See applicable Mobile Banking and Mobile Remote Deposit Capture Services Terms and Conditions below. By Continuing and/or performing a check transmission, you confirm your agreement to all terms and conditions of the BANCORPSOUTH CUSTOMER AGREEMENT AND DISCLOSURE STATEMENT FOR ONLINE BANKING SERVICES found at www.bancorpsouth.com.
VII. GENERAL TERMS AND CONDITIONS FOR MOBILE BANKING SERVICES
7.1 SMS Banking
Terms and Conditions: BancorpSouth Bank
Thank you for using BancorpSouth Bank Mobile Banking combined with your handheld's text messaging capabilities. Message & Data rates may apply. For help, text "HELP" to 77542. To cancel, text "STOP" to 77542 at any time. In case of questions, please contact Customer Service at 888-797-7711 or visit www.bancorpsouth.com.
Terms and Conditions:
- Program: BancorpSouth Bank offers customers mobile access to their account information (e.g., for checking balances and last transactions) over SMS. Enrollment requires identification of the user's banking relationship as well as providing a mobile phone number. The mobile phone number's verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website. This program will be ongoing. Message & Data rates may apply. Customers will be allowed to opt out of this program at any time.
- Questions: You can contact us at 888-797-7711, or send a text message with the word "HELP" to this number: 77542. We can answer any questions you have about the program.
- To Stop the program: To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says "STOP" to this number: 77542. You'll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.
- Terms & Conditions: By participating in Mobile Banking, you are agreeing to the terms and conditions presented here.
- Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.
7.2 Description of Services
Mobile Banking is a personal financial information management service that allows you to access bank account information, make payments to merchants who have previously consented to accept payments through our Online Banking Service and make such other banking transactions as are fully described on our website (currently, www.bancorpsouth.com) using compatible and supported mobile phones and/or other compatible and supported wireless devices (including phones and tablets, “Wireless Devices”). We reserve the right to modify the scope of the Mobile Banking Services at any time. We reserve the right to refuse to make any transaction you request through Mobile Banking. You agree and understand that Mobile Banking may not be accessible or may have limited utility over some mobile networks, such as while roaming. All Services available in the Online Banking Service are not available in the Mobile Banking Service. The most up-to-date list of Services which you may be able to access through Mobile Banking is posted on the Mobile Banking registration and management website at www.bancorpsouth.com. When you register for Mobile Banking, designated accounts and payees (or billers) linked to your Login Information through Online Banking will be accessible through the Mobile Banking Service. The Mobile Remote Deposit Capture Service (MRDC) will also be available once registration is complete.
7.3 Use of Services
Mobile Banking will not work unless you use it properly. You accept responsibility for making sure you understand how to use Mobile Banking before you actually do so, and then that you always use Mobile Banking in accordance with the online instructions posted on our website. You also accept responsibility for the proper use of your Wireless Device and the Software. We may change or upgrade Mobile Banking from time to time. In the event of such changes or upgrades, you are responsible for making sure you understand how to use Mobile Banking as changed or upgraded. We will not be liable to you for any losses caused by your failure to properly use Mobile Banking or your Wireless Device.
7.4 Relationship to Other Agreements
You agree that when you use Mobile Banking, you will remain subject to the terms and conditions of all your existing agreements with us, our affiliates, and/or any unaffiliated service providers, including, but not limited to, your mobile service carrier or provider (e.g., AT&T, Verizon, Sprint, T-Mobile, Alltel, etc.), and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (for example, your mobile service carrier or provider may impose data usage or text message charges for your use of or interaction with Mobile Banking, including while downloading the Software, receiving or sending Mobile Banking text messages, or other use of your Wireless Device when using the Software or other products and services provided by Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service carrier or provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your carrier or provider directly without involving us. You also agree that if you have any problems with Mobile Banking, you will contact us directly at 1-888-797-7711 option 6.
7.5 Your Obligations
When you use Mobile Banking to access accounts you designate during the registration process, you agree to the following:
Account Ownership/Accurate Information - You represent that you are the legal owner of the accounts and other financial information which may be accessed via Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of operating Mobile Banking. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
User Conduct - You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: (a) 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; (b) 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; (c) 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); (d) be false, misleading or inaccurate; (e) 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; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Banking; (i) interfere with or disrupt the use of Mobile Banking by any other user; or (j) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.
Indemnification - Unless caused by our intentional misconduct or gross negligence, 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 attorney's fees) caused by or arising from your use of Mobile Banking, your violation of this Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
7.6 Charges for Services
You agree to pay for all Mobile Banking Services in accordance with our current fee schedule and as amended from time to time. The current fee schedule is outlined in the Account Information Statement and is available on our website. You authorize us to automatically charge your account for all such fees incurred in connection with Mobile Banking Services. In the future, we may add to or enhance the features of Mobile Banking. By using such added or enhanced features, you agree to pay for them in accordance with the fee schedule.
7.7 Mobile Banking Service Limitation
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. Neither we nor any of our service providers assume responsibility for the timeliness, deletion, misdelivery or failure to store any user data, communications or personalization settings in connection with your use of Mobile Banking.
Neither we nor any of our service providers assume responsibility for the operation, security, functionality or availability of any Wireless Device or mobile network which you utilize to access Mobile Banking.
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 in Mobile Banking reflects the most recent account information available through Mobile Banking, and may not be accurate or current. You agree that 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.
7.8 Changes or Cancellation
You may cancel your participation in Mobile Banking by calling us at 1-888-797-7711. We reserve the right to change or cancel Mobile Banking at any time without notice. We may also suspend your access to Mobile Banking at any time without notice and for any reason, including but not limited to, your non-use of Mobile Banking Services. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of Mobile Banking.
7.9 Third Party Beneficiary
You agree that our service providers (including any provider of Software) may rely upon your agreements and representations, in Sections 7.4 and 7.5 of this Agreement, above, and such service providers are, for the purposes of those sections, third party beneficiaries to this Agreement, with the power to enforce those provisions against you, as applicable.
VIII. GENERAL TERMS AND CONDITIONS FOR MOBILE REMOTE DEPOSIT CAPTURE SERVICES
Mobile Remote Deposit Capture (MRDC) is an optional service that provides you with a process to use certain Wireless Devices to electronically scan, capture the check image and transmit checks for deposit to a checking or savings account with us. The deposit account must be an Eligible Account selected for access in the Online Banking Service. The Mobile Remote Deposit Capture Services are subject to the terms and conditions set forth in this Agreement. You agree that no mobile remote deposit capture transaction is an “electronic funds transfer” as defined by the federal Electronic Funds Transfer Act and/or Regulation E of the Consumer Financial Protection Bureau. In the event of inconsistency between a provision of this Section and any of the Uniform Commercial Code, the Check 21 Act, the Federal Reserve Board’s Regulation CC, any other law, rule or regulation affecting the subject matter hereof, and including any clearinghouse agreements, operating circulars and any image exchange agreements to which the Bank is a party, or any other law or regulation which permits waiver or modification by agreement, to all of which you agree to be bound as governing the subject matter of this agreement and all of which is hereinafter referred to at times as the “Controlling Law”, then the provisions of this Section shall prevail.
Unless otherwise defined in this section, capitalized words or phrases shall have the meanings set forth in the Uniform Commercial Code and the Check 21 Act. The following capitalized words shall have the following respective meanings:
“Business Day” is every Monday through Friday, excluding Federal Reserve Bank holidays.
“Check 21 Act” shall mean the federal Check Clearing for the 21st Century Act and any federal regulations issued in furtherance thereof.
“Check Claim” shall mean any claim against BancorpSouth for loss, liability or expense (including the costs and expenses of investigating and defending against such claim and all reasonable attorney’s fees in connection therewith) resulting from or arising out of or in any way related to (whether directly or indirectly) any Check which has been captured as an image by you and transmitted by you to the Bank, including, but not limited to, any claim against the Bank with respect to any such Check under any Controlling Law.
“Unacceptable Check” shall mean any item which (a) is not a Check, (b) is a foreign check drawn on a non-U.S. bank, (c) is a Check payable to any person or entity other than you, (d) is a Check drawn on any account owned by you or on which you are an authorized signer, (e) any Check that is dated more than six months prior to the date of the mobile remote deposit submission, (f) any Check that is a money order, cashier’s check or traveler’s check, (g) any Check that is payable jointly unless the Check is being deposited to an Eligible Deposit Account in the name of all payees on the Check, (h) any check that is drawn on or otherwise issued by the United States Treasury Department, (i) any check that has previously been submitted as a direct bank deposit or as a mobile remote deposit either to us or another financial institution, (j) any Check that has any alteration or that you know or suspect, or should know or suspect, is fraudulent or otherwise not authorized by the owner of the account on which the Check is drawn, (k) any Check that is either a “substitute check” as defined in Reg CC or other federal law or regulation or an “image replacement document” that purports to be a substitute check, (l) any Check that has an endorsement other than specified in this agreement, (m) any Check that is prohibited by our then current procedures or is a violation of any law, rule or regulation, (n) any Check that is payable on sight or is payable through draft, as defined in Reg CC, or (o) due to its physical condition or other properties, yields (i) an incomplete image, (ii) an image failing to fully conform to the technical specifications required under Section 8.2, or (iii) an image failing to satisfy the requirements of Section 8.3.
8.2 Mobile Remote Capture and Transmission of Checks
You may capture electronic images of Checks and electronically transmit the same to the Bank for deposit in accordance with this Agreement.
8.3 Technical Specifications
Each Check captured and transmitted by you to BancorpSouth using MRDC must strictly comply with and meet, in our sole and absolute judgment, the standards and requirements of legibility that we establish from time to time. Check images must also comply with the applicable standards and requirements of the American National Standards Institute (ANSI), the Board of Governors of the Federal Reserve Board, and/or any other regulatory agency, clearinghouse or association. MRDC is currently only available on certain iPhone, iPad and Android Wireless Devices. Please refer to our website (www.bancorpsouth.com) for the most current Device information.
8.4 Change of Specifications
The technical specifications prescribed under Section 8.3 may be modified, superseded or replaced by BancorpSouth at any time without prior notice to customer.
Mobile deposit transactions made before 8:00 P.M. Central Time on Business Days are normally available within two Business Days. Transactions received after 8:00 P.M. or on any day which is not a Business Day shall be deemed received on the next Business Day. Your MRDC transmission is subject to normal deposit deadlines, image quality standards, etc., which will together determine whether or not a deposit will be posted to your account, as well as the amount and date of that transaction. The availability of your MRDC transaction may also be subject to factors such as creditworthiness, the length and extent of your relationship with us, transaction and experience information and such other factors we deem relevant, in our sole and absolute discretion.
8.6 Deposit Account(s)
All Checks captured and transmitted to BancorpSouth by you and accepted by us shall be deposited to your account as selected in Mobile Banking at the time of the MRDC request.
8.7 Transaction Limits
You shall not on any single day submit MRDC deposits greater than a single total daily limit of $3,000.00. The maximum amount you can deposit over a rolling 30-day time period is $15,000.00. We reserve the right to modify deposit limits or restrict the use of the MRDC service from time to time and with no notice to you. Exceptions to standard MRDC deposit limits may be granted by us based on factors such as creditworthiness, the length and extent of your relationship with us, transaction and experience information and such other factors we deem relevant, in our sole and absolute discretion.
You agree to pay for all MRDC Services in accordance with our current fee schedule and as amended from time to time. The current fee schedule is outlined in the Account Information Statement and is available on our website. You authorize us to automatically charge your account for all such fees incurred in connection with MRDC Services. In the future, we may add to or enhance the features of MRDC Services. By using such added or enhanced features, you agree to pay for them in accordance with the fee schedule. Check deposit fees (when applicable) may be avoided by making your deposit at any BancorpSouth location.
8.9 Rejection of Deposit Transactions
We may reject any MRDC transaction transmission which does not strictly comply with the technical specifications prescribed under Section 8.3 or which exceeds any transaction limit prescribed under Section 8.7. It shall be your sole responsibility to redeposit such rejected transaction. We shall have no liability for rejection of MRDC transactions. In the event of any dispute as to whether any transaction or any portion thereof complies with the technical specifications prescribed under Section 8.3, our determination as to compliance shall be final and conclusive.
8.10 Unacceptable Checks
You shall not capture and attempt to deposit images of Unacceptable Checks. MRDC transactions containing Unacceptable Checks may be rejected by us, in whole or in part, in our sole and absolute discretion. Unacceptable Checks, if acceptable for deposit at all, must be deposited by you by conventional means, preferably at a BancorpSouth branch or by certified, registered or otherwise traceable mail addressed to:
Mobile Remote Deposit
BancorpSouth Call Center
2910 W. Jackson St.
Tupelo, MS 38801
Such items must be endorsed and accompanied by a properly-completed deposit ticket, all in accordance with the separate terms and conditions governing the deposit account(s) identified in Section 8.6 above, as such terms and conditions may be amended by us from time to time. Any items received that are not accompanied by a completed deposit ticket will be returned to the customer. You agree not to send cash deposits to the above address. Deposits containing cash must be made by you at a BancorpSouth branch.
You acknowledge and agree that neither mere MRDC submission of a Check to us nor our acknowledgment of receipt of such transaction submission shall constitute deposit of any such Check. Instead, no Check MRDC transaction submitted to us shall be deemed to be deposited with us until the file containing such image has been imported, captured, and balanced by us on our image processing system. All deposits made by you pursuant to this Agreement are deemed made at Tupelo, Mississippi, and are governed by the separate terms and conditions governing the deposit account(s) identified in Section 8.6 above, as such terms and conditions may be amended by us from time to time.
8.12 Retention, Safeguarding and Destruction of Checks
You shall retain the originals of all Checks which you capture as images and transmit to us for not less than 30 days and shall make such originals available to us on demand. During the time that you retain the originals of Checks, you shall use care to protect such originals from unauthorized access in order to guard against theft and further negotiation, depositing, presentment for payment or imaging. At such time when you determine to no longer retain the originals of such Checks (whether at the end of the minimum retention period set forth above or any longer period), you shall destroy such Checks by a process which ensures that such Checks are rendered no longer readable or capable of reconstruction and which ensures that the safeguards set out above are observed in the destruction process.
All Check images submitted for deposit must contain the restrictive endorsement “For Deposit Only,” along with the Eligible Deposit Account number and your signature to endorse the check.
You agree to notify us immediately in the event you become aware of or suspect any errors in connection with your use of MRDC. We must hear from you no later than 60 days after we sent you the first statement on which the problem or error appeared. You may notify us at 1-888-797-7711 or by contacting us as provided in the Account Agreement governing your Eligible Deposit Account. The terms of your Eligible Deposit Account regarding your responsibility to timely review statements and transaction histories and to report errors and discrepancies remain in full force and effect and apply to transactions made through MRDC. You agree to fully cooperate with us and to assist us, and to provide such records and documentation as we may request, in the investigation, correction, and resolution of any errors or problems related to your use of MRDC.
8.15 Your Representations and Warranties to Us; Indemnification
The transmission of any image of a check to us shall constitute your assumption of all liabilities, indemnities, responsibilities and duties under Controlling Law, including, but not limited to, the Check 21 Act. When you use MRDC to transmit any check image to us, you represent and warrant to us that: (i) the check is not an Unacceptable Check, (ii) you are entitled to endorse the check, (iii) all signatures on the check are authentic and authorized, (iv) the check is not a counterfeit item, (v) the check has not been altered, (vi) the check is not subject to a defense or claim in recoupment of any party that can be asserted against you, (vii) you have no knowledge of any insolvency proceeding commenced with respect to you or the drawer of the check, (viii) the check, in the event of any dishonor or nonpayment by the drawee, is enforceable against both you and the drawer of the check, (ix) the check image transmitted by you to us contains an accurate representation of the front and the back of the check and otherwise complies with the requirements of MRDC (including, but not limited to, any endorsement requirements) , (x) you will neither create nor transmit through the Service any duplicate image of the check, nor will you deposit or otherwise negotiate the original check, (xi) no person or entity will be asked to make payment on the check more than once , (xii) neither we nor any subsequent transferees of the check or its image will sustain a loss as the result of the fact that an image of the check, instead of the original check, was accepted by us through the Service, presented for payment, or returned, (xiii) the image of the check contains no computer viruses or other harmful, intrusive, or invasive codes, (xiv) all information you have provided to us in connection with MRDC and the transaction is true, accurate, and current, and (xv) the transaction otherwise complies in all respects with your duties, obligations, and agreements under this Agreement. YOU AGREE TO INDEMNIFY US AND TO HOLD US HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, COSTS, SUITS, DAMAGES, CLAIMS, LIABILITIES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES) ARISING FROM OR RELATED IN ANY WAY TO YOUR BREACH OF THE FOREGOING REPRESENTATIONS AND WARRANTIES, YOUR USE OF MRDC, AND/OR OUR PROVISION OF MRDC TO YOU. YOUR AGREEMENT TO INDEMNIFY US AND HOLD US HARMLESS WILL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR ANY REASON.
Mobile Banking Terms and Conditions