I also suggest you include a provision that, if a check is mobile deposited with you and also deposited with another bank and your bank becomes accountable for the funds due to a duplicate payment either because the item was returned to your bank or because your bank has to honor an indemnity claim by a bank that accepted the paper check for deposit, your bank will have the right to charge the customer's account for the amount of the check or of the indemnity payment, as the case may be.
Get an attorney to suggest the language. If the attorney asks what sort of indemnity claim might be involved, have the attorney look up Regulation CC (12 CFR Part 229), §§
229.34(f), (
i), and (
k).