General Terms & Conditions
Please read the following Terms and Conditions carefully. They govern your access and use of this Digital Banking smart application (Service).
By accessing or using this service, you agree to be bound by these Terms and Conditions and accept them in full, as they may be modified by The Dolores State Bank (TDSB) from time-to-time and posted on this service.
Although TDSB attempts to provide accurate information, on the Service, it makes no representation, endorsement, or warranty that such contents are accurate or suitable for any particular purpose. The Service and its contents are provided on an "as is" basis. Use of the Service and its contents is at the users' sole risk and is provided without any representations, endorsements, or warranties of any kind whatsoever, either expressed or implied.
Finally, without limitation as to the foregoing, in no event will TDSB, contractors or their respective employees be liable for any damages, arising in connection with the use of the Service or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line system failure, loss of data or loss of use related to this Service or any service operated by any third party or any contents of this Service or any other service, even if TDSB is aware of the possibility of such damages.
Use of Service
Contents are included in this Service solely for the personal use of Service users. You may not copy (other than a copy for personal use), modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any of the contents of this Service without the prior written consent of TDSB, which may be withheld at its sole discretion.
Copyrights and Other Intellectual Property
Except where otherwise expressly noted or as noted below, all contents of this Service, including the graphics, icons and overall appearance of the Service, are the sole and exclusive property of TDSB.
Links to Other Services
TDSB may establish links between this Service and one or more services operated by third parties. TDSB has no control over any such other services or the contents therein. The existence of any such links shall not constitute an endorsement by TDSB of such services, the contents of the services, or the operators of the services.
TDSB may at any time make modifications, changes, and alterations to the contents of this Service, including these Terms and Conditions, without prior notice. You are responsible for regularly reviewing these Terms and Conditions. Your continued use of this Service following any modifications, changes, or alterations shall constitute your acceptance of such modifications, changes, or alterations.
These Terms and Conditions shall be governed by and construed in accordance with the law of the State of Colorado, without regard to the conflict of laws thereof, and to the laws of the United States.
Disputes arising from the use of this Service shall be exclusively subject to the jurisdiction of any federal or state court for Montezuma County, Colorado.
To the extent any portion of these Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions, as so modified, shall remain in full force and effect.
You may contact TDSB by E-mail or by phone:
Customer Specific General Terms and Conditions
General Description of Digital Banking Service Agreement
What Does This Agreement Cover
This Agreement between you and TDSB governs the use of Digital Banking services. These services permit TDSB customers to perform a number of banking functions on accounts linked to the Service through the use of a personal PC, mobile device or mobile smart telephone. Unless indicated otherwise by the context, "linked TDSB accounts" or "linked accounts" refers to all of your accounts with TDSB that you have linked to a Digital Banking solution.
Accepting the Agreement
When you use any of the Digital Banking services described in this Agreement, or authorize others to use them, you agree to the Terms and Conditions of the entire Agreement.
Relation to Other Agreements
Your use of Digital Banking services may also be affected by the agreements between us for your linked TDSB accounts. When you link an account to Digital Banking services, you do not change the agreements you already have with us for that account.
Digital Banking Services
- View current balance information
- Review available transactions
- View Bank Statements
- View branch locations
- View contact telephone numbers and additional contact details
- View account alerts and notifications
- View public information such as 'About Us'
- Perform basic services such as changing your digital password
- Transfer funds between your linked TDSB accounts on either a one-time or a recurring basis, including as a payment to a linked installment loan or mortgage
- Transfer funds from your linked TDSB accounts
- Remote Mobile Deposit Capture: Digital deposit endorsement required
- Transport: Send funds to a different bank
- Pay Someone: Send funds to someone else using email or mobile phone number
- Bill Pay: Pay bills and external payees as defined by the capabilities of the Digital bill pay services
Services may be added or removed from time to time. Some of the above services may not be available for certain accounts or customers.
Description of Digital Banking Services
Internal Account Transfers
Scheduled and Recurring Transfers
- Transfers scheduled for a weekend or a non-bank business day will be processed on the prior bank business day. All other scheduled and recurring transfers will be processed from the funding account at the beginning of the business day requested.
- Transfers to Loan Accounts
- Funds transferred as a payment to a line of credit, installment loan or mortgage account before the end of day MT will be credited on the date the payment is submitted. Transfer payments submitted after the end of day MT will be credited on the next business day's date.
- Transfers to Deposit Accounts
- Funds transferred to a TDSB deposit account prior to 4:00 p.m. MT on a business day will appear with the same day's date in the deposit account transaction history.
- Transfers to a TDSB checking account made after 4:00 p.m. MT will not be included in the balance we use to pay transactions that night. This process may impact when fees apply to your account.
- Please note, transfers to any deposit account on a Saturday, Sunday or bank holiday, will appear with our next business day's date in the deposit account transaction history.
- All transfers submitted to a deposit account (such as checking, savings, money market) are immediately reflected in the account's available balance.
Limitations and Dollar Amounts for Transfers and Payments
Transfers and Payments made using Digital Banking are subject to the following limitations:
- Bill payments can be for any amount between $1.00 and $9,999.99.
- One-time immediate transfers between TDSB accounts can be for any amount between $0.01 and $999,999.99.
- Transfers submitted to the accounts of other TDSB customers may not total more than $1,000 during any 24-hour period or $2,500 during any 7-day period. In addition, we may limit the total amount of money that any TDSB customer can receive through these transfers.
- Scheduled transfers between linked TDSB accounts can be for any amount between $0.01 and $99,999.99.
- Remote Deposit Capture item and deposits can be for any amount between $1.00 and $2,000.00 daily; $3,000.00 weekly and $12,000.00 monthly.
- Transport and Pay Someone deposits and payments can be for any amount between $10.00 and $500.00 with a daily maximum of $1,000.00 and weekly $2,000.00.
- Bill payments can be for any amount between $1.00 and $9,999.99.
- All transfer limits are subject to temporary reductions to protect the security of customer accounts and/or the transfer system.
- At TDSB’s discretion, we may refuse to process any transaction that exceeds any of the above limits. In this case, you are responsible for making alternate transfer arrangements.
Transfer/Payment Authorization and Sufficient Available Funds
- You authorize TDSB to withdraw, debit or charge the necessary funds from your designated account in order to complete all of your designated transfers and payments.
- You agree that you will instruct us to make a withdrawal only when a sufficient balance is or will be available in your account(s) at the time of the withdrawal.
- The completion of a transfer or payment is subject to the availability of sufficient funds (including any overdraft protection plans) at the time the transaction is posted. If enough funds to complete the transfer or payment are not available, we may either (i) complete the transaction and overdraw the account or (ii) refuse to complete the transaction. In either case, we may charge a non-sufficient funds (NSF), returned item, overdraft, or similar fee. Please refer to the applicable account agreement and fee schedule for details. If you schedule a payment from an account maintained at another financial institution and there are insufficient funds in that account, you may be charged a fee by that financial institution.
- At our option, we may make a further attempt to issue the payment or process the transfer request.
- TDSB is under no obligation to inform you if it does not complete a payment or transfer because there are non-sufficient funds or credit in your account to process the transaction. In this case, you are responsible for making alternate arrangements or rescheduling the payment or transfer.
Canceling Transfers and Payments
- In order to cancel a payment (including a payment you scheduled from an account maintained at another financial institution), you must sign into TDSB Online Banking and follow the directions provided on the Bill Pay screens. The cancel feature is found in the Payment History or Recurring Payments sections of the external Bill Pay website.
- You cannot cancel a 1-time immediate transfer after it has been submitted in Digital Banking and the information has been transmitted to us.
- Future-dated and recurring transfers can be canceled prior to 4:00 p.m. MT on the bank business day prior to the date the transfer is scheduled to be made. If the transfer's status is in Process or Processed, you can no longer cancel it. After you cancel a future-dated transfer, the status changes to Canceled. Canceled transfers remain under Review Transfers.
Mobile Deposit Agreement
The Mobile Deposit Service provides you the ability to access and make deposits to your designated eligible Accounts using a mobile device (such as a smartphone or tablet) with a camera (referred to herein as a “Capture Device,” as further defined below). The Mobile Deposit Service enables you to use a compatible Capture Device to scan an image of original paper checks (“Original Checks”) that are drawn on or payable through United States financial institutions (each a “Check Image”) and to electronically submit the Check Image and associated deposit information to TDSB from your home or other remote locations using the Mobile Deposit Service for deposit into a designated eligible Account for collection thereafter by TDSB. As used in this Agreement, a “Capture Device” means any device acceptable to us that provides for the capture of Check Images and for transmission through the clearing process. In order to utilize the Service, you must be enrolled in the Digital Banking Service. In addition, we reserve the right to refuse to allow any account to be linked to the Service.
Any Mobile Deposit submitted must have the proper endorsement. Proper endorsement should include your SIGNATURE, as well as FOR MOBILE DEPOSIT ONLY DSB. Improperly endorsed checks will be rejected.
Equipment and Software Requirements
To access the Mobile Deposit Service, you must have or acquire and maintain a compatible Capture Device and a wireless plan from a compatible wireless carrier. The Dolores State Bank will require access to your camera during the deposit process. In addition, you must be willing to accept email communication regarding Mobile Deposits on your mobile device. We do not guarantee your particular mobile device, mobile device camera, mobile device operating system, or mobile carrier will be compatible with the Service. You must also download the app through the Apple App Store for iPhone and iPad applications and the Google Play Store for Android operating system applications.
Deposit Limits and Presentment
You may scan and submit Check Images for deposit to TDSB within the dollar limits and other limits established by TDSB. Deposit limits for Mobile Deposits can be for any amount between $1.00 and $2,000 daily, $3,000 weekly and $12,000 monthly. TDSB may at any time at its sole discretion raise or lower deposit limits. The manner in which deposited items are cleared, presented for payment, and collected shall be at The Dolores State Bank’s sole discretion subject to the Deposit Account Agreement governing your Account(s).
Security of your Capture Device and Account Information
You are responsible for (i) maintaining the confidentiality and security of your Capture Devices, 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 (collectively, "Access Information"), and (ii) preventing unauthorized access to or use of the information, files or data that you store, transmit or use in or with the Service (collectively, "Account Information"). You agree not to supply your Access Information to anyone. Further, you agree to implement and maintain internal security controls to protect the Access Information, Capture Device, and Account Information thereon. You will be responsible for all electronic communications, including image transmissions, text message, 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. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Account Information or Access Information, including your Capture Devices. 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.
Eligible Checks and Items
You agree to scan and transmit 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 ("Eligible Checks"). If a check or item is dishonored, you will receive an image of the original check or a substitute check as the charged back item. You agree that the image of the check transmitted to us shall be deemed an "item" within the meaning of Articles 3 and 4 of the applicable Uniform Commercial Code. You also agree that no transaction using the Mobile Deposit Service is an “electronic funds transfer” as defined in the Electronic Funds Transfer Act and Regulation E.
You agree that you will NOT use the Service to scan and deposit any checks or other items shown below as these are ineligible for deposit via your mobile device:
- Checks or items payable to any person other than you;
- Checks payable to you and another party, unless deposited into a Mobile Deposit Account in the name of all payees;
- Checks that are illegible or otherwise do not meet the image quality requirements set forth below;
- Checks with unreadable magnetic ink character recognition ("MICR") information;
- Checks or items containing alteration(s) to any of the fields on the front of the check or item (including the 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;
- Checks or items previously converted to a substitute check, as defined by The Check Clearing for the 21st Century Act and its regulations (“Check 21”);
- Checks or items that are remotely created checks, as defined by Reg CC;
- Checks or items drawn on banks located outside the United States;
- Checks or items not payable in United States currency;
- Checks or items issued by the US Treasury or any other US federal agency;
- Money orders, cashier's checks, official checks, savings bonds, and traveler’s checks;
- Checks dated more than six (6) months prior to the date of deposit;
- Checks payable on sight or payable through drafts, as defined by Reg CC; and
- Checks with any endorsement on the back other than that specified in this Agreement.
You understand that TDSB is not obligated to accept for deposit any Check Image that TDSB in its sole discretion determines to be ineligible for the Mobile Deposit Service, and TDSB is not liable to you for rejecting any check or image transmitted by you. TDSB further reserves the right to charge back to your Account, at any time, any item that we subsequently determine was ineligible. You agree that TDSB is not liable for any loss, costs, or fees that you may incur as a result of our chargeback of an ineligible item. If you deposit any Check Image that is ineligible for the Mobile Deposit Service, you agree to indemnify and reimburse TDSB for, and hold TDSB harmless from and against, any and all losses, costs and expenses (including reasonable attorneys’ fees) TDSB may incur associated with any warranty, indemnity or other claim related thereto.
Deposit Cut off Times and Funds Availability
Mobile Deposits made Monday-Friday before 3:30 pm MT will be credited to your account by 4:30 on the same day. All other deposits will be credited to your account by 4:30 p.m. on our next business day. However, funds deposited via Mobile Deposit may be subject to longer delays under certain circumstances. In accordance with The Dolores State Bank’s (TDSB) Funds Availability Policy, deposits are subject to limits, verification, and other restrictions.
Receipt of Images; Rejection of Images
The Dolores State Bank reserves the right to reject any check or item transmitted through the Mobile Deposit Service, at our sole discretion, without liability to you. The Bank is not responsible for items we do not receive or for images that are dropped during transmission. The Dolores State Bank further reserves the right to charge back to your Account, at any time, any item we subsequently determine was not an eligible item. You agree the Bank is not liable for any loss, costs, or fees you may incur as a result of our chargeback of the ineligible item.
You are solely responsible for any checks or other items for which you have been given provisional credit, and any such check or other item which has been returned or rejected may be charged to your Account. You acknowledge that all credits for deposits made through the Mobile Deposit Service are provisional, subject to verification and final settlement.
Disposal of Transmitted Checks and Items
You shall fully destroy each Original Check in your Check Image deposit fourteen (14) business days following crediting of your Check Image deposit or as TDSB may otherwise instruct to ensure that it is not represented for payment. Prior to destruction, you shall maintain each Original Check in a secure location. You agree not to submit the item to TDSB or to any other person or entity for deposit or credit after the item has been submitted and accepted by TDSB or any other person or entity. During the time the retained check is available, you agree to promptly provide it to the Bank upon request. Following the expiration of the retention period, you agree to use a commercially reasonable method to destroy each Original Check. You are responsible if an Original Check is misused following submission by Check Image deposit and its full destruction.
Representation and Warranties
You make the following representations and warranties to us:
- You shall not alter any Original Check or Check Image and shall review the Check Image to ensure that it accurately represents all of the information on the front and the back of the Original Check at the time you scanned the Check Image.
- You are a person authorized to enforce each Original Check or are authorized to obtain payment of each Original check on behalf of a person authorized to enforce the item.
- Each Original Check bears all required and authorized endorsements and has not been altered.
- You shall submit to TDSB only Check Images that are eligible for processing, including, but not limited to, Check Images that are legible and contain machine-readable MICR data.
- You shall not submit to TDSB for deposit using Mobile Deposit Service any check that is payable jointly unless the check is being deposited into an Account in the name of all payees on the check.
- You will use the Mobile Deposit Service for lawful purposes only and in compliance with all applicable rules and regulations and our instructions, rules, and specifications.
- You shall destroy Original Checks as stated above.
- You will not use the Mobile Deposit Service to transmit or deposit any Original Check (i) payable to someone other than you; (ii) which you know or should have known to be fraudulent, altered, unauthorized, or missing a necessary endorsement; (iii) that is drawn on an institution located outside of the United States; or (iv) that is created by you purportedly on behalf of the maker, such as a remotely created check.
- You shall not deposit into your Account with TDSB or any other deposit taking institution, or otherwise negotiate or transfer to anyone, any Original Check that you submitted as a Check Image deposit to TDSB, unless following receipt of your submission, TDSB notifies you that the Check Image is ineligible and not accepted for deposit or that the Check Image or any Substitute Check created from the Image is refused by the financial institution upon which it is drawn.
- You shall use the Mobile Deposit Service only for your own use in accordance with the terms of this Agreement and all applicable laws and regulations. You shall not make the Mobile Deposit Service available or transfer your rights to use the Mobile Deposit Service for the benefit of any third party.
Other Terms and Conditions
Monthly Service Charge
Except as otherwise provided in this Agreement or your applicable account agreements and schedule of fees, there is no monthly service charge for accessing your linked accounts with the Digital Banking service.
In addition to the fees already described in this Agreement, you should note that depending on how you access Digital Banking you might incur charges for:
- Normal account fees and service charges.
- Purchase of computer programs such as Personal Financial Management (PFM) software.
- Payments or transfers made through Digital Banking services from a Savings or HIFI account may result in an excess transaction fee. See your Savings or HIFI account for details.
- Fees may be assessed for added self-service features available through Digital Banking customer service, such as check copy orders and account statement copy orders. For additional information, please see the applicable Deposit Agreement.
- An NSF-fee, returned item, or similar fee may also apply if you schedule payments or transfers and your available balance is not sufficient to process the transaction on the date scheduled or, in the case of a personal check, on the date when the check is presented to us for payment.
Digital Banking services are available 365 days a year and 24 hours a day, except during system maintenance and upgrades. When this occurs, a message will be displayed when you sign on to Digital Banking. Our customer service is available from 8:00 a.m. to 5:00 p.m. MT Monday thru Friday and 8:00 a.m. to 12:00 p.m. (Noon) Saturday. You may also contact us at:
Mail: The Dolores State Bank
101 South 6th Street
PO Box 848
Dolores, CO 81323
For Digital Banking services, our business days are Monday through Friday, excluding bank holidays.
Canceling Your Digital Banking
If you choose to cancel your Digital Banking services, any unprocessed payments will be canceled. We recommend that you cancel any scheduled payments prior to notifying us that you are discontinuing the service. TDSB will cancel any scheduled payments within two (2) bank business days from the date we receive your request to discontinue the service. If you close your primary checking account, or if it's no longer linked to your service, your Digital Banking service will end, and any unprocessed payments will be canceled. If you cancel your Digital Banking services, transfers outside TDSB will also be canceled.
When your Digital Banking service is linked to one or more joint accounts, we may act on the verbal, written or electronic instructions of any authorized signer. Joint accounts using the same Online ID will be identified as one service.
Changes to Agreement
We may change this agreement at any time. For example, we may add, delete or amend terms or services. We will notify you of such changes by mail or electronic message. If you initiate any transfer of funds or bill payment through your Digital Banking after the effective date of a change, you indicate your agreement to the change.
Your Digital Banking remains in effect until terminated by you or the TDSB. You may cancel your service at any time by notifying us of your intent to cancel in writing or by calling customer service at 970.882.7600. This cancellation applies to your Digital Banking services, and does not terminate your TDSB deposit or loan accounts. We recommend that you cancel any scheduled payments prior to notifying us that you are discontinuing the service.
We may terminate your participation in Digital Banking services for any reason, including inactivity, at any time. We will try to notify you in advance, but we are not obligated to do so.
Use of External Email Address
With Digital Banking services we may send messages to your external email address and notify you that responses to your payment inquiries or customer service inquiries are available, or as otherwise described within the Digital Banking services. If you subscribe to e-Bills service, we may also use external email to notify you that you have new bills. We cannot act on instructions sent by you from an external email address.
Contact by TDSB or Affiliated Parties
No TDSB or affiliated parties employee will contact you via email or phone requesting your Digital ID or Digital password. If you are contacted by anyone requesting this information, please contact us immediately.
Disclosure of Account Information
We may disclose information to third parties about you or your transactions in the following instances:
- When it's necessary for completing transfers or bill payments, or to investigate or resolve a problem related to a transfer or payment
- To comply with a government agency or court orders, or in connection with fraud prevention or an investigation
- If you give us your permission
- On a closed account, if we reasonably believe you have mishandled it
We report your Digital Banking transactions on the monthly statements for your linked accounts. A description of each transaction, including whom you paid, and the date and amount of the transaction will appear on your statement.
Limitation of Liability for Digital Banking Transactions
Tell us AT ONCE if you believe that your Digital Banking password has been lost, compromised or may have been discovered by a third party, your Mobile Device has been lost or stolen, someone has transferred or may transfer money from your Account without your permission, or any of your Accounts have been improperly accessed. Calling us immediately at 970-882-7600 is the best way to minimize your possible losses. The unauthorized use of your Digital Banking services could cause you to lose all of your money in your accounts.
You will have no liability for unauthorized transactions if you notify us within 60 days after the statement showing the unauthorized transaction has been made available to you. If you do not, you may not get back any of the money you lost from any unauthorized transaction that occurs after the close of the 60-day period, if we can show that we could have stopped the transaction if you had notified us in time.
When you give someone your Digital Banking ID and password, you are authorizing that person to use your service, and you are responsible for all transactions that person performs while using your service. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. If you notify us that the person is no longer authorized, then only transactions that person performs after the time you notify us are considered unauthorized.
Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.
For your protection, sign off after every Digital Banking session.
Our Liability for Failure to Complete Transactions
If we do not complete a transaction to or from your account on time, or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. For instance, we will not be liable:
- If, through no fault of ours, you don't have enough available funds in your account (or available funds under your overdraft protection plan), or credit to cover the transaction or transfer
- If Digital Banking services weren't working properly, and you knew about the malfunction when you started the transaction or transfer
- If circumstances beyond our control (such as fire or flood) prevented the transaction or transfer, despite reasonable precautions we've taken
- If there are postal delays or processing delays by the Payee
- There may be other exceptions not specifically mentioned.