These Mobile Banking Terms and Conditions ("Terms and Conditions") govern your use of the Mobile Banking services (the "Services") provided to you by Berkshire Bank and powered by a third-party mobile technology solution. Section A of these Terms and Conditions is a legal agreement between you and Berkshire Bank.
Your use of the Services constitutes your acceptance of these Terms and Conditions. These Terms and Conditions are subject to change from time to time in our sole discretion. We will provide notice to you of the changes via the Online Banking application. Your continued use of the Services will indicate your acceptance of such changes and the Terms and Conditions as revised by such changes. Further, we reserve the right, in our sole discretion, to change, modify, add or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services. In the event that an immediate change is needed to ensure the security of the Services, we will use commercially reasonable efforts to provide notice to you. You may choose to accept or decline such changes by continuing or discontinuing use of the Services.
Thank you for using Berkshire Bank Mobile Banking combined with your handheld text messaging capabilities. In case of questions please contact customer service at [email protected]
or call 1-833-BERKBNK (1-833-237-5265)
BERKSHIRE BANK TERMS AND CONDITIONS
Destruction of Checks
Safeguarding of Checks
No Further Use of Check
Customer's Representations and Warranties
Transmission of Deposits
Notice of Acceptance
Fees and Charges
Notice of Returned Deposits
Time and Manner of Returns
Intellectual Property Rights
Berkshire Mobile Deposit Service Warranties
Limitations of Liability
- 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 Berkshire Bank. 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.
- The services are provided by Berkshire Bank and not by any other third party. You and Berkshire Bank are solely responsible for the content transmitted through the text messages sent to and from Berkshire Bank. You must provide source indication in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.).
- If your device is lost or stolen, or if you suspect that anyone knows your security details you must contact us immediately.
The terms of the Berkshire Online Services Agreement (the "Agreement") are hereby incorporated into these Berkshire Mobile Deposit Terms and Conditions and made a part hereof as if the same were fully set forth herein and shall apply to the Berkshire Mobile Deposit service. All of the terms set forth herein are in addition to, not instead of the terms of the Agreement, unless the context requires otherwise, in which case the terms set forth herein shall control with respect to the Berkshire Mobile Deposit service only. Unless the context otherwise requires, other terms used in these Mobile Deposit Terms and Conditions have the definitions given to them in the Agreement.
You may deposit certain checks using Berkshire Mobile Deposit to eligible checking, money market or statement savings accounts (each an "Account") from home or other remote locations using a mobile device capable of capturing electronic images of the front and back of certain eligible checks and transmitting them to us. You must be enrolled in both online and mobile banking services. You must be an owner either individually or jointly and, in some cases, an authorized signer on the Account that is eligible for this service. Accounts (and deposits) will be governed by the applicable Account Disclosure document.
We accept checks made payable to you, with a current date, drawn on a United States financial institution. We reserve the right to prohibit you from utilizing the Berkshire Mobile Deposit service for checks drawn on your Accounts.
You agree that you will not use the Berkshire Mobile Deposit service to scan any checks that are not eligible.
The following items are not eligible for mobile deposit capture:
- Any third-party check, i.e., any item that is made payable to another party and then endorsed to you by such party;
- Checks that are payable to two or more parties that are made payable to any party other than you; unless deposited to a joint Account of both parties
- Any item that is drawn on the same Account in which the deposit is being made, unless otherwise stated on the check;
- Any item that contains evidence of alteration to the information on the check;
- Any check previously converted to a "substitute check," as defined in Regulation CC;
- Any item issued to you by a financial institution in a foreign country (this includes Canadian checks);
- Any item that is "stale dated" more than six (6) months prior to the date of deposit;
- Any item that is "postdated" after the date of deposit;
- Any item stamped "nonnegotiable" (whether stamped in print or as a watermark);
- Any item that has been redeposited or returned such as "nonsufficient funds" or "refer to maker" or returned for any other reason;
- Any item that is incomplete;
- Travelers checks;
- Savings Bonds.
Deposits of this nature may result in the immediate termination of the Service.
All check images shall be legible and accurately depict legal and courtesy amount field, payee, date, check number, drawee information, and memo line designation. In addition, you must verify that the Magnetic Ink Character Recognition ("MICR") line is true and accurate in its reproduction on the check image.
Guidelines for taking pictures for Mobile Deposit include the following:
- Place your check on a flat surface against a darker background color.
- Only have the check in the frame of the camera.
- Take pictures in a well-lit area.
- Make sure all four corners of the check are visible and not cut off by the edge of the view window, a deep shadow, or other objects.
- Make sure the image is sharp and focused.
- For some devices this means pulling back from the check, so the image does not blur.Take a picture of the front and back of the check.
We have the right to adjust the amount of any deposit based on our review of the image. We shall not be liable for any damage resulting from a check or item’s poor image quality, including those related to delayed or improper crediting or rejection of such a check or item or from any inaccurate information you supply regarding the check or item.
You must endorse/stamp each check before transmission with your signature(s) or company name and the following language: "For mobile deposit at Berkshire Bank only, acct XXXXXXXXX". Berkshire Bank reserves the right to reject all items that are not endorsed as specified.
Destruction of Checks
No Further Use of Check
You shall retain all paper checks in a secure fashion after you have initiated a mobile check deposit of the item. We require the check be retained for at least fourteen (14) calendar days after funds are available to you in the Account. After such period expires, you agree to destroy the original check. You understand and agree that you are responsible for any loss caused by your failure to secure an original check.
After you deposit a check using Berkshire Mobile Deposit, it is recommended that you mark the front of the check in the memo line with the date of deposit and a notation such as "e-deposited".
Safeguarding of Checks
You shall safeguard all checks prior to their destruction from unauthorized access and use, including without limitation, theft, alteration, access, re-imaging, and re-presentment.
You will not permit the check to be presented, returned or otherwise used to obtain a payment that would duplicate the payment sought by the deposit made via the Berkshire Mobile Deposit service.
You are responsible for your own hardware and software including the equipment used to provide connectivity to the internet. You are responsible for troubleshooting internet connectivity issues with your Internet Service Provider ("ISP") or Mobile Service Provider and all connectivity and data charges, fees, problems, interruptions, and related issues shall be your responsibility. It is your sole responsibility to verify that items deposited using the Berkshire Mobile Deposit service have been received and accepted for deposit by us. You are solely responsible for the security of your internet and cellular data connection and transmission. In the event that the Services are interrupted or are otherwise unavailable, you acknowledge that you can deposit original checks in person at a Bank branch or at an ATM.
You agree to have controls in place to ensure your compliance with your obligations to us as set forth in these terms and conditions, the Agreement and elsewhere. Without limiting the generality of the foregoing, the security of access to checks, all relevant banking information and all archives (physical and digital) shall be maintained.
You represent and warrant that (a) all deposits made via the Berkshire Mobile Deposit service shall conform in all respects to the requirements herein, the Agreement, any reasonable Berkshire Bank instructions, rules or policies as may be communicated to you from time to time, and any other applicable requirement under the law; (ii) all signatures on each check are authentic and authorized; (iii) the check has not been altered; (iv) all check images are true, authentic representations of the checks they represent and meet the quality standards set forth herein; (v) you have not and shall not submit any duplicate deposit, check, check image or deposit made via the Berkshire Mobile Deposit service, or otherwise authorize, allow or suffer any third party to submit any duplicate deposit, check, check image or deposit made via the Berkshire Mobile Deposit service; (vi) we shall in no event suffer any loss, damage or harm in connection with the deposit of any check made via the Berkshire Mobile Deposit service; (vii) all information provided to us is true and accurate; (viii) all checks are authorized and valid, and not subject to defenses by the applicable maker or drawee; and (ix) you have complied with all laws, rules and regulations in connection with the Berkshire Mobile Deposit service, including without limitation, the Check Clearing for the 21st Century Act ("Check 21").
Notice of Acceptance
No deposit made via the Berkshire Mobile Deposit service shall be valid against us until receipt of such deposit by us, as evidenced by electronic acknowledgement of receipt by us. We reserve the right to reject any check or item transmitted through this service, at our discretion, without liability to you. We are not responsible for any deposit made via the Berkshire Mobile Deposit service that we do not receive, regardless of the reason. An image of a check or item shall be deemed received when you receive confirmation from us that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, able to be processed or complete or that funds will be credited for that check or item. In the event you do not receive confirmation of receipt by us within twenty-four (24) hours of transmitting the deposit via the Berkshire Mobile Deposit service, it is your responsibility to contact our Customer Support Center at 1-833-BERKBNK (1-833-237-5265). Notwithstanding the foregoing, we are not responsible for any deposit made via the Berkshire Mobile Deposit service that does not comply with the terms of this terms and conditions, the Agreement, applicable law or any other requirement of us (including without limitation, check eligibility, image quality, late or missing deposits, or deposit and file limits specified by us).
You will receive a "deposit received" confirmation email once you have submitted a deposit. If your deposit was made before the cutoff of 5:00 P.M. EST you will receive a second email informing you whether or not the deposit has been approved or declined. If your deposit is made after 5:00 P.M. EST you may not receive the approval or decline email until the next Business Day. A Business Day is every day, except Saturdays, Sundays and Bank Holidays.
You agree to keep your contact information and email address up to date, as this is the email address where we will send you notification of receipt of Berkshire Business Mobile Deposit items. To update your contact information including email address, log into your Online Banking:
- Click on dropdown arrow next to your Username
- Go to Settings
- User Profile
- Select the edit icon next to the field you want to change.
Fees and Charges
The Berkshire Mobile Deposit service is provided to you with no monthly service fee. Berkshire Bank may, at any time upon at least thirty (30) days’ notice to you prior to the effective date of any change, charge a monthly service fee for use of the service. If you continue to use the service after the fee becomes effective, you agree to pay the fee that was disclosed to you, as may be amended from time to time.
There may be a charge for additional transactions and optional services as disclosed on our Common Features Fee Schedule. You agree to pay such charges and authorize us to charge your designated Account or, if sufficient available funds do not exist in your designated Account or overdraft protection service(s), you authorize us to charge the amount of the fees associated with the Berkshire Mobile Deposit service to any of your Account(s) at the Bank. In addition to the foregoing, you agree to be responsible for any fees and charges assessed by the Berkshire Mobile Deposit service arising out of your use of said feature, including but not limited to fees assessed for any return items that are in addition to the fees set forth in our Common Features Fee Schedule.
We may establish customer limits that apply to the amount of any individual check, the dollar amount and number of checks that may be deposited in a day, and the dollar amount of checks that may be deposited in a multi-day period. Standard limits are as follows: you may deposit up to twenty (20) checks in one (1) Business Day, up to a total of ten thousand dollars ($10,000.00) in one Business Day; however, in a thirty (30) day period, you may only deposit up to fifty (50) checks, or a total of twenty-five thousand dollars ($25,000.00).
Your individual limits may vary based on your account relationship.
- If you are a new customer (0-30 days), you may deposit up to five (5) checks in one (1) Business Day, up to a total of two thousand five hundred dollars ($2,500.00) in one Business Day; however, in a thirty (30) day period, you may only deposit up to twenty (20) checks, or a total of ten thousand dollars ($10,000.00).
You understand that all deposits made via the Berkshire Mobile Deposit service must be received by us by 5:00 P.M. EST; in order for such deposit to be credited on the Business Day it was transmitted. All deposits made via the Berkshire Mobile Deposit service received after such deadline (or received on a day other than a Business Day) shall be credited on the Business Day following such receipt. Please refer to your Deposit Account Disclosure for when funds will be made available.
You specifically agree that we shall have no obligation whatsoever (including without limitation, to process, repair, return or represent) in connection with any failure of a check, check image, file or deposit to meet any specifications or requirements.
If we have credited your Account for a check that is subsequently returned to us unpaid, we reserve the right to deduct the amount of the returned check from your Account, as well as any applicable fees. We may, solely at our option and without undertaking an obligation to do so, re-deposit the returned check and deduct the applicable fee from your Account and you shall hold us harmless for any and all fees and or losses associated therewith. If we choose to re-deposit the returned check, you expressly agree that you have consented to this action and further agree that we have not waived or forfeited our right to deduct the amount of the returned check from your Account by exercising the option to re-deposit.
Time and Manner of Returns
You agree that you shall accept a returned deposit made via the Berkshire Mobile Deposit service at any time in the event such return was caused by or resulted from your failure to comply with the terms and conditions or the Agreement. In the event of a return, you agree that such return may be made in any legally acceptable form (including without limitation, image, image replacement document, or MICR memo).
The Berkshire Mobile Deposit service is a Convenience
You acknowledge and agree that the Berkshire Mobile Deposit service is a convenience. We reserve the right to discontinue the Berkshire Mobile Deposit service for any or no reason. We may terminate the Berkshire Mobile Deposit service or the Agreement at our sole discretion, immediately upon notice for any violation of the Agreement, these Mobile Deposit Terms and Conditions or any law, rule or regulation, and for any other reason set forth in the Agreement. We also may terminate these Mobile Deposit Terms and Conditions at our sole discretion for any or no reason upon reasonable advance written notice and you agree that in all cases five (5) Business Days is reasonable. We shall have no liability to you or to any third party for interruption or discontinuation of the Berkshire Mobile Deposit service. Your sole remedy will be to make your deposit in person at any of our banking offices or ATMs that accept deposits.
Funds shall be available for withdrawal as provided in the Terms and Conditions of Your Personal Account under Your Ability To Withdraw Funds section, but such availability shall be subject to our discretion with respect to our risk-based monitoring of your Account. By participating in the Mobile Deposit Service, you are knowingly waiving your rights regarding Funds Availability as described by Reg CC. If you make a deposit after 5:00 P.M. EST, we will consider that the deposit was made on the next business day we are open. In addition, all funds are available subject to the provisions of the Terms and Conditions of Your Personal Account. You will see your deposit reflected in your available balance once funds become available. You agree that availability of funds does not mean that the item will be honored by the paying Bank.
Your use of the Berkshire Mobile Deposit service does not grant you any ownership or proprietary rights in it or to any part of Berkshire Mobile Deposit service. All rights, title and interest in and to the Berkshire Mobile Deposit service remain with us or our agents or licensors as applicable.
You will not (I) reverse engineer, decompile, disassemble, or attempt to discover or modify in any way the Berkshire Mobile Deposit service or any part thereof (ii) modify, translate, adapt, rent, lease, loan, create or prepare derivative works of the Berkshire Mobile Deposit service or any part thereof (iii) provide, disclose, divulge or make available to or permit the use of the Berkshire Mobile Deposit service or any part thereof by any third party (iv) copy or reproduce any part of the Berkshire Mobile Deposit service or any part thereof or (v) interfere or attempt to interfere with the Berkshire Mobile Deposit service or any part thereof in any way.
YOU ACKNOWLEDGE THAT THE BERKSHIRE MOBILE DEPOSIT SERVICE IS PROVIDED "AS IS" AND THAT YOU USE IT AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS AS TO THE BERKSHIRE MOBILE DEPOSIT SERVICE, BERKSHIRE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
In addition to the indemnifications set forth in the Agreement and in the Deposit Account Disclosure Agreement, you agree to indemnify and hold Berkshire Bank harmless from any claim, cost, loss, or damage arising directly or indirectly from your failure to comply with these Mobile Deposit Terms and Conditions.
BERKSHIRE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF IT WAS ADVISED OF THE POSSIBILITY OF SUCH.
We may amend or change any of the terms and conditions of these Mobile Deposit Terms and Conditions at any time upon at least thirty (30) days written notice to you prior to the effective date of any change or amendment. If you do not agree to the change or amendment, you must discontinue using the Berkshire Mobile Deposit service. Notwithstanding the foregoing, we may amend or change the term(s) or condition(s) without prior notice to you if the change does not result in higher fees, more restrictive service use, or other adverse effect on you.\
These Mobile Deposit Terms and Conditions shall be governed by, construed, and enforced in accordance with CHOICE OF LAW PROVISION
OF THE AGREEMENT.