State Savings Bank

Definitions for Mobile Deposit Agreement

Account means Customer’s account at The Bank into which Checks transmitted electronically will be deposited.

Account Agreement with respect to any Account means The Bank’s standard deposit agreements and disclosures governing the Account, as they may be amended from time to time.

Affiliate means, in relation to any person, any entity controlled, directly or indirectly, by the person, any entity that controls, directly or indirectly, the person or any entity directly or indirectly under common control with the person.  For this purpose, “control” of any entity means ownership of a majority of the voting power of the entity or person.

Authorized Equipment means equipment and hardware that has been established by The Bank for use with the Software.

Check means a draft that is payable on demand, drawn on or payable through or at an office of a United States Financial Institution, whether negotiable or not, and payable or endorsed to Customer, and includes Original Checks and Substitute Checks.  Such term does not include Non-cash items or items payable in a medium other than United States money.  Notwithstanding the foregoing, “Check” shall not include an Original check or Substitute Check issued by and drawn on the Customer or Affiliates of the Customer.  [Note: The Bank’s processing of items that do not meet this definition shall not constitute a waiver by The Bank or obligate it to process nonconforming items in the future.  The Bank may discontinue processing of nonconforming items at any time, without cause or prior notice.]

Consumer Information means any record about an individual, whether in paper, electronic, or other form, that is a consumer report or is derived from a consumer report.  Consumer Information also means a compilation of such records.  Consumer Information does not include information that does not identify individuals, such as aggregate information or blind data.

Documentation means all documentation, manuals and instructions relating to State Savings Bank Mobile Deposit or the Authorized Equipment, which The Bank provides to Customer from time-to-time pursuant to this Agreement, including without limitation documentation regarding installation and use of the Software.

Electronic Item means a digitized image of a Check, an Image Exchange Item, or any other electronic version of a Check or other electronic item (such as items processable through the automated clearinghouse (ACH) system) approved by The Bank for processing through State Savings Bank Mobile Deposit.

Image Exchange Item means a digitized image of a Check cleared and settled directly with a Payor Financial Institution without conversion to a Substitute Check.

Item means an instrument or a promise or order to pay money handled by a bank for collection or payment.  The term does not include a payment order governed by Article 4A or a credit or debit card slip.

Noncash Item means an item that would otherwise be a Check, except that: (i) a passbook, certificate or other document is attached; (ii) it is accompanied by special instructions, such as a request for special advice of payment or dishonor; (iii) it consists of more than a single thickness of paper, except a Check that qualifies for handling by automated check processing equipment; or (iv) it has not been preprinted or post-encoded in magnetic ink with the routing number of the Payor Financial Institution.

Original Check means the first paper Check issued with respect to a particular payment transaction.

Payor Financial Institution means the United States Financial Institution ordered in a Check to make payment to the payee(s) named on the Check.

Program means collectively the procedures, protocols, equipment and software used by The Bank and its licensors and contractors in connection with the electronic processing of Checks, and includes without limitation the Software and the Services, known as State Savings Bank Mobile Deposit.

Regulation CC means 12 C.F.R. Part 229, as it may be amended from time to time.

Remotely Created Check means a check that is not created by the paying bank and that does not bear a signature applied, or purported to be applied, by the person on whose account the check is drawn. 

Services means the services described in Exhibit B to be provided by The Bank, or an agent or designee of The Bank, to enable Customer to process Checks digitally and through Substitute Checks.

Software means that portion of the software developed, licensed and/or provided by The Bank and its licensors for operation of State Savings Bank Mobile Deposit, including, but not limited to devices, protocols, and other tools used to authenticate the identity of the Bank and its website as well as the Customers and its users, that The Bank delivers or provides to Customer hereunder.

Substitute Check means a paper reproduction of a Check that satisfies the requirements and definition of “substitute check” set forth in Regulation CC.

United States Financial Institution means (i) any person, located in the United States, engaged in the business of banking; (ii) a Federal Reserve Bank; (iii) a Federal Home Loan Bank; and (iv) to the extent it acts as a payor, the U.S. Treasury, the U. S. Postal Service, or a State or local government.

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