This Mobile Deposit Service Agreement and Disclosure (this “Agreement”) is the contract that covers your and our rights and responsibilities concerning the Mobile Deposit service (“Mobile Deposit”) offered to you by Vantage West Credit Union (“Credit Union”). After you login to Online Banking, you may apply for Mobile Deposit, if your account qualifies. If approved, your use of Mobile Deposit or your clicking of the electronic “Accept” on the application page for Mobile Deposit shown on your mobile device constitutes your acceptance of this Agreement. We reserve the right to change the terms and conditions for use of Mobile Deposit, and we may amend, modify, add to or delete from this Agreement from time to time. Your continued use of Mobile Deposit will indicate your acceptance of the revised Agreement. You represent that you have read this Agreement, understand its terms and conditions, and will retain a copy for your records.
1. DESCRIPTION OF MOBILE DEPOSIT GENERALLY.
a. Definitions. In this Agreement, the words “you”, “your” and “yours” mean each and every of those account owners who request and use mobile Deposit, any joint owners of accounts accessed under this Agreement and any person authorized by you to use your Online Banking services. The words “we,” “us,” and “our” mean Vantage West Credit Union and our affiliates, as well as those third parties that assist us in providing Mobile Deposit (“Third Party Service Providers”). The word “account” means any one or more accounts you have with the Credit Union. If you use any features or products available on or through Mobile Deposit, each of you, jointly and severally, agrees to the terms and conditions in this Agreement, and any amendments, and to the separate agreements relating to such features, products or services, as well as all other agreements you have entered into with the Credit Union, including, but not limited to, the Membership and Account Agreement, the Online Banking Agreement and Disclosure, the Funds Availability Policy Disclosure, and your Account Card governing your account(s) (as amended from time to time, collectively referred to as the “other agreements”), which are incorporated by reference and made a part of this Agreement.
b. Mobile Deposit Service. Mobile Deposit is designed to allow you to make deposits of original paper check to your accounts from home or other remote locations by electronically transmitting digital images of those checks to us using your approved mobile device.
c. Equipment. To use Mobile Deposit, you must have a supported mobile device (e.g., smartphone, iPad, etc.) with a supported camera and a supported operating system, have a data plan for your mobile device, and download the Mobile Deposit App (the “App”) to your mobile device (collectively, “equipment”). See our website for current equipment specifications and instructions for downloading the App. We do not guarantee that your particular mobile device, mobile device camera, mobile device operating system or mobile carrier will be compatible with Mobile Deposit. You will be solely responsible for obtaining and maintain the equipment necessary to use Mobile Deposit and for any and all telecommunications and other expenses associated with accessing or using Mobile Deposit.
2. MOBILE DEPOSIT TERMS AND CONDITIONS.
a. Member Account. You must designate a Credit Union savings or checking or loan account as the settlement account to be used for the purposes of settling, transactions requested in connection with your use of Mobile Deposit. We will provide you with details of each specific transaction. You will be responsible for the reviewing and balancing of any settlement account.
b. Deposit Limits. 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 Mobile Deposit and to modify such limits from time to time. Currently, remote deposits are limited in amount to $2,500.00 per day, with a rolling 30-day limit of $5,000.00.
c. Eligible Items for Deposit. You agree to use Mobile Deposit to image and deposit only original checks (i.e., drafts drawn on financial institutions within the United States, excluding its territories, and payable on demand). You agree that the image of the original check transmitted to us will be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in Arizona (“UCC”). You agree that you
will not use Mobile Deposit to scan and deposit any checks or other items that:
i. Are payable to any person or entity other than you;
ii. Were previously deposited whether as an original item, substitute check, or image replacement document, without the Credit Union’s express written consent;
iii. Are “remotely created checks” as that term is defined in the Federal Reserve Regulation CC;
iv. Are drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are a joint owner or an authorized user/signer;
v. Contain evidence of alteration to the information on the original check or item, 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;
vi. Are drawn on a financial institution located outside the United States;
vii. Are “non-negotiable” (whether stamped in print or as a watermark);
viii. Are “stale dated” (more than six months old), expired, or “post dated”;
ix. Have been re-deposited or returned such as “non-sufficient funds” or “refer to maker” or returned for any other reason; or
x. Fail to meet the check requirements and other current procedures relating to Mobile Deposit or are otherwise not acceptable under the terms of your Credit Union account.
Nothing in this Agreement should be construed as requiring the Credit Union to accept any check or item for deposit, even if we have accepted that type of check or item previously. Nor shall we be required to identify or reject any checks or items that you may transmit and deposit that fail to meet the requirements of this Agreement.
d. Check Requirements. Each image of an original check that you transmit to us must provide all of the information on the front and back of the original check at the time presented to you by the drawer. The image quality must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearinghouse or association. The requirements include, but are not limited to, ensuring the following information clearly can be read and understood by sight review of an image: the information about the drawer and the paying financial institution that is preprinted on the original check, the amount of the original check (both written and numeric), the original check number, the date of the original check, the information captured from the magnetic ink character recognition (MICR) line of the original check containing the ABA (American Bankers Association) routing and transit number, signature(s), any required identification written on the front of the original check and your endorsement applied to the back of the original check – in accordance with the endorsement procedures set forth in paragraph (e) below. You agree to follow any and all other procedures and instructions for use of Mobile Deposit as we may establish from time to time. You agree, at your expense, to supply any information in your possession that we request regarding a check or item deposited or attempted to be deposited through Mobile Deposit.
e. Endorsement Procedures. Prior to transmitting an image through Mobile Deposit, you agree to restrictively endorse it as “FOR DEPOSIT ONLY, Vantage West Credit Union account #_____________” or as otherwise instructed by us. Endorsements must be made on the back of the original check within 1½ inches from the top edge, although we may accept endorsements outside this space. For a check payable to you and
any joint owner(s) of your account, the check must be endorsed by all such payees and you may only use Mobile Deposit to deposit such check into an account jointly owned by all such payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and any non-joint owner, you may not deposit the check into your account using Mobile Deposit. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your sole responsibility.
f. Receipt of Item; Funds Availability. You understand that following our receipt and processing of the image, funds from the original check will be made available for your withdrawal and/or use in accordance with the terms and conditions of our Funds Availability Policy Disclosure previously provided to you. For purposes of determining the availability of funds, original checks deposited using Mobile Deposit are considered received by the Credit Union when we notify you of receipt of the image via email notification. You understand and agree that electronically transmitting a digital image of an original check does not constitute receipt by the Credit Union. You understand that, in the event you receive an email notification from us confirming receipt of an image, such notification 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. We are not responsible for any image that we do not receive. Following receipt of the image, we may process the image by preparing a substitute check or clearing the item as an image. Notwithstanding anything to the contrary, we reserve the right, within our sole and absolute discretion, to accept or reject any item for remote deposit into your account and, in the event we reject an item for remote deposit, you understand and agree that you must deposit the original item. We will notify you of rejected items. You understand and agree that even if we do not initially reject an item you deposit through Mobile Deposit, we may return the substitute check we created because, among other reasons, the paying financial institution deems the image illegible. Our failure to reject such an item shall not limit your liability to us. For purposes of deposits made using Mobile Deposit, you understand and agree that the place of deposit is Tucson, Arizona.
g. Original Check Retention/Destruction. You understand and agree that all original checks electronically imaged and transmitted to us for deposit belong to you and not to the Credit Union. After you receive confirmation that we have received an image, you agree to securely store the original check for 60 days after transmission to us and make the original check accessible to us at our request. Upon our request from time to time, you agree to deliver to us within five (5) business days, at your expense, the requested original check in your possession. If not provided in a timely manner, such amount will be charged back from your account. During the 60-day retention period, you understand and agree that you must use the highest degree of care to protect the original check against security risks. These risks include, without limitation, theft or reproduction of the original check for purposes of presentment for deposit of the original check (i.e., after the original checks have already been presented for deposit via Mobile Deposit) and unauthorized use of information derived from the original check. Promptly after the 60-day retention period expires, you agree to prominently mark the original check as “VOID” and to destroy the original check by cross-cut shredding or another commercially acceptable means of destruction to ensure it is not re-presented. After destruction of an original check, the image will be the sole evidence of the original check. You understand and agree that you are responsible for any loss caused by your failure to secure and/or destroy the original check.
h. Items Returned Unpaid. Any credit to your account for an original check deposited using Mobile Deposit is provisional. If original checks deposited through Mobile Deposit are dishonored, rejected or otherwise returned unpaid by the drawee financial institution, or are rejected or returned by a clearing agent or collecting financial institution, 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 we 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 us for all loss, cost, damage or expense caused by or relating to the processing of the returned item. In all cases, you are responsible for any loss or overdraft plus any
applicable fees to your account due to an item being returned. Without our approval, you shall not attempt to deposit or otherwise negotiate an original check if it has been charged back to you.
3. YOUR RESPONSIBILITY FOR MOBILE DEPOSIT.
a. Responsibility for Imaging. You are solely responsible for imaging deposit items (including, without limitation, the quality, completeness, accuracy, validity and integrity of all images transmitted to us through Mobile Deposit) and accessing Mobile Deposit from the Credit Union. You agree that we shall not be liable for any damages resulting from a check or item’s poor image quality, 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.
b. Security of Your Mobile Device and Account Information. You are responsible for (i) maintaining the confidentiality and security of your mobile device(s), 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 or use Mobile Deposit (collectively, “Access Information”), and (ii) preventing unauthorized access to or use of the information, files or data that you store, transmit or use in or with Mobile Deposit. You agree not to supply your Access Information to anyone. You will be responsible for all electronic communications, including image transmissions, email and other data “Communications”) entered using the Access Information. Any Communications received through the use of the Access Information will be deemed to be sent or authorized by you. You agree to notify us immediately by telephone to 520-298-7882 or 800-888-7882 outside of Tucson or in writing to P.O. Box 15115, Tucson, Arizona 85708 if you become aware of any loss, theft or unauthorized use of any Access Information, including your mobile device(s). We reserve the right to deny you access to Mobile Deposit (or any part thereof) if we believe that any loss, theft or
unauthorized use of Access Information has occurred.
c. Enforcement; Right of Setoff. You agree to be liable to the Credit Union for any liability, loss, or expense as provided in this Agreement that we incur as a result of any dispute involving your account or otherwise in connection with your use of Mobile Deposit. We 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 under the provisions of the UCC or otherwise related to such item (whether or not the rejection, return, adjustment or warranty claim was made timely), or for any other amounts owed to us under the terms of this Agreement.
d. Account Reconciliation. You agree to verify and to reconcile any out-of-balance condition, and promptly notify us by telephone to 520-298-7882 or 800-888-7882 outside of Tucson or in writing to P.O. Box 15115, Tucson, Arizona 85708 of any errors within the time periods established in the Membership and Account Agreement after receipt of your account statement. If notified within such period, we will correct and resubmit all erroneous files, reports, and other data at our then standard charges, or at no charge, if the erroneous report or other data directly resulted from our error.
e. Email Address. You agree to notify the Credit Union immediately if you change your email address.
f. Security Interest. You grant the Credit Union a security interest in all accounts or other deposits (whether general or special) you have with the Credit Union, and in all funds in such accounts or other deposits, to secure your obligations to the Credit Union under this Agreement. This security interest will survive termination of this Agreement.
g. Promises You Make to Us. You make the following representations and warranties with respect to your use of Mobile Deposit and each image of an original check you transmit to us using Mobile Deposit: (i) you assume responsibility for any original check that is transmitted that for any reason is not paid; (ii) you will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations; (iii) the image 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; (iv) the amount, payee(s), signature(s), and endorsement(s) on the image and on the original check are legible, genuine, and accurate; (v) you will not deposit or otherwise endorse to a third party the original check, and no
person will receive a transfer, presentment, or return of, or otherwise be charged for, the original check or a paper or electronic representation of the original check such that the person will be asked to make payment based on an item that has already been paid; (vi) other than the digital image of an original check you remotely deposited through Mobile Deposit, there are no other duplicate images of the original check; (vii) the original
check was authorized by the drawer in the amount stated on the original check and to the payee(s) stated on the original check; (viii) you are authorized to enforce and obtain payment of the original check; (ix) you will retain possession of the original check deposited using Mobile Deposit for the required retention period, and neither you nor any other party will submit the original check for payment; (x) the information you provided in your application for Mobile Deposit remains true and correct and, in the event any such information changes, you will immediately notify us of the change; (xi) you have not knowingly failed to communicate any material information to us; (xii) files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems; (xiii) you will use Mobile Deposits only for your own deposits and will not disclose or allow use of Mobile Deposit by or for the benefit of any third party; and (xv) you will comply with the terms of this Agreement.
h. Indemnification Obligation. You agree to indemnify, defend and hold harmless the Credit Union and our Third Party Service Providers and their respective affiliates, officers, directors, employees, insurers, and agents from any and all claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees) arising directly or indirectly from: (a) your use of Mobile Deposit; (b) any transmission or instruction, whether or not authorized, acted upon by the Credit Union in good faith, (c) your negligence, criminal activity, fraud, intentional tort or willful misconduct; (d) your violation or breach of the terms of this Agreement, including, but not limited to, any breach that results in the unauthorized and/or nonpermissible use of information obtained via the Credit Union’s remote deposit services; and/or (e) your infringement, or infringement by any other user of your account(s) at our website, of any intellectual property or other right of any person or entity. You understand and agree that this Section shall survive the termination of this Agreement.
i. Auditing. If warranted in our reasonable judgment, we may audit and monitor you, and you agree to cooperate and provide information and/or documents, at your expense, to permit such auditing and monitoring, to confirm that you have satisfied your obligations under this Agreement.
j. Compliance with Law and Rules. You agree to comply with all laws, statutes, regulations and ordinances pertaining to your use of Mobile Deposit, as well as all laws relating to the banking transactions contemplated hereunder. You also agree to be bound by any clearinghouse rules or agreements, operating circulars, image exchange agreements, and other documents to which the Credit Union is a party that govern the remote deposit services we provide here under.
k. Service Charges. Mobile Deposit is provided at no charge to you. You agree, however, that we may charge a fee for Mobile Deposit as disclosed in our current Schedule of Fees and Charges. If you continue to use Mobile Deposit after the fee becomes effective, you agree to pay the service fee that has been disclosed to you, as may be amended from time to time.
4. OUR RESPONSIBILITY FOR MOBILE DEPOSIT.
a. Financial Data. We will transmit all the financial data under our control required to utilize Mobile Deposit selected by you and to act on appropriate instructions received from you in connection with Mobile Deposit. We shall exercise due care in seeking both to preserve the confidentiality of the Access Information (and in this connection it is understood and agreed that implementation by the Credit Union of our normal procedures for maintaining the confidentiality of information relating to our members, and where practicable the obtaining by the Credit Union from our Third Party Service Providers of similar undertakings, shall constitute fulfillment of our obligation to exercise due care). You otherwise assume full responsibility for the consequences of any misuse or unauthorized use of or access to Mobile Deposit.
b. Service Availability. You understand and agree that Mobile Deposit may at times be temporarily unavailable due to system maintenance or technical difficulties, including, without limitation, those of the Internet service provider, cellular service provider and Internet software. In the event that Mobile Deposit is unavailable, you may deposit original checks in-person at our branches, through our ATMs, by night drop at our participating branches or by mailing the original check to: P.O. Box 15115, Tucson, Arizona 85708.
c. Retention of Check Images. We will retain any substitute checks we generate for seven (7) years.
5. OWNERSHIP AND LICENSE.
You agree that the Credit Union and our Third Party Service Providers, as applicable, retain all ownership and proprietary rights in and to Mobile Deposit, associated content, technology, and website(s). You may not copy, reproduce, distribute or create derivative works from the content and agree not to disassemble, decompile or otherwise reverse engineer any part of Mobile Deposit, including the App. 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 Mobile Deposit, in any manner contrary to the terms of this Agreement, we shall have, in addition to any other remedies available to us, the right to injunctive relief enjoining such actions.
6. LIMITATION OF LIABLITY.
a. Disclaimer of Liability. YOU ACKNOWLEDGE AND AGREE THAT MOBILE DEPOSIT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN OR TO ANY INFORMATION RESULTING FROM YOUR USE OF MOBILE DEPOSIT. WE MAKE NO WARRANTIES AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING MOBILE DEPOSIT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ANY AND ALL WARRANTIES REGARDING THE OPERATION, PERFORMANCE OR FUNCTIONALITY OF MOBILE DEPOSIT
(INCLUDING, WITHOUT LIMITATION, THAT MOBILE DEPOSIT WILL OPERATE WITHOUT INTERRUPTION OR BE TIMELY, SECURE, OR ERROR FREE). YOU FURTHER ACKNOWLEDGE AND AGREE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR,
AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR TELECOMMUNICATION LINES OR CIRCUITS. YOU HEREBY ASSUME ALL RISKS RELATING TO THE FOREGOING.
b. Direct Damages. YOU ACKNOWLEDGE AND AGREE THAT OUR LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES SUSTAINED BY YOU AND ONLY TO THE EXTENT SUCH DAMAGES ARE A DIRECT RESULT OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT;
PROVIDED, HOWEVER, THE MAXIMUM AGGREGATE LIABILITY OF THE CREDIT UNION RESULTING FROM ANY SUCH CLAIMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). IN NO EVENT SHALL THE CREDIT UNION BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.
c. Force Majeure. We shall not be responsible for any claim, liability, loss, or damage of any kind arising directly or indirectly from any act or omission (including processing error, delay or failure to perform) hereunder that is caused for reasons beyond our control, including, but not limited to, acts of civil, military or regulatory authorities, national emergencies, riots, weather, unavoidable difficulties with equipment, unavailability of the Internet or other service provider or any equipment failure, whether caused by a virus or otherwise.
d. Third Party Beneficiary. You agree that our Third Party Service Providers, including Intuit, Inc. and Ensenta Corporation, may rely upon the provisions of this Agreement, including its disclaimer of warranties and any limitations of liability and that such Third Party Service Providers are, for the purpose of this Agreement, third party beneficiaries to this Agreement with the power to enforce this Agreement.
7. CANCELLATION BY YOU; TERMINATION OR REFUSAL BY US.
You may cancel your participation in Mobile Deposit at any time by calling 520-298-7882 or 800-888-7882 outside of Tucson or by emailing email@example.com and allowing us a reasonable opportunity to act upon your request. If you cancel, we will not refund any portion of any fee assessed for any checks and items previously deposited
via Mobile Deposit. We will have no obligation to honor any instruction, in whole or in part, that (i) we reasonably believe is used for any illegal or improper purpose or activity; (ii) we have reason to believe may not be authorized by you; (iii) would violate any law, rule or regulation applicable to us or Mobile Deposit; (iv) is not in accordance with any other requirement stated in this Agreement or any of our policies, procedures or practices; or (v) for our protection or yours, we have reasonable cause not to honor. We reserve the right to refuse to honor an instruction or suspend or terminate Mobile Deposit, in whole or in part, at any time, with or without notice to you, with or without cause, including, without limitation, if: (a) we have reason to believe that your account has been compromised or mismanaged in any way, such as by unauthorized or erroneous use of your access information; or (b) we believe Mobile Deposit is not being used for its intended, bona fide and lawful purposes under this Agreement and the Online Banking Agreement; (c) we have reason to believe Mobile Deposit is being used in an anti-competitive manner or contrary to the Credit Union’s business interests; or (d) your account is closed, access to your account is restricted for any reason, or if you do not use Mobile Deposit for a period of time. Termination will not affect your liability or obligations under this Agreement or
any other agreements you have with us for actions we have taken on your behalf.
a. Business Days. Our business days are every day except Saturday, Sunday, and federal holidays.
b. Severability. If one or more provisions of this Agreement is or are held to be invalid, illegal or unenforceable under applicable law, the offending portions of such provisions, or such provisions in their entirety, to the extent necessary, shall be severed from this Agreement, and the balance of this Agreement shall be enforceable in accordance with its terms.
c. Waivers. Any waiver by us must be in writing to be effective. Our waiver of any right will not be deemed a waiver of other rights or of the same right at another time.
d. Governing Law. You understand and agree this 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 the State of Arizona, notwithstanding any conflict-of-laws doctrines of such state or other jurisdiction to the contrary. You also agree to submit to the personal jurisdiction of the courts of the State of Arizona.
e. Prevailing Party. In the event either party brings a legal action to enforce the terms of this Agreement or to collect any overdrawn funds on any account accessed under this Agreement, the prevailing party shall be entitled, subject to Arizona law, to payment by the other party of its reasonable attorney’s fees and costs, including, without limitation, fees on any appeal, bankruptcy proceedings, and any post-judgment
collection actions, if applicable.
f. Entire Agreement; Conflicting Terms. This Agreement forms part of and is incorporated by reference into your Membership and Account Agreement. Except as amended by this Agreement, the Membership and Account Agreement and the other agreements remain in full force and effect. In the event of any conflict between this Agreement, the Membership and Account Agreement and/or the other agreements, this Agreement shall govern to the extent of the remote deposit services described herein.