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Manhattan Bank

Mobile Deposit Agreement

PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS BEFORE PROCEEDING:

This Mobile Deposit Agreement (“Agreement”) between you and Manhattan Bank contains the terms
and conditions governing your use of the Mobile Deposit capture services Manhattan Bank (“us” or
“we”) may provide to you. “Customer”, “you”, and “your” refer to each person and organization or legal
entity that enrolls in the Service and each person authorized to use a Service log‐in ID and password.   
Other agreements you have entered into with Manhattan Bank, including without limitation, the
Netteller Authorization Agreement, and Bill Pay Service Agreement, and the Deposit Account Agreement
and Disclosure, are incorporated herein by reference. Except as modified by this Agreement, all terms
and conditions in the Manhattan Bank Netteller Authorization Agreement and Bill Pay Service
Agreement remain in full force and effect. If there is a conflict with the Manhattan Bank Netteller
Authorization Agreement and Bill Pay Service Agreement (the “Agreement”) and this Agreement, this
Agreement shall control.  

To access Mobile Deposit you must be a Manhattan Bank customer, Netteller customer and Mobile
Banking customer. Netteller is our online banking product. If you are not a Netteller user, you should
first enroll by visiting the bank’s website www.manhattanbank.bank and by clicking on: Applications, Online Banking,
click on the Netteller Application. Print, sign and return the application to any of our locations.
By clicking the “I Agree” button, or use of the service, you agree to all the terms, conditions, and notices
contained or referenced in this Agreement. All references to time in this Agreement refer to Mountain
Time. Access to, and use of, the Mobile Banking Service is subject to all applicable federal, state, and local
laws and regulations.
 
  1. Services. The Mobile Deposit Services (“Services”) are designed to allow you to make deposits
    into certain accounts that are eligible to receive mobile check deposits (“Mobile Accounts”) by
    converting checks into an image by taking pictures of checks and delivering the images and
    associated deposit information to Manhattan Bank or Manhattan Bank’s designated processor
    via an application (the “App”) installed on your supported mobile device. The App is considered
    part of the Service. Use of the Service requires a web‐enabled mobile phone or device whose
    network allows secure SSL traffic and supports WAP browsers. The Mobile Deposit Service is made
    available to Manhattan Bank customers at the sole discretion of Manhattan Bank and may not
    be available to all Manhattan Bank customers.  
    a. Mobile Deposit. If you have signed up, and been approved, for Mobile Deposit Service,
    you will be allowed to deposit checks to Accounts with your mobile device. Some
    restrictions apply. See below for details.
    b. New Services. From time to time, we may develop additional features that will become
    part of the Mobile Banking Service. As such features are developed, you will have the
    opportunity to add them to your Mobile Banking Service, provided you have compatible
    hardware and software and meet any other eligibility requirements.
  2. Eligibility and Registration. To use the Service, you must have an open account with Manhattan
    Bank, register for Netteller Online Banking, and have a compatible Mobile Device. The Service is
    available after you have been a customer of Manhattan Bank for at least 90 days and we have
    not returned checks or other items that were drawn on your account for the past 6 months.
    Subject to Bank approval.
  3. Acceptance of these Terms. Your use of the Services constitutes your acceptance of this
    Agreement. This Agreement is subject to change from time to time. We will notify you of any
    material change via one or more of the following methods: an alert when you login to the Service,
    email, text message,  a link on our website to the revised Agreement or by an online
    secure message. Your continued use of the Services will indicate your consent to be bound by
    the revised Agreement. Further, Manhattan Bank reserves the right, in its sole discretion, to
    change, modify, add, or remove portions from the Services. Your continued use of the Services
    will indicate your acceptance of any such changes to the Services. 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 Access Information has occurred.
  4. Eligible Checks and Items. You agree to scan and deposit only “checks” as that term is defined in
    Federal Reserve Regulation CC (“Reg CC”) and only those checks that are permissible under this
    Agreement or such other items as we, in our sole discretion, elect to include under the Service.  
    You authorize us to process any image that you send us or convert any image to an Image
    Replacement Document (IRD) for subsequent presentment and collection. It shall thereafter be
    deemed an “item” within the meaning of Articles 3 and 4 of the applicable Uniform Commercial
    Code. You agree that you will not use the Service to scan and deposit any checks or other items
    as shown below:
    a. Checks or items payable to any person or entity other than you, or to you and
    another party;  
    b. Checks payable to any person or entity other than the person or entity that owns
    the account into which it is being deposited;
    c. Checks or items containing alteration to any of the fields on the front of the check or
    item (including MICR line), or which you know or suspect, or should know or
    suspect, are fraudulent or otherwise not authorized by the owner of the account on
    which the check or item is drawn;
    d. Checks or items previously converted to a substitute check, as defined in Reg CC;
    e. Checks or items drawn on a financial institution located outside of the United
    States;
    f. Checks or items that are remotely created checks, as defined in Reg CC, and checks
    that have previously been submitted through the Service or through a remote
    deposit capture service offered at any other financial institution;
    g. Checks or items not payable in United States currency;
    h. Checks or items dated more than 6 months prior to the date of deposit;
    i. Checks or items on which a stop payment order has been issued or for which there
    are insufficient funds;  
    j. Checks or items prohibited by our current procedures relating to the Service or
    which are otherwise not acceptable under the terms of your Mobile Account;
    k. Checks with any endorsement on the back other than that specified in this
    Agreement;
    l. Official Checks including money orders, traveler’s checks, postal money orders,
    cashier’s checks, certified checks, teller’s checks, and government checks;
    m. Insurance drafts;
    n. Credit card cash advance checks;
    o. Checks or items that are drawn or otherwise issued by the U.S. Treasury
    Department.
    Nothing in this Agreement should be construed as requiring Manhattan Bank to accept any
    check or item for deposit, even if Manhattan Bank has accepted that type of check or item
    previously. Nor shall Manhattan Bank be required to identify or reject any checks or items that
    you may scan and deposit that fail to meet the requirements of this Agreement.
  5. Security of Your Mobile Device and Account Information. You are responsible:  
    a. to maintain the confidentiality and security of your Mobile Devices, access number(s),
    password(s), security questions(s) and answer(s), account number(s), login information,
    and any other security or access information, used by you to access the Service
    (collectively, “Access Information”).
    b. to prevent unauthorized access to or use of information, files or data that you store,
    transmit or use in or with the Service (collectively, “Account Information”).  
    c. not to supply your Access Information to anyone.  
    d. for all electronic communications, including image transmissions, email and other data
    (“Communications”) entered using the Access Information. Any Communications
    received through the use of the Access Information will be deemed to be sent or
    authorized by you.  
    e. to immediately notify us if you become aware of any loss, theft or unauthorized use of
    any Access Information, including your Mobile Devices.  
    f. not to use any personally identifiable information when providing shortcuts or creating
    nicknames to your Accounts. You will not use account numbers in shortcuts or
    nicknames.  
    g. to implement and maintain the latest security‐related settings and updates on your
    Mobile Device and Cellphone (as applicable)
  6.  Image Quality. You are responsible for the image quality of any check that you transmit. The
    image of a check transmitted to Manhattan Bank using the Service must be legible. The image
    quality of the checks must comply with the standards established from time to time by any
    clearing house we use, agreement we have with respect to processing checks, or any higher
    standard set by us. You agree that we shall not be liable for any damages resulting from a
    check’s poor image quality, including those related to rejection of or the delayed or improper
    clearing of such a check, or from any inaccurate information you supply regarding the check. 
  7. Endorsements and Procedures. Before transmission, you agree to endorse any check or item
    transmitted through the Service by signing or as otherwise instructed by Manhattan Bank. You
    agree to follow any and all other procedures and instructions for use of the Service as we may
    establish from time to time. You agree to supply any information in your possession that we
    may request regarding a check or item deposited or attempted to be deposited through the
    Service.  
  8. Receipt of Checks and Items. We reserve the right to reject any check or item transmitted
    through the Service, at our discretion. We are not responsible for checks or items we do not
    receive in accordance with this Agreement or for images that are dropped or damaged during
    transmission. An image of a check or item shall be deemed received when you receive a
    confirmation from Manhattan Bank that we have received the image. Receipt of such
    confirmation does not mean that the transmission was error free, able to be processed or
    complete or that funds will be credited for that check or item.  
  9. Availability of Funds and Mobile Deposit Cutoff Time. In general, if an image of an item you
    transmit through the Service is received and accepted before our cutoff time for the Services,
    we consider that Business Day to be the day of your deposit. Otherwise, we will consider that
    the deposit was made on the next Business Day we are open. The cutoff time for Mobile
    Deposits is 5 PM MST. We will make funds available for checks and items received, accepted,
    and successfully processed through the Service according to our standard funds availability
    policy. Additional detail with respect to our Funds Availability Policy is located in the Deposit
    Account Agreement and Disclosure given at new account creation.  
  10. Business Day. A Business day is Monday through Friday, excluding Federal holidays.
  11. Disposal of Transmitted Checks and Items. Upon your receipt of confirmation from Manhattan
    Bank that we have received an image that you transmitted, you agree to retain the check for at
    least 30 business days from the date of the image transmission. After 30 days, you agree to
    destroy the check that you transmitted as an image, mark it “VOID”, or otherwise render it
    incapable of further transmission, deposit or presentment. During the time the check is
    available, you agree to promptly provide it to Manhattan Bank upon request. Shredding is the
    best method of destroying the check.
  12. Cooperation with Investigations. You agree to cooperate with us in the investigation of unusual
    transactions, poor quality transmissions, and resolution of customer claims, including by
    providing, upon request and without further cost, any originals or copies of items deposited
    through the Service in your possession and your records relating to such items and
    transmissions.  
  13. Deposit Limits. We reserve the right to impose limits on the account(s), amounts and/or
    number of deposits (over a period of time set by us) that you may transmit using the Service and
    to modify such limits from time to time. If you attempt to initiate a deposit in excess of these
    limits, such deposit will be subject to the terms of this Agreement, and we will not be obligated
    to allow such a deposit at other times. Currently, the standard limits are as follows:  
    a. The per day maximum amount is $2,500.
    b. The per month maximum amount is $5,000.
    c. Exceptions, may apply in pre‐approved situations.
  14. Fees for Mobile Deposit: There will be a convenience fee of $0.50 per item deposited. The fee
    will be charged to the account into which the item was deposited. 
  15. Presentment. The manner in which the checks and items are cleared, presented (or
    represented) for payment, and collected shall in Manhattan Bank’s sole discretion as set forth in
    the relevant deposit account agreement governing your Mobile Account.
  16. Account Statement Examination. All deposits made through Manhattan Bank Mobile Deposit
    Service shall be deemed to be correct, unless you notify Bank of any errors within 30 days after
    the applicable account statement is mailed or otherwise provided to you.  
  17. IRD Processing. Items may be transmitted for electronic processing by other banks or converted
    to IRDs (Image Replacement Documents) and transmitted to a printing facility for printing and
    clearing through traditional paper processing channels, at Manhattan Bank’s sole discretion. The IRDs will
    be created in accordance with Check 21. Alternatively, Manhattan Bank may process items as photocopies
    in lieu of originals, under guidelines that are consistent with applicable industry standards. Items
    that fail to satisfy your warranties made to Manhattan Bank, that fail to meet the requirements of Manhattan Bank or
    Check 21, or that are otherwise not able to be processed may be charged back to your account,
    returned to you, or both. You agree to be bound by any laws, rules and regulations that are
    applicable to Bank.
  18. Use of Your Geolocation. When you are submitting an image for processing through the
    Services, we reserve the right to, at our discretion, use your Mobile Device’s capabilities to
    obtain your geolocation for fraud prevention services. We may choose to capture either your
    current location or the last location stored on your Mobile Device.
  19. Warranties/Indemnity. You warrant to Manhattan Bank that:  
    a. You will only transmit eligible items;
    b. You will not transmit duplicate items;
    c. You will not deposit, redeposit or represent the original check with Manhattan Bank or
    any other party;
    d. You will comply with this Agreement and all applicable rules, laws and regulations;
    e. You are not aware of any factor which may impair the collectability of the item;
    You agree to indemnify and hold harmless Manhattan Bank from any loss for breach of this
    warranty provision or the terms of this Agreement.
  20. Changes to the Service. We reserve the right to terminate, modify, add and remove features
    from the Service at any time, at our sole discretion. You may reject changes by discontinuing use
    of the Service. Your continued use of the Service will constitute your acceptance of, and
    agreement to, such changes. Maintenance to the Service may be performed from time‐to‐time
    resulting in interrupted service, delays or errors in the Service and we shall have no liability for
    any such interruptions, delays or errors. Attempts to provide prior notice of scheduled
    maintenance will be made, be we cannot guarantee that such notice will be provided.
  21. Fees. You are responsible for paying the fees for use of the Service as Manhattan Bank may
    charge from time to time. Manhattan Bank may change the fees for the Services at any time.
    You authorize Manhattan Bank to deduct any such fees from the account into which you made
    the deposit.  
  22. Termination. We may terminate this Agreement at any time for any reason. This Agreement
    shall remain in full force and effect unless and until it is terminated by us. Without limiting the
    foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you
    use the Services for any unauthorized or illegal purposes or you use the Services in a manner
    inconsistent with the terms of any agreement you entered into with us.  
  23. Disclaimer of Warranties. You agree your use of the services and all information and content
    (including that of third parties) is at your risk and is provided on an “as is” and “as available”
    basis. We disclaim all warranties of any kind as to the use of the services, whether express or
    implied, including but not limited to the implied warranties of merchantability, fitness for a
    particular purpose and non‐infringement. We make no warranty that: (a) the Services will meet
    your requirements; (b) the Services will be uninterrupted, timely, secure, or error‐free; (c) the results that
    may be obtained from the Service will be accurate or reliable; and (d) any errors in the services
    or technology will be corrected.  
  24. Limitation of Liability. You agree that we will not be liable for any direct, indirect, incidental,
    special, consequential or exemplary damages, including, but not limited to, damages for loss of
    profits, goodwill, use, data or other losses resulting from the use or the inability to use the
    Services incurred by you or any third party arising from or related to the use of, inability to use,
    or the termination of the use of the Services. Regardless of the form of action or claim (whether
    contract, strict liability or otherwise), even if Manhattan Bank has been informed of the
    possibility thereof.  
  25. Indemnification. Unless caused by our intentional misconduct or negligence, you agree to
    indemnify, defend and hold harmless Bank, its affiliates, officers, directors, employees,
    consultants, agents, service providers, and licensors 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  
    (a) A third party claim, dispute, action, or allegation of infringement, misuse, or
    misappropriation based on your information, data or files, or otherwise in connection with
    your use of the service;
    (b) Your violation of any law or rights of a third party; or  
    (c) Your use, or use by a third party, of the Mobile Deposit Service.
  26. Contact Information. In case of questions about the Service, please contact us using the
    following information. Our representatives are available to assist you from 8:00 AM to 5:00 PM,
    Monday through Friday, excluding Federal holidays. Please do not send confidential information
    in email, such as account numbers. Note: email is not secure and you should not include account
    or confidential information.
       
    Manhattan Bank
    124 S Broadway
    Manhattan MT 59741
    Phone: 406‐284‐3255 or 855‐868‐6792
    E‐mail: Service@ManhattanBank.com

By clicking the “I Agree” button or use of the Service you agree to all the terms, conditions, and notices
contained or referenced in this Agreement.