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To access the terms and conditions for the use of material found on our web site, please read the following documents:


DEPOSIT SCAN TERMS & CONDITIONS

General Terms:

As a participant (“you,” or “your”) in the Old Second Deposit Scan Service (this “Service”), these terms and conditions (“Service Terms”) and any other terms we furnish to you in connection with the Service becomes a part of your Terms and Conditions of Your Account (as may be amended or supplemented from time to time, the “Account Agreement”, and collectively referred to with the Service Terms as this “Agreement”) between you and Old Second National Bank (the “Bank,” “we,” “our,” or “us”). In the event of a conflict between the terms of these Service Terms and the terms of the Account Agreement, these Service Terms will govern. By clicking the “I agree to the terms and conditions” button below or by using or continuing to use the Service, you agree to the terms contained herein.

We may add, delete or amend terms and other provisions, service charges or other terms described in this Agreement. We will send written notice to you if required by applicable law. You agree that all notices or other communications we are required to provide to you may be sent to you bye‑mail messaging electronically or by regular mail, or we may post changed terms on our website. Please access and review the website regularly. Unless you terminate the Service before the effective date of the amendment, you are bound by any such change to this Agreement.

This Service will allow you to use your compatible document scanner (“Equipment”) to take a picture of the front and back of your paper check (“Item”) to be deposited with us. You must obtain and maintain, at your expense, compatible hardware and software as specified by us from time to time on the Service website. See http://www.oldsecond.com/O2-Deposit-Scan/O2-Deposit-Scan-FAQ.aspx for current hardware and software specifications.

O2 Deposit Scan Service:

The Service allows you to make certain deposits electronically by using a capture device to create an electronic image of an Item by scanning the Item and transmitting it and related data to us. You are solely responsible for the information or data that is transmitted. Before you create an electronic image of any Item, you shall properly endorse all Items and provide the legend -- “For Deposit Only, Old Second Account #________]”.

The images of qualifying Items you send us must be sufficiently inclusive and high quality to permit us to satisfy all pertinent requirements of the following: industry requirements established and updated by the ANSI or automated clearinghouse association, the Check 21 Act, 12 USC 5001, et seq.; all related laws or regulations and all other state or federal laws and regulations.

Handling and Storage of Items:

You agree that the electronic image of the Item or any substitute check, as defined by federal law, shall be the legal representation of the Item for all purposes, including returned items processing. The Bank may return or refuse to accept all or any part of your deposit to your account remitted through this Service at any time and will not be liable for doing so, even if this action causes outstanding checks or debits to your account to be dishonored or returned.

You agree that after the Item has been submitted for deposit, you will not otherwise transfer or negotiate the original Item, substitute check or any other image used for deposit again in any way, whether in person, electronically, or otherwise negotiated or transferred to another party. You also agree that none of the electronic Items submitted are duplicates of any original or electronic Item already submitted or paid by any depository bank, drawee, drawer, or endorser. Items submitted by you through this Service shall be original Items, payable to you in United States dollars and drawn on a United States bank.

You must retain the original Item in a secure environment that ensures confidentiality and integrity of the check information for at least 60 days after you transmit the electronic Item to the Bank. If requested, you agree to provide the original Item to the Bank. Only in the case of an image quality problem or other technical issues can a check be submitted for redeposit, and ONLY at the direction of the Bank. Upon expiration of this time period, you are responsible for preventing future negotiability of original Items by assuring that shredding, incinerating or other appropriate means properly and completely destroys them.

You acknowledge the Bank has a cut-off time as follows: Bank’s business days are Monday through Friday, excluding federal holidays. The Bank’s cut-off time for receipt of the electronic Items will be 7:00 pm CT. If the deposit is received after 7:00 pm CT, or on a day that is not a business day, we will consider the deposit received on the next business day. However, these deadlines will not apply if the Bank is prevented from processing due to Equipment or electronic failures or any other condition beyond reasonable control of the Bank. Bank will send a confirmation to you via the e-mail address provided indicating the electronic image of the deposited Item has been accepted for processing. However, receipt of the confirmation from us does not mean that the transmission was error‑free or complete. You understand and agree that funds from Items deposited under this Service are not subject to Federal Reserve Board Regulation CC (availability of funds). Our Funds Availability Disclosure does not apply when you transmit the electronic images of Items to us. Funds from deposits made through this Service generally will be available for withdrawals by within two (2) business days.

In the event Bank accepts a deposit to your account through this Service that does not comply with the provisions of this Agreement, such action will not constitute a waiver of the Bank’s deposit requirements. You acknowledge that acceptance of any such non-complying deposit does not obligate the Bank to accept future non-complying deposits.

Limitations and Fees of the Service:

The maximum amount of deposits for this Service for Level 1 will be $2,000 per day and $7,500 per calendar month. Level 1 customers using the 02 Mobile Deposit Service will also be limited to depositing 20 items per calendar month.

The maximum amount of deposits for Level 2 customers who utilize this Service will be $5,000 per day and $10,000 per calendar month. Level 2 users will be limited to depositing 40 items per calendar month.

A fee of $10 will be charged monthly for this Service. If you utilize this Service in conjunction with the Old Second Bank cash management system, a $20 monthly fee will be charged for the package.

All users will be charged a $1 per Item fee for any Item that is approved as an exception to exceed the number of monthly Items allowed. These fees will be charged to your account at the time of the excess deposit.

You will initially receive Level 1 service. Level 2 service is provided by your request and with Bank approval. You are responsible for all applicable fees and charges imposed by your Internet service provider, wireless provider, including any message or data rates. Bank may waive or amend any of these limitations at any time at its sole good faith discretion.

Duties and Responsibilities of Old Second:

The Bank will process electronic Items that you submit and the Bank receives through the Service. Electronic Items submitted by you through the Service in accordance with the Bank’s procedures and all state and federal laws, subject to the cut-off-time of 7:00 p.m. CT, will be processed on the same business day. Any electronic Items received after the cut-off-time of 7 p.m. CT or on a day that is not a business day, will be considered received on the next business day.

If the electronic files and/or images transmitted to us do not comply with our requirements, we may, in our sole discretion:

  1. Further transmit the Item and data in the form received form you;
  2. Repair or attempt to repair the Item and then further transmit it;
  3. Process the Item as photocopies in lieu of originals; or
  4. Return the data and Item to you unprocessed and not deposited to your account.

Representations and Warranties:

You represent and warrant to us that:

  1. Any image we receive accurately and legibly represents all of the information on the front and back of the original Item as originally drawn;
  2. Any image we receive is authentic and not counterfeit, forged, altered or fraudulent and is free of any liens or claims;
  3. The information you transmit to us corresponding to an Item contains a record of all applicable MICR-line information required for a substitute check and the accurate amount of the Item.
  4. You will not redeposit through this Service any Item previously deposited and returned to you unless we advise you otherwise;
  5. You will only transmit those Items that originated as paper checks;
  6. You are authorized to enforce each Item or are authorized to obtain payment of each Item on behalf of a person or party entitled to enforce an Item;
  7. The Item conforms to the technical standards for an electronic Item as set forth in Federal Reserve Board Regulation J and for a substitute check under Regulation CC, as specified by us from time to time;
  8. You will employ reasonable security measures and firewalls sufficient to protect transmission and storage of Items to ensure no unauthorized access or duplicate presentment; and
  9. You will comply with all laws and regulations applicable to you in use of the Service and not use the Service for any purpose prohibited by law;

Security

You are responsible for (i) maintaining the confidentiality and security of your Equipment, access number(s), password(s), security question(s) and answer(s), account number (s), login information, and any other security or access information, used by you to access the Service (together, "Security Credentials"), and (ii) preventing unauthorized access to or use of the information, files or data that you store, transmit or use in or with this Service (together, "Account Information"). You agree not to supply your Security Credentials to anyone.  We are authorized to act on transactions and other instructions received using your Security Credentials, and you agree that the use of your Security Credentials will have the same effect as your signature authorizing the transaction(s). You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Security Credentials. We reserve the right to deny you access to the Service (or any part thereof) if we believe that any loss, theft or unauthorized use of Security Credentials has occurred. If you believe someone may attempt to use or has used this Service without your permission, or that any other unauthorized use or security breach has occurred, you agree to immediately notify us at 630-966-2455 Monday through Friday from 6:30 a.m. CT to 5:30 p.m. CT.

Ownership and License

You agree that Bank retains all ownership and proprietary rights in the Service, associated content, and technology, and website(s). You agree not to copy, disassemble, decompile, or otherwise reverse engineer any part of the Service. You may use the Service only for your own benefit. 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 Service. In the event that you attempt to use, copy, license, sublicense, sell or otherwise convey or to disclose any other part of the Service, in any manner contrary to the terms of this Agreement, we shall have, in addition to any other remedies available to us, the right to injunctive relief enjoining such actions.

Disclaimer:

You understand that this Service is not error-free, is provided “as is”, and delays to processing of electronic image files produced and presented by you may occur from time to time. You acknowledges that Bank is not responsible for any failure of your Equipment to be compatible with this Service or for any failure of Equipment to properly process deposits. Bank has not made and makes no representations or warranties of any kind, either express or implied, including but not limited to any implied warranties of merchantability and fitness for a particular purpose title and non-infringement of proprietary rights concerning this Service, and the Bank specifically disclaims any and all representations and warranties to the fullest extent permitted by law.

Indemnity:

You agree to indemnify and hold harmless the Bank, our affiliates, officers, employees, and agents, from all losses, damages, and expenses, including reasonable attorney fees, resulting from your wrongful act or omissions, breach of any provision of this Agreement, including the representations and warranties made herein, breach of any applicable law or regulation, negligence or willful misconduct. You agree this indemnify provision shall survive the termination of this Agreement.

Limitation of Liability:

The Bank shall not be liable for any loss to you that is not the result of the Bank’s gross negligence or willful misconduct. In any event, you agree that we will not be liable for any direct, indirect, incidental, consequential, exemplary, punitive or special damages, including lost profits, arising from or related to any Equipment, software, browser and/or the installation or maintenance thereof to access or use of the Service; incompatibility of computer hardware or software, failure or unavailability of Internet access; problems with Internet service providers; problems or delays with intermediate communications networks or problems with data transmission facilities; or any other problems you experience due to causes beyond our control, regardless of the form of the action or theory of recovery, related in any way to your use of this Service even if we have been advised of the possibility of those damages.

Termination of Service:

Either party may terminate this Agreement on 30 days prior written notice to the other. If the Service has not been used for 90 days, you will be contacted via e-mail indicating that access to the Service will be removed unless contact or use is made within 30 days of the date of the e-mail notification.

We reserve the right to deny, suspend or revoke access to the Service immediately, in whole or in part, in our sole discretion, without notice, if we believe you are in breach of these Service Terms or this Agreement or another agreement related to your account with us, or are otherwise using or accessing the Services inconsistent with the terms and conditions hereof. Further, we have the right to suspend the Service immediately in the event of an emergency or in the event of acts or circumstances beyond our control.

General:

These Service Terms supplement the Account Agreement between you and the Bank. By accepting this Agreement and/or using this Service, you hereby acknowledge and understand the terms provided in this Agreement and additionally ratify and affirm all terms and conditions of the Account Agreement. It is also understood that acceptance by one account owner constitutes acceptance by all account owners.

This Agreement shall bind and benefit the Bank, your and their successors and assigns. You may not assign this Agreement without the Bank’s written consent. You and the Bank waive all rights to trial by jury in any litigation or other proceeding arising out of or relating to this Agreement. The Bank’s failure to enforce any right under this Agreement shall not constitute a waiver of any future rights or excuse your subsequent breach of the same obligation. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.