TERMS AND CONDITIONS OF REMOTE DEPOSIT CAPTURE DISCLOSURE AND AGREEMENT
The Remote Deposit Capture Disclosure and Agreement (this “Agreement”) is incorporated by this reference and becomes a part of University Credit Union's (the “Credit Union,” “we,” “us,” or “our”) Remote Deposit Capture Disclosure and Agreement effective April 30, 2015. All other terms and conditions of your Remote Deposit Capture Disclosure and Agreement, as amended, remain in force.
REMOTE DEPOSIT CAPTURE SERVICES
The Remote Deposit Capture Service (this “Service”) allows you to remotely deposit paper checks from your mobile device to your Credit Union account by electronically transmitting a digital image of the paper check to the Credit Union.
The following are requirements that must be met for initial approval to use this Service.
- Membership account must be open for a minimum of 90 days.
- At least 18 years old.
- Account must be positive.
- No delinquent loans.
- No history of excessive or repeated returned items.
- Other factors may also be considered.
This Agreement contains the terms and conditions for the use of this Service that the Credit Union provides to consumer accounts for personal, family, and household purposes. In this Agreement, the plural form of a word also means the singular, and vice versa. “You,” “your,” or “yours” means everyone who signs any application or agreement for an account or an account service with us, or who is authorized to make transactions regarding your Account as provided in other agreements and disclosure governing your Account or by applicable. “Account” means any one or more checking accounts you have with the Credit Union.
Your acceptance of this Agreement and your use of this Service means that you agree to all terms and conditions in this Agreement in addition to the [Account Agreement and Disclosures] provided to you at account opening. Please read this Agreement carefully and keep a copy for your records. You may use this Service for personal, family, and household purposes only.
To use this Service, you must meet the following criteria:
- You must have a smart phone with an enabled camera and service plan that includes data and Internet access. Third party fees may apply for data and Internet access and are your responsibility. Contact your smart phone device carrier for additional information.
- You must have the TouchBanking Mobile Application installed on your smart phone device. The TouchBanking Mobile Application can be downloaded from your device's application store. The Operating System version must be compatible with the latest version of the application as determined by your device's application store.
- You must be enrolled in the E*branch Internet Account Access Service.
Neither we nor our service providers can always foresee or anticipate technical difficulties related to this Service. These difficulties may result in loss of data, personalized settings, or other Remote Deposit Capture Service interruptions. Neither we nor any of our service providers assume responsibility for the timeliness, deletion, misdelivery, or failure to store any user data, communications, or personalized setting in connection with your use of Remote Deposit Capture Service. You understand and agree that the Remote Deposit Capture Service may at times be temporarily unavailable due to system maintenance or technical difficulties including those of the Internet service provider, cellular service provider, and Internet software. Neither we nor any our service providers assume responsibility for the operation, security, functionality or availability of any Mobile Device, or network which you utilize to access this Service.
Please refer to the Credit Union’s current fee schedule for any fees related to this Service.
HOW TO NOTIFY US IN CASE OF ERRORS
If you believe there has been an error with respect to any original check or image transmitted to the Credit Union for deposit, call us at (786) 425-5000 or (800) 919-5582 or write us at 13241 SW 136th Street, Miami, FL 33186.
CUT-OFF TIME AND CREDIT TO YOUR ACCOUNT
Deposits received prior to 2:00 p.m., Eastern Time, on a business day the Credit Union is open will be credited to your account on the same business day. Deposits received after 2:00 p.m., Eastern Time, or on any day the Credit Union is not open, including holidays, will be credited on the next business day. Business days are defined as Mondays through Fridays with the exception of federal holidays.
Any credit to your account for checks deposited through this Service is provisional. If a check deposited through this Service is dishonored, rejected, or otherwise returned unpaid by the drawee bank for any reason, including, but not limited to, issues relating to the quality of the image, you agree that an original check will not be returned to you, but that the Credit Union may charge back the amount of the original check and provide you with an image of the original check, a paper reproduction of the original check, or a substitute check. You will reimburse the Credit Union for all loss, cost, damage or expense caused by or relating to the processing of the returned check. Without the Credit Union’s approval, you will not attempt to deposit or otherwise negotiate an original check if it has been charged back to you.
The Credit Union may debit any of your accounts to obtain payment for any item that has been rejected or returned for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.
The Credit Union’s policy is to make the first $200 in funds from an image of an item you submit through this Service available to you on the first (1st) business day after the day we receive your deposit. The remainder of your funds will be available on the second (2nd) business day after we receive your deposit. If we are not going to make all of the funds from your deposit available on the second (2nd) business day, we will notify you after we receive your deposit. If you will need the funds from a deposit right away, you should ask us when the funds will be available.
You agree to image and deposit only “checks” as that term is defined in Federal Reserve Regulation CC, Availability of Funds and Collection of Checks (“Regulation CC”) (i.e. drafts drawn on a credit union, savings and loan or bank and payable on demand). When the image of the check transmitted to the Credit Union is converted to an “image replacement document” for subsequent presentment and collection, it will thereafter be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code.
REQUIREMENTS OF CHECKS TRANSMITTED
Prior to scanning the check, you must add our required endorsement of “For Mobile Deposit Only”, your signature endorsement, deposit date, and your Credit Union account number to the back of the check. You agree to follow any and all other procedures and instructions for use of this Service as the Credit Union may establish from time to time.
- You must provide the Credit Union a complete, legible and accurate image of the front of the check showing the name of the drawer/payor and signature(s), the paying bank's pre-printed information, MICR encoded information, the name of the payee and the payment amount information.
- You must also provide the Credit Union a complete, legible and accurate image of the back of the check showing your signature endorsement.
All deposits are subject to later verification by us. We may return or refuse to accept all or any part of a deposit to your Account using this Service at any time and will not be liable for doing so even if such action causes checks or other debits to your Account to be dishonored and returned. The current individual item dollar limit is $1,500.00 and the current daily dollar aggregate item limit is $1,500.00. There is no daily or monthly statement cycle limit on the number of items, as long as the respective dollar limits are not exceeded. The following are examples of items not accepted for deposit through this Service (this list is not exhaustive):
- Items made payable to a third party (i.e., any person or entity not a party to the account).
- Items drawn on your account or your affiliate’s account.
- Items displaying a "non-negotiable," "void" or similar notation or watermark.
- Items containing evidence of alteration or other indicators that call into question either the authenticity of the item or your authority to negotiate it.
- Items dated more than six (6) months prior to the date of deposit.
- Items previously converted to a substitute check or items that are remotely created checks as defined by Regulation CC.
- Items issued by or through a financial institution in a foreign country.
- Items not payable in United States currency.
- Items with incomplete or illegible information.
- Items that are savings bonds.
Based on the Check 21 standards, check image quality is required to meet certain specifications. As a member using Remote Deposit Service, there are certain quality controls that need to be in place, including:
- Checks should be written in blue or black ink.
- Handwriting must be legible.
- Checks should be uniform in shape.
- The MICR line must appear to be fully intact.
- Checks should be signed and endorsed as requested by the Credit Union.
- Image must be taken under sufficient lighting.
You are solely responsible for:
- Transmitting to the Credit Union a complete, accurate and legible image of the front and back of the original check without any alteration.
- Paying any overdraft or NSF fee charged by the Credit Union or any third party as a result of the Credit Union's rejection of any item(s), or for any item(s) returned unpaid.
- Ensuring the safekeeping or destruction of the original item after the item has been scanned, transmitted and deposited electronically.
RETENTION AND DISPOSAL OF ITEMS
Upon your receipt of confirmation that the Credit Union has received the image of an item, you agree to mark the item prominently as “Void” and to dispose of the item in a way that prevents it from being presenting again for payment. You agree to retain each item for a period of 60 days and agree to secure each item until such proper disposal is performed. You agree to promptly provide any retained item to us as requested to aid in the clearing and collection process or to resolve claims with respect to any item.
COOPERATION WITH INVESTIGATIONS
You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through this Service in your possession and your records relating to such items and transmissions.
By using this Service, you represent and warrant that:
- The item transmitted is a complete, accurate and unaltered item payable to you, that it originated as a paper item, and that you are legally entitled to negotiate it.
- The original check has not and will not be: (i) deposited; (ii) endorsed to a third party; or (iii) otherwise negotiated or submitted for payment, either before or after transmitting the digital image through this Service.
- No other duplicate images of the original check have been made.
- The electronic image of the check, or any substitute check as defined by federal law, will become the representation of the check for all purposes (except funds availability) including return item processing.
- Any files and images transmitted to the Credit Union will not contain any viruses or any other disabling features that may have an adverse impact on the Credit Union's network, data, or related system.
- You will comply with this Disclosure and Agreement and all applicable rules, laws and regulations.
- You are not aware of any factor which may impair the collectability of the item.
- You agree to indemnify and hold harmless the Credit Union from any loss, due in whole or in part, to the breach of this warranty provision.
BY ENROLLING IN THE REMOTE DEPOSIT CAPTURE SERVICE YOU ARE AGREEING TO THE TERMS AND CONDITIONS IN THE REMOTE DEPOSIT CAPTURE DISCLOSURE AND AGREEMENT. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THIS WEBSITE. PLEASE READ THE DISCLOSURE CAREFULLY AND PRINT IT FOR YOUR RECORD. A COPY OF THIS AGREEMENT CAN BE PRINTED BY USING YOUR BROWSER’S PRINT COMMAND AND A PRINTER.