END USER TERMS
This service is provided to you by American Bank and Trust Company, N.A. 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 American Bank and Trust Company, N.A. Section B of these End User Terms is a legal agreement between you and the Licensor.
American Bank and Trust Company, N.A. MOBILE BANKING
Thank you for using American Bank and Trust Company, N.A. Mobile Banking combined with your handheld's text messaging capabilities. For help, text "HELP" to 79680. To cancel your plan, text "STOP" to 79680 at anytime. In case of questions concerning your Mobile Banking, please contact our eBanking Services department at our Davenport, Iowa head office via email at email@example.com or call toll-free (877) 626-2265 ext. 6524.
TERMS AND CONDITIONS
These AmBank Mobile Terms and Conditions (“Terms and Conditions”) contain the terms and conditions under which we permit our AmBank Consumer eBanking Online Internet Banking users to obtain certain banking services via a cell phone or other handheld mobile device, as described below (the “Mobile Service” or the “Service”). You must accept these Terms and Conditions before you use the Service. In these Terms and Conditions, “you” refers to the our Consumer eBanking user who has registered for the Mobile Service, and the terms “AmBank,” “Bank,” “we” and “us” refer to American Bank and Trust Company, N.A.
These Terms and Conditions are made part of the AmBank Online Internet Banking & Bill Payment User Agreement (the “Agreement”) entered into between Bank and our Consumer eBanking users. All terms and definitions contained in the Agreement apply to these Terms and Conditions. In addition, the terms and conditions of your deposit agreements and disclosures for each of your AmBank deposit accounts, as well as any other agreements you may have with us, such as loans, continue to apply. In the event of a conflict or inconsistency between these Terms and Conditions and the Agreement or any other agreements currently in place between you and us, these Terms and Conditions will govern.
Distinct Services. 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 AmBank. 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.
Transmission Content. You and AmBank are solely responsible for the content transmitted through the text messages sent to and from us. You must provide source indication in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.).
Information Security. We follow a business practice of never initiating a request for non-public information via a voice phone call or by sending you an email message, a facsimile (“fax”) transmission, and/or a text message. We will never send you an electronic message with an embedded link for you to “click on” (select) to respond with non-public confidential information, such as a social security number, account number, birth date, User ID information, password, etc. When pointing your Internet browser to AmBank’s website at www.ambankqc.com you agree to be reasonably prudent and confirm the website you have accessed is precisely identified as www.ambankqc.com and not a third-party website with a similar, but different, website address. You agree that if you ever have any doubts or suspicion about the authenticity of a communication you receive that is purporting to originate from AmBank, you will seek independent confirmation of the message by contacting AmBank via a personal on-site visit to an AmBank office or through a communications channel personally familiar to you, such as the email address or phone number provided by us in these Terms and Conditions.
1. USING THE AMBANK MOBILE BANKING SERVICE
Accessing The Mobile Service. In order to access the Mobile Service, you must have a cell phone or other handheld device that can send and receive information using the technology that supports this Service (a “Mobile Device”). Internet access is not required on your Mobile Device to use the Mobile Service; however, certain services are only available through the Internet. The kinds of Mobile Devices and the telecommunications carriers that support the Mobile Service are described on our website. You are responsible for the purchase and maintenance of your Mobile Device and for any contracts with your telecommunication carrier necessary to operate your Mobile Device.
Your Responsibility for Security. Mobile Devices with Internet capabilities are susceptible to viruses. You are responsible to ensure that your Mobile Device is protected from and free of viruses, worms, Trojan horses, or other similar harmful components that could result in damage to programs, files, and/or your Mobile Device or could result in information being intercepted by a third party. We are not responsible if any non‐public personal information is accessed via the Mobile Service due to any virus residing or being contracted by your Mobile Device at any time or from any source.
Mobile Service Uses. With the Mobile Service, you may use your Mobile Device:
- To view balances and recent transactions for each online banking account that you have enabled to be accessed from your Mobile Device (each, a “Mobile Account”).
- To make immediate, one-time transfers of funds between your Mobile Accounts. The terms and conditions for transfers using the Mobile Service, including any limitations on the amount and frequency of transfers, are the same as those for transfers using Online Internet Banking and are governed by your applicable account agreements.
- To view alerts as long as you have enabled the option in Online Internet Banking.
- To make single Bill Payments to vendor Payees you previously established in our Bill Payment service while logged in to an earlier separate Consumer eBanking Online Internet Banking session. This feature is subject to the Bill Payment terms and conditions in the Agreement.
- To make deposits to your Mobile Accounts through Xpress Deposit.
We may change these Terms and Conditions from time to time, as provided herein, to add, modify or discontinue one or more terms of the Mobile Service. We also reserve the right, at our discretion, to impose a frequency or dollar limit on, or refuse to make, any transfers.
Mobile Accounts will only be enrolled in the Mobile Service to the extent you are the owner of the Mobile Account. We reserve the right to deny access to any Mobile Account at our discretion and without prior notice. Transfers from insured money market accounts and savings accounts are limited to six per month, including transfers from such accounts by check, debit card or similar order, and, if you exceed these limits, we may assess a penalty fee on each transfer exceeding these limits, close the account and/or convert the account to a non-interest bearing demand deposit account.
Access. The Mobile Service is generally available 24 hours a day and 7 days a week. However, at certain times, some or all of the Mobile Service may not be available due to system maintenance or reasons beyond our control, including, but not limited to, cellular service availability. We do not warrant that the Mobile Service will be available at all times. The display of Mobile Account information may vary based on your Mobile Device and your cellular service.
Short Message Service “SMS” Texting. We may send text messages to you based upon the instructions you provide at the time of your SMS request. For instance, you may set an alert for a low balance threshold you have established. Each SMS message is sent to you without being encrypted and will include certain information requested on your Mobile Account(s). It is your responsibility to determine if your wireless carrier provider supports text messaging and whether your Mobile Device is capable of receiving text messages. Our SMS messages are subject to the terms and conditions of your agreement with your wireless carrier provider and your use of the SMS service may result in additional or changed fees.
Once you activate your Mobile Device for this service, you are responsible for keeping any personal information in your Mobile Device secure. For your protection, you agree to:
- Login to Online Internet Banking and cancel your SMS alert service if your Mobile Device is lost or stolen and contact us immediately;
- Login to Online Internet and cancel or edit your SMS alert service if there are changes to your wireless carrier provider or Mobile Device number (cell phone number); and
- Erase your “Sent Messages” and “Inbox” that may contain your SMS Short Code or other personal information.
You acknowledge, agree and understand that your receipt of any SMS messages may be delayed or prevented by factor(s) affecting your wireless carrier provider and/or other factors outside our control. We neither guarantee the delivery nor the accuracy of the contents of any message(s). We are not liable for any losses, damages or costs that may arise in whole or in part, from:
- Non‐delivery, delayed delivery, or the misdirected delivery of any message;
- Inaccurate or incomplete content in any message; and
- Your reliance on or use of the information provided in any SMS service message for any purpose.
We provide this service as a convenience to you. An SMS message does not constitute an official record for the Mobile Account to which it pertains. We reserve the right to terminate this function or begin charging a fee for this function at any time without prior notice to you, except where required by law.
No Recurring Bill Payments to a Vendor Payee. The Mobile Service allows you to make only one-time Bill Payments, but does not allow you to schedule future or recurring transfers through your Mobile Device. If you discover there is an amount entry error or other issue with a one-time Bill Payment you just submitted through your Mobile Device, promptly contact our Client Services department by calling toll-free (877) 626-2265 ext. 6524 during the department’s regular business hours to determine if your submitted Bill Payment can be stopped with a timely Stop Payment Order from you.
No Recurring Transfers or Stop Payment of a Transfer. The Mobile Service allows you to make only one-time transfers, but does not allow you to schedule future or recurring transfers through your Mobile Device. There is no way for you to stop a transfer once you have requested a transfer through your Mobile Device.
2. XPRESS DEPOSIT
Xpress Deposit User Eligibility. Individuals, who are enrolled in Mobile Banking and possess proper authorization to access personal checking, NOW, insured money market, and/or savings accounts established for household purposes, are eligible to use AmBank’s Xpress Deposit service within Mobile Banking if the personal account specified to receive the remote deposit was initially opened with a deposit of $50 or more, has been continuously open at least ninety (90) days prior to the current remote deposit date, has a year-to-date average ledger balance of $100 or more, and has been maintained in a satisfactory manner without a history of excessive overdrafts.
Paper Negotiable Items Eligible for Xpress Deposit. An "Item" means a check, money order, cashier's check, official check, U.S Treasury check, or any other payment instrument drawn in United States Dollars (“USD”) for a sum certain amount on a financial institution within the United States from a Payer to you, as the Item’s named Payee, that may be transmitted as either data or image, and where applicable in the context, includes the electronic image of the front and back of an Item, in addition to other required information as specified by AmBank from time to time. The Item must be made payable to only you or a proprietorship reflecting your name. If the Item is payable to a joint payee, that person must also have a joint ownership interest in the Mobile Account that the Item is being deposited in.
You, as the User of AmBank’s Xpress Deposit service, will only be transmitting electronic images of the front and back of Items and not any paper Items.
In order for an Item to be processed for Xpress Deposit, it must be restrictively endorsed in the proper location on the back of the Item with the following words: "FOR DEPOSIT ONLY” with the handwritten endorsement signature(s) of the Item’s named Payee(s) appearing immediately below the “FOR DEPOSIT ONLY” printed text. Use black or dark blue ink when endorsing an Item for deposit. By endorsing the Item as a named Payee you hereby warrant the authenticity and genuineness of any other third-party named Payee’s endorsement signature appearing on the back of the Item as a prior endorsement guaranteed in your capacity as a holder in due course of the Item you are presenting to AmBank through Xpress Deposit.
Non-Eligible or Rejected Items. The Items you deposit through Xpress Deposit cannot be future or post-dated. Do not deposit Items that have previously been submitted through Mobile Deposit or through a remote deposit capture service offered at another financial institution. An otherwise negotiable Item, such as a non-personalized temporary check form or counter check form, that does not bear a serial number on the face of the Item in the upper right-hand corner and within the Magnetic Ink Character Recognition (“MICR”) data field reserved for the Item’s serial number near the bottom edge of the Item’s face is NOT ELIGIBLE for you to deposit through Xpress Deposit.
An Item that has handwriting or printing, other than standard MICR numbers and symbols appearing within the MICR fields reserved to facilitate transaction processing, on the Item’s face may reject when you attempt to deposit through Xpress Deposit.
The Service will only be provided for Items received (i) by you for personal, family or household purposes, and (ii) by you as a household small business proprietorship doing business under your personal name and corresponding social security number for low volumes (typically 3 Items or less per business weekday) of deposited Items.
Non-eligible or rejected Items must be presented by you over-the-counter to the staffed Teller Services department at an AmBank retail office for deposit.
Xpress Deposit Processing. Xpress Deposit processing means the specific service(s) provided through Mobile Banking by AmBank, including electronic check conversion and image archive systems that allow the use of a Mobile Device (your iPhone or Android mobile smartphone equipped with a camera, or data processing equipment equipped with a document scanner) to obtain and transmit the front and back images of Items and accompanying transaction data for the purpose of delivery to AmBank for clearing as an “IRD” or “Image Replacement Document.”
Xpress Deposit Processing Schedule and Transaction Limitations.
- One Item, comprised of a front side and back side document image conforming to current banking industry image quality standards, can be deposited to your selected eligible Mobile Account per remote deposit transaction.
- Xpress Deposit transactions submitted by 4:00 PM Central Time on business weekdays (excludes Saturdays, Sundays and observed Federal holidays) will be processed for acceptance and provisionally credited on the business date of submission.
- Funds from Items deposited and accepted through Xpress Deposit will be available to the Mobile Account holder pursuant to AmBank’s Funds Availability Policy.
- If a submitted Xpress Deposit is rejected for a correctable Item rejection issue, such as check payee’s endorsement missing or poor check image quality, the Item can be resubmitted with the necessary repair by 4:00 PM for same-day processing at AmBank.
- The original document should not be destroyed for five business days in the event the Xpress Deposit document is rejected for a correctable item rejection issue.
- Xpress Deposit transactions submitted after 4:00 PM Central Time on business weekdays will be reviewed and processed on the next business weekday.
- AmBank will reply to you with an automated “deposit received” acknowledgment email when you submit a Xpress Deposit, and after the transaction passes through a review process you will subsequently receive either an “approved for processing” email message or a “declined for processing (with reason)” message.
- Xpress Deposit does not accept any Item exceeding $2,500. No more than six Xpress Deposit Items totaling $5,000 will be accepted on any single business weekday.
- Transaction security filters may also reject unusually high Xpress Deposit transaction activity occurring over any five consecutive weekday business days.
Please contact AmBank’s Client Services department via email at firstname.lastname@example.org or call toll-free (877) 626-2265 ext. 6524 on weekdays if you encounter a Xpress Deposit error or other rejection message for which you desire a clarification or additional explanation.
Xpress Deposit User Responsibilities. Your use of the Xpress Deposit service constitutes your authorization for AmBank and the third-party financial institution correspondents participating in the presentment and collection of deposited Items to convert Items to IRDs or transmit as an image and further authorizes AmBank or any other financial institution to which an Item is sent to handle the Item. You agree to be bound by any clearinghouse agreements, operating circulars and image exchange agreements to which AmBank is a party in the processing of an Item you deposit through the Xpress Deposit service. You agree, at your sole expense:
- To provide connectivity between your Mobile Device and the Xpress Deposit service.
- To maintain the Mobile Device in accordance with the instructions provided by AmBank, its Licensor and/or any other Mobile Device provider.
- As applicable, to utilize your software, or AmBank software to scan, load, and format Items as needed for transmission to AmBank prior to the communicated cut-off time for same business weekday provisional credit.
- To process return data and any remittance data delivered by AmBank for the purpose of updating your internal systems (which may include electronic and paper return Items).
- To implement and maintain security measures (including auto-lock when your Mobile Device is not in use and a self-selected confidential passcode to unlock your Mobile Device for your personal use) and firewall protection, in compliance with your obligations under these Terms and Conditions.
- To read and comply with Xpress Deposit user guidance, any instructions and/or procedures displayed on your Mobile Device while using the Xpress Deposit application.
Prohibition on Duplication of Deposits. Unless AmBank has notified you that an Item has been rejected by Xpress Deposit or returned unprocessed, you are prohibited from subsequently presenting for deposit any Item included in an IRD either in its paper-based form or in digital form within another deposit. You agree:
- The posting of a deposit by you into your Mobile Account, such that it appears in the transaction history of the Mobile Account as presented through AmBank’s Xpress Deposit service, shall constitute confirmation that an IRD has been credited to your Mobile Account.
- To reasonably maintain control and safekeeping over the original paper Item so that it is not subsequently deposited as a duplicate Item for payment settlement more than once.
- No later than sixty (60) calendar days after you have received your account statement on which your deposited Item has been credited to your Mobile Account, you will promptly destroy the corresponding original paper Item represented by such IRD.
- To destroy the original paper Item by shredding or another commercially acceptable means of data destruction and shall indemnify AmBank for any and all losses or other damages AmBank may suffer as a result of any deposit of your endorsed Item more than once through Xpress Deposit or AmBank’s other offered deposit services including, but not limited to, ATM deposit services, night depository services, or over-the-counter retail office teller deposit services. You expressly authorize and instruct AmBank to debit your Mobile Account(s) in the amount of any Item, which has been credited to your Mobile Account(s) more than once.
Xpress Deposit User Liability. You shall be solely responsible if any IRD for which you have been given provisional credit is subject to return or reversal, and neither AmBank nor its subcontractors shall be liable or responsible for same. You acknowledge that all credits received for deposit are provisional and subject to verification and final settlement, as disclosed in AmBank’s All About Your Deposit Account brochure. Any dishonored Items will be returned as an image of the original or a substitute check as the charged-back item. Information and data reported hereunder: (i) may be received prior to final posting and confirmation and is subject to correction and (ii) is for informational purposes only and may not be relied upon. You agree that AmBank shall have no liability for the content of payment-related information.
Account Statement Examination. Unless you notify AmBank of any errors to deposits made through Xpress Deposit within sixty (60) days after the applicable Mobile Account statement is mailed or otherwise provided to you, such statement regarding all deposits made through Xpress Deposit shall be deemed to be correct.
3. LIMITATION ON LIABILITY
We hope you will find the Mobile Service to be useful and reliable. However, it is important that you understand the limitations of the Mobile Service. The balance of a Mobile Account may be subject to change at any time, and the information provided to you through the Mobile Service may become quickly outdated. Because the Mobile Service is accessible only through your Mobile Device, your access to the Mobile Service may be limited by the service provided by your telecommunications carrier. Neither we nor our Licensor guarantee: (i) either the delivery or the accuracy of any information requested or provided through the Mobile Service; or (ii) that you will have continuous or uninterrupted access to the Mobile Service. We are not responsible for any delay, failure or error in the transmission or content of information provided through the Mobile Service. Neither we nor our Licensor will be liable for damages arising from the non-delivery, delayed delivery, or improper delivery of any information through the Mobile Service; from any inaccurate information provided through the Mobile Service; from your use of or reliance on any information provided through the Mobile Service; or from your inability to access the Mobile Service.
4. YOUR RIGHTS AS A CONSUMER
See the section of the Agreement entitled “ELECTRONIC FUNDS TRANSFERS – YOUR RIGHTS AND RESPONSIBILITIES” for your legal rights and responsibilities when using the Services.
5. CHANGES TO YOUR CONTACT INFORMATION
It is solely your responsibility to assure that the contact information you have provided to us for the AmBank Mobile Banking Service is current and accurate. This includes not only the telephone number and telecommunications carrier for your Mobile Device, but also your name, address, other phone numbers, and your e-mail address. You may contact us about corrections and/or updates by accessing our secure e-mail service (click on the Customer Service Menu when you are logged in to our Consumer eBanking Online Internet Banking Financial Center home page on the Internet), by phoning us or by writing to us at:
AMERICAN BANK AND TRUST COMPANY, N.A.
4301 East 53rd Street
DAVENPORT, IOWA 52807-3861
(563) 441-6524 or toll free within the continental USA (877) 626-2265 ext. 6524
Or, you can change your email address by clicking on the "Change" link appearing immediately to the right of the current email address displayed after logging in to our Consumer eBanking Financial Center home page on the Internet.
END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP
To be Agreed to by End User Prior to Use of the Downloadable App
- 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").
- 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.
- 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.
- Disclaimer Warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. 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 OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
- Limitations of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR , THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE 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 THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
- 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.
- 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 California 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 California 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.
- 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.