances or in any of the information provided in your Application for any Mobile Deposit Service.  You agree to provide us any financial information we reasonably request during the term of this Agreement.  You authorize us to review your history from time to time.

You agree to notify us immediately if you change your e-mail address and that your notification will be made by following our procedures for updating personal information.  You understand that the e-mail address that we have on file for you is the address where we will send you notification of receipt of transactions as well as any other information about the Service we deem necessary to communicate to you.  We are not responsible for any losses incurred as a result of you not receiving or otherwise not reading notifications or confirmations we send to you.

THE BANK OF COMMERCE
CUSTOMER SERVICE DEPARTMENT
PO BOX 1887
IDAHO FALLS, ID 83403
Business Days: Monday, Tuesday, Wednesday, Thursday and Friday

 

Holidays are not included.
Phone: (208) 523-2020

home.banking@bofc.bank
www.bofc.bank

 

 

12.20.2022