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First National Bank of Durango
SnApp Deposit Application, Agreement and Disclosure
Online Banker Agreement Addendum
Terms and Conditions
This document contains the terms and conditions for use of the SnApp Deposit (mobile deposit
capture) service (“Service”) provided by The First National Bank of Durango (“FNBD”, "the Bank" "we"
"our" and "us") to you ("you" "your"). By enrolling in this Service, you agree to all the terms and
conditions contained in this Agreement and Disclosure (“Agreement”). These terms and conditions are
in addition to any terms and conditions which apply to your deposit accounts and our online services.
To utilize SnApp Deposit, you must be enrolled in FNBD’s Online Banking and Mobile Banking, and the
accounts you wish to deposit into must be accessible through Mobile Banking. This Agreement
amends and becomes part of the Online Banker and Online Bill Payer Agreement between the Bank
and you and is subject to the Bank’s terms and conditions for deposit accounts and availability
schedules, provided that in the event of any conflict between this Agreement and the Bank’s terms
and conditions for deposit accounts and availability schedules, this Agreement shall prevail. Deposits
made through SnApp Deposit are also subject to the Account Agreements and Disclosures provided at
the time of Account opening.
The Service
The Service is available as a convenience for you to capture images of original paper checks ("deposit
item", "item", "check") and to transmit the items to us electronically for deposit to your eligible
accounts using a web enabled mobile device such as a cellular phone that allows secure 128-bit SSL
traffic and which is also capable of receiving text messages. Your wireless carrier may assess you
fees for data or text messaging services. Please consult your wireless plan or provider for
details. You are responsible for providing the necessary hardware and the installation of software to
use the Service. The way we clear, present and collect a deposit made using the Service is up to the
Bank’s sole discretion. We may reject or refuse to accept all or any part of your deposit submitted
using the Service for any reason and will not be liable for taking such action.
Eligibility Requirements
Customers who have any of the following on their account history are not eligible for SnApp
Deposit: attempted fraud, depositing of counterfeit items (ie scams), or a history of check
kiting. For additional Eligibility Requirements, see Schedule A.
Using the Service
In order to properly use SnApp Deposit, you should review and follow the instructions provided on our
website, www.fnbdurango.com. You agree to accept responsibility for learning how to use the Service
in accordance with the online instructions and agree that you will contact us directly if you have any
problems with the Service. If we modify the Service, you are responsible for making sure you
understand how to use it as modified. You also accept responsibility for making sure that you know
how to properly use your Device and we will not be liable to you for any losses caused by your failure
to properly use the Service or your Device.
Before you capture an image of a deposit item, you must first properly endorse the check. A proper
endorsement consists of:
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For individuals, signing your name in the designated endorsement area on the back of the
check and writing “For Deposit Only”.
•
For businesses, writing the name of the business and “For Deposit Only” or using an
endorsement stamp.
Writing the account number and/or ‘For Deposit Only’ is not a proper endorsement.
Before you submit the image of your check to the Bank you are responsible for reviewing and verifying
the accuracy of the electronic deposit information. We will provide acknowledgment of receipt of your
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deposit information. We will provide notification if an image of a deposit is of insufficient quality to be
processed.
Immediately after attempting to make a deposit, you may receive a message from us that says
‘Deposit Successful.’ This does not mean that your deposit has been accepted or processed. It simply
means that the deposit was accepted for processing. When an item has been approved for deposit,
you may receive an e-mail from us that says: “Your deposit has been approved.” In instances when
a deposit correction is necessary, you may receive an e-mail from us that says: “Your deposit has
been adjusted.” This could happen during final review of your deposit. When an item has been
rejected, you may receive an e-mail from us that says: “Your deposit has been rejected.”
Once you deposit an image of a check, you may not transfer, negotiate or deposit the same check or
its image. Please notify us immediately if you believe that an error has occurred with a deposit. We
recommend you store your original paper check in a secure location for at least 30 days after you see
the deposit has posted to your account. After the deposit has posted to your account we recommend
you write "remote deposit" on the face of the item. The Bank at any time and at its own discretion
may request you provide the original check or obtain a replacement.
Service Availability
The Service can be accessed 24 hours a day, 7 days a week, except when unavailable due to
scheduled maintenance or service interruptions. If we receive a deposit via the Service before the
Cut-Off Time listed on Schedule A to this Agreement on a bank business day, that will be the day of
your deposit. Deposits received via the Service later than the Cut-Off Time on a bank business day, on
a weekend or federal holiday will be deposited the next bank business day.
Service Limits
We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit
and to modify such limits from time to time. Established limits are listed on Schedule A of this
Agreement.
Funds Availability
Funds from deposits made using the Service will generally be available the second business day after
the day of the deposit. We will notify you if we delay your ability to withdraw these funds for any of
the reasons specified in this Agreement or the Terms and Conditions for your accounts.
Deposit Eligibility
You agree that you will only deposit checks payable solely to you and/or a joint owner of the deposit
account. You may not use the Service to deposit any of the following items: U. S. Treasury checks,
traveler’s checks, checks payable in any non-U.S. currency, checks drawn on a non-U.S. bank, third
party checks, substitute checks, checks that have been previously returned or checks more than six
months old. The following account types are not eligible for SnApp Deposit: Money Market,
Certificate of Deposit and IRA.
The image of any item transmitted for deposit must be legible. Items with poor image quality will be
rejected.
Your Representations and Agreements
You agree to use reasonable security measures to protect the transmission and storage of items you
deposit and on the device you use to access the Service.
You agree that you will not deposit items that contain obvious alteration of any kind to the front of the
check, 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 is drawn.
You must comply with all laws applicable to your use of the Service.
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You are responsible for any losses caused by your deposit of the same item more than once.
You agree to indemnify, defend and hold us harmless from and against any and all claims, losses,
liability, cost and expenses (including reasonable attorneys’ fees) arising from your misuse of the
Service or your violation of applicable federal, state, or local law, regulation or ordinance. Your
obligation under this paragraph shall survive termination of the Agreement.
If you are physically located in a country for which there is an OFAC (Office of Foreign Assets Control)
sanctions program in place, you may not use this service to transmit deposits of any dollar amount.
When you use the Service, you remain subject to the terms and conditions of your existing
agreements with any unaffiliated service providers. You understand that those agreements may
provide for fees, limitations and restrictions which might impact your use of the Service (such as data
usage charges) and you agree to be solely responsible for all such fees, limitations and restrictions.
You agree that only your mobile service provider is responsible for its products and services.
Accordingly, you agree to resolve any problems with your provider directly without involving us.
You agree to notify us of any suspected errors or questions regarding items deposited through the
Service right away and in no event later than 60 days after the applicable account statement is sent.
Unless you notify us within 60 days, such statement regarding all deposits made through the Service
shall be deemed correct, and you are prohibited from bringing a claim against the Bank for any
alleged error.
Failure to comply with your representations and agreements will result in termination of your SnApp
Deposit services.
Limitation of Liability
We reserve the right to reject any item transmitted through SnApp Deposit, at our discretion, without
liability to you. We are not responsible for items we do not receive or for images that are dropped
during transmission. We are not responsible for your Device hardware or the software on it.
We make no representations or warranties, whether expressed or implied regarding the Devices or
software you use or your use of the Service. We specifically disclaim all implied warranties of
merchantability and fitness for a particular purpose. We do not guarantee that use of the Service will
be uninterrupted, error free or protected. Our sole obligation to you arising out of (i) the nonavailability of SnApp Deposit, or (ii) an interruption or delay in providing SnApp Deposit shall be to use
commercially reasonable efforts to resume such services (i.e.: Our Main Bank or Branch locations.)
THE FOREGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO
EVENT SHALL THE BANK BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF WE ARE
ADVISED OF THE POSSIBILITY) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR
MAINTENANCE OF ANY ELECTRONIC ACCESS DEVICES, AND/OR THE SnApp Deposit SERVICES.
Amendments, Refusal of Service and Termination
We reserve the right to refuse SnApp Deposit services to anyone. We may limit the types and number
of accounts eligible and may refuse to make any transaction you request through the Service. We
reserve the right to take actions to protect our systems and information, including denial of access to
users of the Service.
From time to time, we may amend these terms and modify or cancel the Service we offer without
notice, except as may be required by law. Your use of the Service after we send you a notice of
change will constitute your agreement to any and all such changes. Our revisions and updates may
render all prior versions of the Service obsolete.
We may change, suspend or discontinue the Service or your use of the Service, in whole or in part,
immediately and at any time without prior notice to you, except as provided by law. You may
terminate or discontinue the Service by mailing your request to The First National Bank of Durango,
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Attn: Account Services Department, P.O. Box 2910, Durango, CO 81302, by phone at (970) 247-3020
or (866) 227-3020, or by email at [email protected].
Miscellaneous
Any notice we give you concerning SnApp Deposit and/or your accounts is effective when we send you
an electronic message or when we mail or deliver the notice to you at the address we have on file for
you. If any of your accounts has more than one co-owner, notice to any one co-owner will be
considered effective notice to all. To the extent permitted by law or regulation, you agree that we
may send you by means of an electronic message any information we are required by law or
regulation to provide in writing. You may request a paper copy of the information up to one year after
receiving our electronic message.
You may not assign this Agreement to any other person or entity. We may assign this Agreement to
any company with which we are directly or indirectly affiliated. We may also assign or delegate our
rights or responsibilities under this Agreement to independent contractors or other third parties.
We will not be deemed to have waived any of our rights or remedies under this Agreement unless we
send the waiver to you by electronic message or we otherwise mail or deliver to you a written waiver
signed by us. No delay or omission on our part in exercising any of our rights or remedies shall
operate as a waiver of such rights or remedies we may have. A waiver on one occasion will not be
construed as a bar or waiver of any rights or remedies on future occasions.
If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing
parties shall be entitled to reasonable attorney’s fees, costs and expenses in addition to any other
relief to which such prevailing parties may be entitled. The proper venue and jurisdiction for any
action arising out of this Agreement shall be exclusively in the District Court of La Plata County, State
of Colorado. This Agreement shall be governed by and construed in accordance with the laws of the
State of Colorado.
The undersigned hereby acknowledges that the Bank may verify credit information or data relating to
this account(s) for any legitimate purpose, through any source or a consumer reporting agency.
Customer Name
Customer Signature
Customer Online Banking ID
Business name (if applicable)
Customer E-mail address
Date
Mailing Address
Drop the completed application off at one of our Branches, or e-mail it to [email protected] or
fax it to us at 970-247-9333.
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CIF #
SnApp Deposit Agreement
Schedule A – Pricing and Delivery Schedule for Consumer Customers
Eligibility requirements for SnApp Deposit:
Credit Score < 649
1. Customer is not eligible for SnApp Deposit and can reapply in 3 months.
If customer reapplies for SnApp Deposit, a new credit report will be obtained after
each 3 month waiting period.
Credit Score 650-699
1. 3 or less NSF items in the past 2 months
2. 6 month credit history (minimum)
3. FNBD account opened for at least 2 months
Credit Score >700
1. 6 month credit history (minimum)
2. No FNBD account history necessary
Deposit Limit: The maximum amount you may deposit on any calendar day is $2,000 and the
maximum aggregate amount that you may deposit during any thirty calendar days is $5,000.
Limits are on a per-user (not per account) basis.
Cutoff Time: 3:00 PM Mountain.
Funds Availability: Funds from SnApp Deposit are not immediately available for use.
Deposits received before 3:00 PM Mountain will be processed the same business day and
those funds will generally be available for withdrawal by the second business day after
the day of deposit.
Deposits made after 3:00 PM Mountain will be processed the next business day and will
generally be made available by the second business day following.
Fees:
Application fee: $0
Monthly fee: $0
Please complete the following for each account. Remember, accounts you wish to deposit into must
be accessible through FNBD’s Mobile Banking App.
Personal Accounts Only:
Account Type
(circle one):
For Internal Use Only:
checking or savings
Personal Banker: Refer to Online Banker
for Account Nickname/Pseudo.
Routing Number: 102100552
Account Number:
Account Type
(circle one):
Account Nickname:
checking or savings
Personal Banker: Refer to Online Banker
for Account Nickname/Pseudo.
Routing Number: 102100552
Account Number:
Account Nickname:
Customer Signature
Date
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CIF #
SnApp Deposit Agreement
Schedule B – Pricing and Delivery Schedule for Business Customers
Eligibility requirements for SnApp Deposit:
Credit Score < 649
1. Customer is not eligible for SnApp Deposit and can reapply in 3 months.
If customer reapplies for SnApp Deposit, a new credit report will be obtained after
each 3 month waiting period.
Credit Score 650-699
1. 3 or less NSF items in the past 2 months
2. 6 month credit history (minimum)
3. FNBD account opened for at least 2 months
Credit Score >700
1. 6 month credit history (minimum)
2. No FNBD account history necessary
Deposit Limit: The maximum amount you may deposit on any calendar day is $5,000 and the
maximum aggregate amount that you may deposit during any thirty calendar days is $25,000.
Limits are on a per-user (not per account) basis.
Cutoff Time: 3:00 PM Mountain.
Funds Availability: Funds from SnApp Deposit are not immediately available for use.
Deposits received before 3:00 PM Mountain will be processed the same business day and
those funds will generally be available for withdrawal by the second business day after
the day of deposit.
Deposits made after 3:00 PM Mountain will be processed the next business day and will
generally be made available by the second business day following.
Fees:
Application fee: $0
Per deposited item fee: $.75
Regulation E (Electronic Funds Transfer) does not apply to commercial accounts.
Please complete the following for each account. Remember, accounts you wish to deposit into must
be accessible through FNBD’s Mobile Banking App.
Business Accounts Only:
Account Type
(circle one):
For Internal Use Only:
checking or savings
Personal Banker: Refer to Online Banker
for Account Nickname/Pseudo.
Routing Number: 102100552
Account Number:
Account Type
(circle one):
Account Nickname:
checking or savings
Personal Banker: Refer to Online Banker
for Account Nickname/Pseudo.
Routing Number: 102100552
Account Number:
Account Nickname:
Customer Signature
Date
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