UFCW COMMUNITY FEDERAL CREDIT UNION
REMOTE DEPOSIT CAPTURE (RDC) SERVICES AGREEMENT
ALL CHECKS MUST BE ENDORSED ON THE BACK WITH A SIGNATURE AND THE WORDS “FOR MOBILE DEPOSIT UFCW COMM FCU”
Deposits will be rejected without this endorsement
This Remote Deposit Capture Services Agreement (“Agreement”) is a contract between you and UFCW Community FCU which establishes terms and conditions for the use of UFCW’s Remote Deposit Capture Services (“Remote Deposit” or “Services”). By enrolling to use the Service, you agree to be bound by the terms and conditions contained in the Agreement.
Description of Service - Remote Deposit allows you to deposit money into your UFCW Community FCU accounts with your mobile device camera using the Mobile Application or “Mobile App”. To use Remote Deposit, you must be a UFCW Community FCU account holder and have agreed to the Online Banking and RDC Agreements. You may transmit deposits to us electronically only from a remote capture device located in the United States.
Other Agreements – In addition to this Agreement, the use of UFCW’s Remote Deposit Capture Services is governed by any other existing agreements between you and UFCW Community FCU unless expressly stated herein otherwise, including but not limited to, your Membership Agreement, e-banking Agreement and Disclosure, and any other agreement between you and UFCW. This Agreement does not amend or supersede any of those agreements.
Fees - There is no fee to use Remote Deposit at UFCW Community FCU. Internet data usage rates may apply from your Internet service provider or mobile carrier, as well as limitations or restrictions that might impact your use of the Service. Your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving UFCW Community FCU.
Equipment - To use Remote Deposit, at your own expense, you must have a supported mobile device, such as a smartphone or tablet that is compatible with the Mobile App, with a camera and a supported operating system, have a data plan for your mobile device, and download the App to your mobile device. We do not guarantee that all mobile devices and operating systems are compatible with the Service. UFCW Community FCU is not responsible for any third-party software you may need to use the device. Any such software is accepted by you and is subject to the terms and conditions of the software agreement you enter into directly with the third-party software provider at the time of download and installation.
Definitions– In this Agreement, the following terms have the following meanings:
a) “You” and “your” means the UFCW member who enrolls in or uses the internet banking services.
b) “We”, “us”, and “our” means UFCW Community FCU.
c) “Remote Deposit Capture Services” or “Services” means the use of software and/or hardware provided by UFCW to capture images of eligible items and deposit them to eligible accounts.
d) “Accounts” means the accounts on which you are the owner or co-owner at UFCW Community FCU, and for which remote deposit capture services are available.
e) “Business days” are Monday through Friday, Excluding Federal Bank holidays.
Eligible Accounts – To be eligible for the Service, you must satisfy the following criteria at UFCW Community FCU:
· You must be a UFCW Community FCU member or joint owner of a UFCW Community FCU account in good standing;
· Have the Mobile Banking application for UFCW Community FCU;
· A checking and savings account, in good standing:
· Be at least 18 years of age or older;
· Current on all loans;
· No charge off share accounts or loans;
· Member for at least sixty (60 ) days;
· Valid and current mailing address on file at UFCW Community FCU; and,
· No more than six (6) overdrafts or returned deposited items in the past six (6) months.
You or we may terminate the Service on any account at any time and for any reason. Only checks may be deposited through the Service. By depositing an item through the Service, you agree and warrant that the following are true:
Eligible Items
a) The item is payable to the person or persons who own the account into which it is being deposited
b) The item has been properly endorsed under your Deposit Account Contract and applicable law. All checks deposited must be signed and have the words
“FOR MOBILE DEPOSIT UFCW COMM FCU” included as part of the endorsement on the back.
c) The item is not drawn on a financial institution located outside of the United States.
d) The item is payable in United States currency.
e) The item is not dated in the future or more than six (6) months prior to the date of deposit.
f) The item has not previously been presented for payment at UFCW Community FCU or to any other financial institution.
g) The item does not contain any alterations of which you know.
h) You do not know or believe the item to be fraudulent or unauthorized.
i) Checks that are in violation of any federal or state law, rule, or regulation.
j) Any other checks that violate any UFCW Community FCU policy.
We may review and verify any item deposited through the Service, and we may reject an item for deposit for any reason without liability. If we reject an item through Remote Deposit Capture Service, we may accept it through another channel (for example, UFCW branch)
Your Responsibility – You are solely responsible for the quality, completeness, accuracy, validity and integrity of the image. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible images to us or if RDC is used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable images to us. It is your duty to inform us of any incorrect amount deposited to your account. If you fail to notify UFCW Community FCU of an incorrect deposit and the funds are withdrawn, you are liable to us for the amount of the funds as well as any attorney costs and fees associated with UFCW Community FCU having to be reimbursed for such loss of funds. You are responsible for paying any overdraft or NSF fees for any items rejected by the Credit Union or for any items returned unpaid.
Image Quality – We may determine, at our sole discretion, whether an image of an item submitted through the Service is of sufficient quality for acceptance and presentment.
Receipt of deposits -We reserve the right to reject any check transmitted through the Service, at our discretion, without liability to us. UFCW Community FCU is not responsible for processing or transmission errors that may occur, or for deposited items that we do not receive.
Cut off Times for Deposits - Deposits sent using Remote Deposit Capture may be “Submitted” any time of the day, weekend, or holiday. However, deposits received by us after the daily cut-off time for electronic deposits will be deposited the next business day, provided that the deposit meets all requirements. Deposits submitted on holidays or weekends will also be deposited the next business day, provided it meets all requirements. The daily cut-off time for Remote Deposits is 3 PM and is subject to change without notice to you.
Errors – You agree that the provisions of your Membership and Account Agreement regarding your responsibilities to notify us of errors apply to items deposited through the Service. You agree that the deposit of an item through the Service is not an “Electronic Funds Transfer” under the Federal Consumer Financial Protection Bureau’s Regulation E. You agree to notify UFCW Community FCU of any suspected errors regarding items deposited immediately and in no event later than (30) days after the account statement is sent. Unless you notify the Credit Union within the proper amount of time, such statement(s) regarding all deposits made through the Service shall be deemed correct, and you are prohibited from bringing a claim against UFCW Community FCU for such an alleged error.
Errors in Transmission – By using the Service, you accept the risk of an item being intercepted or misdirected during transmission. UFCW Community FCU bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
AVAILABILITY OF FUNDS– Please review the FUNDS AVAILABILITY POLICY DISCLOSURE, which describes your ability to withdraw funds from transaction accounts at UFCW Community FCU. The Funds Availability Policy Disclosure may be found on the following: www.ufcwpa.org
General Policy – Our general policy is to make funds from your deposit of cash and checks (drawn on or payable through a Federal Reserve Bank or a Federal Home Loan Bank, the Treasury of the United States, or an office of a bank located in the United States) available to you on the 1st business day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once they are available, you can withdraw the funds, and we will use the funds to pay checks that you have written. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays and federal holidays.
Longer delays may apply – In some cases, we will not make all the funds you deposit by check available to you on the 1st business day we receive your deposit. Depending on the type of check you deposit, funds may not be available until the 2nd business day following the day of your deposit. However, the first $275.00 from a deposit of such checks will be available on the 1st business day after the day of your deposit. Any request for payment against funds on which a hold has been placed will be returned unpaid.
In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:
· We believe a check you deposit will not be paid.
· You deposit a check that has been returned unpaid.
· You have overdrawn your account repeatedly in the last six (6) months.
· There is an emergency, such as failure of communications or computer equipment.
We reserve the right to refuse an item for deposit.
Foreign checks -This Remote Deposit Capture Services Agreement does not apply to checks drawn on foreign banks in foreign countries (“Foreign Checks”). Your deposits of Foreign Checks must be presented at a physical UFCW Community FCU location.
Ineligible Checks - Checks payable to any person other than you, items previously converted to a substitute check, IRA or CD deposits, money orders or traveler’s checks, cashier’s checks, starter checks, American Express gift cheques, savings bonds, checks that require authorization, or any third-party checks.
Location of Check Endorsement - Federal law requires all check endorsements to be in the first 1 ½ inches of the trailing edge of the back of the check. The trailing edge is opposite the left side of the face of the check. The endorsement area on the back of the check is labeled “Endorse Here” or “Payee Endorsement”. All items deposited through Remote Deposit Capture must have a signature and the words “FOR MOBILE DEPOSIT UFCW COMM FCU” included as part of the endorsement on the back of the check. You will be responsible for any costs incurred by us due to delays in returning checks deposited into your account that do not comply with the endorsement standards.
Destruction of Original Images -After you use the RDC Service to deposit an item, you agree not to deposit the same item anywhere else or through any other channel. You agree to retain each item for thirty (30) calendar days from the date of the image transmission. After the thirty (30) calendar days and upon receipt of these funds, you agree to clearly mark the checks prominently as “VOID” and to dispose of the item(s) in a way that prevents them from being re-presented for payment. You agree to store each retained check in a secure location until such proper disposal can be performed. You agree to be liable for the failure to destroy items as described in this Agreement, or if an item is deposited through the RDC Service and the same item is later presented or deposited again.
Deposit Limits -We may establish limits on the total number of checks or total amount of checks deposited through the Service. We may establish or change such limits at any time and without notice to you.
User Security – You agree to take precautions to ensure the safety, security and integrity of your account and transactions while using the Service. You agree not to leave your device unattended while logged in and to immediately log off when finished. You agree not to give your username, password or other personal information to any unauthorized person(s). If you permit others to use your device, login or other means to access your account online, you are fully and wholly responsible for any transactions they may authorize and UFCW Community FCU will not be liable to you for any damages.
Disclaimer of Warranties – YOU AGREE THAT YOUR USE OF THE SERVICE AND ALL CONTENTS (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THIS SERVICE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW.
Limitation of Liability – YOU AGREE THAT UFCW COMMUNITY FCU, OR ITS AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY’S USE OF THE SERVICE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SERVICE, EVEN IF UFCW COMMUNITY FCU IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity -You agree to be solely liable for the use or misuse of the Service, and you agree to indemnify, defend and hold us and any third party provider of software or services harmless from any legal action or claim asserted against us and/or third party providers by any other party relating to your use of the Service and any claims, liabilities, damages, costs, and expenses (including reasonable attorney fees) incurred by us and/or its third party provider as a result of your use or misuse of the Service.
Limitations on Service - You agree not to hold us liable for interruptions in the availability or functionality of the Service, which may occur without notice to you for technical or other reasons.
Amendment -We may add to, change, or delete the terms of this Agreement by providing notice to you. We may also add to, change, or delete some functionalities or features of the Service at any time without notice. If you do not consent to a modification of this Agreement or the Service, you may terminate and discontinue your use of the Service at any time by notifying us.
Termination – This Agreement shall remain in full force and effect until such time as this Agreement is terminated by either party at any time. The UFCW Community FCU may immediately terminate this Agreement without notice if, in its sole discretion, it determines that you have abused the Service or UFCW Community FCU believes that it will suffer a loss or other damages if the Agreement is not terminated. UFCW Community FCU’s election to terminate this Agreement is in addition to any and all other remedies that may be available to UFCW Community FCU and will not affect any obligations you may have to the Credit Union.
No Waiver -We will not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies will operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.
Severability – The invalidity or unenforceability of any provision of this Agreement will in no way affect the validity or enforceability of the remainder of this Agreement or any of its provisions.
Applicable Law – This Agreement will be governed by and construed in accordance with Pennsylvania law to the extent not preempted by federal law.