Mobile Deposit Agreement

Description:
The remote deposit capture services ("Mobile Deposit" or "Services") are designed to allow the customer the ability to make deposits into checking accounts from a camera-enabled mobile device capable of capturing check images and information and electronically delivering the items and associated deposit information to Monticello Banking Company (Bank) or the Bank's designated processor. The device must capture an image of the front and back of each check to be deposited in accordance with the Procedures; must read and capture the magnetic ink character recognition ("MICR") line on each check; and must read and capture all such other data and information as is required by this Agreement or Federal Reserve regulations for the processing of these checks for payment. The Bank offers the benefits and convenience of the Services to qualifying customers for free. The Bank reserves the right to charge fees for the Services in the future.

Hardware and Software Requirements:
Customer must have a Mobile Device that is compatible with Service requirements and a wireless plan from a compatible mobile wireless provider. Customer must also use the operating system(s) and software that satisfies all technical specifications and other requirements that we and/or our service provider(s) establish and specify. We and/or our service provider(s) may change these specifications and/or requirements from time to time.  The Bank is not responsible for any third party software you may need to use the Services. You agree that you will perform, or cause to be performed by properly trained personnel, all vendor recommended maintenance, repairs, upgrades and replacements.  Unless otherwise provided in this Agreement, you are solely responsible, at your own expense, for purchasing, installing, operating, testing and maintaining all hardware and software necessary to use the Service. You must install and test your Mobile Device, your system, and any other required hardware and software before you make your first deposit through the Service. You accept any such software “as is” and subject to the terms and conditions of the software agreement that you enter into directly with the third party software provider at the time of download and installation.  We are not responsible for, and you release us from, any and all claims or damages resulting from, or related to, any computer virus or related problems that may be associated with using the Service, e-mail or the Internet.  You agree that all images and files transmitted to us through the Service will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.

Terms and Conditions
The services provided by Mobile Deposit are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from the Bank.  Customer is responsible for any fees or other charges incurred from customer’s wireless carrier related to data or message services.
By enrolling in the Service, customer agrees to all conditions of this Agreement.  This Agreement is in addition to the Bank’s Online Banking Agreement, Privacy Policy and Account Agreement.  Monticello Banking Company at its sole discretion may modify these Agreements at any time.  Your continued use of the Service will constitute an acceptance of any modification and changes of the Agreements.
Additional services and/or features may be added to the Service in the future.  Any such additional offerings will be governed by this Agreement and by any terms and conditions provided to the customer when additional services or features are added if applicable.
The Bank may amend these terms and modify or cancel the Service without notice, except as required by Law.

Account Ownership/Accurate Information:
You represent that you are the legal owner of the Accounts and other financial information which may be accessed via Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You represent that you are an authorized user of the Device you will use to access Mobile Banking.

Eligibility:
Customers eligible for Mobile Deposit are those with a qualified Demand Deposit Account.  Upon submission of a request for activation a review of the request will begin.  If approved for activation customer will be notified via email with further directions.
We reserve the right to limit the types and numbers of accounts eligible and the right to refuse to process any transaction you submit via Mobile Deposit.

Deposit Limits:
The Bank reserves the right to establish and assign to you deposit limits for the Service (including limits on the dollar amount and/or number of checks that you may transmit through the Service each day) and to modify such limits from time to time in the Bank’s sole discretion, and you agree to comply with all such limits.  Our current daily deposit limits are established on a per customer basis and may be adjusted based upon customer qualifications including but not limited to length of time account has been established, daily deposit averages, and history of overdrafts or account abuse.

Fees and Charges:
The Bank offers the benefits and convenience of the Services to you free. The Bank reserves the right to charge fees for the Services in the future.  Other fees may be assessed and billed separately by your Device provider. All telephone or wireless charges associated with Mobile Banking are your responsibility. All other fees, which have been separately disclosed to you in connection with your account(s) will continue to apply to those account(s) and to your Mobile Banking Service.

Endorsements and Procedures:
You agree to restrictively endorse any item transmitted through the Services as "FOR MOBILE DEPOSIT ONLY MONTICELLO BANKING COMPANY” or mark the mobile deposit designation on the back of your check (if applicable) or as otherwise instructed by the Bank.  All such endorsements on checks must be made in blue or black ink.  You agree to follow any and all other procedures and instructions for use of the Services as the Bank may establish from time to time. Endorsements must be made on the back of the items within 1½ inches from the top edge, although we may accept endorsements outside this space. Any loss you incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. For a check payable to you and any joint owner(s) of your Bank account, the check must be endorsed by all such payees and you may only use Mobile Deposit to deposit such check into a Bank account jointly owned by all such 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 any non-joint owner, you may not deposit the check into your Bank account using the Service.

Check Requirements (including image quality):
The image of an item transmitted to the Bank using the Service must be legible and contain images of the front and back of the check. The image quality of the items must comply with the requirements established from time to time by the American National Standards Institute ("ANSI"), the Board of Governors of the Federal Reserve Board, the Kentucky Department of Financial Institutions, or any other relevant regulatory agency, clearing house or association. These requirements include, but are not limited to, ensuring the following information can clearly be read and understood by sight review of the check image: the amount of the check (both written and numeric); the payee; the signature of the drawer (maker); the date; the check number; the information identifying the drawer and the paying financial institution that is preprinted on the check including the MICR line; and all other information placed on the check prior to the time of an image of the check is captured (such as any required identification written on the front of the check and any endorsements applied to the back of the check).

Rejection of Deposits:
We reserve the right to reject any item transmitted through remote deposit capture at our discretion. After we receive check images and all other required deposit information from you through the Service, we may provisionally credit your designated account for the total amount of such checks.  The provisional credit is subject to final payment of the checks and is also subject to your Bank Account Agreement.  You agree that all deposits received by us are subject to verification and final inspection and may be rejected by us in our sole discretion, and you shall be liable to the Bank for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against the Bank relating to such deposits.  The Bank is not liable for any service or late charges that may be imposed against you due to the Bank’s rejection of any check that you transmit for deposit through the Service. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your account due to a check being returned. You acknowledge and agree that, while we normally provide notice of rejected deposits, we may reject any check transmitted through the Service in our sole discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection.  If we reject a check for remote deposit, you must physically present the check for review prior to deposit.

Availability of Funds:
 You agree that items transmitted using the Service are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. Funds deposited using the Service will be available after the bank receives payment for the funds submitted. Typically, funds for checks deposited using the Service will generally be available the next business day. For example, if you deposit a check between the hours of 8:00am and 4:00 pm Eastern Standard Time, any business day, your funds will generally be available the next business day that we are open unless the bank elects to place a hold on your deposit. Checks deposited using the Service outside these hours or on Saturday, Sunday or any Federal holiday, are considered to be deposited on the next business day.

Unpaid Checks:
You are solely responsible for verifying that checks that you deposit by using the Service have been received and accepted for deposit by the Bank.  The Bank will provide you with notice of any deposits that it is unable to process because checks were returned unpaid by the Payor financial institution. You agree to accept such notices at your e-mail address on file with us, but we may choose any reasonable method for providing such notices to you.   In the event that the Bank credits your account for a check that is subsequently dishonored and returned, you authorize the Bank to debit the amount of such check plus any associated fees from the account. To the extent that funds in your account are insufficient to cover such amount, we may debit the deficiency amount from any of your other account(s) with the Bank in our sole discretion. Our right to charge your account(s) will apply without regard to whether the check was timely returned or whether there is any other claim or defense that the check was improperly returned.   You understand and agree, that since the original check is your property, it will not be returned and the Bank may charge back an image of the check, an ACH debit, or other electronic or paper debit, as applicable, to your account.  You further agree that any image that we charge back may be in the form of an electronic or paper reproduction of the original check or a substitute check.  You may not use the Service to deposit a substitute check and you may not deposit the original check through the Service or in any other manner if you receive a dishonored check.  You agree to comply with any additional instructions we may provide to you in connection with returned checks.

Duty to Report Errors:
The Bank will provide you with periodic statements that will identify the deposits that you make through the Service.  In addition, you may access your account online via MBC Mobile for information about your deposits, return items, deposit adjustments, checks and other transactions on your accounts.  You agree that it is your responsibility to review all such information that the Bank makes available to you in a timely manner to verify that deposits made through the Service have been received and accepted by the Bank and are accurate. Receipt of a check by the Bank through the Service does not constitute an acknowledgement by the Bank that the check is error-free or that we will be liable for the Check.   You agree to notify us promptly of any errors, omissions, or discrepancies in a deposit within the time periods established in your Bank Account Agreement.  You may notify us by private message through NetTeller, by writing to Monticello Banking Company, PO Box 421, Monticello, KY 42633 or telephoning us at (877) 253-5981. You agree to cooperate in any investigation by the Bank of any unsuccessful or lost transmission.

Availability of Service/Contingency:
In the event you are unable to capture, balance, process, produce or transmit a file to the Bank, or otherwise comply with the terms or the Procedures for any reason, including but not limited to, communications, equipment or software outages, interruptions or failures, you will transport or mail the originals of all checks to the closest Bank location. The deposit of original checks at an office of the Bank shall be governed by the terms and conditions of the Deposit Account Agreement and not by the terms of this Agreement.
We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from the bank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete; nor will it be considered a deposit and credited to your account. We reserve the right to charge back against your account any time, any item that we subsequently determine was not an eligible item. You agree that the Bank is not liable for any loss, cost, or fees you may incur as a result of this chargeback of an ineligible item. You also agree that if an item you deposit through the Service is later dishonored, rejected or otherwise returned unpaid, the Bank may charge back the amount of the item to your account, in addition to any external fees incurred and in accordance with the Bank's fee schedule. If there are insufficient funds in your account, we may overdraw the account and you will be responsible for any related fees incurred.

Storage, Security and Destruction/Disposal of the Checks:
At all times you are responsible to securely store the original check.  After you are satisfied the image has been accepted and the correct amount has been credited to your account, you are responsible to destroy the original check by first marking it "VOID" and then destroying it by cross-cut shredding or another commercially acceptable means of destruction.

Presenting checks more than once:
Once you have used the Service to deposit a check you agree not to present, or allow anyone else to present, that original check or a substitute check of that original check again for deposit through the Service or by any other means to the Bank or to any other financial Institution. If you or anyone else presents a check or substitute check for cash or deposit more than once, in violation of this Agreement, you agree to indemnify, defend and hold the Bank harmless from and against all liability and damages that may result from any claims, suits or demands from third parties with respect to such check or substitute check.  You agree that we may debit from your Bank account any amounts demanded and costs associated with the representment of a check.  To the extent that funds in your account are insufficient to cover such amount, we may debit the deficiency amount from any other of your account(s) with the Bank in our sole discretion.

Your Authentication Method:
You agree that we are entitled to act upon instructions we receive with respect to the Service under your user ID, password, test key or other code or authentication method that we require (these components are referred to herein collectively as your “Authentication Method”). You are liable for all transactions made or authorized with the use of your Authentication Method. We have no responsibility for establishing the identity of any person who uses your Authentication Method. You agree that if you give any component of your Authentication Method to anyone or fail to safeguard its secrecy, you will be in violation of your obligations under your Bank Account Agreement and this Agreement. You agree to take appropriate steps to ensure that all components of your Authentication Method are protected and kept confidential.  You agree to indemnify and release us from any and all liability, and agree not to make any claim or bring any action against us, relating to our honoring or allowing any actions or transactions that are conducted under your Authentication Method or acting upon instructions, messages or authorizations provided to us using your Authentication Method.  By accessing the Service with your Authentication Method, you authorize us to complete the requested transaction(s) through the Service. Any requests or instructions we receive from you through the Service using your Authentication Method shall be considered “in writing” under all applicable law and shall have the same force and legal effect as a writing signed by you. This includes, but is not limited to, inquiries, deposit transactions, checks deposited, check images, changes to accounts or services or any other communication you provide us through the Service using your Authentication Method.

Data 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 agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using Mobile Banking. You agree not to leave your Device unattended while logged into Mobile Banking and to log off immediately at the completion of each session. You agree not to use any personally identifiable information when creating shortcuts to your Account. We make no representation that any content or use of Mobile Banking is available for use in locations outside of the United States. Accessing Mobile Banking from locations outside of the United States is at your own risk.
You will notify us immediately by telephone at (877) 253-5981 and with written notice at Monticello Banking Company, PO Box 421, Monticello, and KY 42633 Attn: Security Department if you learn of any loss or theft of original checks and/or your device on which the service is installed. 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 may audit and monitor you, 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 deposited through the Service in your possession and your records relating to such items and transmissions.

User Warranties and Indemnification:
You warrant to Monticello Banking Company:
•	You will transmit eligible items.
•	You will be responsible to transmit images that will meet the image quality standards.
•	You will not transmit represent check for deposit.
•	All information you provide to Monticello Banking Company is accurate and true.
•	You will comply with this Agreement and all applicable rules, laws and regulations.
•	You warrant to Monticello Banking Company you will indemnify and hold harmless the Bank from loss due to breach of any warranty provision.

DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE 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 THE 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 THE SERVICE (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) WILL PRODUCE ACCURATE OR RELIABLE RESULTS, (iv) WILL BE WITHOUT ERRORS OR, (V) THE TECHNOLOGY WILL BE CORRECTED.