Remote Deposit Capture Terms and Conditions
This Agreement contains the terms and conditions for the use of Sun Credit Union’s (“Credit Union”, “us,”, “our”, or “we”) Remote Deposit Capture Services that we may provide to you (“you,” or “User”). Other agreements you have entered into with us, including the Terms and Conditions of Your Account Agreement, Electronic Funds Transfer Agreement, Home Banking Agreement, and other Disclosures governing your account, are incorporated by reference herein and made a part of this Agreement.
1. DESCRIPTION OF APPLICATION
(a) Remote Deposit Capture is a personal financial information management service that allows you to transmit and deposit checks and other financial instruments through use of the mobile phone application provided by us through our Home Banking services using compatible and supported mobile phones and/or other compatible and supported wireless devices or network devices under your control (the “Service”).
(b) We reserve the right to modify the scope of the Services at any time. We reserve the right to refuse to make any transaction you request through the Service. You agree and understand that the Services may not be accessible or may have limited utility over some networks. Members without an account open for at least 90 days are not eligible for this service at this time.
2. LICENSE AND RESTRICTIONS
(a) Subject to the terms of this Agreement, we hereby grant you a limited, personal, revocable, nonexclusive, nonsublicensable, nonassignable, nontransferable, nonresellable license and right to use the Application for the sole purpose of your use of the Service.
(b) You acknowledge and agree that any and all intellectual property rights (the “IP Rights”) in the Service and the Application are and shall remain the exclusive property of us. Nothing in this Agreement intends to or shall transfer any IP Rights to, or to vest any IP Rights in, you. You are only entitled to the limited use of the rights granted to you in this Agreement. You will not take any action to jeopardize, limit or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement, as well as a violation of applicable intellectual property laws. You acknowledge and understand that all title and rights in and to any third party content that is not contained in the Service and Application, but may be accessed through the Service, is the property of the respective content owners and may be protected by applicable patent, copyright, or other intellectual property laws and treaties.
(c) You agree not to sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Application or Service or any part thereof without our prior written consent.
(d) You agree not to undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Application, the Service, or any part thereof. You agree not to intercept, capture, emulate, or redirect the communications protocols used by us for any purpose, including without limitation causing the Service or Application to connect to any computer server or other device not authorized by us.
(e) We reserve the right to add or delete features or functions, or to provide programming fixes, updates and upgrades, to the Service or Application. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Application. You also agree that you may have to enter into a renewed version of this Agreement if you want to download, install or use a new version of the Service or Application.
(f) We have no obligation whatsoever to furnish any maintenance and support services with respect to the Service or Application, and any such maintenance and support services provided will be provided as we deem necessary.
(g) You grant to us a nonexclusive, perpetual, non-revocable, royalty free license to use, retain, and share any information transmitted through the Application by you, including, your location, device-based location information, account numbers, name, date, account amount, and endorsements solely for the purpose of providing the Services. This license shall survive termination of this Agreement for such period as necessary for us to provide the Services, comply with the law, or comply with internal guidelines or procedures.
3. COMPLIANCE AND INDEMNIFICATION
(a) You agree to use the products and Service for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable items for deposit and will handle the original items in accordance with applicable laws, rules and regulations.
(b) Any image of a check that you transmit using the Application must accurately and legibly provide all the information on the front and back of the check necessary to process the check, including any required endorsements. You agree to restrictively endorse any item transmitted through the Services with the following: 1) “For Sun CU Mobile Deposit Only”, 2) along with your signature. You agree to follow any and all other procedures and instructions for use of the Services as we may establish from time to time. Failure to provide the above mentioned requirements will result in rejection of your deposit.
(c) You are responsible for any loss or overdraft plus any applicable fees to your Account due to an item being returned.
(d) In the event any item that you transmit for remote deposit that is credited to your account is dishonored, you authorize us to debit the amount of such item and any applicable fees from your account.
(e) You agree to notify us immediately if you change your email address, as this is the email address where we will send you notification of receipt of remote deposited items.
(f) You understand and agree that the Services may at times be temporarily unavailable due to system maintenance or technical difficulties including those of the Internet. In the event that the Services are unavailable, you acknowledge that you can deposit an original check at our branches, our night depository or by mailing the original check to our financial institution at its then current address. It is your sole responsibility to verify that items deposited using the Services and Application have been received and accepted for deposit.
(g) Processing of transactions may be limited based on our normal hours of operation, or those of third party financial service organizations involved in a transaction. We will impose limits on the dollar amount(s) and/or number of deposits that you may transmit using the Services; the current limit is $3,000 per mobile deposit and $5,000 per day. We reserve the right to modify such limits at our discretion.
(h) You make the following warranties and representations with respect to each image of an original check you transmit when utilizing the Application:
(i) Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the remitter of the check has no defense against payment of the check.
(ii) The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
(iii) You will not deposit or otherwise endorse 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.
(iv) Other than the digital image of an original check that you remotely deposit through the Application, there are no other duplicate images of the original check.
(v) You have ensured that each original check was authorized by the remitter in the amount stated on the original check and to the payee stated on the original check.
(vi) You are authorized to enforce each item transmitted or are authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item.
(vii) The information you provided remains true and correct and, in the event any such information changes, you will immediately notify us of the change.
(viii) You have not knowingly failed to communicate any material information to us.
(ix) You have possession of each original check deposited using the Application and no one will submit, or has submitted, the original check for payment.
(x) Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on your or our network, data, or related systems.
(xi) In the event that you believe there has been an error with respect to any original check or image thereof transmitted for deposit, you will immediately contact us regarding such error or breach as set forth below.
(i) You agree to indemnify and hold us harmless, along with our directors, officers, employees, volunteers, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorney’s fees), and damages resulting from: (1) any negligent acts, omissions or willful misconduct by you; (2) your use of the Service and Application; (3) any breach of this Agreement by you; and/or (4) your violation of any law or of any rights of any non-party. The provisions of this section are for the benefit of us and our officers, directors, employees, agents, and licensors. Each of these individuals or entities expressly retains the right to assert and enforce these provisions directly against you on their own behalf.
(j) You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. Funds deposited using the Services will be available after we receive payment for the funds submitted. We may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and other such factors as we, in our sole discretion, deem relevant.
(a) This Agreement and your use of the Service and Application may be immediately terminated at any time without cause. Additionally, the Credit Union may freeze your ability to use this service, or terminate this agreement if you are in default on any loan, have a negative loan or account balance, have caused the Credit Union a loss, or have violated the terms of an Agreement.
(b) Upon termination of this Agreement you: (a) acknowledge and agree that all licenses and rights to use the Service and Application shall terminate; (b) will cease any and all use of the Application; and (c) will remove the Application from all computing devices, hard drives, networks, and other storage media in your possession or under your control.
5. LEGAL COMPLIANCE AND EXPORT RESTRICTIONS
(a) You represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. You also acknowledge that the Service and Application may be subject to other U.S. and foreign laws and regulations governing the export of software by physical or electronic means. You agree to comply with all applicable US and foreign laws that apply to us as well as end user, end-use, and destination restrictions imposed by U.S. and foreign governments.
(b) Upon your receipt of a confirmation that we have received the image of an item, you agree to securely store the item for 60 days. Immediately after 60 days, you agree to mark the item as “VOID” and to properly dispose of the item to ensure that it is not represented for payment. And, you agree never to represent the item. You agree to promptly provide any retained item or sufficient copy of the front and back of an item to us, if requested, to aid in the clearing and collection process or resolve claims by third parties with respect to any item.
6. WARRANTY DISCLAIMER
(a) WE CANNOT FORESEE OR ANTICIPATE ALL TECHNICAL OR OTHER DIFFICULTIES RELATED TO THE APPLICATION OR SERVICES. THESE DIFFICULTIES MAY RESULT IN LOSS OF DATA OR PERSONALIZATION SETTINGS, OR OTHER APPLICATION INTERRUPTIONS. WE ASSUME NO RESPONSIBILITY FOR ANY DISCLOSURE OF ACCOUNT INFORMATION TO NON-PARTIES, THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS IN CONNECTION WITH YOUR USE OF THE APPLICATION.
(b) WE ASSUME NO RESPONSIBILITY FOR THE OPERATION, SECURITY, FUNCTIONALITY OR AVAILABILITY OF ANY COMPUTING DEVICE OR NETWORK THAT YOU UTILIZE TO ACCESS THE APPLICATION OR USE THE SERVICE.
(c) YOU AGREE TO EXERCISE CAUTION WHEN UTILIZING THE APPLICATION ON YOUR DEVICE AND TO USE GOOD JUDGMENT AND DISCRETION WHEN OBTAINING OR TRANSMITTING INFORMATION.
(d) THE SERVICES AND APPLICATION PROVIDED HEREUNDER IS PROVIDED “AS IS,” WITH ALL WARRANTIES DISCLAIMED, INCLUDING, ALL IMPLIED OR EXPRESSED WARRANTIES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. THERE ARE NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES AND LICENSED APPLICATION SHALL BE BORNE SOLELY BY YOU.
(e) THERE IS NO WARRANTY THAT THE SERVICES AND APPLICATION WILL MEET YOUR REQUIREMENTS, THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR THAT ANY DEFECTS IN THE SERVICES AND APPLICATION WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE AND APPLICATION ARE AT YOUR SOLE RISK AND DISCRETION AND WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO FOLLOW PROPER BACKUP PROCEDURES TO PROTECT AGAINST LOSS OR ERROR RESULTING FROM USE OF THE SERVICES AND LICENSED APPLICATION.
(f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
(g) SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF SUN CREDIT UNION HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.
8. NOTICES/CONTACT INFORMATION
All communication with us should specify your name and information sufficient to determine your identity. Our contact information is as follows: Sun Credit Union, Attn: Remote Deposit Capture, 4205 Hollywood Boulevard, Hollywood, FL 33021. All notices from you must be made in writing. Legal notice to us shall be effective when directed to our Legal Department and received at our address.
9. INELIGIBLE ITEMS.
You agree that you will not use the Services to deposit any checks or other items as described below:
- Checks or items payable to any person or entity other than you
- Checks or items containing an obvious alteration to any of the fields on the front, or checks or items which you know, suspect, or should know or suspect to be fraudulent
- Checks or items not payable in United States currency
- Items drawn on financial institutions located outside the United States
- Items previously converted to a substitute check
- Consumer loans, credit card, and mortgage payments
- IRA and Share Certificate deposits
- Travelers Checks
- Money Orders
- Starter or Counter Checks
- Amex Gift Cheques
- Savings Bonds
- Checks that require authorizations (e.g. COMCHECKS, BranchPAY, Rapid Drafts)
- Checks from another financial institution to a closed account