Mobile Deposit Terms and Conditions

Mobile Deposit

The Mobile Deposit Service allows you to make deposits to your checking, savings, or money market savings accounts from home or other remote locations by scanning checks and delivering the images and associated deposit information to the Bank or Bank’s designated processor.

Limitations of Service. When using the Mobile Deposit Services, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. The Mobile Deposit Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Mobile Deposit Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you. If the Mobile Deposit Services are unavailable or you are not able to transmit items, you will need to deposit those items in person at a First Commonwealth Bank office.

Hardware and Software. In order to use the Mobile Deposit Service, you must obtain and maintain, at your expense, compatible hardware and software as specified by us from time to time. The Bank is not responsible for any third party software you may need to use the Mobile Deposit Service. Any such software is subject to the terms and conditions of the software agreement with the third party software provider.

Eligible Items. You agree to scan and deposit only "checks" as that term is defined in Federal Reserve Regulation CC ("Reg CC"). When the image of the check transmitted to the Bank is converted to an Image Replacement Document for subsequent presentment and collection, it shall thereafter be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code. We reserve the right to charge back to your account at any time any item that we subsequently determine was not an eligible item.

You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:

Money orders
Traveler’s checks
Savings bonds
Checks drawn on a financial institution located outside the United States, including, but not limited to, Canada
Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into
Checks containing an alteration on the check or item, 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
Checks payable jointly, unless deposited into an account in the name of all payees
Checks previously converted to a substitute check, as defined in Reg. CC.
Checks that are remotely created checks, as defined in Reg. CC.
Checks not payable in United States currency.
Checks dated more than 6 months prior to the date of deposit.
Checks or items prohibited by The Bank’s current procedures relating to the Services or which are otherwise not acceptable under the terms of your First Commonwealth account.
Checks payable on sight or payable through Drafts, as defined in Reg. CC.
Checks with any endorsement on the back other than that specified in this agreement.
Checks that have previously been submitted through the Service or through a remote deposit capture service offered at any other financial institution.
Checks or items that are drawn or otherwise issued by the U.S. Treasury Department

Deposit Process. You may forward only one (1) Check Image at a time for deposit and the Check Image must be accompanied by all requested deposit information that matches the information on the Check Image. Check Images must be properly payable to the Account Holder, contain the drawer’s signature, and be properly endorsed by the Account Holder as described under “Endorsements and Procedures.” You shall review checks to detect altered or counterfeit items and shall not deposit suspicious checks via the Service. You shall report suspicious checks to Bank for inspection. You agree to follow any and all other procedures and instructions for use of the Service that Bank may implement from time to time. If you do not satisfy the requirements for the deposit of an Eligible Check, Bank will have the right to put a hold on or return the nonconforming check.

Endorsements and Procedures. You agree to restrictively endorse any item transmitted through the Mobile Deposit Services as "For mobile deposit at First Commonwealth Bank only", followed by your signature. You agree to follow any and all other procedures and instructions for use of the Mobile Deposit Services as the Bank may establish from time to time.

Receipt of Items. We reserve the right to reject any item transmitted through the Mobile Deposit Services, at our discretion. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from The Bank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. We further reserve the right to charge back to your account at any time any item that we subsequently determine was not an eligible item. You agree that the Bank is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item. Any check returned unpaid for any reason will be debited from your Account. If an item is charged back, you will receive an image of the original check or a substitute check as the charged-back item.

Availability of Funds. You agree that items transmitted using the Service are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. Availability of Funds is outlined in the Deposit Agreement under the Funds Availability Policy section. The current Deposit Agreement can be found at fcbanking.com/regulatory-notices.

Disposal of Deposited Items. Upon confirming that the funds have been credited to your account you agree to prominently mark the item as "Electronically Presented" or "VOID" and you agree never to re-present the item. You agree that, 30 days after deposit, you will shred or otherwise securely dispose of the item to ensure that it is not re-presented for payment. During the time the retained check is available, you agree to keep it in a secure location and promptly provide it, or a sufficient copy of the front and back of the item, to the Bank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for the Bank's audit purposes.

Deposit Limits. All items deposited via the Mobile Deposit Service are subject to Bank review and/or approval. We reserve the right to impose limits on the amount(s) and/or number of items that you transmit using the Service and to modify such limits from time to time. If you attempt to use the Service to initiate a deposit in excess of these limits, we may reject your deposit. We may impose lower limits at any time and without advance notification.

Errors. You agree to follow our error notification process as outlined and defined in the Deposit Account Agreement governing your account.

Presentment. The manner in which the items are cleared, presented for payment and collected shall be in the Bank’s sole discretion subject to the Deposit Account Agreement governing your account.

Errors in Transmission. By using the Mobile Deposit Services you accept the risk that an item may be intercepted or misdirected during transmission. The Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.

Image Quality. The image of an item transmitted to the Bank using the Mobile Deposit Services must be legible, as determined in the sole discretion of the Bank. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by the Bank, American National Standards Institute (ANSI), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association. You acknowledge that Check Images that do not meet the standards for deposit utilizing the Service must be physically deposited at the Bank by you.

User Warranties and Indemnification. You warrant to the Bank that:

You will only transmit eligible items.
You will not transmit duplicate items.
You will not re-deposit or re-present the original item.
All information you provide to the Bank is accurate and true.
You will comply with this Agreement and all applicable rules, laws and regulations.
You are not aware of any factor which may impair the collectability of the item.
You agree to indemnify and hold harmless First Commonwealth Bank from any loss for breach of this warranty provision.

Ownership & License. You agree that the Bank retains all ownership and proprietary rights in the Mobile Deposit Services, associated content, technology, and website(s). Your use of the Mobile Deposit Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Mobile Deposit Services. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Mobile Deposit Services.

Cooperation with Investigations. You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Mobile Deposit Service in your possession and your records relating to such items and transmissions.

Service Cancellation, Termination, or Suspension by Us, and Other Remedies for Breach. If we have reason to believe that you have engaged in any of the prohibited activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site, and/or use of the Service for any reason and at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

Termination. We may terminate this Agreement at any time and for any reason. You can terminate this Agreement at any time by notifying us and discontinuing your use of the Services. This Agreement shall remain in full force and effect unless and until it is terminated by us or by you.

Assignment

You may not assign this Agreement to any other party. We may assign this Agreement to any future, directly or indirectly, affiliated company. We may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

Indemnification

You agree to protect and fully compensate First Commonwealth Bank and its respective affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney fees) caused by or arising from your use of the Service, your violation of the Terms or your infringement, or infringement by any other user of you have granted access to the Service, of any intellectual property or other rights of anyone.

No Waiver

We shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Captions

The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

Exclusions of Warranties

YOU AGREE YOUR USE OF THE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE

TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS, THEN THIS SECTION WILL CONTROL.

Limitations of Liability

YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE OR SITE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS ORTHE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED AND THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED.

YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF THE BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.

Amendment of this Agreement-Notices-Conflicts-Governing Law

We may change this Agreement by modifying any or all of its terms, or by adding new terms or removing some of its terms. For example, changes may include increases or decreases in the monthly fees payable under this Agreement, or the addition of new fees for other services offered under this Agreement. Unless we believe that immediate implementation of the change is necessary to protect the security or integrity of the Online Banking system, we will give you notification as required by law of any change.

Any use of Online Banking or any Service after the effective date of a notification of a change to the Service will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, services, and/or related material, which may render all prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates. In addition, as part of the Service, you agree to receive all legally required notifications by electronic means.

All notices we furnish to you may be sent by mail addressed to the last address shown in our records for you or presented to you by email to your email of record in Online Banking or to your Online Banking message box or upon login to the Service within the time frames required by the effective date of the notice and as required by state or federal law. Our notices will be deemed to have been given when deposited with the U.S. Postal Service or when made available to your email address or Online Banking message box or when first provided upon login unless we indicate within the notice a later effective date.

Except where this Agreement expressly provides for notice to another address or to notice by telephone, all notices you furnish to us shall be sent by mail addressed to us at First Commonwealth Bank, P.O. Box 400, Indiana, PA, 15701 or through the message system within the Service. Notice from any of you will be effective for everyone with power to give us a notice with regard to the affected Account. Your notices to us will be effective when we have had an opportunity to act upon the notice after it is received by us except as to situations in which this Agreement provides or contemplates an earlier effectiveness. For purposes of our receipt of notices, messages sent within the Service will be deemed received when we read them or at 12:00 p.m. Eastern Time on the Business Day following their receipt by our Online Banking message system, whichever is earlier.

If there is a conflict between the Deposit Agreements or the Credit Agreements and this Agreement with respect to the Service, this Agreement shall control.

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of law provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.

You agree that any legal action that may be filed by you elsewhere will be transferred to the appropriate court in Pennsylvania, if we decide we want it to be transferred.

Suspension and/or Termination of Service

We reserve the right to suspend or terminate your use of Service without prior notice to you. If your use is suspended or terminated, previously scheduled transfers may be cancelled or suspended.

If your Service is inactive for more than 90 days (meaning you have not logged-in to the Service for more than 90 days) we reserve the right to terminate your service without notice from the bank.

If either you or we close the Payment Account while there are any payments pending, this may cancel all payments scheduled to be made from that Account but will not terminate this Agreement as to other Accounts. We reserve the right to assign any open checking account in your name as the new Payment Account.

All other provisions of this Agreement shall remain in full force even if one or more provisions of this Agreement are held invalid, illegal, void or unenforceable by any rule or law, administrative order or judicial decision. You agree that this Agreement as made available by us online is controlling, and changes that you might attempt to make to it by modifying it after downloading it onto your Computer will not be effective for any purpose.

The Service or any feature or service under the Service may terminate or be suspended at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.