Boulder County's Premier Community Bank
Flatirons Bank
 
Online Banking Agreement & Disclosure Statement
 
In this agreement, "we", "us" and "our" means Flatirons Bank and "you" and "your" means to each person or business entity who is authorized on this agreement. This agreement states the terms and conditions that apply when you use Flatirons Bank's Online Banking service. These terms and conditions are in addition to those that apply to any accounts you have with us or any other services you obtain from us. You must also follow all of our instructions and procedures applicable to the services covered by this agreement.
Identification Number & Password
To access our Online Banking service, you must use the user ID and other means of access we establish or provide for your Online Banking Customer Account, together with your own unique password. Anyone to whom you give your Online Banking user ID and password or other means of access will have full access to your accounts even if you attempt to limit that person's authority.
Online Banking Transactions
You, or someone you have authorized by giving them your Online Banking user ID and password or other means of access (even if that person exceeds your authority), can instruct us to perform the following transactions:

  • Make transfers between your qualifying accounts to the extent authorized;
  • Make transfers between your qualifying accounts at this institution and your qualifying accounts at other financial institutions to the extent authorized (for security purposes, transactions are limited to $5,000 per day);
  • Obtain account information that we make available about your qualifying accounts;
  • View account activity on your accessible accounts;
  • Review check images on accounts;
  • Enable use of Mobile Remote Deposit Capture Service on the Flatirons Bank Mobile Application to deposit checks from your mobile device into qualifying account(s) with Flatirons Bank. (Please refer to the section of this agreement entitled "Mobile Remote Deposit Capture Service Agreement" for full details on check and endorsement requirements, funds availability, and warranty requirements.)

A qualifying account requires you to be an owner of the account or an authorized signer merely designated to conduct transactions on the owner's behalf. We undertake no obligation to monitor transactions to determine that they are on the owner's behalf.
Limits on Online Banking Transactions
You must have sufficient available funds or credit in any account from which you instruct us to make a payment or transfer. If any of your qualifying accounts are money market savings accounts, certain types of withdrawals from those accounts, including payments and transfers (by phone or computer), are limited to a total of no more than six (6) in any monthly statement period. The types of withdrawals covered by this limitation are those made by means of pre-authorized or automatic transfers and payments, telephone transfers or internet transfers. The limitation also includes withdrawals made by check, draft, debit card purchases, or similar order payable to third parties. You also agree to the "Deposit Account Agreement and Disclosure" that you received when you opened your deposit account. In addition, we reserve the right, at our discretion, to suspend or deny use of any online banking service and to impose transactional or other limits on the use thereof.
Our Liability for Failure to Complete Transfers
If we do not complete a payment or transfer on time or in the correct amount according to our agreement with you, we will be liable for your losses only to the extent of the amount of payment or transfer that should have occurred, if we are unable to resolve the problem. However, there are exceptions. WE WILL NOT BE LIABLE:
1. If, through no fault of ours, you do not have enough available money in the account from which a payment or transfer is to be made, or if the account has been closed or is not in good standing, or if we reverse a payment or transfer because of insufficient funds.
2. If any payment or transfer would go over the credit limit or available collected funds balance of any account.
3. If your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction.
4. If you have not given us complete, correct, or current account numbers or other identifying information so that we can properly credit your account, another party’s account (personal or business), or otherwise complete the transaction.
5. If you do not properly follow our instructions or if you provide us with wrong or inaccurate information or fail to correct or tell us about any inaccuracy of which you are aware.
6. If you do not instruct us soon enough for your payment or transfer to be received, sent and/or debited or credited by the time it is due.
7. If the funds in the account from which a payment or transfer is to be made is subject to a legal process or any hold or block or other claim restricting the transaction or account.
8. If circumstances, such as but not limited to, computer, telephone line, or electrical failure, of nature, civil disturbances, suspension of banking hours or other such circumstances, or persons beyond our control prevent, delay, intercept, or alter the transaction, despite reasonable precautions that we have taken.
Business Days
Our Online Banking service is generally available 24 hours a day, 7 days a week. However, we only process transactions and update information on business days. Our business days are Monday through Friday. Transfers between Flatirons Bank accounts made after 4:00 p.m. MST will be processed on the next business day. Banking holidays are not included.
Mobile Remote Deposit Capture Service Agreement (MRDC)
Mobile Remote Deposit Capture Service ("Service") is designed to allow you to convert paper checks into electronic form and transmit those digital images and associated deposit information ("check images") to us electronically for deposit to your account(s) with your mobile device. (In this Section, the term "Check" shall refer to the original paper check, or the image of such paper item that you transmit to us, as the context requires.) The Checks will then either be collected electronically or reprinted as substitute paper checks ("Substitute Checks") or Image Replacement Documents ("IRDs"), as that term is defined in the Check Clearing for the 21st Century Act ("Check 21"), and implemented through Federal Reserve Regulation CC.
Limits
Mobile deposits are limited in amount to $10,000 per check. This amount is subject to change at any time, and exceptions may be made at the discretion of Flatirons Bank.
Fees
This Service is free to all Personal Account holders holding any checking, savings, and money market accounts. This Service is not available for Certificates of Deposits or Individual Retirement Accounts.
Using the Service
You agree to: (a) follow our Service instructions expressed within the mobile application for capturing and transmitting check images to us, as required by image quality standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house, or association; (b) scan and deposit only checks (i.e., drafts drawn on a credit union, savings and loan or bank and payable on demand); (c) properly endorse and additionally print "For Deposit Only to Flatirons Bank" on all deposited Checks; (d) view each Check as it is scanned to ensure that the check images (front and back) have been captured properly. Each image must provide all information on the front and back of the Check at the time presented to you by the drawer, including, but not limited to, information about the drawer, MICR information, signature(s), any required identification, and any endorsements applied to the back of the original Check. You will be liable for any loss that Flatirons Bank incurs from a delay or processing error resulting from an irregular endorsement or other markings by you. You agree to retain all information about your imaging of Checks and transmittal of check images for no less than seven (7) days. In the event of lost, mistaken, incomplete or unusable Checks or images, or in the event of claims of fraud, alteration, counterfeit otherwise, you agree to cooperate fully with us in providing relevant information, including access to such records.

It is your responsibility to exercise the highest possible degree of care and security for any original Checks in your possession. You agree that you will not attempt, directly or indirectly, to negotiate, deliver, transfer, or deposit any original Check (or copies of such Check, whether in paper or electronic form) more than once, whether with us and/or with any other financial institutions.
Certain Checks Not Permitted
You agree to use the Service to process the deposit of Checks only that are payable to you. Unless we specifically agree otherwise in writing, you may not use the Service to deposit: (a) Checks payable to a third party (i.e., payable to another party and then endorsed to you); (b) demand drafts or remotely created checks (i.e., checks lacking the original signature of the drawer); (c) Substitute Checks (i.e., paper checks created from an electronic image) other than Substitute Checks we have returned to you; (d) Checks that are irregular in any way (i.e., where the numerical and written amounts are different); (e) Checks that have previously been returned unpaid for any reason; (f) Checks that are postdated or more than six (6) months old; (g) Check drawn on a foreign bank or payable in foreign currency; (h) Checks payable to "Cash"; or (i) any Check that you suspect is fraudulent or not properly authorized. Our processing of any of the Checks described above shall not obligate us to continue this Service, and we reserve the right, at our discretion, to suspend or deny the use of this Service with or without cause or prior notice. If you process a previously truncated and reconverted Substitute Check through this Service, you will ensure that the identification of previous truncating and reconverting banks are preserved and that the Substitute Check meets the requirement for legal equivalency under Federal Reserve Regulation CC. We reserve the right to refuse any Check for deposit, with or without cause.
Your Representations
You agree to make the following representations and warranties with respect to each Check: (a) you have the legal right to accept the Check for deposit and negotiation; (b) the check images that you transmit accurately represent all of the information on the front and back of the original Check, including but not limited to all endorsements, at the time of transmission; (c) you have not taken any action that would obscure, alter, or impair the capture or transmission of information on the front or back of the Check or that otherwise may prevent us or another institution from capturing or processing such information appropriately; (d) the image of the Check as transmitted contains all endorsements applied by parties that previously handled the Check in any form or forward collection or return; (e) all warranties that would otherwise apply to the Check if it had been a paper item deposited with us; and (f) all encoding, transfer, presentment, and other warranties that we (or any correspondent bank we use) are deemed to provide to others (i.e., as a reconverting bank).
Hours of Operation
This Service may be used to transmit Check information 24 hours a day, seven (7) days a week, except when our system is unavailable due to necessary maintenance or system outages. Deposit information received on or after the 4:00pm MST cutoff time or on other than a Business Day may be deemed received by us as of the next Business Day. We are not responsible for the unavailability of the Service or any damages that may result from its unavailability. If the Service is not available for any reason or a Check cannot be processed by means of the Service, you may deposit your Checks directly at any of our branches during normal operation hours or through our ATMs or by mailing the original check to: Flatirons Bank, 1095 Canyon Blvd., Suite 100, Boulder, CO 80302.
Rejected Checks
If your Check information is incomplete or cannot be processed by us for any reason, we may reject the Check for deposit, notwithstanding any transmission confirmation that you receive, and may charge the amount back against any provisional credit to your account. We may notify you by email if we are unable to process a deposit made through this Service.
Returned Checks and Claims
If a Check or Substitute Check is return unpaid to us for any reason, we may return it to you in the form of a Substitute Check. If you decide to redeposit the returned item, you may only redeposit the Substitute Check; you may not deposit the original Check. If the drawee of a Check or another third party makes a claim against us or seeks a recredit with respect to any Check processed through this Service, we may provisionally freeze or hold aside a like amount in your account pending our investigation and resolution of the claim.
Indemnification
In addition to the other indemnification requirements set forth in this Agreement, you agree to indemnify, defend, and hold us and our affiliated companies harmless from and against any and all actions, proceedings, liabilities, losses, costs, attorney fees, and claims (including but not limited to warranty claims) that result from or arise in connection with: (a) any misuse of the Service by you, your employees, or agents; (b) your breach of this Agreement (including but not limited to any covenant, representation, or warranty); (c) actions by third parties (such as the introduction of a virus) that delay, alter, or corrupt the transmission of Check images to us; or (d) any claim by a recipient of a Substitute Check (or a Check in an electronic form) upon which the recipient incurred a loss due to: (i) the receipt of the Substitute Check (or a Check in an electronic form) instead of the original Check, or (ii) multiple payments with respect to the same original Check, based on any combination of the original Check, the Substitute Check, and/or a paper or electronic copy of either. This provision shall survive the termination of this Agreement.
Safekeeping and Destruction of Checks
It is your responsibility to adopt and maintain commercially reasonable security procedures in connection with the storage and destruction of original Checks and any copies of such Checks. You should retain the original paper checks for only that amount of time (but no fewer than seven (7) days) that you deem necessary, based on: (a) the risk of fraudulent duplicate presentments of the original Check or any paper or electronic copy thereof; (b) your personal needs; and (c) potential claims by recipients of Substitute Checks (or Checks in an electronic form) that they incurred a loss due to the receipt of a Substitute Check (or Check in an electronic form) instead of the original paper Check. After the end of your retention period, you agree to destroy (by shredding) the original Checks.