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Electronic Disclosures and Notices Consent Agreement
Electronic Delivery of Statements
By completing the consent agreement, you agree to permit First Mutual Bank (“The Bank”) to provide disclosures, notices, and statements to you in electronic form, instead of providing such notices, disclosures, and statements in written form.
Your consent and agreement shall relate to the receipt of notices, statements, and disclosures related to your selected account(s) electronically and shall remain valid until such time as you exercise your right to revoke this consent. You elect and authorize us, at our discretion, to electronically deliver your account statement(s), disclosures, and notices that we are required to provide you under applicable Federal and State statutes and their implementing regulations, as amended from time to time. Periodically, statements may contain electronic notices regarding changes to or information about your account(s) with us.”
Other Federal and State laws and regulations (“laws”) may be enacted or amended in the future to provide for electronic delivery of account statements and notices. Your election also authorized us, at our discretion, to provide electronic delivery of such statements and notices pursuant to these laws after they become effective.
Terms and Conditions of Your Electronic Statement Agreement By entering into this Agreement, you accept all the terms and conditions contained in the agreement. Please read it carefully.
The terms and conditions of your Account Agreement and Disclosure for each of your bank accounts as well as your other agreements with the Bank such as loans continue to apply notwithstanding anything to the contrary in this Agreement.
This agreement is also subject to applicable federal laws and the laws of the state(s) that the bank operates in. If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and the Bank’s successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation, or expiration of this Agreement.
Definitions
“We”, “Our”, “Us” or “The Bank” mean First Mutual Bank
“You” and “your” refer to the account owner(s) authorized by the Bank to receive eStatements under this Agreement.
“Account” or “accounts” means your accounts at the Bank.
“Business days” means any calendar day other than Saturday, Sunday, or any holidays recognized by the Bank.
Consent to Electronic Delivery of Account Statements You have the right to receive monthly, printed Account statements mailed to your mailing address of record. By entering into this Agreement, you understand that the Bank will cease providing you with printed statements in the mail, and that all future account statements will be maintained on a website that you may access to obtain, review, print and otherwise copy/download your periodic statements. Each month we will send a notice to you advising you of the availability of your eStatement. You may then access your statement via a link to our website using the procedures we authorize. You agree to notify us immediately, via telephone, facsimile, or e-mail of any change in your e-mail address.
Consent to Electronic Delivery of Notices You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically via-email, notice with instructions/links or via an e-mail with attached disclosures. You agree to notify us immediately of any change in your e-mail address.
We will send all notices, attachments and/or documents via e-mail to the last known e-mail address provided by you. You agree to notify us promptly in writing (by letter sent via U.S. Mail) or by calling us at (833) 294-4643, of any change of your e-mail address. For your protection and for security purposes, we will not accept any change of e-mail address notices via e-mail. If you have not notified us in writing of any change of your e-mail address, you agree that your failure to provide us with a good e-mail address is the lack of ordinary care on your part. If we become aware that you are not receiving e-mail, we will send all notices, attachments and/or documents to you via U.S. Mail to your last address known to us.
Security You understand the importance of your role in preventing misuse of your accounts and you agree to promptly examine your eStatement for each of your First Mutual Bank accounts as soon as you receive/access it. You agree to protect the confidentiality of your account and account number, and your user ID and password. You understand that your user ID and password by itself or together with information related to your account, may allow unauthorized access to your account. Data transferred via eStatement is not encrypted. You acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the Internet, or e-mail transmitted to and from us, will not be monitored or read by others.
Password Security For security reasons, we will require the use of an individualized password to gain access to your First Mutual Bank statements. If you incorrectly enter your password three times you will be prevented from access to eStatements. If you are prevented access due to incorrect password, please contact us at (833) 294-4643.
Your logon password is confidential information that should be known only by you. First Mutual Bank will not, for any reason, ask for your logon password. If anyone contacts you and requests this information, contact us immediately. You are responsible for keeping your logon password confidential.
Periodic Statements
By enrolling to receive eStatements, you will not receive a separate printed and mailed statement.
Your eStatement will be dated the day of the e-mail notifying you of the availability of your eStatement (the “E-mail Date”). You must promptly access/review your eStatement and any accompanying items and notify us in writing within the applicable time period specified in your Account Agreement and Disclosure of any error, unauthorized signature, lack of signature, alteration or other irregularity. If you allow someone else to access/review your statement, you are still fully responsible to access/review the statement for any errors, unauthorized signatures, lack of signatures, alterations, or other irregularities. Any applicable time periods within which you must notify us of any errors on your account statement(s) shall begin on the E-mail Date regardless of when you receive and/or open the eStatement.
Requesting Paper Copies If you need to obtain a printed copy of a statement that has not been mailed to you because you have enrolled to receive eStatements instead, please call us at (833) 294-4643. First Mutual Bank will charge a duplicate statement fee for providing this service. Review our current Service Fee Schedule to determine this amount www.firstmutal.bank.
Withdrawal of Consent You understand that if you decide in the future that you would like to receive printed statements in the mail instead of receiving eStatements electronically, or receive notices and disclosures in the mail, you agree to notify the Bank in person, via telephone, or via U.S. Mail. Our telephone number and postal mail address are listed below in the section entitled “Communications between the Bank and You.”
Change in Terms We may change any term of this Agreement at any time. If the change would result in increased fees for any bank service, or increased liability for you, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will provide any required notice of the change in terms to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we may notify you of the change in terms within 30 days after the change becomes effective. If there is more than one party to the account, notice to any one-account owner will be effective for all. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that the applicable deposit agreements and disclosures govern changes to fees applicable to specific accounts.
Disclaimer of Warranty and Limitation of Liability 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 the eStatements provided to you under this Agreement. We do not and cannot warrant that eStatements will operate without error, or that eStatements 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 this Agreement or by reason of your use of eStatements, 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. Further, in no event shall the liability of the Bank and its affiliates exceed the amounts paid by you for the services provided to you through eStatements.
Communications between First Mutual Bank and You
Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
Telephone: You can contact us by telephone at: (833) 294-4643 .
Postal Mail: You can write to us at: First Mutual Bank, FSB
eStatement Procedures You will receive an e-mail shortly after the end of each statement period (not all accounts generate monthly statements) with your eStatement. You may link to the Bank’s eStatement site by clicking on the link in the e-mail. Clicking this link will take you to the Login page for eStatements. You will need to enter your user ID and password to view your eStatement.
Hardware and Software Requirements We recommend Microsoft Edge 80 or higher or Firefox 73 or higher, Chrome 80, and Safari 14 but can support any browser with 128-bit encryption capabilities (i.e. Netscape 4.03 or higher). To access, download, and print eStatements, you need to have a personal computer with Internet and email access. You must also have Adobe Acrobat Reader 7.0 or higher. To download a free copy of Adobe Acrobat Reader, go to http://www.adobe.com.
ONLINE BANKING AGREEMENT AND DISCLOSURES
Online: You may enroll for Online Banking via www.firstmutal.bank to access your First Mutual Bank accounts. During this process you will assign your access ID and password. Once you have completed the online enrollment process you will have access to your accounts and services offered by us.
In person: You may also complete the same online enrollment process for online banking in the branch during the new account opening process. All information is kept strictly confidential and is not released to non-related third parties except as permitted by law. Please refer to our Privacy Statement for more information.
Customer liability. If you do not see the Secure URL address when you access the Online Banking site from your registered computer, DO NOT ENTER YOUR PASSWORD, disconnect from the site immediately, or call us (see Section 6. Loss of Password or Event of Unauthorized Transfer). Tell us at once if you believe your Password has been lost, stolen or otherwise become available to an unauthorized person; or, if your statement shows transfers that you did not make. An immediate telephone call to us is the best way to reduce any possible losses. You could lose money in your accounts, including any credit line, if available. If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you can lose no more than $50 if someone used your password without your permission. If you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500. Also, if your paper or e-mail/electronic periodic statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the statement was mailed or e-mailed to you, you may not get back any money you lost through transactions made after the 60 day time period if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from contacting us, we will extend the time periods.
The term “Qualified Accounts” means any of your First Mutual Bank checking accounts, or statement savings accounts. Subject to available funds, you may transfer funds through Online Banking in any amount.
We will not be liable to you if,
Notwithstanding any other provision in this agreement, unless otherwise prohibited by law, our sole responsibility for an error by us or third party provider in transferring funds will be to correct the error, but in no case will we be liable for any indirect, special, incidental or consequential damages in connection with or in any way related to Online Banking.
Rights and Procedures to Stop Payments. If you have instructed us to make regular preauthorized transfers out of your account, you may stop any of the payments. To stop a payment, use the stop payment feature within online banking or call us during business hours (Monday through Friday 8:00 am to 4:00 pm; at 833-294-4643 or write to:
First Mutual Bank
We must receive your call or written request at least three (3) business days prior to the scheduled payment. If you call, please have the following information ready: Your account number, the date the transfer is to take place, to whom the transfer is being made and the amount of the scheduled transfer. If you call, we will require you to put your request in writing and deliver it to us within fourteen (14) days after you call.
Notice of Varying Amounts. If you have arranged for automatic periodic payments to be deducted from your checking or savings account and these payments vary in amount, you will be notified by the person or company you are going to pay ten (10) days prior to the payment date of the amount to be deducted. You may choose instead to get his notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.
Termination. We may modify, suspend or terminate your privilege of using Online Banking and may withhold approval of any transaction, at any time, without prior notice to you. In the event we terminate Online Banking, we will try to notify you in advance but are not required to do so. You will be notified as soon as practicable. Any one person who can use the account accessible with Online Banking may terminate Online Banking. Termination shall not affect the rights and obligations of the parties for transactions made with Online Banking before we have had a reasonable time to respond to your termination request. Your termination of Online Banking will NOT automatically terminate any pending transfers and payments; you should cancel these items prior to terminating usage of Online Banking.
General. This Agreement is intended to supplement and not to replace other agreements between you and us relating to your accounts, including, without limitation, our Deposit Account Rules. In the event of a conflict between this Agreement and any other account rules and agreements that apply to your accounts, this Agreement shall govern and prevail with respect to Online Banking activities.
In Case of Errors or Questions about Your Internet Banking Transfers Telephone us:
833-294-4643
Contact Days and Hours:
Monday through Friday 8:00 am to 4:00 pm
Write us:
Customer Service
First Mutual Bank, FSB
P. O. Box 39
Belpre, OH 45714
Business Days:
Monday through Friday, excluding federal holidays.
Contact us as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than 60 days after we sent you the FIRST statement on which the problem or error appeared.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. We will tell you the results of our investigation within 3 business days after completing that investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
TERMS AND CONDITIONS FOR FIRST MUTUAL BANK MOBILE BANKING SERVICES
(If Applicable)
Terms and Conditions: First Mutual Bank, which will be referenced going forward in this document as “FIRST MUTUAL BANK”.
Thank you for using FIRST MUTUAL BANK Mobile Banking combined with your handheld’s text messaging capabilities. Message & Data rates may apply. For help, text “HELP” to 226563. To cancel, text “STOP” to 226563 at any time. In case of questions please contact customer service at 833-294-4643 or visit www.firstmutal.bank.
Terms and Conditions:
Mobile Banking and any software you may obtain from Mobile Banking (“Software”) may not be available at any time for any reason outside of the reasonable control of FIRST MUTUAL BANK or any service provider.
Privacy and User Information. You acknowledge that in connection with your use of Mobile Banking, FIRST MUTUAL BANK and its affiliates and service providers, including Q2, and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with Mobile Banking or the Software (collectively “User Information”). FIRST MUTUAL BANK and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. FIRST MUTUAL BANK and its affiliates and service providers also reserve the right to monitor use of Mobile Banking and the Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.
Restrictions on Use. You agree not to use Mobile Banking or the Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use Mobile Banking or the Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by FIRST MUTUAL BANK (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of FIRST MUTUAL BANK or any third-party service provider involved in the provision of Mobile Banking; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose FIRST MUTUAL BANK, any third-party service provider involved in providing Mobile Banking, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Q2 or any third party. You agree that you will not attempt to: (a) access any software or services for which your use has not been authorized; or (b) use or attempt to use a third party’s account; or (c) interfere in any manner with the provision of Mobile Banking or the Software, the security of Mobile Banking or the Software, or other customers of Mobile Banking or the Software; or (d) otherwise abuse Mobile Banking or the Software.
Use of Google Maps: You agree to abide by the Google terms and conditions of use found at http://maps.google.com/help/terms_maps.html and the Google Legal Notices found at http://www.maps.google.com/help/legal notices_maps.html, or other URLs as may be updated by Google.
ADDITIONAL TERMS AND CONDITIONS:
Messaging and Data Charges: By participating in the Services or using the Software you agree that the Services or Software may require the use of your handheld device’s data and text messaging capabilities and that standard data and text messaging charges apply in accordance with your Service Agreement with your Mobile Service Provider. You agree that FIRST MUTUAL BANK is not responsible for any charges you may incur while using the Services and Software provided as part of this agreement.
“Smartphones” and Other Web Enabled Devices: You acknowledge that Smartphones and other Web Enabled Devices are subject to the same security risks as computers that are attached to the Internet and agree that it is your responsibility to maintain anti-virus and anti-spyware programs on such devices.
Mobile Banking is provided for your convenience and does not replace your monthly account statement(s), which are the official record of your account(s). The information contained within Mobile Banking and any related software is for informational purposes only. You understand and agree these services may not be encrypted and may include personal or confidential information about you such as your account activity or status. Delivery and receipt of information, including instructions for payment, transfer and other move money transactions, through Mobile Banking may be delayed or impacted by factor(s) pertaining to your Internet service provider(s), phone carriers, other parties, or because of other reasons outside of our control. We will not be liable for losses or damages arising from any disclosure of account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, information and instructions sent through Mobile Banking. Additionally, not all of the products, services or functionality described on the online banking site(s) or your online banking agreement are available when you use a mobile device. Therefore, you may not be eligible to use all the products, services or functionality described when you access or try to access them using a mobile device. We reserve the right to determine your eligibility for any product, service or functionality at any time.
Information available via Mobile Banking, including balance, transfer and payment information may differ from the information that is available directly through the Online Banking site without the use of a mobile device. Information available directly through online banking without the use of a mobile device may not be available via Mobile Banking, may be described using different terminology (including capitalized terms used in the Agreement or on our online banking site(s), or may be more current than the information available via Mobile Banking, including but not limited to account balance information. The method of entering instructions via Mobile Banking may also differ from the method of entering instructions directly through the Online Banking without the use of a mobile device. Processing of payment and transfer instructions may take longer through Mobile Banking. We are not responsible for such differences including but not limited to delays, whether or not attributable to your use of the Mobile Banking.
Additionally, you agree that neither we nor our service providers will be liable for any errors in the content of information obtained or transmitted through Mobile Banking, or for any actions taken in reliance thereon (including, but not limited to, the type of alerts and other preferences selected by you). You are responsible for any and all charges, including, but not limited to, fees associated with text messaging imposed by your communications service provider. We are not responsible for any damages resulting from your failure to comply with any terms and conditions provided by your communication service provider or any app store. Any losses or charges incurred through loss of mobile device or the safeguarding or failure to safeguard passwords will remain your responsibility.
FIRST MUTUAL BANK reserves the right to change these Terms and Conditions at any time. When material changes are made, we will notify you. You are solely responsible for providing updated addresses as necessary. Revised Terms and Conditions shall become effective at the earliest date allowed by applicable law or regulation. In the event of any conflict between the Mobile Banking Terms and Conditions and other terms and conditions related to your account(s) to which Mobile Banking and any related software may be applicable, the Terms and Conditions of Mobile Banking will prevail solely with respect to the conflicting provisions and solely to the extent of the conflict. Continued use of Mobile Banking and any related Software constitutes your agreement with and acceptance of this Agreement, as well as any future changes to these Terms and Conditions.
Exclusion of Warranties. The customer has requested that FIRST MUTUAL BANK allow customer to access customer’s accounts remotely by mobile phone utilizing the internet. Except as otherwise expressly stated in these Terms and Conditions or in the Agreement for Internet Banking, FIRST MUTUAL BANK makes no representation or warranty, either expressed, implied or statutory, concerning the Services including that any Software application provided by FIRST MUTUAL BANK to facilitate mobile banking by customer through customer’s mobile phone number will operate uninterrupted or error free. The customer expressly confirms acceptance and use of any Software application “as is” and without warranty of any character whatsoever, and customer assumes all risk of loss resulting from conducting mobile banking. Customer is exclusively responsible for providing mobile phone service compatible with the Services and any Software application provided by FIRST MUTUAL BANK for the Services to be provided.
No Liability and Hold Harmless. FIRST MUTUAL BANK will use commercially reasonable efforts and ordinary care to provide the customer with access to the Services in accordance with these Terms and Conditions. In no event, however, shall FIRST MUTUAL BANK be liable for its failure to provide access to mobile banking services or for customer’s failure to receive message service whether either as a result of an error in or interruption of any Software application or as a result of any failure or interruption of customer’s mobile phone service or equipment. Without limiting the generality of the foregoing, FIRST MUTUAL BANK shall not be liable to the customer for delays or errors occurring by reason of circumstances beyond the control of FIRST MUTUAL BANK, including without limitation, the failure of communication networks and interference with or interruption of internet access or service, the failure of equipment, or any acts of civil, military, or banking authorities, national emergencies, labor difficulties, fire, flood or other catastrophes, acts of God, insurrection, war, riots, failure of transportation, failure of vendors, communication or power supply, or malfunction of or unavoidable difficulties with its equipment. FIRST MUTUAL BANK will not be liable for consequential, incidental, special or, exemplary damages or lost profits, even if the customer advises FIRST MUTUAL BANK of the possibility of such damages. Customer acknowledges and agrees that customer is solely responsible for protecting the confidentiality and security of customer’s username and password, both of which are required in order to access banking information through mobile and internet banking. Customer further acknowledges having been informed that the Bluetooth application on customer’s mobile phone equipment must be turned off when accessing mobile banking in order to protect the privacy of the User Information. Customer assumes and accepts all responsibility for the accuracy of all transactions performed or undertaken utilizing the Services made available by FIRST MUTUAL BANK at customer’s request. Customer shall hold the FIRST MUTUAL BANK harmless from and against any liability of any character attributable to customer’s use of the Services.
TERMS AND CONDITIONS FOR FIRST MUTUAL BANK MOBILE DEPOSIT SERVICE
This Agreement contains the Terms and Conditions that govern the use of the Mobile Deposit feature provided to you by First Mutual Bank, which will be referenced going forward in this document as “FIRST MUTUAL BANK”.
By accepting these Terms and Conditions you acknowledge and agree to abide by the rules and requirements for use of the Mobile Deposit feature and other relevant Agreements including, but not limited to FIRST MUTUAL BANK Deposit Account Agreements and Mobile Banking Agreement. In this Agreement, the words “You” and “Your” means the (consumer, customer) that applied for and/or uses the Mobile Deposit feature provided by FIRST MUTUAL BANK as described in this Agreement. The words “We”, “FIRST MUTUAL BANK” “the Bank” mean First Mutual Bank (MFSB). Your acceptance of invitation from FIRST MUTUAL BANK for the Mobile Deposit feature, your FIRST MUTUAL BANK Deposit Account Agreement and Mobile Banking Agreement are hereby incorporated into one and made a part of this Agreement. Use of the Services Following confirmation of your use of the services by FIRST MUTUAL BANK, authorized by FIRST MUTUAL BANK to remotely deposit paper checks received to your account with FIRST MUTUAL BANK (the “Account”) by electronically transmitting a digital image of the paper check(s) to FIRST MUTUAL BANK for deposit. Your use of the Services constitutes your acceptance of the terms and conditions of this Disclosure and Agreement
Upon receipt of the digital image, FIRST MUTUAL BANK will review the image for acceptability. FIRST MUTUAL BANK is not responsible for any image FIRST MUTUAL BANK does not receive. Following receipt of the image, FIRST MUTUAL BANK may process the image by preparing a “substitute check” or clearing the item as an image transaction. Notwithstanding anything to the contrary, FIRST MUTUAL BANK reserves the right, within its sole and absolute discretion, to accept or reject any item for remote deposit into Your Account. Any amount credited to Your Account for items deposited using the Services is a provisional credit and you agree to indemnify FIRST MUTUAL BANK against any loss you suffer because of your acceptance of the remotely deposited check.
In addition you agree that you will not (i) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service, (ii) copy or reproduce all or any part of the technology or Service; or (iii) interfere, or attempt to interfere, with the technology or Service.
Compliance with Law You agree to use the Service for lawful purposes and in compliance with laws, statutes, regulations and ordinances pertaining to the services, all laws relating to the banking transactions contemplated hereunder. You agree that you will only transmit acceptable items for deposit and have the original items in accordance with applicable laws, rules, and regulations. You promise to indemnify and hold FIRST MUTUAL BANK harmless for any damages, liabilities, costs, expenses (including attorneys’ fees) or other harm arising out of any violation thereof. This indemnity will survive termination of the Account and this Agreement.
Check Processing and Requirements Any image of a check that you transmit to FIRST MUTUAL BANK must accurately and legibly provide all the information on the front and back of the check at the time presented to you by the drawer. The original check will be transmitted accurately and legibly and will provide the following information: (1) the information identifying the drawer and the paying bank that is preprinted on the check, including complete and accurate MICR information and the signature(s); and (2) Payee information placed on the check prior to the time an image of the check is captured and properly endorsed on the back of the check. Checks payable to a third party will not be accepted for deposit (i.e. any item that is made payable to another party and then endorsed to the customer by such party). If the check is payable to all account owners, then either customer may endorse the check; unless the check is payable with “and” then all payee’s must endorse the check to be accepted for deposit. The image quality for the check will meet the standards for image quality established by the American National Standards Institute (“ANSI”), the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association.
Deposit Confirmation You understand that you will not receive a notification confirming receipt of your deposit, and that you must check your account on the next business day for confirmation.
Rejection of Deposit You understand FIRST MUTUAL BANK reserves the right to reject any item for mobile deposit for any reason, including but not limited to, rejection of a Substitute Check
that was created by another financial institution, customer or any other person or if the words “For Mobile Deposit Only” is not printed on the back of the check. You are responsible for any loss or overdraft, plus any applicable fees due to an item being returned.
Limitations on Frequency and Dollar Amount You understand and agree that you cannot exceed the limitations on frequency and dollar amounts of mobile deposits that are set forth by FIRST MUTUAL BANK. These maximum limits may not be applicable to all consumers and are subject to change at any time. The maximum deposit limits are:
“Per Daily Limit” – $2,500
“Per Check Limit”- $2,500
Items Returned Unpaid If images of checks deposited are dishonored or otherwise returned unpaid by the drawing bank, or are returned by a clearing agent for any reason, including, but not limited to issues relating to the quality of the image and or duplication, you understand and agree that the original check will not be returned as it would have been destroyed by you in accordance with the procedures within this disclosure (see Storage and Destruction of Original Check section). The image will be in the form of a paper reproduction of the original check or a substitute check unless otherwise instructed. You will not deposit the original check and understand your account will be charged the amount of the item returned along with a return item fee.
Unavailability of Services You understand and agree that the Services may at times be temporarily unavailable due to system maintenance or technical difficulties including those of the Internet service provider, cellular service provider and Internet software. It is your sole responsibility to verify that items deposited have been received and accepted for deposit by FIRST MUTUAL BANK by checking your account via Mobile or Online Banking. In the event that the Services are unavailable, you acknowledge that you can deposit an original check by mailing the original check to the mailing address on FIRST MUTUAL BANK’s website www.firstmutal.bank or depositing at anyone of our branches, also noted on FIRST MUTUAL BANK’s website http://www.firstmutal.bank/. Monday through Friday 9:00 am to 5:00 pm EST Saturday 9:00 am to 12:00 pm EST; Closed Sunday
Funds Availability You understand and agree that, for purposes of deposits made using the Service, the place of deposit is Belpre, OH. With regard to the availability of deposits made using the Service, the day of deposit is the day the check(s) have been approved and processed by us. Mobile check deposits received after 4:30pm Monday – Friday, or on Saturday, Sunday, and Federal holidays, will not be processed until the next business day after the day of deposit. You understand that you are responsible to confirm the funds availability by checking your account.
Internal Controls and Audit You understand and agree to adhere to the Internal Controls as described in this agreement and further detailed within this section. Furthermore, you agree to comply with the Audit requirements prescribed by FIRST MUTUAL BANK within this Agreement. Upon confirmation, by checking your FIRST MUTUAL BANK Account, that we have received the image of the item, you agree to prominently PRINT on the back of the check “For Mobile Deposit Only” and never re-present the item.
Customer’s Warranties You make the following warranties and representations with respect to each image of an original check you transmit to FIRST MUTUAL BANK utilizing the Services:
Storage and Destruction of Original Check You must securely store each original check for a period of 30 days after receipt that the file has been accepted. Within those 30 days you will take appropriate security measures to ensure that: (i) the information contained on the check(s) are not to be disclosed, (ii) the checks will not be duplicated or scanned more than one time, and (iii) checks will not be deposited or negotiated in any form. This means the original check(s) must be accessible after a file has been accepted by the Bank. After 30 days, the original check will be destroyed using a cross-cut shredder. You understand that you are responsible for any loss caused due to the failure to secure the original check(s).
Securing Images on Mobile Devices When using the Service, You understand that check images captured using your mobile device may be stored on the device only until the associated deposit has been successfully submitted. You agree to promptly complete each deposit. In the event that you are unable to promptly complete your deposit, you agree to ensure that your mobile device remains securely in your possession until the deposit has been completed or to delete the associated images from the application.
Customer’s Indemnification Obligation You understand and agree that you are required to indemnify FIRST MUTUAL BANK and hold FIRST MUTUAL BANK harmless against any and all claims, actions, damages, liabilities, costs, 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.
In Case of Errors In the event that you believe there has been an error with respect to any original check or image thereof transmitted to you for deposit or a breach of this Agreement, you will immediately contact FIRST MUTUAL BANK regarding such error or breach as set forth below. Telephone FIRST MUTUAL BANK at: 833-294-4643or e-mail at info@firstmutal.com.
Limitation of Liability You understand and agree that FIRST MUTUAL BANK is not responsible for any indirect, consequential, punitive, or special damages or damages attributable to your breach of this Disclosure and Agreement.
Charges for Use of the Services All charges associated with the Services are disclosed in First Mutual Bank Schedule of Deposit Account Fees.
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 NON-INFRINGEMENT. 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.
Change in Terms FIRST MUTUAL BANK may change the terms and charges for the Services indicated in this Disclosure and Agreement by notifying you of such change in writing and may amend, modify, add to, or delete from this Disclosure and Agreement from time to time. Your use of the Services after receipt of notification of any change by FIRST MUTUAL BANK constitutes your acceptance of the change.
Relationship to Other Disclosures The information in these Disclosures applies only to the Services described herein. Provisions in other disclosure documents, as may be revised from time to time, remain effective for all other aspects of the Account. Related disclosures, including FIRST MUTUAL BANK’s Electronic Funds Transfer disclosure, are located at https://www.firstmutal.bank/disclosures
Governing Law You understand and agree that this Disclosure and Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by and construed in accordance with the internal laws of the State of Ohio notwithstanding any conflict-of-law doctrines of such state or other jurisdiction to the contrary. I also agree to submit to the personal jurisdiction of the courts of the State of Ohio.
Periodic Statement Any remote deposits made through the Services will be reflected on your monthly account statement. You understand and agree that you are required to notify FIRST MUTUAL BANK of any error relating to images transmitted using the Services by no later than 60 days after you receive the monthly periodic statement that includes any transaction you allege is erroneous. You are responsible for any errors that you fail to bring to our attention within such time period.
Unacceptable Deposits You understand and agree that you are not permitted to deposit the following items using the Services:
Termination of Services You may, by written request, terminate the Services provided for in this Disclosure and Agreement. FIRST MUTUAL BANK may terminate use of the Services at any time upon written notice. In the event of termination of the Services, You understand that you will remain liable for all transactions performed on your Account.
ACCOUNT TO ACCOUNT EXTERNAL TRANSFER TERMS OF SERVICE
Account External Transfer Service at any time and for any reason or no reason. Neither termination, cancellation nor suspension shall affect your liability or obligations under this Agreement.
FIRST MUTUAL BANK FINGERPRINT CONSENT
Biometric services such as Apple Touch ID are available to log in to the First Mutual Bank (“First Mutual Bank”) Mobile App. Below is important information about this capability for you to review understand and to which you agree should you choose to enable this biometric service.
Description of Biometric Services with First Mutual Bank Mobile App
Touch ID is a service provided by Apple iOS. Using Biometric Services with the First Mutual Bank Mobile App allows you to use your fingerprint instead of entering your Access ID/Password to access the First Mutual Bank Mobile App. Fingerprint information is stored on your device only. When Biometric Services are used to authenticate a fingerprint registered to your device a secure token is exchanged with the First Mutual Bank Mobile App to permit access. Therefore, First Mutual Bank never receives or sees your fingerprint information.
For information on how Apple protects your fingerprint and keychain data, please see Apple’s Privacy Policy and iOS security guides.
YOU UNDERSTAND
You understand that this consent is part of the First Mutual Bank Mobile Banking and Mobile Deposit Agreement and by agreeing you understand that anyone with a fingerprint registered in the Touch ID on your device:
Has your authority to engage in the three activities described immediately above.
FIRST MUTUAL BANK ADVISES YOU TO REVIEW AND CONFIRM THAT ALL REGISTERED FINGERPRINTS BELONG TO INDIVIDUALS WITH AUTHORITY TO TRANSACT ON YOUR BEHALF AS DESCRIBED ABOVE. BY AGREEING TO THESE TERMS AND CONDITIONS, FIRST MUTUAL BANK RELIES ON YOUR REPRESENTATION THAT ANYONE WITH A REGISTERED FINGERPRINT HAS PROPER AUTHORITY.
Use of the Biometric Services with First Mutual Bank Mobile App
In order to use the Biometric Services, you need to enable it on your device through your iOS settings. Please review all information and guidance provided by Apple for their processes to understand the associated risk and features. Once enabled on your device, you can then enable the use of Biometrics Services from within the First Mutual Bank Mobile App, by tapping on the “Touch ID Settings” tile available on the “More” menu and then toggle the Touch ID switch to “On” position.