Foothill Federal Credit Union Mobile Check Deposit - REMOTE DEPOSIT CAPTURE SERVICES DISCLOSURE AND AGREEMENT
Effective: April 2013
In this Disclosure and Agreement, the words “I,” “me,” “my,” “us” and “our” mean the member that applied for and/or uses any of the Mobile Check Deposit - Remote Deposit Capture Services (the “Services”) described in this Disclosure and Agreement. The words “you,” “your,” and “yours” mean Foothill Federal Credit Union. My Application for use of the Remote Deposit Capture Services, your notification of approval of my application, and my Foothill Federal Credit Union Electronic Services Disclosure is hereby incorporated into and made a part of this Disclosure and Agreement. In the event of a discrepancy between this Disclosure and Agreement or the Account Agreement, this Disclosure and Agreement will control.
Use of the Services. Following my acceptance of this agreement, I am authorized by you to remotely deposit paper checks through the Mobile Check Deposit application. I can remotely deposit checks I receive to my account with you (the “Account”) by electronically transmitting a digital image of the paper checks to you for deposit. My use of the Services constitutes my acceptance of the terms and conditions of this Disclosure and Agreement. I agree to comply with the hardware and software requirements set forth by Foothill Federal Credit Union. Upon receipt of the digital image, you will review the image for acceptability. I understand and agree that receipt of an image does not occur until after you notify me of receipt of the image via onscreen messaging and/or email notification. I understand that, in the event I receive a notification from you confirming receipt of an image, such notification does not mean that the image contains no errors. I understand that I am responsible for any information I transmit to you. You are not responsible for any image that you do not receive. Following receipt of the image, you may process the image by preparing a “substitute check” or clearing the item as an image. Notwithstanding anything to the contrary, you reserve the right, within your sole and absolute discretion, to accept or reject any item for remote deposit into my Account. I understand that any amount credited to my Account for items deposited using the Services is a provisional credit and I agree to indemnify you against any loss you suffer because of your acceptance of the remotely deposited check.
In addition I agree that I will not (i) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service, (ii) copy or reproduce all or any part of the technology or Service; or (iii) interfere, or attempt to interfere, with the technology or Service.
Guarantee Specific to Deposits Received for Credit to a Business Account:
My use of the Services for the purpose of depositing to a Business Account constitutes my understanding and agreement that I may be personally liable for any expenses Foothill Federal Credit Union incurs in attempting to obtain final payment for the item in question, outside of the routine costs associated with item processing, in the event of a default by the Business. This includes but is not limited to recovery of the amount credited in the event of non-payment, collection costs and attorney’s fees as applicable, as well as any and all costs associated with Foothill Federal Credit Union enforcing this Guarantee. This Guarantee shall benefit the Foothill Federal Credit Union and its successors and assigns.
Compliance with Law.I agree to use the products and Service for lawful purposes and in compliance with all applicable laws, rules and regulations, as well as all laws pertaining to the conduct of my business if applicable. I warrant that I will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations. I promise to indemnify and hold you harmless from any damages, liabilities, costs, expenses (including attorneys’ fees) or other harm arising out of any violation thereof. This indemnity will survive termination of my Account and this Agreement.
Check Requirements. Any image of a check that I transmit to you must accurately and legibly provide all the information on the front and back of the check at the time presented to me by the drawer. Prior to capturing the original check, I will indorse the back of the original check. My endorsement will include the account number to which I am making the deposit, including the words Mobile Check Deposit. The image of the check transmitted to you must accurately and legibly provide, among other things, the following information: (1) the information identifying the drawer and the paying bank that is preprinted on the check, including complete and accurate MICR information and the signature(s); and (2) other information placed on the check prior to the time an image of the check is captured, such as any required identification written on the front of the check and any endorsements applied to the back of the check. The image quality for the check will meet the standards for image quality established by the American National Standards Institute (“ANSI”), the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association.
Rejection of Deposit.You are not liable for any service or late charges levied against me due to your rejection of any item. In all cases, I am responsible for any loss or overdraft plus any applicable fees to your Account due to an item being returned.
Items Returned Unpaid. Notice will be sent to me of transactions you are unable to process because of returned items. With respect to any item that I transmit to you for remote deposit that you credit to my Account, in the event such item is dishonored, I authorize you to debit the amount of such item from the Account.
Email Address. I agree to notify you immediately if I change my email address, as this is the email address where you will send me notification of receipt of remote deposit items or communicate to me regarding any remote deposit items, if necessary.
Unavailability of Services.I understand and agree that the Services may at times be temporarily unavailable due to the Financial Institution’s system maintenance or technical difficulties including those of the Internet service provider, cellular service provider and Internet software. In the event that the Services are unavailable, I acknowledge that I can deposit an original check at your branches or through your ATMs or by mailing the original check to you at Foothill Federal Credit Union, PO Box 660130, Arcadia, CA 91006-0130. It is my sole responsibility to verify that items deposited using the Services have been received and accepted for deposit by you. However, you will email notification of items that are rejected by the next business day following rejection.
Business Days and Hours. Foothill Federal Credit Unions business days and hours are Monday through Thursday, 8:00 am – 5:00 pm and Friday, 8:00 am -6:00pm, excluding Federal holidays.
Foothill Federal Credit Union Operating Hours and Contact Information:
Monday – Thursday: 9:30 am – 5:00 pm
Friday: 9:30 am – 6:00 pm
Saturday: 9:30 am – 1:30 pm
(Arcadia and Glendora)
Phone Center Hours
Monday – Thursday: 8:00 am – 5:00 pm
Friday: 8:00 am – 6:00 pm
Saturday: 9:30 am – 1:30 pm
Foothill Federal Credit Union
P.O. Box 660130 Arcadia,
Email address: firstname.lastname@example.org
Funds Availability. I understand and agree that, for purposes of deposits made using the Services, the place of deposit is Arcadia, CA. With regard to the availability of deposits made using the Services, such funds will be available as set forth below.
YOUR ABILITY TO WITHDRAW FUNDS
Your policy is to make funds from my cash and check deposits available to me not later than the first business day after you receive my deposit. Electronic direct deposits will be available on the effective date of the deposit. Once they are available, I can withdraw the funds in cash and you will use the funds to pay checks that I have written. For determining the availability of my deposits, everyday is a business day, except Saturdays, Sundays, and Federal holidays. If I make a deposit before close of business on a business day that you are open, you will consider that day to be the day of your deposit. However, if I make a deposit after close of business or on a day you are not open, I will consider that the deposit was made on the next business day you are open.
LONGER DELAYS MAY APPLY
In some cases, you will not make all of the funds that I deposit by check available to me on the first business day after my deposit. Depending on the type of check that I deposit, funds may not be available until the second business day after the day of my deposit. The first $200 of my deposit, however, may be available on the first business day. If you are not going to make all the funds from your deposit available on the first business day after your deposit, you will notify me at the time I make the deposit. You will also tell me when the funds will be available. If my deposit is not made directly to one of your employees (for example, at an ATM, or Night Drop), or if you decide to take this action after I have left the premises, you will mail me the notice by the day after you receive my deposit. If I will need the funds from a deposit right away, I should ask you when the funds will be available. In addition, funds I deposit by check may be delayed for a longer period under the following circumstances:
1. You believe the collectibility of a check I deposited is doubtful.
2. I deposit checks totaling more than $5,000 on any one day.
3. I re-deposit a check that has been returned unpaid.
4. I have overdrawn my account three or more times in a six month period.
5. There is an emergency, such as failure of communications or computer equipment.
You will notify me if you delay my ability to withdraw funds for any of these reasons, and you will tell me when the funds will be available. They will generally be available no later than the seventh business day after the day of my deposit.
SPECIAL RULES FOR NEW ACCOUNTS
If I am a new member, the following, special rules will apply during the first 30 days my account is open. Funds from electronic direct deposits to my account will be available on the effective date of the deposit. Funds from deposits of cash, wire transfers, and the first $5,000 of a day’s total deposits of cashier’s certified, teller’s, traveler’s and federal, state and local government checks will be available on the first business day of my deposit if the deposit meets certain conditions. For example, the checks must be payable to me. The excess over $5,000 will be available no later than the 9th business day after the day of my deposit. If my deposit of these checks (other than a U.S. Treasury check) is not made in person to one of your employees, the first $5,000 will not be available until the second business day after the day of my deposit. Funds from all other check deposits will be available no later than the ninth business day after the day of my deposit.
HOLDS ON OTHER FUNDS (OTHER ACCOUNT):
If you accept for deposit a check that is drawn on another bank, you may make funds from the deposit available for withdrawal immediately but delay my availability to withdraw a corresponding amount of funds that I have on deposit in another account with you. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that I deposited.
SPECIAL NOTICE REGARDING ENDORSEMENT STANDARDS
The federal law dealing with funds availability requires the financial institution’s endorsement area on the back of a check be kept clear or unobstructed. This rule is designed to prevent unnecessary delays in processing my deposits as well as to promote speedier returns of dishonored checks. Only the 1-1/2 inch space from the “trailing edge” (the left edge of the check when it is facing me) can be used by me for endorsements or any other markings. You will not be responsible for any damages incurred in the event I deposit an item which is subsequently returned unpaid by the paying bank and the return is “late” due to markings on the check caused by me or a prior endorser on the back of the check. In the event that I draw a check on my checking or loan account with you, I am responsible for any delay or misrouting of the check caused by markings placed on the check by me that obscure any depository endorsements placed by you or your agent and I agree to hold you harmless and indemnify you from any liability due to such delay or misrouting.
Internal Controls and Audit.
Mobile Check Deposit deposit limits may change at any time without any prior notification. Foothill Federal Credit Union reserves the right to revoke the service, reject or adjust any deposits upon submission of the scanned items.
Account holder’s Warranties
I make the following warranties and representations with respect to each image of an original check I transmit to you utilizing the Services:
1) Each image of a check transmitted to you is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
2) The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
3) I will not deposit or otherwise indorse to a third party the original item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paid.
4) Other than the digital image of an original check that I remotely deposit through your Services, there are no other duplicate images of the original check.
5) I have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.
6) I am authorized to enforce each item transmitted or am authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item.
7) The information I provided in my Application remains true and correct and, in the event any such information changes, I will immediately notify you of the change.
8) I have not knowingly failed to communicate any material information to you.
9) I have possession of each original check deposited using the Services and no party will submit the original check for payment.
10) Files and images transmitted to you will contain no viruses or any other disabling features that may have an adverse impact on your network, data, or related systems.
Storage of Original Checks. I must securely store each original check. If I am using the Service to deposit items into an account in the name of a Business to which I am a party I understand this means the original check(s) must be accessible only [under dual control] by my authorized personnel, that I deposit using the Services for a period of 30 days after transmission to you. Persons who have access to the stored checks must be fully bondable and have passed a thorough screening. After such period expires, I will destroy the original check. I understand and agree that I am responsible for any loss caused by my failure to secure the original checks.
Securing Images on Mobile Devices. When using Mobile Check Deposit, I understand that check images captured using my mobile device are stored on the device only until the associated deposit has been successfully submitted. I agree to promptly complete each deposit. In the event that I am unable to promptly complete my deposit, I agree to ensure that my mobile device remains securely in my possession until the deposit has been completed or to delete the associated images from the application.
Accountholder’s Indemnification Obligation.I understand and agree that I am required to indemnify you and hold you harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses arising from my use of the Services and/or breach of this Disclosure and Agreement. I understand and agree that this paragraph shall survive the termination of this Agreement.
In Case of Errors. In the event that I believe there has been an error with respect to any original check or image thereof transmitted to you for deposit or a breach of this Agreement, I will immediately contact you regarding such error or breach as set forth below.
Telephone you at: (626) 445-0950 or e-mail you at email@example.com
Limitation of Liability. I understand and agree that you are not responsible for any indirect, consequential, punitive, or special damages or damages attributable to my breach of this Disclosure and Agreement.
Charges for Use of the Services. All charges associated with the Services are disclosed in your Schedule of Fees (https://www.foothillcu.org/Schedule_Of_Fees_176.html) which accompanies this Disclosure and Agreement.
Warranties. I understand that Foothill FEDERAL cREDIT UNION does not make any warranties on equipment, hardware, software or Internet Provider Service, or any part of them, expressed or implied, including, without limitation, any warranties of merchantability or fitness for a particular purpose. FOOTHILL FEDERAL CREDIT UNION is not responsible for any loss, injury or damages, whether direct, indirect, special or consequential, caused by the Internet Provider, any related software, or FOOTHILL FEDERAL CREDIT UNION’S use of any of them or arising in any way from the installation, use, or maintenance of my personal computer hardware, software, or other equipment.
Change in Terms. You may change the terms and charges for the Services indicated in this Disclosure and Agreement by notifying me of such change in writing and may amend, modify, add to, or delete from this Disclosure and Agreement from time to time. My use of the Services after receipt of notification of any change by you constitutes my acceptance of the change.
Termination of the Services. I may, by written request, terminate the Services provided for in this Disclosure and Agreement. You may terminate my use of the Services at any time without notice. In the event of termination of the Services, I will remain liable for all transactions performed on my Account.
Relationship to Other Disclosures. The information in these Disclosures applies only to the Services described herein. Provisions in other disclosure documents, as may be revised from time to time, remain effective for all other aspects of the Account.
Governing Law. I understand and agree that this Disclosure and Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by and construed in accordance with the internal laws of California, notwithstanding any conflict-of-laws doctrines of such state or other jurisdiction to the contrary. I also agree to submit to the personal jurisdiction of the courts of California.
Periodic Statement. Any remote deposits made through the Services will be reflected on my monthly account statement. I understand and agree that I am required to notify you of any error relating to images transmitted using the Services by no later than 60 days after I receive the monthly periodic statement that includes any transaction I allege is erroneous. I am responsible for any errors that I fail to bring to your attention within such time period.
Limitations on Frequency and Dollar Amount. I understand and agree that I cannot exceed the limitations on frequency and dollar amounts of remote deposits that are set forth by you.
Unacceptable Deposits. I understand and agree that I am not permitted to deposit the following items using the Services:
1) Any item drawn on my account or my affiliate’s account.
2) Any item that is stamped with a “non-negotiable” watermark.
3) Any item that contains evidence of alteration to the information on the check.
4) Any item issued by a financial institution in a foreign country.
5) Any item that is incomplete.
6) Any item that is “stale dated” or “post dated.”
7) Savings Bonds
8) Any third party check, items(s) made payable to someone other than myself or other authorized signers on the account
9) Any item with a restrictive endorsement
Changes in Financial Circumstances.I understand and agree that I must inform you immediately in the event a material change in my financial circumstances as or in any of the information provided in my Application including any supporting financial information. If I am using the Service to deposit items into an account in the name of a Business to which I am a party, this includes, but is not limited to, notification of the following: (a) changes in transaction volumes at my business; (b) any change in a representation or statement made or furnished to you by me or on my behalf in my Application; (c) a material change occurs in my ownership or organizational structure (acknowledging that any change in ownership will be deemed material when ownership is closely held); (d) I liquidate or dissolve, or enter into any consolidation merger, partnership, or joint venture; (e) I sell any assets except in the ordinary course of my business as now conducted, or sell, lease, assign or transfer any substantial part of my business or fixed assets or any property or other assets necessary for the continuance of my business as now conducted including, without limitation, the selling of any property or other assets accompanied by the leasing back of the same; (f) I cease doing business, become insolvent, a receiver is appointed for all or any part of my property, I make an assignment for the benefit of creditors, or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws or any other law or laws relating to debtors; (g) any guaranty of my indebtedness to you, whether related or unrelated to the Account or the Services, ceases to be in full force and effect or is declared to be null and void; or the validity or enforceability thereof is contested in a judicial proceeding; or any guarantor denies that it has any further liability under such guaranty; or any guarantor defaults in any provision of any guaranty, or any financial information provided by any guarantor is false or misleading); (h) I or any guarantor dies; if I am a sole proprietorship, the owner dies; if I am a partnership, any general or managing partner dies; if I am a corporation, any principal officer or 10.00% or greater shareholder dies; if I am a limited liability company, any managing member dies; if I am any other form of business entity (any person(s) directly or indirectly controlling ten percent (10.00%) or more of the ownership interests of such entity dies; (i) any creditor tries to take any of my property on or in which you have a lien orsecurity interest, including a garnishment of any of my accounts with you; (j) a judgment or judgments is entered against me or any guarantor(s) in the aggregate amount of $250 or more that is not satisfied within thirty (30) days or stayed pending appeal; (k) an involuntary lien or liens is attached to any of my assets or property and not satisfied within thirty (30) days or stayed pending appeal; (l) an adverse change occurs in my financial condition or applicable credit histories; and (m) I am in default under any agreement for borrowed money or any other material contract. I agree to provide you any financial records you reasonably request to determine my financial status during the term of this Disclosure and Agreement.
Confidentiality. I acknowledge and agree that confidential data relating to your Services, marketing, strategies, business operations and business systems (collectively, “Confidential Information”) may come into my possession in connection with this Disclosure and Agreement. I understand and agree that I am prohibited from disclosing and agree to maintain the confidentiality of your Confidential Information.
Waiver. The failure of either party to seek a redress for violation, or to insist upon the strict performance, of any covenant, agreement, provision, or condition hereof shall not constitute the waiver of the terms or of the terms of any other covenant, agreement, provision, or condition, and each party shall have all remedies provided herein with respect to any subsequent act which would have originally constituted the violation hereunder.
Relationship. This Disclosure and Agreement does not create, and shall not be construed to create, any joint venture or partnership between the parties. No officer, employee, agent, servant, or independent contractor of either party shall at any time be deemed to be an employee, servant, agent, or contractor of the other party for any purpose whatsoever.