Digital Services Agreement

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M&T Digital Services Agreement

This M&T Digital Services Agreement (the "Agreement") governs your use, access, and management of M&T's Digital Services as may be made available to you by M&T, including M&T Online Banking, M&T Online Banking for Business, M&T Online and Mobile Bill Pay (a component of M&T Online Banking), M&T Mobile Banking, M&T Mobile Banking for Business, M&T Mobile Deposit Service (collectively, the “Digital Services”). In addition to this Agreement, your enrollment and use of specific online and/or mobile-based products, services, and software, may be governed by the terms and conditions specific to each such product, service, or software.

For fee information, please refer to Section N of this Agreement for the Digital Services Fee Schedule. Not all products, services, software, or Digital Services may be available to you.

A summary of the most recent changes to the Digital Services Agreement can be found on mtb.com.

Preliminary General Provisions.
M&T Online Banking
Bank to Bank Transfers (Personal Accounts)
Online Check Search and Stop Payment
Statements and Notices Service
M&T Mobile Banking
M&T Mobile Deposit
Zelle® Service (for Personal Accounts)
Direct Connect
Alerts Service
M&T Money Smart Service (Personal Accounts)
M&T BizPay: ACH, Wire Transfers and Real-Time Payments Digital Services (Business Accounts)
General Provisions for Digital Services
Digital Services Fee Schedule

Preliminary General Provisions.

The following preliminary general provisions apply to all Digital Services, unless otherwise stated.
1. Definitions. In this Agreement, the following terms have the indicated meanings:
  "Administrator"
  
  means the individual who will act on a Business's behalf as the primary contact with M&T and who is authorized to give M&T Instructions about a Business's Eligible Accounts (and all means of accessing each account (e.g., debit card)) and Authorized Users.
  
  "Agreement"
  
  means this M&T Digital Services Agreement, including any addenda and riders, and also including any additional terms and conditions set forth on My Mortgage Info, which is available on the Digital Services platform, as they may be amended or modified from time to time.
  
  "Authorized User"
  
  means an individual granted authority by an Administrator to access and use the Digital Services on behalf of the Business.
  
  "Business"
  
  means a corporation, partnership, limited liability company, or other organization or sole proprietor whose Eligible Accounts are used primarily for business and commercial purposes.
  
  "Business Account"
  
  means an Eligible Account owned by a Business.
  
  "Business Day"
  
  means Monday through Friday, excluding federal holidays. Reference to time shall be to Eastern Time.
  
  "Card Data"
  
  means the personal identification number from an M&T card (e.g., M&T ATM card, M&T debit card) and the multi-digit card number associated with the card. Card Data may also include other information on the card.
  
  "Customer" or "you," "your," or "yours"
  means:
  1. each Consumer or Business who is an owner of an Eligible Account or select other relationships that are accessible through the Digital Services; and
  2. any Administrator authorized to use a Digital Service on behalf of a business.
  "Damages"
  
  means any claim, suit, expense, loss, liability or cost of any nature including, but not limited to, attorneys' fees and expenses.
  
  "Digital Services" or “Digital Banking”
  
  means the financial services and products and the functions available now or in the future to the Customer through online, mobile or any other digital channel that we may support now or in the future. Please refer to the Agreement's introductory paragraph for further information on the definition of Digital Services. The term "Digital Service" is a generic reference to a service offered under this Agreement. Not all electronic services offered by M&T are part of the Digital Services or are covered by this Agreement (refer to Section M30(f) for more information).
  
  "Electronic Documents"
  
  means the account and loan statements, notices (e.g., NSF notices, IRA and certificate of deposit renewal or maturity notices), disclosures (e.g., deposit account related change-in-terms notices) and other communications, documents or materials for specified types of Eligible Accounts and services that we may make available electronically, now or in the future, through the electronic Statements and Notices service.
  
  "Eligible Account"
  
  means M&T deposit account, loan account, line of credit, mortgage, IRA, credit card, overdraft protection plan account and other product or service the Customer may maintain with us that is identified with that Customer's Social Security number or Taxpayer Identification number and which is accessible through M&T's Digital Services.
  
  "Guide(s)"
  
  means all documentation, brochures, guides, and information in any format (including help screens, contextual help, FAQs, instructions, demos and tutorials), as amended from time to time, provided or made available to Customer by us regarding the Digital Services and their use.
  
  "Instruction"
  
  means any transaction, transfer, loan advance, payment order or other request or instruction delivered to us via, or in connection with, the Digital Services.
  
  "Mobile Device"
  
  means a mobile phone, tablet or other electronic equipment which connects to the Internet either through wi-fi or through a data plan furnished by a cellular carrier, and which contains an operating system, data plan, software and hardware supported by us now or in the future. A list of the supported Mobile Devices' specifications can be found at mtb.com/olb-systemrequirements.
  
  "Mortgage Account"
  
  means an Eligible Account secured by a lien on real estate (e.g., a mortgage or deed of trust) on a 1-6-family residential property or a mixed-use property. A Mortgage Account includes a closed-end mortgage loan and a home equity loan and does not include a home equity line of credit.
  
  "M&T Mobile" or "M&T Mobile Banking"
  
  means the mobile banking service that enables Customer to access certain financial services and products, and the functions now, or in the future, offered in the M&T Online Banking service, using a Mobile Device. Not all Eligible Accounts or financial services and products are accessible or available through M&T Mobile.
  
  "M&T Mobile Deposit"
  
  means the mobile banking service that enables select Customers to deposit checks to a selected deposit account in M&T Online Banking using M&T's application on their Mobile Devices. The M&T Mobile Deposit service is also referred to as MDS in the Agreement.
  
  "M&T Online Banking services"
  
  means the financial services and products, and the functions available now or in the future in standard online banking (e.g., the ability to view balances, make internal transfers, check image and statement view, bill pay service, and the ability to pay M&T loans). The term M&T Online Banking services includes both M&T Online Banking and M&T Online Banking for Business.
  
  "Personal Account"
  
  means an Eligible Account owned by a natural person that is used primarily for personal, family or household purposes. A Personal Account may also be referred to as a "Consumer Account." The term "Consumer" means a natural person. The term Consumer does not mean a natural person as a representative or owner of a Business Account.
  
  "Statements and Notices service"
  
  means the Digital Services that makes Electronic Documents available to the Customer for viewing, printing and downloading, rather than in paper form. This service may also be referred to as Online Statements and Notices.
  
  "We," "us," "our," "M&T" and "M&T Bank"
  
  mean M&T Bank or our subsidiary or affiliate that holds Customer's Eligible Account or other financial product or service that Customer can access through the Digital Services.
  
  "Website" or "Site"
  
  means any current or future Internet website that M&T makes available to you, and all related web pages or renderings, for offering the Digital Services.
  Definitions of other capitalized terms can be found throughout the Agreement.
2. Accepting This Agreement. When you or anyone you authorize agrees to this Agreement or enrolls in or uses a Digital Service, you agree to the introduction, “Preliminary General Provisions”, “General Provisions for Digital Services”, and (as applicable based on the Digital Services in which you enroll in and/or which you use) the “Digital Services Fee Schedule” within the Agreement as in effect at that time, any addendum to the prior noted sections, as well as those sections of the agreement or addendum that pertain to Digital Services that you are enrolled in or are utilizing. Additionally, by use of any Digital Service, you are also agreeing to the terms of Section J pertaining to Security Alerts.
  The terms of this Agreement are subject to the terms, instructions and other information appearing in the Guides. However, this Agreement will control if there are any irreconcilable conflicts between the terms of the Guides and this Agreement.
3. Eligible Accounts. Access to the Digital Services requires that you have at least one Eligible Account with us that, according to our records, is identified with your Social Security number or Taxpayer Identification Number and is a type of account that qualifies for the Digital Services. For Consumers, that account and all other existing and future Eligible Accounts identified with your Social Security number or Taxpayer Identification Number will be automatically available to be accessed through your Digital Services relationship with us. For Consumers, Eligible Accounts that, in addition to your Social Security number, have other Social Security numbers identified with them (for example, joint checking accounts) will still qualify to be linked by you if you, acting alone, are authorized to access those accounts. For Businesses, some Eligible Accounts may be automatically accessible through the Digital Services and, during Customer's enrollment or after Customer has enrolled, Customer must specify the other accounts to be accessible through the Digital Services.
  Transactional accessibility of Eligible Accounts may vary based on the Digital Service(s) Customer uses. If an Eligible Account is owned by more than one individual (a joint account), or can be accessed by one or more Authorized User, each such Person may independently engage in and authorize transactions permitted by the Digital Services, including providing us with Instructions, making decisions, and obtaining information associated with the Eligible Account.
  
  Accounts on which you are a fiduciary may be eligible to be linked to your Personal Account or Business Account. Customer understands, however, that if we receive an Instruction to link accounts or allow Digital Services, including transactional accessibility, to an account, described in this paragraph, and are able to honor such Instruction, Customer hereby releases us from any liability arising from honoring such an Instruction.
4. Other Agreements. All Eligible Accounts linked to and/or accessed through the Digital Services will continue to be subject to the agreements Customer has for such accounts. Customer should refer to those agreements and any applicable disclosures for any restrictions, fees or other terms and conditions relating to the use of such accounts, including any terms that may affect or be affected by the use of the Digital Services. Concerning Digital Services, this Agreement will control if there are any irreconcilable conflicts between the terms of those agreements and this Agreement.
5. Fees. The current list of fees can be found in the Digital Services Fee Schedule (i.e., Section N) of this Agreement.
  Upon our demand, Customer will pay any costs we incur in collecting fees or enforcing this Agreement, including reasonable attorneys' fees and disbursements. We are authorized to obtain payment by charging Customer's Billing Account, or if none is designated or funds in a Billing Account are insufficient, any other account Customer has with M&T (but not if such other account is a fiduciary account for which Customer serves as a fiduciary, individual retirement account, other tax-deferred retirement account or other account that receives special tax treatment). If payment is not made, in addition to our other remedies under applicable law and this Agreement, we may suspend or cancel access to the Digital Services and/or exercise our right of offset (subject to applicable law) against any or all of Customer's property held by us in any capacity (but not if such other account is a fiduciary account for which Customer serves as a fiduciary, individual retirement account, other tax-deferred retirement account or other account that receives special tax treatment).
  
  Please note that the following provision also applies to Business Customers: If you have a special billing arrangement for fees (e.g., an account that is eligible for earnings credits on balances), Digital Service fees (other than those charged for M&T Flash Funds™) will be treated in accordance with such special billing arrangements.
6. Your Devices and Software. To access the Digital Services, you must have a personal computer or Mobile Device with access to the Internet ("Equipment"), and software that is compatible with the Website and allows you to browse the Internet through an Internet Service Provider (the "Software"). For some Digital Services, you will also need Software that permits you to receive, access and retain Portable Document Format or "PDF" files, such as a currently supported version of Adobe® Reader® (available for download at ). You must have and provide to us your email address. Your Equipment must support such Software requirements. For a list of recommended Equipment and Software, please see mtb.com/olb-systemrequirements. A specific Digital Service (e.g., M&T Mobile Banking) may have different or additional requirements or recommendations as specified elsewhere in this Agreement and/or Guides. We are not responsible for any errors or difficulties that arise from the malfunction or failure of the Internet or your Equipment. Subject to applicable law, we reserve the right to update, terminate, discontinue or change the Equipment or Software necessary to access the Digital Services.
7. Guides. We may provide Customer with Guides. Customer's use of the Digital Services is subject to the Guides. We are not responsible for any Damages arising from Customer's failure to abide by the Guides or understand the terms of the Guides, including, without limitation, understanding the deadlines or conditions for processing Instructions or the restrictions or conditions with regard to information or data accessed via the Digital Services. Terminology in the Guides may differ from this Agreement or other documentation with respect to the Digital Services. In the event you have questions, contact our Customer Service Center for clarification.
8. Enrollment in Digital Services. To enroll in Digital Services, we may prompt you for certain information to authenticate you. The authentication information may vary and can include, for example, Card Data, Social Security number, account number, and date of birth.
  For Businesses, M&T may rely on the Card Data from the M&T Business Debit Card, M&T ATM Card for Business (with the All Activity Option), M&T Business Credit Card or Virtual Card that has been issued to an individual at a Business to identify the individual using the Card Data as the authorized user of the Card (or as someone who has been delegated the rights of an authorized card user) with the power and authority to enroll in Digital Services and enter into this Agreement on behalf of the Business. An M&T ATM Card for Business with the Balance Inquiry Option cannot be used to enroll in Digital Services. M&T may require you to complete and submit additional agreements or documentation to enroll in certain Digital Services.
9. Your Access Codes. To gain access to the Digital Services, you will need an access passcode ("Passcode"), user identification ("User ID") and other authentication factors that we may require from time to time. Your card data may also be required for authentication purposes. The Passcode (including a fingerprint or other biometric identifier), User ID, Card Data, and other authentication factors (e.g., a token for the ACH, Wire Transfers and Real-Time Payments Digital Services) that we may require from time to time may collectively be called the "Access Codes."
  The Passcode will either be selected by you upon enrollment or will be supplied to you by us. For some services (e.g., M&T Mobile Banking), after your first login, you may be able to use a fingerprint or other biometric identifier to log in. You can change your User ID and/or Passcode online. We require that you change any Passcode we provide to you. You agree to keep all Access Codes confidential to prevent unauthorized access to your accounts and to prevent unauthorized use of the Digital Services. To protect the security of your information and accounts, you agree to log out of the Digital Services and close your browser or application session when you are finished using the Digital Services. For reasons of security, we may cancel your Access Codes at any time without notice. All electronic communications and Instructions using these Access Codes will be deemed to be valid and authentic and we may act on such communications and Instructions. You also agree that those electronic communications will be given the same legal effect as written and signed paper communications.
  
  In general, your Access Codes permit you to access all Eligible Accounts associated with your Social Security number or Taxpayer Identification Number that are compatible with the Digital Services (including accounts you own individually and with others). Every owner of an account should obtain and use his or her own Access Codes. Do not share you Access Codes with others as such sharing will enable those individuals to access information and even transact on your Eligible Account(s) and you may be responsible for those transactions.
  
  In addition, for Business Accounts, the Administrator will select for each Authorized User, a User ID, and a Passcode. Issuance and re-issuance of certain Access Codes may require the Administrator to use additional authentication or security procedures we establish from time to time.
  
  If you believe that any of your Access Codes have been lost, stolen, or compromised or that any transaction involving any of your Eligible Accounts may have been made without your authorization, you should contact us immediately. We strongly recommend that you do so by telephoning us at the Customer Service Center number provided below in this Agreement (Section M8), because that is the best way of limiting your losses. In addition to notifying us, we also strongly recommend that you immediately change your User ID, Passcode and any other Access Codes, as appropriate.
10. Multi-Factor Authentication. To login, enroll, or use the Digital Services, you may be prompted to perform a multi-factor authentication process using a verification code sent to an eligible contact information record that you select at the time it is being requested and/or you may be required to answer security question(s). If using a verification code you agree that you will not share this code with anyone by phone call, text, or screen sharing. You agree that only you will enter the code into Online Banking. Verification codes can be sent to you by email, text message to a mobile phone, or sent as an app notification to an eligible device based on your M&T Online Banking profile contact information. When a text contact method is selected by you to send verification codes, you give us permission to text you the verification codes at this number. Standard text message rates apply. If prompted to answer one or more security questions you agree that you will not share the questions or answers with anyone by phone call, text, or screen sharing. You agree that only you will enter the information into M&T Online or Mobile Banking.
  You agree to maintain current contact information on your Online Banking profile. Verification codes are time sensitive and will expire. After a repeated number of failed attempts or cancellation of entering a verification code or answers to security questions, your access to Digital Services may become locked and you may be prompted to verify your identity to unlock your account. Please contact us at the Customer Service Center number provided below in this agreement (Section M8) if you require assistance or have questions.
M&T Online Banking

This section sets forth the terms and conditions specific to M&T Online Banking services. By enrolling in or using this service, you agree to be legally bound by this section as well as the other applicable terms of the M&T Digital Services Agreement. Please see Section A2 for more information. For fee information, please refer to Section N of this Agreement for the Digital Services Fee Schedule. M&T Online Banking services represent core Digital Services and include the following features:
1. Internal Transfers and M&T Loan Payments from External Accounts.
  1. Enrollment and General Information. You may use the M&T Online Banking service internal transfer function to transfer funds between Eligible Accounts at M&T and to pay M&T loans, except Mortgage Accounts. To pay Mortgage Accounts please use My Mortgage Info. Consumers may also make a payment to eligible M&T loans from an external account. In addition, Customers may take advances from eligible M&T lines of credit.
    Note: Internal transfers between M&T accounts and Loan Payments from external accounts may be limited by agreements Customer has for such accounts. The term "external accounts" in this section means accounts that you have outside of M&T.
    
    To activate this service, you may be required to provide your Card Data. You may use the internal transfer function to set up recurring transfers from one Eligible Account at M&T to another (recurring transfers must be for the same amount). See the Guide for details and limitations on the acceptance and processing of your internal transfer Instructions. Any transfer of funds from a deposit account is subject to the availability of sufficient funds for withdrawal from that deposit account when the transfer is to be made.
  2. Loans and Lines of Credit. For all M&T real estate secured loan(s), we reserve the right to reject any Instruction to pay such loan(s) (including any recurring funds transfer Instruction) if such loan(s) is in default under the terms of the loan related documents.
  3. Stopping Recurring Payments. You can stop recurring funds transfers using one of the following methods:
    1. cancel your funds transfer Instruction using the M&T Online Banking service internal transfer function by 11:59 PM on the Business Day before the date you have scheduled the next recurring funds transfer; or
    2. telephone us at 1-800-790-9130 or send us a written request at M&T Bank, P.O. Box 4627, Buffalo, NY 14240 in time for us to receive your request at least three (3) of our Business Days before the next recurring funds transfer.
    If you call, we may require you to confirm your request in writing and transmit it to us within 14 days after the date you called us.
    
    For Customers using My Mortgage Info for scheduling an auto-draft payment(s) for an Eligible Account, you can stop any auto-draft payment using one of the following methods:
    1. cancel your funds transfer Instruction using My Mortgage Info; or
    2. telephone us at 1-800-790-9130 or send us a written request at M&T Bank, P.O. Box 1288 Buffalo, NY 14240 in time for us to receive your request at least three (3) of our Business Days before the next recurring funds transfer.
    If you call, we may require you to confirm your request in writing and transmit it to us within 14 days after the date you called us.
  4. Transfer Effective Date on non-Business Day. Please note that if your transfer effective date falls on a non-Business Day, we may adjust the Withdrawal Date to the prior Business Day. Please make sure that your Available Balance is sufficient on the Withdrawal Date to accommodate such transaction(s). External transfer payments may credit to the account on the following Business day.
2. Account Balance and Transaction History. You can use the M&T Online Banking service to obtain balance and recent transaction history on all Eligible Accounts (with the exception of transaction history for Certificate of Deposit accounts). Various types of account balance and transaction history data provided through the M&T Online Banking service are current as of different dates and times. For example, certain types of data provided are real-time, periodically updated through the day, or prior day information. For Mortgage Accounts, balance summary and account transaction detail will generally be available when accessed through My Mortgage Info for at least 90 days.
  Account balance and other information obtained through the M&T Online Banking services (and through M&T Mobile Banking) may not include transactions that you have made or authorized but that have not cleared, certain debit card transactions (including gratuities associated with such transactions), deposits you have made but that have not been credited, and other transactions that have been made or fees that are pending but that have not yet been processed. For lending products, balances indicated may not include all recent activity, including fees or other charges and may not represent a payoff balance. For payoff information on your account, please contact our Customer Service Center (refer to Section M8).
3. Online Account Information and Check Images. You may use this service to view certain checks and other information online for certain Eligible Accounts. Please see Guide(s) for more detailed instructions and limitations on the availability of checks and other information for viewing via this service. Note that checks that have been presented for payment and that are accessible through this service may not actually be, or have been, paid, (e.g., for reasons such as non-sufficient funds in the account or the existence of an outstanding stop payment order concerning the check).
4. Data Export. You may export account information for use with your personal financial management software (e.g., Quicken®) ("PFM Software") or other spreadsheet software (e.g., Microsoft Excel®) for recent transaction history. This service is limited to certain Eligible Accounts and is not compatible with all versions of PFM Software. We reserve the right to change the file format or formats available for download on the M&T Online Banking services at any time, without notice.
5. M&T Online and Mobile Bill Pay. You may use the M&T Online and Mobile Bill Pay service to make one-time, future-dated, and/or recurring payment transactions from an eligible checking account.
  1. Enrollment. Either during your enrollment or after you have enrolled in M&T Online Banking services, you may enroll in the M&T Online and Mobile Bill Pay service. To do so, you may be required to provide your Card Data.
  2. Payment Instruction. When you initiate a payment Instruction through Online and Mobile Bill Pay, you authorize us, or our agent, to withdraw the necessary funds from the specified eligible checking account. The Business Day your payment Instruction will be processed (i.e., the Business Day we debit your account for the payment and initiate or mail the payment) is called the "Withdrawal Date." Because of the time it takes to process and send a payment to a payee, there will be a delay between the Withdrawal Date and the date you schedule the payment to be delivered to the payee ("Delivery Date"). You can obtain an estimate of the number of Business Days it will take to process the payment by looking up the payee on your Payee List (listed as "Days to Deliver"). Add a new payee to your Payee List by navigating to “Add a Payee”. To provide adequate time for payments to be received by a payee, the date you select as the Delivery Date must be no later than the date your payment is due, excluding any applicable grace periods.
    The cutoff time for entering a payment Instruction on a Business Day using our system is 11:59 p.m. ET. When a payment Instruction is entered on our system after 11:59 p.m. ET or on a non-Business Day, the Instruction will be considered received on the next Business Day. We reserve the right to change our estimate of the number of Business Days it will take to process the payment for any payee at any time without notice to you. If your Withdrawal Date falls on a non-Business Day, we may adjust the Withdrawal Date to the prior Business Day. Please make sure that your Available Balance is sufficient on the prior Business Day to accommodate such transaction(s). We recommend that you frequently check the processing time estimates on the Payee List for your payees in order for you to be aware of the Withdrawal Date for a payment Instruction. These estimates are for your convenience only and you must schedule your payments as set forth in this section in order to qualify for the payment guarantee in this Agreement.
    
    Notwithstanding any other provision of this Agreement, it shall be your responsibility to schedule bill payments sufficiently in advance of the payment due date so that the payment can be received and processed by the payee before any such due date. We shall not be responsible for any late fees, interest charges, and penalties imposed by a payee if you did not schedule the payment to allow for the time it takes us to process the payment and for the payee to receive and process the payment.
    
    You agree that you will not initiate a payment unless there are, or will be, sufficient available funds in the specified Eligible Account (plus amounts available for transfer or advance from an overdraft protection plan if you have such a plan) on the Withdrawal Date. If you do not have such funds available when we attempt to process the payment to your account on the Withdrawal Date, M&T, in its sole discretion, will either:
    1. Make the bill payment and debit your account on the Withdrawal Date for the full payment amount; or
    2. Not make the bill payment and not debit your account on the Withdrawal Date and instead try to complete the payment Instruction on the next Business Day. If there are still insufficient funds available at this second attempt, M&T, in its sole discretion, will either
      1. cancel the bill payment, which means that your payment will not be made; or
      2. make the bill payment and debit your account for the full payment amount.
      M&T will notify you via Internal Electronic Messaging, email and/or U.S. mail if your payment does not process on the Withdrawal Date and also if your payment does not process on the second attempt.
    Important Notes on Fees: If, in any case, a bill payment that we process is covered with funds from your overdraft protection plan, the terms of that plan, including applicable overdraft transfer fees and/or other fees, will apply. If, in any case, a bill payment we process overdraws your deposit account and is not covered by an overdraft protection plan, you will be charged any applicable overdraft fees and/or other fees.
  3. Limitations on Payments. You agree that you will not use Online and Mobile Bill Pay to make payments:
    1. to payees located outside the United States;
    2. to taxing authorities or other governmental entities;
    3. required under court order (e.g., child support); or
    4. in connection with any unlawful activity or purpose. If you use M&T Online and Mobile Bill Pay to make governmental or court-ordered payments, we shall not be responsible for any penalties, interest, late fees or other similar amounts you may be assessed as a result of delays in the delivery, or the non-delivery of the payment, or the delayed or improper crediting of the payment.
    You are limited to one active payment series (recurring) per payee. We reserve the right to refuse to make a payment to a particular payee or categories of payees through the M&T Online and Mobile Bill Pay service.
  4. Incomplete Payments. Payments will be made either by a check, or by electronic transfer, depending on arrangements with the payee. If a payee fails to cash a check within the time period we establish for cashing checks or if the payment is rejected as an electronic transfer, we will thereafter credit your account from which the payment was initially debited in the amount of the original payment Instruction (without interest).
  5. Canceling Payments. You can order us to cancel any payment initiated through the Online and Mobile Bill Pay service by canceling the Instruction to make that payment. Cancellations initiated using the cancellation feature must be received on or before 11:59 p.m. on the Business Day prior to the Withdrawal Date to be effective on such date. The Withdrawal Date for a specific payment is listed within Online and Mobile Bill Pay. Once the withdrawal has been made from the specified account on a Withdrawal Date, it will not be possible to stop that payment from being made.
    
    For recurring payment Instructions, you can stop the recurring payment using one of the following methods:
    1. cancel the payment Instruction within M&T Online or Mobile Bill Payor
    2. telephone or send us written request at the phone number or P.O. Box listed in the Customer Service Section M8 in time for us to receive the request at least three (3) Business Days before the next Withdrawal Date.
    If you call, we may require you to confirm your request in writing and get it to us within 14 days after the date you called us.
  6. No Duty to Monitor Payments. M&T does not have any duty to you to monitor the payments that are made through M&T Online and Mobile Bill Pay. If your account is locked any recurring payments scheduled by you may not be processed, even if they appear to be scheduled in the future. If a locked out user is reinstated, payments scheduled by that user for the following business day or later will be processed as scheduled.
  7. Bill Pay Guarantee. We will cover up to $50 in late fees if a payment using Online and Mobile Bill Pay is late and you
    1. scheduled the payment sufficiently in advance of the payment due date (see above sub-section b) to allow for the payment to be processed and sent by us, and
    2. the date you selected as the Delivery Date was no later than the date your payment was due, excluding any applicable grace periods. Delivery timeframes are noted for each payee, indicated as "Days to Deliver" in your payee list – generally two or four Business Days. Further, your payment must be scheduled according to the requirements set forth in this Agreement and you must have sufficient available funds in your account. The maximum late fee payable under this guarantee is $50 per late payment.
    In the event your payee does not receive payment on time and charges you a late fee, contact Online Banking Support at 1-800-790-9130. We reserve the right to discontinue the Bill Pay Guarantee at our discretion at any time.
6. M&T Rewards Program (Credit Card)
  Primary and Joint Cardholders for M&T Visa Signature Card and M&T Visa Credit Card with Rewards enrolled in the M&T Rewards Program may view and redeem earned points by accessing their online banking account, through the M&T Mobile app, or by calling the Rewards Center (1-888-448-6679).
  
  Access to view and redeem earned points under the M&T Rewards Program for M&T Business Rewards Credit Card account holders will be determined by the Administrator as described under Section M26 below. Users granted access by the administrator may view and redeem earned points by accessing their online banking account or through the M&T Mobile app. Primary or Joint M&T Business Rewards Credit Card account holders can also redeem rewards by calling the Rewards Center (1-888-448-6679). This program is subject to the M&T Rewards Program Terms & Conditions. Regarding use of the M&T Rewards Program, if there are any conflicts between the terms and conditions of this Agreement versus the terms and conditions of the M&T Rewards Program Terms & Conditions, the terms and conditions of the M&T Rewards Program Terms & Conditions prevail.
Bank to Bank Transfers (Personal Accounts)

This section sets forth the terms and conditions specific to the Bank to Bank Transfers service for Personal Accounts, if available. By enrolling in or using this service, you agree to be legally bound by this section as well as the other applicable terms of the M&T Digital Services Agreement. Please see Section A2 for more information. The Bank to Bank Transfers service allows you to request that we initiate an electronic fund transfer from one of your Eligible Accounts (checking or savings accounts) held at M&T that is qualified for the Bank to Bank Transfers service ("Bank to Bank Eligible Accounts") to an eligible personal account held in your name at another financial institution (the "External Bank Account"). The Bank to Bank Transfers service also allows you to request that we initiate an electronic fund transfer from an External Bank Account to one of your Bank to Bank Eligible Accounts. Not all Personal Accounts are eligible for the Bank to Bank Transfers service. The External Bank Account used in the Bank to Bank Transfers service must be in the United States of America. The Bank to Bank Transfers service cannot be used to send or receive funds to business accounts, nor can it be used to transfer funds to third parties or to or from an account that is held or owned solely by a person other than you. As used herein, a "Transfer Instruction" is an Instruction you provide to us through the Bank to Bank Transfers service to request that we complete an electronic fund transfer from a Bank to Bank Eligible Account at M&T to an External Bank Account, or from an External Bank Account to your Bank to Bank Eligible Account at M&T. For fee information, please refer to Section N of this Agreement for the Digital Services Fee Schedule.

To enable access to information for non-M&T accounts, M&T Money Smart and Bank to Bank Transfers services are connected. Upon your first time accessing Bank to Bank Transfers you will additionally gain access to M&T Money Smart, if you have not already done so.
1. Authorization to Complete a Funds Transfer. By logging into M&T Online Banking services and providing a Transfer Instruction (for both one-time or recurring transfers, when available), you authorize us (including our service providers), to initiate electronic debits and credits (referred to as "funds transfer(s)" herein) to and from your Bank to Bank Eligible Account(s) and External Bank Account(s) in order to process your Transfer Instruction.
  Further, you also authorize us to correct any error and to make adjustments when a funds transfer is returned, reversed or cannot be completed. You authorize us to make such corrections and adjustments by initiating electronic debits or credits to and from your Bank to Bank Eligible Account(s) and External Bank Account(s) and by debiting any other account you have at M&T (but not if such account is a fiduciary account, individual retirement account, other tax-deferred retirement account or other account that receives special tax treatment) if the erroneous, returned, reversed or incomplete transfer cannot be fully corrected or adjusted by debiting your Bank to Bank Eligible Account(s) or External Bank Account(s). This authorization shall survive termination of your Bank to Bank Transfers service.
  
  You represent and warrant to us that:
  1. you are an owner of both the Bank to Bank Eligible Account(s) at M&T and the External Bank Account(s);
  2. you have all necessary authority and rights to register for the Bank to Bank Transfers service and to initiate funds transfers to and from the Bank to Bank Eligible Account(s) at M&T and the External Bank Account(s);
  3. you are an individual Consumer and the Bank to Bank Eligible Account(s) and External Bank Account(s) are held and used by you solely for personal, family or household purposes, and are not held or used in connection with any Business enterprise; and
  4. you will not use the Bank to Bank Transfers service for any purpose or activity that is in violation of any federal or state law, rule, statute or regulation, including the rules of any payment system used to process your Transfer Instruction.
  M&T and the financial institution(s) holding the External Bank Account(s) may rely on the representations and the authorizations provided by you in the Agreement without investigation. We will use the Automated Clearing House ("ACH") network in order to initiate the electronic debits and credits to your Bank to Bank Eligible Account and the External Bank Account to process a Transfer Instruction. We may use other methods to process a Transfer Instruction, including a book transfer or wire transfer.
  
  We make no representation or warranty to you that the financial institution that holds the External Bank Account will properly credit or debit funds arising from an incoming or outgoing funds transfer to or from your External Bank Account or will honor any Instruction to credit or debit your External Bank Account.
2. Processing of Funds Transfers. We will process Transfer Instructions received before the time specified on the Website on a Business Day. Transfer Instructions that are received on a non-Business Day or after the time specified on the M&T Online Banking Website on a Business Day will be processed the next Business Day.
  We have no obligation to complete a Transfer Instruction if
  1. there are insufficient available funds in your Bank to Bank Eligible Account at M&T to complete the requested funds transfer to the External Bank Account,
  2. the ACH debit to the External Bank Account to fund a funds transfer is not processed or is returned for any reason by the financial institution holding the External Bank Account;
  3. the Transfer Instruction exceeds any dollar or frequency limitation placed on funds transfers by us;
  4. M&T or the financial institution holding the External Bank Account imposes any restriction, hold or limitation that would prevent the execution or editing of the Transfer Instruction; or
  5. we have any reason, in our sole discretion, to believe that processing the Transfer Instruction could expose us to a loss of any kind, including any Damages.
  We are not responsible for actions taken by the financial institution that holds your External Bank Account, and we are not responsible if the financial institution does not properly credit or debit a funds transfer to or from your External Bank Account.
  
  It is your responsibility to monitor your Bank to Bank Eligible Accounts through Online Banking, the Bank to Bank Transfers page and your External Bank Accounts to determine if your Transfer Instruction has been processed.
3. Reliance on Your Instructions. We are not responsible for detecting any errors in a Transfer Instruction requested by you through the Bank to Bank Transfers service. You are responsible for the content of any Transfer Instruction, and we may rely upon the information you provide to us when processing the Transfer Instruction. We may rely solely on the account numbers and bank identifying numbers that you provide to us for identifying your External Bank Account(s) and financial institution(s) holding such accounts, regardless of whether or not you also provide the name of the account holder or the name of the financial institution. We and other financial institutions processing your funds transfers have no responsibility to identify or investigate any discrepancy between names and account numbers.
  Non-M&T account information is presented from M&T Money Smart as a suggested connection for Bank to Bank Transfers. If you mark a non-M&T account as closed in M&T Money Smart, upon your next time accessing Bank to Bank Transfers, your non-M&T account(s) will appear as unlinked and any previously scheduled transfers, including recurring transfers, will be cancelled. In order to re-link or mark as open any non-M&T accounts you previously designated as closed, you will need to reconnect them in each service. If you disconnect an institution in M&T Money Smart, upon your next time accessing Bank to Bank Transfers, your non-M&T account(s) will no longer be displayed within your managed account list and any previously scheduled transfers will be cancelled. Any changes made to non-M&T account connections will not impact the transaction history being displayed within Bank to Bank Transfers.
4. Types and Limitations on Transfers. When you request that we process a Transfer Instruction you submit using the Bank to Bank Transfers service, we will generally process it within 3 Business Days after the Business Day that we receive the Transfer Instruction, if received prior to 8:40pm. Outbound transactions will be debited immediately and external accounts will generally be credited within the next business day. Inbound transfers will generally be debited either same day or the next business day and credited to your M&T account within 3 business days.
  Transfer Instructions are subject to a daily and a 30 day limit. Your limits can be confirmed during enrollment and within the ‘Schedule transfer' page of the service. For security reasons, we reserve the right to impose limits on the amount(s) that you transmit using Bank to Bank Transfers. Such limits are subject to change without notice at M&T's discretion. When requesting a transfer, the maximum amount allowed is calculated using both past and future scheduled transfers, including all activity within the applicable time period, to or from all of your Bank to Bank Eligible Accounts. For a recurring transfer series (a weekly, monthly or quarterly frequency for repeating a transfer), once this feature becomes available, the maximum number of possible transfer recurrences for the recurring transfer series will be limited to enable no more than a one-year series duration. You will be limited to no more than one scheduled recurring transfer series at a time, to or from all of your Bank to Bank Eligible Accounts.
  We may decline to process, or delay processing of, any or all of your Transfer Instructions at any time if we, in our sole discretion, are concerned that the requested transfer may be unauthorized or otherwise improper or inappropriate. In the event we decline to process, or delay processing, any Transfer Instruction:
  1. we may, but have no obligation to, notify you via email, and
  2. we shall have no liability to you for any Damages of any kind associated with the declined, delayed, or cancelled Transfer Instruction.
  We may change the limitations set forth herein at any time by posting new limits on the Website. If you have questions about your limits contact M&T Customer Service (Section M8).
5. Cancellation of Requested Funds Transfer. You may request a cancellation of a Transfer Instruction that you have previously requested through the Bank to Bank Transfers service if the Transfer Instruction has not been processed. We will take reasonable steps to act on your cancellation requests, but we shall not be responsible if we are unable to cancel a Transfer Instruction because we did not have sufficient time to act on the cancellation request. You can stop a scheduled or recurring transfer using one of the following methods:
  1. cancel the payment Instruction within the Bank to Bank Transfers service, or
  2. telephone or send us written request at the phone number or P.O. Box listed in the Customer Service Section N8 in time for us to receive the request at least three (3) Business Days before the next Withdrawal Date.
  If you call, we may require you to confirm your request in writing and transmit it to us within 14 days after the date you called us.
6. Verification of Identity and Account Ownership. When you register for the Bank to Bank Transfers service, you authorize us to obtain information from any financial institutions holding your External Bank Accounts in order to confirm your access to and/or ownership of the External Bank Accounts. You also authorize us to request information regarding you and your External Bank Accounts from other third party sources to verify your identity, account ownership, protect against fraud, confirm your pattern of use or exceptional use, comply with applicable law or otherwise as necessary to provide the Bank to Bank Transfers service to you. Your external financial institutions may require you to be enrolled in Electronic Documents (eStatements) at your external financial institution in order to verify your identity or account information. We are under no obligation to you or any other person to verify or confirm your registration information or your ownership of the External Bank Accounts or to confirm that the Bank to Bank Eligible Accounts at M&T and the External Bank Accounts are held in the same name and/or legal capacity. You agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other financial institutions and you agree to not misrepresent your identity or your account information.
  You must verify your control and authority to access the External Bank Accounts through the account verification methods specified in the Bank to Bank Transfers service portion of the Website and listed below.* Instant Verification. By using this method and providing us (and our service provider) with your online credentials (such as username and password), you authorize us (and our service provider) to access your External Bank Accounts online, and thereby verify your control and authority to access the External Bank Accounts. If you select this option for verification, you authorize us to access websites and online banking systems of the financial institutions holding your External Bank Accounts, on your behalf, to retrieve information about your accounts. For all purposes hereof, you hereby grant us (and our service provider for the Bank to Bank Transfers service) a limited power of attorney, and you hereby appoint us and our service provider as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party Internet sites (including the website of the financial institution that holds the External Bank Account(s)), servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE (OR OUR SERVICE PROVIDER) ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, WE (OR OUR SERVICE PROVIDER) ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OF THE FINANCIAL INSTITUTION HOLDING THE EXTERNAL BANK ACCOUNT OR ANY THIRD PARTY. You agree that third party financial institutions holding External Bank Accounts shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that use of this verification process is not endorsed or sponsored by the financial institutions holding the External Bank Accounts or us. You are licensing to us and our service provider any information, data, passwords, materials or other content (collectively, "Content") you provide to us. We (and our service provider) may use, modify, display, distribute and create new material using such Content in order to provide the requested Bank to Bank Transfers services to you. By submitting Content, you automatically agree that we (and our service provider) may use the Content for the purposes set out above without any particular time limit and without the payment of any fees.
Online Check Search and Stop Payment

This section sets forth the terms and conditions specific to the Online Check Search and Stop Payment service regarding checks you have written. This service excludes payments made via M&T Online and Mobile Bill Pay. By enrolling in or using this service, you agree to be legally bound by this section as well as the other applicable terms of the M&T Digital Services Agreement. Please see Section A2 for more information. You may use the Online Check Search and Stop Payment service to search for the status of checks you have written and place stop payments on checks you have written that have not cleared.

You will be charged a stop payment fee under the terms of your Eligible Account on which the check was drawn. Before placing your stop payment, verify the check(s) has (have) not cleared your account. You understand that M&T is unable to stop payment on checks and other items that have already been paid before M&T has received and had a reasonable time to act on a stop payment order. In addition to the check number, we may require you to supply the following information when you request a stop payment: the number of the account on which the check is drawn, the amount of the check, the date of the check, the name of the payee, and the reason for stopping payment. Please see the Guide for more detailed instructions and limitations. Stop Payments will be in effect for 6 months. A verification form may be required. We do not guarantee the ability to cancel or stop any payment.
Statements and Notices Service

This section sets forth the terms and conditions specific to the Statements and Notices service. By enrolling in this service, you agree to be legally bound by this section as well as the other applicable terms of the M&T Digital Services Agreement. Please see Section A2 for more information. The Statements and Notices service is an option by which you may obtain Electronic Documents through the Website electronically for viewing, printing and downloading, rather than receiving such documents from us in paper form. Electronic Documents may not be available for all Eligible Accounts.
1. Enrollment
  You can elect to have Electronic Documents for Eligible Accounts delivered electronically in one of the following ways:
  1. During Online Banking enrollment, you will be presented the option to receive Electronic Documents online for all of your Eligible Accounts. Please note that if you check the prompt to receive Electronic Documents online during this process, your election for electronic delivery (rather than paper) will apply to all of your Eligible Accounts.
  2. If you do not elect to receive Electronic Documents online during the Online Banking enrollment process, you can make this election within the Website after your enrollment. Please note that if you check the prompt to receive Electronic Documents online during this process, this election will apply to all of your Eligible Accounts that have electronic statements as an option.
  Once you elect to receive Electronic Documents online for all Eligible Accounts, you may change your election for one or more of your Eligible Accounts within the M&T Online Banking Services. For example, you may change your election for a specific Eligible Account(s) from electronic delivery to paper delivery or from paper to electronic. Please see sub-section 3. Changing Statement or Electronic Delivery Option, below, for more information on changing your elections.
  
  The availability of certain Electronic Documents may be limited in certain jurisdictions and by applicable law.
  
  If you choose electronic delivery for statements for an account, we may also send account related change-in-terms notices electronically.
  Anytime, as described above, you enroll in the Statements and Notices service (and/or adjust the Eligible Account(s) for which you will be receiving Electronic Documents from us electronically or in paper form), you hereby confirm that you,
  1. have Equipment and Software necessary to allow you to receive electronically, view, print and/or save the Electronic Documents, including Software that permits you to receive, access and retain "PDF" files (for necessary Equipment and Software, see Section A6 );
  2. have a valid email address at which to receive your Electronic Documents and/or notice that your Electronic Documents are available for you at the Website; and
  3. agree to discontinue receipt of checks or printed images of canceled checks, if, prior to agreeing to receive your statements electronically, you received checks or printed images of canceled checks with your account statement.
2. Accessing your Electronic Statements and Disclosures.
  Once the Statements and Notices service takes effect for Electronic Documents, whenever any Electronic Document is made available to you at the Website, we will send to the primary email address you have provided to us for use with the Statements and Notices service a notice that an Electronic Document is available to you at the Website. Not all Electronic Documents may be eligible for this notice. Such Electronic Documents will be available to you at the Website for 7 years in the Statements and Notices service, as long as you are enrolled in the service and have elected to receive documents electronically. We recommend that you print and/or save copies of your statements and other Electronic Documents as they become available. Please note that upon Eligible Account closure, Electronic Documents will not be available at the Website. Except when applicable law requires otherwise, the notice we send to your primary email address will be the only notice to you about the availability of the Electronic Document at the Website. You acknowledge that availability of the Electronic Document on the Website or delivery of the notice will constitute delivery of the Electronic Document whether or not you view or print such Electronic Document. The first time an email notice is returned to us as undeliverable, we may send you a letter advising that an Electronic Document is available and that we were unable to deliver your email notice and asking you to provide us with a new email address for use with Statements and Notices service. For subsequent instances, we may send you a secure internal message within the Website advising that an Electronic Document is available and that we were unable to deliver your email notice and asking you to provide us with a new email address for use with the Statements and Notices service.
3. Changing Statement or Electronic Disclosure Delivery Option. You can change your delivery preference (electronic delivery or paper delivery) within M&T Online Banking Services for an Electronic Document that you have enrolled in the Statements and Notices service. When you change your delivery option, the change may take up to one month to occur and will take effect in your next statement cycle, or when the next document or notice would be sent. We always reserve the right to communicate with you in writing using the U.S. Postal Service, no matter what other options you have chosen.
4. Email Address. It is your responsibility to notify us of any change in your primary email address, which is used with the Statements and Notices service. See Section M8 for contact information.
5. Paper Copies. At any time after you enroll in the Statements and Notices service, we may discontinue mailing you paper copies of Electronic Documents. For as long as we are required by applicable law to keep a copy of any Electronic Document, you may request a paper copy of such Electronic Document by contacting us at Customer Service (Section M8 below). You must pay us any applicable charge for the paper copy. Your request for the paper copy will not constitute a request to cancel Statements and Notices service or a request to discontinue receipt of Electronic Documents. Even if we discontinue sending you paper copies of Electronic Documents, we may (but shall have no duty to) resume sending them at any time for any reason, including, but not limited to, because we believe that you are not receiving notices that an Electronic Document is available to you at the Website or because we believe that a change in Equipment or Software required for Statement Delivery service creates a risk that you may not be able to receive electronically, view and retain Electronic Documents.
6. Unenrollment. We may unenroll you in the delivery of electronic Statements and Notices at any time, without notice to you. The unenrollment will take effect when we specify. You may unenroll in the Statements and Notices service within M&T Online Banking Services (described in section E3), or by notifying us via phone or by mail (see Customer Service Section M8). The unenrollment will not take effect until we have had a reasonable time to act on your notice. Unenrollment in the electronic delivery of Statements and Notices
  1. may be effective for all Eligible Accounts, or for select accounts; and
  2. will not affect the validity or legal effect of any Electronic Document provided to you at the Website prior to the effective date of such unenrollment.
7. Joint Account. If any Eligible Account is a joint account, any holder of that Eligible Account may enroll in or terminate enrollment in the Statements and Notices service. All joint account holders of any Eligible Account will be bound by the enrollment or termination of enrollment by any account holder.
8. Combined Statements. All accounts that are part of a combined statement mailing must be delivered in the same fashion. Requesting that a single account within a combined statement be changed to another delivery format will result in all accounts within that statement being sent in the same format. If accounts that are part of a combined statement mailing are not entirely or partially owned by the person enrolling in the Statements and Notices service, we will not discontinue delivery of paper statements and the delivery settings will be set to paper and electronic.
9. Fees. For fee information, please refer to Section N of this Agreement for the Digital Services Fee Schedule.
M&T Mobile Banking

M&T Mobile Banking. This section sets forth the terms and conditions specific to M&T Mobile Banking ("M&T Mobile"). By downloading the M&T App or using M&T Mobile, you agree to be legally bound by this section as well as the other applicable terms of the M&T Digital Services Agreement. Please see Section A2 for more information. After you have enrolled in the M&T Online Banking services, you can use M&T Mobile to access some financial services and products and the functions from M&T Online Banking using a Mobile Device. Not all Eligible Accounts are accessible through M&T Mobile. To use M&T Mobile, you must have a Mobile Device and the M&T app. A list of the supported Mobile Devices' specifications can be found at mtb.com/olb-systemrequirements.
1. M&T Mobile App. The M&T Mobile app allows you to access certain Eligible Account information, make transfers between Eligible Accounts and make a payment to eligible M&T loans from a non-M&T account. You can access additional services that you are enrolled in, such as M&T Online and Mobile Bill Pay and M&T Mobile Deposit. To use M&T's Mobile app, you must have a supported Mobile Device and download the M&T Mobile app to it.
2. Notices Applicable to M&T Mobile Banking. YOU AGREE THAT THERE ARE RISKS ASSOCIATED WITH USING A MOBILE DEVICE, AND THAT IN THE EVENT OF THEFT, COMPROMISE, OR LOSS OF THE MOBILE DEVICE, YOUR CONFIDENTIAL INFORMATION COULD BE COMPROMISED. For this reason, you should consider password protecting your Mobile Device and/or taking additional security precautions with your phone. In the event of the loss, theft, compromise of, or destruction of your Mobile Device which has the M&T Mobile app, you should immediately
  1. reset your M&T Online Banking Passcode and
  2. notify your wireless carrier to disable wireless telecommunications service (voice and data) from your lost or stolen Mobile Device.
  You agree not to use any personally identifiable information (including User ID, passcode or full account number) when creating nicknames for your Eligible Accounts. You agree that M&T Bank cannot guarantee and is not responsible for the availability of the data services provided by your mobile carrier, and that service may not be available from time to time.
  
  Use of M&T Mobile Banking is subject to the directions, limitations and requirements described in Guides. At any time and without notice, M&T Bank reserves the right to:
  1. terminate its support of any Mobile Device, operating system or mobile carrier;
  2. remove or modify the types of accounts, features and functionality available through M&T Mobile; and
  3. modify any security procedures or requirements M&T requires to gain access to M&T Mobile.
3. Fees. For fee information, please refer to Section N of this Agreement for the Digital Services Fee Schedule.
M&T Mobile Deposit

This section sets forth the terms and conditions specific to M&T's Mobile Deposit Service ("MDS"). By enrolling in or using MDS, you agree to be legally bound by this section as well as the other applicable terms of the M&T Digital Services Agreement. Please see Section A2 for more information. MDS allows you to deposit certain checks into certain deposit accounts that are eligible to receive mobile check deposits ("Mobile Deposit Accounts") via an application (the "App") installed on your supported mobile device. The App is considered part of the MDS. All items received through MDS will be treated as deposits of checks under the applicable deposit account agreement.
1. Miscellaneous. If there is a conflict between other provisions of the M&T Digital Services Agreement and this section, this section shall control concerning the MDS. If any portion of this section is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.
2. Fee. For fee information, please refer to Section N of this Agreement for the Digital Services Fee Schedule.
3. Equipment. To use MDS, you must have (at your expense) a supported mobile device (e.g., smartphone, tablet, etc.) with a supported camera and a supported operating system, have a data plan or otherwise be able to access the Internet through your mobile device, and download the App to your mobile device (collectively, the "MDS Mobile Device"). A list of MDS Mobile Devices (including the mobile device cameras, and mobile device operating systems) that we support for this service can be found at mtb.com/olb-systemrequirements. We do not guarantee that your particular mobile device, mobile device camera, mobile device operating system or mobile carrier will be compatible with MDS.
4. Limitations. When using MDS, you may experience technical or other difficulties. We do not assume responsibility for any such difficulties or any resulting Damages that you may incur. For security reasons, we reserve the right to change the qualification requirements, suspend or discontinue MDS, in whole or in part, or your use of MDS, in whole or in part, immediately and at any time without prior notice to you. We reserve the right to limit the number of mobile devices through which you may access MDS.
  Except as expressly provided in this section, deposits made though MDS are subject to all limitations and terms set forth in the relevant deposit agreement governing your Mobile Deposit Account as it may be modified from time to time, including, but not limited to, those related to deposit acceptance, crediting, collection, endorsement, processing order and errors.
5. Eligible Checks and Items.
  
  You agree
  1. 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 section or such other items as we, in our sole discretion, elect to include under MDS;
  2. that the image of the check transmitted to us shall be deemed an "item" within the meaning of Article 4 of the applicable Uniform Commercial Code; and
  3. that you will not use MDS to scan and deposit any of the following checks or other items
  :
  1. Checks or items payable to any person or entity other than you, or to you and another party.
  2. Checks or items containing alteration 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.
  3. Checks or items previously converted to a substitute check, as defined in Reg CC.
  4. Checks or items drawn on a financial institution located outside the United States.
  5. Checks or items that are remotely created checks, as defined in Reg CC or other remotely created items.
  6. Checks or items not payable in United States currency.
  7. Checks or items dated more than 6 months prior to the date of deposit.
  8. Checks or items on which a stop payment order has been issued or for which there are insufficient funds.
  9. Checks or items that were previously returned unpaid.
  10. Checks or items prohibited by our current procedures relating to MDS or which are otherwise not acceptable under the terms of your Mobile Deposit Account.
  Nothing in this section should be construed as requiring M&T to accept any check or item for deposit, even if M&T has accepted that type of check or item previously. Nor shall M&T be required to identify or reject any checks or items that you may scan and deposit that fail to meet the requirements of this section.
6. Security of Your Mobile Device and Account Information. You are responsible for
  1. maintaining the confidentiality and security of your Mobile 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 MDS (collectively, "MDS Access Information"),
  2. preventing unauthorized access to or use of the information, files or data that you store, transmit or use in or with the MDS (collectively, "Account Information”, and
  3. setting up and maintaining strong passwords and taking other reasonable security precautions to protect your Mobile Devices from unauthorized use.
  M&T is not responsible or obligated for any of these security precautions. You agree not to supply your MDS Access Information to anyone. You will be responsible for all electronic communications, including image transmissions, email and other data (referred to in MDS section as "Communications") entered using the MDS Access Information. Any Communications received using the MDS 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 MDS Access Information, including your Mobile Devices. We reserve the right to deny you access to MDS (or any part thereof) if we believe that any loss, theft or unauthorized use of MDS Access Information has occurred.
7. Image Quality. The image of a check or item transmitted to M&T using MDS must be clear and legible. The image quality of the checks and items must comply with the standards established from time to time by the American National Standards Institute, any regulatory agency, any higher standard set by us, and with any requirements set by any clearing house we use or agreement we have with respect to processing checks or items. You agree that we shall not be liable for any Damages resulting from the poor image quality of a check or other item, including those related to rejection of or the delayed or improper crediting of such a check or item, or from any inaccurate information you supply regarding the check or item.
8. Endorsements and Procedures. Before transmission, you agree to restrictively endorse any check or item transmitted through MDS as "For M&T Bank mobile deposit only" or as otherwise instructed by M&T. All endorsements must be in either blue or black ink. You agree to follow any and all other procedures and instructions for use of MDS as we may establish from time to time. You agree to supply any information in your possession that we request regarding a check or item deposited or attempted to be deposited through MDS.
9. Receipt of Checks and Items; Crediting. We reserve the right to reject any check or item transmitted through MDS, at our discretion, without liability to you. We are not responsible for checks or items we do not receive in accordance with this section 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 M&T 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.
  
  As provided in the relevant deposit agreement governing your Mobile Deposit Account and the applicable M&T's funds availability policy, deposits received and accepted before a particular time of the day (the "Cutoff Time") on a Business Day are credited on the same day and deposits received and accepted after the Cutoff Time on a Business Day are credited on the next Business Day. M&T may establish later Cutoff Times for checks and items deposited via MDS, crediting your Mobile Deposit Account for such checks and items even if received and accepted after the applicable Cutoff Time specified in the relevant deposit account agreement governing your Mobile Deposit Account. In the event that M&T establishes later Cutoff Times for checks and items deposited via MDS, we reserve the right to change the Cutoff Times at any time as permitted by law. Regardless of whether M&T establishes later Cutoff Times for checks and items deposited via MDS, you understand and agree that checks and items must be received and accepted by M&T before the applicable Cutoff Time and must not be incomplete, illegible or erroneous to be eligible for same-day crediting. See the Frequently Asked Questions, or FAQs, at mtb.com/olb-mobileappFAQs for details on Cutoff Time for MDS.
10. Availability of Funds. Deposits may not be available for immediate withdrawal. The availability day and/or date displayed on the M&T Mobile app is general guidance and may differ from when your funds are actually made available.
  For Personal Accounts, we will make funds available for checks and items received, accepted, and successfully processed through MDS according to our availability disclosure for your Mobile Deposit Account. For more information, see the FAQs and account disclosures.
  
  If your Mobile Deposit Account is in a business or commercial product, checks and other items received, accepted, and successfully processed through MDS are not subject to the availability timeframes within the availability disclosure for your Mobile Deposit Account, and you may receive less favorable funds availability (e.g., availability delayed an additional business day) than that disclosure provides.
11. Temporary Retention and Disposal of Transmitted Checks and Items. You agree never to represent to us or any other party a check or item that has been deposited through MDS unless we notify you that the check or item has not been accepted for deposit through MDS. You will promptly provide any check or item, or a sufficient copy of the front and back of the check or item, to M&T as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any check or item, or for M&T's audit purposes. You agree to safeguard and keep the original item for at least two business days or until your mobile check deposit has posted (whichever is longer). You agree to securely destroy or otherwise properly dispose of checks and items that have been accepted for deposit through MDS and have cleared to ensure that such checks and items are not represented for payment and, prior to disposal or destruction, to safeguard such checks and items. Business Customers shall create and maintain written policies and procedures for the safe and secure retention and subsequent destruction of the original paper Items and/or copies of such items.
12. Deposit Limits. For security reasons, we reserve the right to impose limits on the amount(s) and/or number of deposits (over a period of time set by us) that you transmit using MDS. Such limits are subject to change without notice at M&T's discretion. If you are enrolled in MDS, you may check your current limit by logging in to the Mobile Banking app or by selecting Mobile Deposit under the Services menu within Online Banking. If you have questions about your limits contact M&T Customer Service (Section M8).
13. Presentment. The way the checks and items are cleared, presented (or represented) for payment, and collected shall be in M&T's sole discretion as set forth in the relevant deposit account agreement governing your Mobile Deposit Account.
14. Promises You Make to Us; Indemnity. You warrant to M&T that:
  1. You will only transmit eligible checks and items that you are entitled to enforce; all checks and items will include all signatures required for their negotiation.
  2. Images will meet M&T's image quality standards in effect from time to time.
  3. You will not transmit an image or images of the same check or item to us more than once and will not deposit or negotiate, or seek to deposit or negotiate, such check or item with any other party.
  4. You will not deposit, represent, or otherwise transfer or negotiate the original check or item with M&T or any other party.
  5. All information you provide to M&T is accurate, legible, and true, including that all images transmitted to M&T accurately reflect the front and back of the original image of the check or item, as originally drawn, at the time it was scanned.
  6. You will comply with this section and all applicable rules, laws and regulations.
  7. You will comply with the Security procedures outlined in Section G(6).
  8. You will use MDS only for your own deposits and will not allow the use of MDS by way of a service bureau business, timesharing, or otherwise disclose or allow use of MDS by or for the benefit of any third party.
  9. You will only use MDS in locations in which use of MDS is permitted.
  You agree to defend, indemnify and hold M&T, and M&T's officers, affiliates, employees and agents harmless from and against any actions, claims, losses, demands, liabilities, litigation, or damages (including attorney's fees and expenses of litigation) as a result of any loss for breach of this warranty provision or the terms of this section.
15. Changes to MDS. We reserve the right to terminate, modify, add and remove features from MDS at any time in our sole discretion. You may reject changes by discontinuing use of MDS. Your continued use of MDS will constitute your acceptance of and agreement to such changes. Maintenance to MDS may be performed from time to time resulting in interrupted service, delays or errors in MDS and we shall have no liability for any such interruptions, delays or errors. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided.
16. Ownership and License. You agree that M&T retains all ownership and proprietary rights in MDS, associated content, technology, and website(s). You agree not to copy, disassemble, decompile, or otherwise reverse engineer any part of MDS, including the App. You may use MDS only for your own benefit. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide MDS. In the event that you attempt to use, copy, license, sublicense, sell or otherwise convey or to disclose the App or any other part of MDS, in any manner contrary to the terms of this section, we shall have, in addition to any other remedies available to us, the right to injunctive relief enjoining such actions.
17. Questions. In case of questions or errors related to Mobile Deposit Service:
  - Telephone us at 1-800-790-9130, or
  - Write us at M&T Bank, P.O. Box 4627, Buffalo, New York 14240-4627
18. M&T Flash Funds™. M&T Flash Funds provides you with the option to make your mobile deposit immediately available for withdrawal. If a check you are depositing qualifies for M&T Flash Funds, you will be provided with the option to select between standard funds availability at no additional charge, or if you need the funds sooner, you can select M&T Flash Funds. There is a fee for each item that you select M&T Flash Funds to apply to. For fee information, please refer to Section N of this Agreement for the Digital Services Fee Schedule. The fee will be deducted from your account following the completi

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M&T Digital Services Agreement

Table of Contents

Preliminary General Provisions.

M&T Online Banking

Bank to Bank Transfers (Personal Accounts)

Online Check Search and Stop Payment

Statements and Notices Service

M&T Mobile Banking

M&T Mobile Deposit