SYNOVUS MOBILE BANKING ADDENDUM (WITH ELECTRONIC FUNDS TRANSFER DISCLOSURES) TO SYNOVUS ONLINE BANKING AGREEMENT
This Synovus® Mobile Banking Addendum together with the Electronic Fund Transfer Act disclosures ("EFTA Disclosures") (collectively, the "Addendum") supplements the Synovus Online Banking Agreement, each as may be modified or amended from time to time. The Online Banking Agreement, as supplemented by this Addendum, governs your use of Synovus Bank’s mobile banking services ("Mobile Banking" or "Mobile Banking Service") described in this Addendum. By clicking on the “I Accept” button for this Addendum or by using the Mobile Banking Service, you agree to the terms of this Addendum and it becomes part of the Online Banking Agreement between you and Synovus. The Mobile Banking Service is a “Supplemental Service” for purposes of the Online Banking Agreement. Capitalized terms used but not defined in this Addendum have the meanings provided in the Online Banking Agreement. In the event of any inconsistency between the terms of the Online Banking Agreement and the terms of this Addendum, the terms of this Addendum shall control with respect to the Mobile Banking Service. Please read this Addendum carefully and keep a copy for your records.
1. The Mobile Banking Service. You are responsible for providing your own Wireless Device to access and use the Mobile Banking Service, and you are responsible for obtaining your own mobile communications service provider. You are responsible for all fees and charges that you might incur to any mobile communications service provider or any other third parties while using Mobile Banking. Our participating wireless carriers include: AT&T, Verizon Wireless, MetroPCS, SprintPCS, T-Mobile®, and U.S. Cellular®. You agree to use your Credentials (being your ID and Password) to perform the Mobile Banking Service using your mobile wireless device enrolled in Mobile Banking (a "Wireless Device"), as described below:
- To use the following features: (i) short message service ("SMS"); (ii) Wireless Application Protocol; (iii) iPhone and Android Downloadable Mobile Applications; and/or (iv) iPad tablet Downloadable Mobile Applications. A list of Wireless Devices and operating systems approved for Mobile Banking can be viewed on our bank website. We reserve the right to amend the list of Wireless Devices, at any time and from time to time, which can be used for the Mobile Banking Service, and any Supplemental Services.
- To pay bills directly from your checking Account to third parties whom you have selected in advance to receive payment through the Mobile Banking Service ("Payees") in the amounts and on the days you request.*
- To transfer funds between your designated Accounts.*
- To search for and locate Synovus Bank branches and ATMs.
- To receive balance and certain transaction information by electronic transmission of a visual display on selected Accounts owned by you.
- To receive alerts about Account information.
- To receive additional Supplemental Services through the Mobile Banking Service that we may offer from time to time.
*This Mobile Banking Service feature is not available for the SMS feature.
Not all features available through Synovus Online Banking are available through Mobile Banking.
Further to our rights under applicable law and our Deposit Account brochure, if any transaction made using the Mobile Banking Service is reversed after payment has been sent, or a payment is executed without sufficient funds in the Account, and we are unable to reverse the transaction or otherwise immediately recover such funds, you must pay to us the full amount of such transactions and any fees associated therewith. If you have any questions about the Mobile Banking Service, you can contact us at 1-888-SYNOVUS (1-888-796-6887) or send a text message with the word "HELP" to this number: 768265. We can answer any questions you have about the service.
2. Mobile Deposits Terms. See attached Mobile Banking Deposit Schedule below, which is hereby incorporated into this Addendum by this reference.
3. SMS Terms. The SMS Mobile Banking Service feature offers you mobile access to your account information (e.g., for checking balances and last transactions) over SMS, as well as the option to set up alerts for your accounts (e.g., low balance alerts). Enrollment requires identification of your Account(s) as well as providing the number of your Wireless Device. In order to verify your Wireless Device, you will receive an SMS message with a verification code which you will have to enter on the Synovus Online Banking website during the enrollment process for the Mobile Banking Service. You may select the type of alerts and other preferences which will determine, together with your Account data, the frequency of alerts delivered to you. If you use the Mobile Banking Service's SMS services, message and data rates from your Carrier may apply. For help or in case of questions, text "HELP" to 768265 or contact Synovus Customer Care at 1-888-SYNOVUS (1-888-796-6887). You may cancel the SMS feature at any time by texting "STOP" to 768265.
4. Wireless Device Software.
License. You are hereby granted a personal, limited, non-transferable, non-exclusive, non-sub licensable and non-assignable license ("License") to download, install and use software for the Wireless Device provided through Mobile Banking (the "Software") on your Wireless Device within the United States and its territories. In the event that you obtain a new or different Wireless Device, you will be required to delete the Software from the existing Wireless Device and download and install the Software to that new or different Wireless Device. You agree to promptly notify Synovus Online Banking Customer Care if you change Wireless Devices or get a new telephone number for your Wireless Device. This License shall be deemed revoked immediately upon (i) any termination of Mobile Banking in accordance with this Addendum; (ii) your deletion of the Software from your Wireless Device; or (iii) written notice to you at any time, with or without cause. In the event this License is revoked for any of the foregoing reasons, you agree to promptly delete the Software from your Wireless Device.
Proprietary Rights. You are permitted to use content delivered to you through Mobile Banking only on Mobile Banking. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any Mobile Banking technology, including, but not limited to, any Software or other mobile phone applications associated with Mobile Banking.
User Conduct. You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: (i) infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, including any rights in the Software; (ii) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity; (iii) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (iv) be false, misleading or inaccurate; (v) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (vi) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (vii) potentially be perceived as illegal, offensive or objectionable; (viii) interfere with or disrupt computer networks connected to Mobile Banking; (ix) interfere with or disrupt the use of Mobile Banking by any other user; or (x) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.
No Commercial Use or Re-Sale. You agree that the Mobile Banking Service is for personal use only. You agree not to resell or make commercial use of Mobile Banking.
5. Your Credentials. The Credentials you use for the Synovus Online Banking will be used to access the Mobile Banking Service and the same terms and conditions in the Online Banking Agreement apply. If you enroll more than one Wireless Device in the same Mobile Banking relationship, using a unique initialization code for the Wireless Device, you agree that each such Wireless Device will have full access to your Accounts via Mobile Banking, even if the user of the Wireless Device would not otherwise have access to your Accounts, whether through Synovus Online Banking or otherwise. You should not respond to SMS messages if they do not appear to have been sent from Mobile Banking. When you give someone your Credentials or Wireless Device, you are authorizing that person to use the Mobile Banking Service, and you are responsible for all transactions that person performs while using your Mobile Banking Service. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions. For your protection, log out after every use of the Mobile Banking Service and close your browser to ensure confidentiality.
6. Bill Payment Service. You may make individual payments from a checking Account through the Mobile Banking Service to any business, merchant, or professional that generates a bill or invoice for products or services provided to you or on your behalf and to individuals such as family or friends, and in each case the Payees must have an address (the "Bill Payment Service"). The Bill Payment Service is provided to you by CheckFree Services Corporation ("CheckFree") and is governed by and subject to the terms and conditions set forth in the Bill Pay Terms and Conditions ("Bill Pay Terms and Conditions”) that you must agree to (or have already agreed to) in order to enroll in and use the Bill Payment Service. You may electronically schedule payments and pay electronic bills using the Mobile Banking Service, as provided on your Wireless Device screen. Any single payment will be in an amount specified by you, but not less than $1.00 and not more than $35,000.00. You agree (i) to comply with said Bill Pay Terms and Conditions regarding bill payments utilizing the Mobile Banking Service; (ii) that CheckFree, and not Bank, is providing the Bill Payment Service; and (iii) that all of your rights and remedies regarding errors in connection with the Bill Payment Service or unauthorized payments shall be solely against CheckFree and not against Bank except as otherwise provided by applicable law or regulation.
7. P2P Service. In addition to the terms and conditions for the P2P Service set forth in the Online Banking Agreement payments sent through the Mobile Banking Service to an email address must be less than $100 per payment. Daily and monthly payment limits still apply. At our discretion we may refuse to process any payment that exceeds the above-limits. In the case of a refused payment, you are responsible for making alternative arrangements or rescheduling the payment or payments within the P2P Service.
8. Balance Inquiries and Transfers. You may use the Mobile Banking Service to check the balance of your Accounts that are deposit accounts, loan accounts, or credit card accounts. You may also transfer funds among your Accounts that are deposit accounts, from Accounts that are deposit accounts to Accounts that are loan accounts or credit card accounts, and between Accounts that are deposit accounts and home equity line of credit accounts. Your ability to make certain transfers from certain types of accounts may be limited by applicable federal law. You may view recent transactions, bill payments or funds transfers made using the Wireless Device. Account balances and transactions will be current as of the date and time you sign on to the Mobile Banking Service. The balance displayed by the Mobile Banking Service may include deposits still subject to verification by us. The balance shown also may differ from your records because it may not include deposits in progress, check card authorizations, outstanding checks, or other withdrawals, payments or charges. Fund transfers will be made available in accordance with Bank's policy (see Funds Availability Disclosure provided at Account opening). If there are insufficient funds in an Account from which you are requesting a fund transfer, the transfer will not be performed. If a transfer is performed and it is later determined that there were not sufficient funds to support the transfer, we may deduct such funds from any of your Accounts.
9. Liability for Failure to Complete Transactions. We will process and complete all transfers properly initiated through the Mobile Banking Service in accordance with the terms of this Addendum. If we do not complete a transfer to or from your Account on time or in the correct amount according to our agreement with you, subject to the terms of the Online Banking Agreement, we may be liable for your losses and damages. However, there are some exceptions. We will not be liable, for instance:
- If, through no fault of ours, you do not have enough money in your account to make the transfer (or the money in your account is subject to legal process or other encumbrance restricting such transfer).
- If the transfer would go over the credit limit on your overdraft line of credit (as available).
- If the Mobile Banking Service, your Wireless Device or the Software was not working properly and you knew about the breakdown when you started the transfer.
- In the event of any delay, interruption or error in transmission not the fault of Bank (including, without limitation, as a result of fault or failed transaction caused by any electronic communication network or wireless or telephone service provider).
- If a Payee mishandles or delays in handling payments sent by us.
- If you have not provided us with the correct Payee name, address, account information or payment amount or have not properly used the Service.
- If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
There may be other exceptions elsewhere in the Online Banking Agreement or in other agreement(s) with you.
10. Confirmation; Statements. You will receive a unique confirmation number for each transfer or bill payment received through the Mobile Banking Service. If you do not receive a confirmation number, you should retransmit your transfer or payment. Confirmation is of receipt only and not of acceptance or completion. All of your payments and fund transfers made through the Mobile Banking Service will appear on your periodic Account statement(s). The transaction type, Payee name, payment amount, and transaction date will be reflected for each payment made through the Mobile Banking Service. Although we may provide you with both paper and electronic statements for your deposit accounts, the paper statement(s) provided to you for your deposit account(s) will be your statement(s) of record unless and until we notify you otherwise. You are still responsible for reviewing all Account statements, whether delivered electronically or by mail, as they contain important information about your Accounts.
11. Fees. We may charge fees for the Mobile Banking Service in accordance with the Bank's Electronic Banking ServicesSchedule of Fees and Charges, and may deduct such fees and any other fees related thereto from your checking Account each month. Bank's failure to assess any charges or to assess charges in any specific amount does not waive Bank's right to increase or decrease the amount of charges later. Fees are reviewed periodically and are subject to change. You will be notified of any fee changes at least thirty (30) days prior to the change taking effect.
Under your Deposit Agreement and as required by law, you are limited to six transfers per calendar month or statement cycle from your savings account or money market account and you may be charged a fee for each transaction in excess of these limits. See your Deposit Agreement for additional details. As described below, certain transactions using the Mobile Banking Service will be subject to this 6-transfer limitation and fee for excess transactions.
• PAY BILLS DIRECTLY FROM YOUR MONEY MARKET ACCOUNT;
- TRANSFER FUNDS FROM YOUR SAVINGS OR MONEY MARKET ACCOUNT WITH US TO OTHER DESIGNATED ACCOUNTS WITH US OR TO YOUR ACCOUNTS WITH ANOTHER FINANCIAL INSTITUTION WITHIN THE U.S.; OR
- TRANSFER FUNDS FROM YOUR SAVINGS OR MONEY MARKET ACCOUNT WITH US TO ACCOUNTS WITH US HAVING ANOTHER INDIVIDUAL AS THE NAMED PRIMARY OR JOINT OWNER OR ACCOUNTS WITH A NON-BANK FINANCIAL INSTITUTION WITHIN THE U.S.
SUCH PAYMENTS AND/OR TRANSFERS WILL BE COUNTED TOWARD YOUR SIX TRANSFERS PER CALENDAR MONTH OR STATEMENT CYCLE LIMIT. THESE PAYMENT AND TRANSFERS ARE ADDED TOGETHER WITH TRANSFERS YOU MAKE OUTSIDE OF THE SERVICE FOR CALCULATING THE SIX TRANSFER LIMITATION. THESE PAYMENTS AND/OR TRANSFERS ARE SUBJECT TO FEES AND CHARGES FOR THE APPLICABLE SERVICE IN ADDITION TO REGULAR ACCOUNT FEES AND CHARGES FOR PAYMENTS AND/OR TRANSFERS. CUSTOMERS WHO CONTINUE TO EXCEED THESE LIMITS AFTER BEING CONTACTED BY BANK WILL HAVE THE APPLICABLE ACCOUNT CLOSED AND AN ACCOUNT OPENED FOR THE FUNDS WHICH IS ELIGIBLE FOR THE NUMBER OF PAYMENTS AND/OR TRANSFERS REQUESTED BY YOU, OR PREVENT OR TAKEAWAY YOUR PAYMENT AND TRANSFER CAPACITIES.
12. Equipment. Except as provided herein, we are not responsible for any loss, damage or injury whatsoever resulting from:
- An interruption in your wireless or telephone service;
- The disconnecting of your wireless or telephone service by your wireless or telephone service provider or from deficiencies in your connection quality; or
- Any defect or malfunction or misuse of your Wireless Device or the Software.
We are not responsible for any services relating to your Wireless Device or the Software other than those specified in this Addendum. Your mobile service carrier or provider is not the provider of any financial services available through Mobile Banking, and is not responsible for any of the materials, information, products, or services made available to you by us.
13. Mobile Banking Service Limitations. Neither we nor our service providers can always foresee or anticipate technical or other difficulties related to Mobile Banking. These difficulties may result in loss of data, personalization settings or other Mobile Banking interruptions. Except as provided in Section 9 of this Addendum above with respect to the Bank's liability for failures to complete transactions, (a) neither we nor any of our service providers assumes responsibility for the timeliness, deletion, mis-delivery or failure to store any user data, communications or personalization settings in connection with your use of Mobile Banking, (b) neither we nor any of our service providers assumes responsibility for the operation, security, functionality or availability of any Wireless Device or mobile network which you utilize to access Mobile Banking, and (c) neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon. You agree to exercise caution when utilizing the Mobile Banking application on your Wireless Device and to use good judgment and discretion when obtaining or transmitting information. Financial information shown on Mobile Banking reflects the most recent account information available through Mobile Banking, and may not be accurate or current. You acknowledge that your Wireless Device might become subject to tracking, “hacking”, or unauthorized viruses or malicious code, and that we are not responsible for monitoring or notifying you of the potential effect of any such malware. Your use of the Wireless Device for Mobile Banking is at your own risk.
14. Business Days; Service Hours. Our business days are Monday through Friday, except bank holidays. The Mobile Banking Service is available 24 hours a day, seven days a week, except during maintenance periods. All transactions are received and posted on Eastern Time, regardless of the time in your location or provided on your Wireless Device. All requests for transfers or payments received after 9 p.m. Eastern Time will be deemed received on the next business day. Credit Card transfers performed after 6 p.m. Eastern Time will be processed the next business day.
15. Your Liability for Unauthorized Transfers. Tell us AT ONCE if you believe your Credentials or Wireless Device has been lost or stolen or if you believe that an electronic fund transfer has been made without your permission using information from your check or otherwise. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Accounts (plus your maximum overdraft line of credit as available). If you tell us within 2 business days after you learn of the loss or theft of your Credentials or Wireless Device, you can lose no more than $50 if someone used your Credentials or Wireless Device without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your Credentials or Wireless Device, and we can prove we could have stopped someone from using your Credentials or Wireless Device without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers you did not make, including those made by your Credentials, Wireless Device or other means, tell us at once. If you do not tell us within 60 days after the statement was made available to you, you may not get back any money you lost after the 60 days 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 a hospital stay) kept you from telling us, we will extend the time periods.
16. Telephone Number and Address to be Notified in Event of Unauthorized Transfer. If you believe your Password or Wireless Device has been lost or stolen or that someone has transferred or may transfer money from your Account without your permission, call 1-888-SYNOVUS (1-888-796-6887)( or write to Synovus Bank, Attn: Customer Care, Post Office Box 120, Columbus, Georgia 31902. You should also call the number or write to the address if you believe a transfer has been made using the information from your check or other transaction information without your permission.
17. In Case of Errors or Questions About Your Electronic Transfers. Telephone us at 1-888-SYNOVUS (1-888-796-6887)(during customer service hours) or write us at Synovus Bank, Attn: Customer Care, Post Office Box 120, Columbus, Georgia 31902, and/or initiate a payment inquiry using the Service as soon as you can if you think your statement, receipt or confirmation is wrong, or if you need more information about a transfer listed on your statement, receipt or appearing on the account activity screen of your PC or a confirmation received through Mobile Banking. We must hear from you no later than 60 days after we made available to you the FIRST statement (or PC notification or Mobile Banking confirmation) in which the problem or error appeared.
- Tell us your name and account number (if any).
- The name of the Payee and confirmation number if a payment is in question.
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error (and the date if available).
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days (5 business days for Visa-branded Debit Card point-of-sale transactions processed by Visa and 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days for Visa-branded Debit Card point-of-sale transactions processed by Visa and 20 business days if the transfer involved a new account) 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.
Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.
We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of documents that we used in our investigation.
18. Information to Third Parties. We will disclose information to third parties about your account or the transfers you make: (a) where it is necessary for completing transfers, or (b) in order to verify the existence or condition of your Account for a third party, such as a credit bureau or merchant, or (c) in order to comply with governmental agency or court orders (or requests or as otherwise required by applicable law), or (d) if you give us your written permission, or (e) to service providers who perform Mobile Banking, Software, data processing, records management, collections and other services for us, in order that they may perform those services, (f) in order to make other financial products or services available to you, (g) in order to prevent or investigate possible illegal activity, or (h) in order to issue authorizations for transfers from your account.
In connection with the exercise of our rights under Sections 18 (a), (b), (e) and (f) of this Addendum, you acknowledge that in connection with your use of the Service, we and our affiliates and service providers 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 the Mobile Banking Service or Software (collectively "User Information"). We and our 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 the Mobile Banking Service 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. We and our affiliates and service providers also reserve the right to monitor use of the Mobile Banking Service and Software for purposes of verifying compliance with the law, these terms and conditions, and any applicable software license, but disclaim any obligation to monitor, filter, or edit any content. Your information will not be used for marketing purposes by any of these parties.
19. Acceptable Use of the Service. You agree to ensure that the Service and any software you may obtain from the Service ("Software") will not be used 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 the Service or 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 customers or subscribers; (iii) material or data, that is illegal, 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 any service provider involved in the provision of the Services; (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, knives, or weapons-related (e.g., firearms, bullets, or other regulated weapons), drugs-related (e.g., illegal drugs such as marijuana, cocaine or legal (controlled or prescription) drug devices and substances such as narcotics, steroids, or products that present a risk to consumer safety), drug paraphernalia, pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), that encourage, promote, facilitate or instruct others to engage in illegal activity, 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, cancelbots, 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 any service provider involved in providing the Services, or any other third party to liability; (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of any party; (ix) transactions that: (a) show the personal information of third parties in violation of applicable law; (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs; (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card; (d) are for the sale of certain items before the seller has control or possession of the item; (e) are by payment processors to collect payments on behalf of merchants; (f), are associated with the following Money Service Business activities: the sale of traveler's checks or money orders, currency exchanges or check cashing; or (g) provide certain credit repair or debt settlement services; (h) involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from us and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law; (x) collection agencies; or (xi) payees located outside the United States.
You agree that you shall not attempt to (a) access any Software or Service to which you have not been authorized; (b) use or attempt to use a third party's account; (c) interfere in any manner with the provision of the Services or Software, the security of the Services or Software, or other customers of the Services or Software; or (d) otherwise abuse the Services or Software.
20. Indemnification. In addition to your indemnification obligations under the Online Banking Agreement, unless caused by our intentional misconduct or gross negligence and except for our liability for failure to complete transactions as provided in Section 9 of this Addendum above, you agree to protect and fully compensate us and our affiliates and service providers from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your breach of the Online Banking Agreement or your infringement, or infringement by any other user of your account, of any intellectual property right of any service provider, supplier or other third party.
21. Entire Agreement. This Addendum, together with the Online Banking Agreement, and your Deposit Agreement is the complete and exclusive agreement between you and us related to the Mobile Banking Service and supplements any other agreement or disclosure related to your checking Account or other Accounts. The terms and conditions of any deposit account, rules and regulations, schedule, signature card, credit agreement, including any disclosures made pursuant to such agreements, or authority executed by or made available to you and any subsequent Addenda to any of the foregoing, are incorporated herein by reference. Credit agreements may include credit card agreements you have with us. However, if there is any conflict or inconsistency between the terms and conditions stated in the other agreements and those of this Addendum with respect to the subject matter hereof, the terms and conditions of this Addendum shall control to the extent of such conflict or inconsistency.
22. Waivers. No delay or omission by us in exercising any rights or remedies hereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise therefor or the exercise of any other right or remedy. No waiver shall be valid unless in writing signed by us.
23. Third Party Beneficiary. You agree that our service providers (including any provider of Software) may rely upon your agreements and representations, above, and such service providers are, for the purposes of those sections, third party beneficiaries to this Addendum, with the power to enforce those provisions against you, as applicable.
24. Cancellation of the Mobile Banking Service. To cancel your Mobile Banking Service click on the Mobile Banking tab within the Synovus Online Banking and de-register your device. To cancel the SMS services for your Mobile Banking Service. To cancel the SMS Service for your Mobile Banking Service, send a text "STOP" to 768265 at any time. In case of questions please contact Synovus Bank Customer Care at 1-888-SYNOVUS (1-888-796-6887).
25. Electronic Consent to the Mobile Banking Service. By clicking on the "I Accept" button below in the electronic version of this Addendum, you indicate your execution and acceptance of the electronic delivery of this Addendum and your authorization and informed consent to the delivery of electronic records for your Accounts as described in this Addendum. By executing this Addendum and accepting the terms and conditions of this Addendum, you represent and warrant that you are at least 18 years of age (19 years if you are an Alabama resident), and you are fully authorized to execute this Addendum for the Accounts.
SYNOVUS MOBILE BANKING DEPOSITS SCHEDULE
- This Mobile Banking Deposits Schedule, as same may be modified or amended from time to time (collectively, the "Schedule"), governs your use of the Mobile Banking Deposit Capture Service ("Mobile Deposits Service") described in this Schedule. By clicking “I “Accept” where indicated or using the Mobile Deposits Service, you agree to the terms of this Schedule. This Schedule amends and supplements your Online Banking Agreement (the "Online Banking Agreement") and the above Synovus Mobile Banking Addendum (the “Mobile Service Addendum”)(the Online Banking Agreement and Mobile Service Addendum are together referred to as the “Online Banking Agreement”) and is a part of the Online Banking Agreement as of the date accepted by you. The term "Supplemental Services" in the Online Banking Agreement includes this Mobile Deposits Service. Capitalized terms used but not defined in this Schedule have the meanings given in the Online Banking Agreement. In the event of any inconsistency between the terms of the Online Banking Agreement and the terms of this Schedule, the terms of this Schedule shall control with respect to the Mobile Deposits Service. Please read this Schedule carefully and keep a copy for your records.
- The Mobile Deposit Service. You may access the Mobile Deposits Service using your Wireless Device (as defined in the Online Banking Agreement) and our app to make images of checks payable to you (the “Checks”) and digitally transmit such images to Bank for deposit to your Account(s) with Bank. Your eligible Accounts (some or all of your Accounts might not be eligible for the Mobile Deposits Service) into which deposits may be made are designated by you through the Mobile Deposits Service. See the “Eligible Checks” section below for information regarding limits on the types of Checks that can be deposited using the Mobile Deposits Service. Please note that your Wireless Device carrier may charge you for your use of your Wireless Device in connection with the Mobile Deposits Service.
- Additional Limitations of Service. We provide the Mobile Deposits Service to you as a convenience, on an AS IS, AS AVAILABLE basis. You agree that we will have no liability or responsibility for any failure to detect duplicate Checks, fraudulent Checks or any errors in Checks or for verifying any dates or data, and, except as otherwise expressly set forth herein, that we shall disregard any restrictive notation of any kind. You might periodically experience technical or other difficulties when using the Mobile Deposits Service. We are not responsible for any difficulties or interruption to the Mobile Deposits Service you might experience or any damages you might suffer as a result thereof. We may change the qualifications for using the Mobile Deposits Service, or one or more of its features, in our sole discretion at any time without prior notice. We also reserve the right to change, suspend, or terminate the Mobile Deposits Service, in whole or in part, in our sole discretion at any time without prior notice to you.
- Transmission and Acceptance of Images; Image Quality. In order to deposit a Check using the Mobile Deposits Service, you must send us an image of both the front and back of each Check. A camera of at least two megapixels in resolution is required, and for iPad® users your iPad must be 3rd generation or later to complete a deposit using the Mobile Deposits Service. The front image must clearly display the entire MICR line. After capturing the images, you must visually examine them to make sure they are totally readable and verify and validate the total of the deposit. If the Check is torn or crumpled, or the photograph is not within the on-screen corners, not well-lit, does not contrast with the background, is blurry, or is not in focus we might not be able to process your deposit. You agree that the image quality of each Check must meet the requirements established from time to time by the American National Standards Institute (“ANSI”), the Board of Governors of the Federal Reserve Board, and any other regulatory agency, clearing house or association (“Check Standards”). You acknowledge that you are solely responsible for the quality, completeness, accuracy, validity, and integrity of each Check sent by you for deposit to your Account. If your Check Image does not meet the Standards or we otherwise determine that we cannot process a Check you send us (“Rejected Check”), then you may either re-image the Check and resubmit same for deposit to your Account or you may deposit the original of any such Rejected Check by another means. In no event shall we be obligated to process any imaged Check unless it meets the Standards and the image quality is acceptable to us, in our sole discretion, regardless of the number of times you may re-image and resubmit such re-imaged Check for deposit. We may, at our option and solely for our benefit, also perform a risk management analysis of Checks to detect potentially fraudulent checks and/or check for viruses and malware, and, in our sole discretion, reject any Check or file. Upon receipt of the Checks, we may examine the Checks to ensure they are not ineligible Checks and we may, in our sole discretion, reject and not accept the Check or elect to accept and process the Check.
- Eligible Checks. You agree the Checks you image and deposit shall only be checks made out to you and drawn on a U.S. financial institution. You also agree that when the image of the Check transmitted to 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.
You agree that you will not image and deposit any of the following types of checks or items using the Mobile Deposits Service (“Ineligible Checks”) and if you do so we may refuse or reverse the transaction:
- foreign checks (meaning checks drawn on financial institutions that reside outside the United States or its territories or that otherwise do not clear through the Federal Reserve System).
- any checks or items made payable to any person, company or party other than you.
- checks or items for business purposes (only checks for personal, household or family purposes may be deposited).
- checks or items payable jointly unless deposited to an account in the name of all joint payees.
- checks or items containing an alteration on the front of the item, or which you know or suspect, or should have known or suspected, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn.
- checks or items written on an account owned by you or on which you are a signor.
- checks that are remotely created as defined by Reg. CC or which are not in original form or are substitute checks.
- checks or items that are drawn or otherwise issued by the U.S. Treasury.
- cashier’s checks, teller’s checks, money orders, or traveler’s checks.
- checks or items that are stale-dated or more than six (6) months old.
- checks or items that are post-dated or future-dated.
- checks or items not payable is U.S. currency.
- checks or items which have been previously deposited in any manner (including use of the Mobile Deposits Service or other means).
- checks or items not endorsed as required by Bank.
- Endorsements. You agree to restrictively endorse any item transmitted through the Mobile Deposits Service as “For Mobile Deposit Only” with your signature on the back of the Check, or as might be instructed by Bank. You agree to follow any other and all instructions for use of the Mobile Deposits Service as Bank may establish from time to time. Failure to properly endorse the Check and/or follow the instructions and procedures for the Mobile Deposits Service might cause delay in processing the Check. If there is no endorsement and signature of the back of the Check it will not be accepted for deposit and/or will be returned.
- Location and Time of Deposit; Cut-Off Time and Deposit Limit. Checks shall be deemed received by us for deposit when actually received and accepted by us. In general, if an image of a Check, excluding an Ineligible Check, you transmit through the Service is received and accepted before 7 p.m. Eastern Time on a business day (the “Cut-off Time”), we consider that day to be the day of your deposit; otherwise, we will consider that the deposit was made on the next business day. We may, at our option, set daily, weekly and/or monthly dollar amount deposit thresholds (“Deposit Limits”), and may refuse to accept Checks that exceed the Deposit Limits, or we may accept and process the Checks, in our sole discretion. If we establish a Deposit Limit, you agree not to exceed the Deposit Limit. If we accept a deposit in excess of the Deposit Limit such deposit will still be subject to the terms of this Mobile Deposits Schedule. Our acceptance of Checks in excess of any Deposit Limits does not require us to accept Checks in excess of the Deposits Limits at a future time. We reserve the right to change the Deposit Limits and Cut-Off Time, in our sole discretion. Such modifications will be effective immediately and may be implemented prior to your receipt of notice of the newly established Deposit Limits or Cut-Off Time.
- Funds Availability. You agree that Checks transmitted using the Mobile Deposits Service are not subject to the funds availability requirements of Reg. CC. Funds deposited using the Mobile Deposits Service will generally be made available within three (3) business days from the day of deposit. We may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as Bank, in its sole discretion, deems relevant. In some cases, we may not make funds deposited using the Mobile Deposits Service available in accordance with this general policy. Should this occur, a communication will be sent to you informing you as to when your funds will be available. In the event we receive an item you transmit through the Mobile Deposits Service where we have reason to doubt the collectability of that item, we may delay the availability of funds for a reasonable period of time until the item is either paid or returned. In such cases, we will notify you of this action.
- Deposit Amount Limits. The limit on the amount of deposits you may make using the Mobile Deposits Service is determined by the average daily balance of your highest qualifying Account for the previous monthly statement period and the length of time you have had an Account open with us as hereinafter described.
- Your Representations and Warranties. By presenting a Check image to us for deposit, you represent and warrant to us that as of that date: (a) each Check is an “item” (as defined in Article 4 of the UCC) and is acceptable for deposit under the Account Agreement; (b) the Check contains a pre-printed serial number; (c) the Check is accurate, complete, and authentic; (d) the Check was completed and duly signed by the drawer, who is the drawer named on the Check; (e) the Check is a valid payment obligation to you; (f) that you have not endorsed the Check to any third party; (g) the Check is drawn on a bank or financial institution located in the United States and the drawer is a United States resident; (h) the Check amount is in the exact amount of the goods or services purchased; (i) the goods or services have been delivered to the drawer and have not been returned or disputed; (j) the Check has not been previously, imaged, scanned or otherwise submitted for deposit; (k) the Check does not contain computer viruses or other harmful, intrusive, or invasive codes; (l) the Check has been duly endorsed by you; and (m) that the Check is not an Ineligible Check. You agree to indemnify Bank for claims, losses or damages arising out of any breach by you of these representations and warranties. In addition, you make the same representations and warranties to us with regard to each Check transmitted by you through the Mobile Deposits Service pursuant to this Mobile Deposits Schedule as you would make under the UCC if you presented the original check or other item to us, rather than the Checks.
- Deposit Services. We will process for deposit the Checks you submit to us, subject to our rights with respect to Rejected Checks and Ineligible Checks and your compliance with the terms of this Mobile Deposits Schedule. No deposit is complete until we have notified you of our acceptance of your Check. Receipt of this confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your Account. Upon your receipt of confirmation from Bank through the Mobile Deposits Service that we have received an image of the Check you transmitted, you agree to safeguard the originals of such imaged Checks for at least thirty (30) days and thereafter to destroy the original of the deposited Check. During the time the original Check is held by you it shall be subject to review by us at any time. After destruction of the original Check, the image will be the only evidence of the Check. You agree to cooperate with Bank in the investigation of any unusual transactions, poor quality images, resolution of claims, including you providing, upon our request and at no cost to us, the original Check and copies of any documentation relating to your Checks and deposit transactions.
- Responsibility for Multiple Deposits of the Same Check. You acknowledge and agree that you will bear sole responsibility and liability in the event of multiple deposits of the same Checks, whether such multiple deposits are intentional or unintentional and whether resulting from fraud or for any other reason whatsoever, and whether such multiple deposits are made electronically or as paper checks with us or any other financial institution or any combination thereof. You agree that the aggregate amount of all such Checks which are deposited more than once shall be debited against your Account, and to the extent funds in your Account are insufficient to cover such amount, then any balance shall be debited by us against any of your other Accounts as determined by us, in our sole discretion. You further acknowledge that you are fully responsible for the original Checks which are imaged and deposited using the Mobile Deposits Service and that the liability to the maker of any Check so imaged which may result from your use of the Mobile Deposits Service or from the necessity of our printing substitute checks from the images thereof transmitted by you to us shall be solely your liability and that we shall have no liability whatsoever therefore. You agree that we have no liability or responsibility for any failure to detect a duplicate Check.
- Presentment of Checks. Unless otherwise agreed to in writing by us, we will, in our sole discretion, determine the manner in which Checks shall be presented for payment to the drawee bank. Likewise, we will, in our sole discretion, select the clearing agents used to collect and present the Checks and our selection of the clearing agents shall be considered to have been designated by you. We shall not be liable for the negligence of any clearing agent. You agree to be bound by any agreements entered into by and between us and any clearing agents and you agree to be bound by all clearinghouse Rules and Regulations, including, without limitation, Regulations of the Board of Governors of the Federal Reserve, Federal Reserve Customer Operating Circulars, and Rules of the National Item Exchange ANSI, or other clearinghouse association of which we might be a member or to which Rules we agree to, or are bound by.
- Physical Delivery. You agree that if for any reason you are not able to image and transmit Checks to us, including, without limitation, communications, equipment or software outages, interruptions or failures, you will be responsible for using other methods to deposit the original Checks. The deposit of original Checks at a Synovus location or ATM shall be governed by the terms and conditions contained in the Deposit Agreement and not by the terms of this Mobile Deposits Schedule.
- Returned Checks. We will process and return unpaid Checks in accordance with applicable laws and regulations and the Deposit Agreement. If Checks previously deposited are dishonored and returned unpaid by the drawee bank, you understand and agree that, since you either maintain the original Check or have destroyed the original Check in accordance with this Mobile Deposits Agreement, the original Check will not be returned and we may reverse the deposit of the Check to the designated Account to which the Check was deposited. We reserve the right to charge back to your Account at any time, any Check that was subsequently returned to us or that we subsequently determine was an Ineligible Check. You understand and agree that the image may be in the form of an electronic or paper reproduction of the original Check or a substitute check.
- Limitation of Liability. In addition to, and not in lieu of, the limitations of liability set forth elsewhere in the Online Banking Agreement, you agree that you shall remain liable for and that we shall not be accountable to you for any Check that is not received and accepted by us or is intercepted or altered by an unauthorized third party. You agree that we shall have no obligation to accept a Check and therefore may reject any Check you submit. We have no obligation to notify you of the rejection of any Check but will make reasonable efforts to do so. We shall have no liability to you for any Ineligible Checks, charging back to your Account for an Ineligible Check, the rejection of any Check, or for failure to notify you of a rejection. We are not responsible for detecting any errors contained in any Checks created by you and transmitted to us. We are not responsible for examining the Checks to verify any data or dates and will disregard any restrictive notation of any kind.
- Indemnity. In addition to, and not in lieu of, the indemnification provisions of the Online Banking Agreement, you agree to indemnify and hold Bank and its directors, officers, employees and agents harmless from all losses, liability, claims, demands, judgments and expenses (including attorney’s fees and expenses) arising out of or in any way connected with any of the following: your use of the Mobile Deposits Service, your negligence or willful misconduct, your breach or violation of any term, provision or representation contained herein, the multiple submission for deposit of imaged Checks using the Mobile Deposits Service, the submission of fraudulent items using the Mobile Deposits Service, any failure of your Wireless Device or the software or any disruption in the transmitting of any images or data by you to us, your failure to endorse any Checks electronically transmitted by you to us, your failure to destroy the originals of imaged Checks submitted by you using the Mobile Deposits Service within the time frame provided for, any misuse of the Wireless Device or the herein designated hardware or software by you or by any individual or entity acting on your behalf or within your control, or your failure to comply with any applicable federal and state statutes, rules and regulations in force pertaining to or regarding Mobile Deposits Services procedures for the Mobile Deposits Service or to the deposit of Checks in your Account.