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Mobile Deposit Agreement

This First Farmers & Merchants Mobile Deposit Agreement (“Agreement”) contains the terms and conditions for use of the First Farmers & Merchants Bank (“Bank,” “us,” “we,” “our”) Mobile Deposit Service (“Service”) provided to you (“you,” “your,”).  You must enroll in E-Neighbor Banking and the Mobile Banking Service and execute the Consumer Online Access Agreement and the Mobile Banking Service Agreement before you can enroll in and have access to the Service.  All of the terms and provisions of the Online Banking Agreement and the Mobile Banking Service Agreement are hereby incorporated by reference and are made a part of this Agreement to the same extent as if those terms and provisions were contained herein.  Other agreements you have entered into with Bank in connection with your First Farmers & Merchants Bank accounts and other services, including, as applicable, the Deposit Account Agreement, Funds Availability Policy, Privacy Policy, Truth in Savings Disclosure, Schedule of Fees and Account Signature Card (collectively, the “Account Documentation”) are incorporated by reference and made a part of this Agreement.  By clicking the “I Agree” button at the conclusion of this Agreement or by using or continuing to use the Service, you agree to this Agreement.  In the event of a conflict between this Agreement, the Online Access Agreement, and/or the Account Documentation, this Agreement will govern.

Services. The Service is designed to allow you to make mobile deposits (each such deposit a “Mobile Deposit” and collectively “Mobile Deposits”) to your checking, savings or money market accounts from home or other remote locations by using a mobile device with the Bank’s downloadable mobile application “Software” to capture images of paper checks and transmitting the images and associated deposit information to Bank or Bank’s designated processor (“Processor”).  You acknowledge and agree that Mobile Deposits made by you using this Service are not an “Electronic Fund Transfer” as that term is defined in Consumer Financial Protection Bureau Regulation E.  The terms “Bank” and “Processor” may be used interchangeably when used in relation to any services performed by a Processor on behalf of Bank including, but not limited to, the receipt and processing of images and check data and any notices related thereto.  The mobile device must capture an image of the front and back of each Check (as herein defined) to be deposited (each an “Image” and, if more than one, “Images”) in accordance with the procedures outlined in the Agreement and provided to you in the Service documentation, (“Procedures”).  After capture of the front and back Images and all other required data and information from the paper check, you will transmit, via the Internet, the Mobile Deposit containing the Images and all other required data and information from or pertaining to the check to Bank or Processor using the Software.  Subject to compliance with the terms, provisions and conditions of this Agreement, Bank will provisionally credit the account or accounts designated by you for the amount of the deposit(s) on the day of receipt of the Mobile Deposit and enter the Images of the checks into the collection process, in accordance with the provisions of Bank’s Deposit Account Agreement pertaining to the account(s) into which the Mobile Deposit is to be made and this Agreement.


  I agree to the above terms and conditions

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