Mobile Banking Enrollment Terms and Conditions

END USER TERMS

This service is provided to you by Ameris Bank and powered by a Third Party “Licensor” mobile technology solution. Section A of these End User Terms is a legal agreement between you and Ameris Bank. Section B of these End User Terms is a legal agreement between you and the Licensor.

SECTION A

AMERIS BANK TERMS AND CONDITIONS

  1. In addition to the Mobile Banking Enrollment Terms and Conditions, Mobile Banking services are also governed by the terms and conditions of the Consumer Online Banking Agreement or the Business Online Banking Agreement. During your enrollment process for Online banking, you agreed to these terms and conditions. To view a copy of the Consumer Online Banking Agreement or the Business Online Banking Agreement, please visit the Notices and Disclosures link at amerisbank.com.
  1. You are responsible for maintaining the security of your Mobile Device and any passwords, user names, and/or other types of security methods (“Access Codes”) you have created for the purpose of accessing Mobile Banking. You are responsible for all transactions you initiate or authorize using Mobile Banking.  If you allow any person to register a fingerprint in your Mobile Device or otherwise obtain or use your Mobile Device or Access Codes, you will have authorized that person to access your Accounts, and you agree that you are responsible for any transactions that person initiates or authorizes from your Accounts and will be bound by any agreement that person accepts or acknowledges electronically through Mobile Banking.  Notify us at once if the phone number for your Mobile Device is changed or service to your Mobile Device is terminated, or if you believe that your Mobile Device has been lost or destroyed, or if you believe that your Access Codes have been compromised, or that your Mobile Device or any of your Accounts have been accessed or used without your authorization, or if any periodic statement shows a transaction on an Account that you did not make, including any unauthorized transaction made via Mobile Banking by writing or calling to:
  • Ameris Bank, Attn: Electronic Banking, P.O. Box 3668, Moultrie, GA  31776
  • Phone: 616.6020
  • Or, send us a secure message using Online Banking
  1. AVAILABILITY OF REMOTE DEPOSIT SERVICES

Remote Deposit services are generally available for your checking, savings, and Money Market deposit accounts at Ameris Bank accessed using Online Banking.

A. Ameris Bank may, at our sole discretion, elect to delay enrollment of this service for accounts recently established or remove accounts from the service

B. Deposits are subject to daily and monthly maximum amounts which are subject to change. Notification is provided at the time of deposit.

  1. USER WARRANTIES AND INDEMNIFICATION FOR DEPOSITS MADE THROUGH MOBILE BANKING

You warrant to Ameris Bank that:

A. You will only transmit eligible items.

B. You will not transmit duplicate items.

C. You will not re-deposit or re-present the original item.

D. All information you provide to Ameris Bank is accurate and true.

E. You will comply with this Agreement and all applicable rules, laws, and regulations.

F. You are not aware of any factor which may impair the collectability of the item.

G. You agree to indemnify and hold harmless Ameris Bank from any loss for breach of this warranty provision.

 

  1. DISPOSAL OF TRANSMITTED (DEPOSITED) ITEMS

Upon receipt of a confirmation from Ameris Bank that we have accepted an image that you have transmitted, you agree to prominently mark the item as “Electronically Presented”, “VOID”, or otherwise render it incapable of further transmission, deposit, or presentment.  You agree never to re-present the item.  You agree to retain the check for at least 45 calendar days from the date of the image transmission.  After 45 days, you agree to destroy the check that you transmitted.  During the time the retained check is available, you agree to properly handle the check and upon request, promptly provide it to Ameris Bank.

  1. TEXT BANKING

A. The services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from Ameris Bank. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service.

The wireless carriers are not liable for delayed or undelivered messages. 

One text message per query.

Message and data rates may apply.

B. The services are provided by Ameris Bank and not by any other third party. You and Ameris Bank are solely responsible for the content transmitted through the text messages sent to and from Ameris Bank. You must provide source indication in any messages you send (e.g., mobile telephone number, “From” field in text message, etc.).

C. To enroll for Text Banking, follow the steps below:

1. Log in to Ameris Bank Consumer Online Banking. (You will first need to be enrolled for Consumer Online Banking if not already signed up.)

2. Access “Manage Mobile Banking Settings” from the Customer Service tab or the Quick Links menu.

3. The Mobile Banking Center will be presented. Select the link to “Enroll a Mobile Device” and follow the prompts from there to complete your Text Banking enrollment.

D. For help, text “HELP” to 79680. To cancel your plan, text “STOP” to 79680 at any time. In case of questions, please contact our Customer Care Center at 866.616.6020.

E. Supported Carriers: AT&T, T-Mobile, U.S. Cellular, Sprint, Verizon Wireless, MetroPCS and Cricket.

 

SECTION B

END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP

To be Agreed to by End User Prior to Use of the Downloadable App

  1. Ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider (“Licensor”) is the owner of all right, title and interest in and to the downloaded software to be used for access to Mobile Banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the “Software”).
  2. License Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
  3. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
  4. Disclaimer Warranty. THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON_INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
  5. Limitations of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR , THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
  6. U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
  7. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of California excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
  8. Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.

Revision Date:  September 9, 2016