Mobile Banking Services Agreement
This Mobile Banking Services Agreement ("Agreement") governs your use of the Mobile Banking Services (defined below) provided to you by Great Oaks Bank. Certain Mobile Banking Services are available only after you have separately applied for and been accepted for the service, as described below. For purposes of this Agreement, the terms “Great Oaks Bank,” “we,” “us” and “our” refer to Great Oaks Bank; the terms “you” and “your” refer to the customer signing below.
This document also includes Agreement for License and Use of the Downloadable Application, which you agree to when using any of our Mobile Banking Services.
This Agreement supplements and is part of the Deposit Account Terms and Conditions applicable to your Account (the “Account Agreement”). If a discrepancy or inconsistency were determined to exist between the terms and conditions and other provisions of this Agreement and your Account Agreement, then this Agreement shall control with respect to the Mobile Banking Services, but only to the extent necessary to address the discrepancy or inconsistency.
I. GENERAL TERMS AND CONDITIONS FOR ALL MOBILE BANKING SERVICES
A. Mobile Banking Services. This Agreement governs all of our Mobile Banking Services. For purposes of this Agreement, “Mobile Banking Services” means collectively all of the financial services that Great Oaks Bank makes available, and to which you have access, using a wireless handheld device such as a cell phone, personal digital assistant or tablet computer (each a "handheld"). Subject to your being approved for each service, Mobile Banking Services includes SMS text banking, mobile remote deposit, mobile web banking, and banking initiated by means of a downloadable application.
B. Other Governing Agreements. Your use of the Mobile Banking Services is subject to this Agreement and to the following, all of which are considered part of this Agreement:
- the Terms and Conditions of Use for the Great Oaks Bank internet website, www.greatoaks.bank (the "Website");
- the terms or instructions appearing on the Website and elsewhere when enrolling for, activating, accessing, or using the Mobile Banking Services;
- Great Oaks Bank’s rules, procedures and policies, as amended from time to time, that apply to the Mobile Banking Services or any account you maintain with Great Oaks Bank (each an "Account");
- the provisions of the Great Oaks Bank Online Banking Agreement;
- the then-current rules and regulations, if any, of any funds transfer system or payment system used in connection with any Account; and
- state and federal laws and regulations, as applicable.
- Mobile Deposits are not subject to Regulation CC (Availability of Funds and Collection of Checks) and may be held up to nine (9) business days.
In addition, each Account will continue to be subject to the Account Agreement as explained in the introduction to this Agreement.
II. SMS TEXT BANKING
This Section of this Agreement provides the terms for the use of our SMS Text services (“Text Banking”). To receive Text Banking, you must enroll for Text Banking. For help, text "HELP" to 44660. To cancel your plan, text "STOP" to 44660 at any time. In case of questions please contact customer service at (478) 374-4754.
Your Wireless Carrier. The SMS Text 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 Great Oaks 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.
III. AGREEMENT FOR LICENSE AND USE OF THE DOWNLOADABLE APPLICATION
A. Ownership. You acknowledge and agree that a third party provider or licensor to Great Oaks Bank ("Licensor") is the owner of all right, title and interest in and to the downloaded software to be used for access to the Mobile Banking Services from Great Oaks Bank 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").
B. Agreement. By accepting this agreement or using any of our Mobile Banking Services, you agree to the terms of these provisions governing this Agreement for License and Use of the Downloadable Application (the “License Agreement”).
C. License. Subject to the terms and conditions of this License Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this License Agreement. All rights not expressly granted to you by this License 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 License 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.
D. 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.
E. Disclaimer of 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-infringement. 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.
F. Limitation of Liability. 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.
G. 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 License Agreement.
H. Miscellaneous. This License Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This License Agreement will be governed by and construed in accordance with the laws of the state of Georgia, excluding that body of laws pertaining to conflict of laws. If any provision of this License 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 License Agreement are subject to the exclusive jurisdiction of the courts of Georgia and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this License 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.
I. 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.