CHEVRON FEDERAL CREDIT UNION
MOBILE REMOTE DEPOSIT SERVICES AGREEMENT
In this Mobile Remote Deposit Services Agreement ("Agreement"), the words "we," "our," and "us" mean Chevron Federal Credit Union and the words "you" and "your" mean the person who applied for and/or uses any of the mobile remote deposit services ("Mobile Deposit") described in this Agreement to remotely deposit checks.
Use of the Mobile Deposit Services. Mobile Deposit is designed to allow you to remotely deposit paper checks you receive into your account with us (the "Account") by electronically transmitting a digital image of your paper check to us or our processor with your mobile device for deposit. After you login to Mobile Banking, you may begin using Mobile Deposit. You understand that you must be a Chevron Federal Credit Union member in good standing with at least one checking and savings account to be eligible to enroll in Mobile Deposit. Your use of Mobile Deposit constitutes your acceptance of the terms and conditions of this Agreement. You agree to comply with the hardware and software requirements as follows:
- iPhone, iPod, and iPad with iOS 4.3 or greater.
- Smartphone's with Android 2.1 Operation System or greater.
- Low density QVGA screens (240wx320h) are not supported.
Limits. Mobile Deposits are limited in amount to $10,000 per day, with a rolling 30-day limit of $50,000.
Unacceptable Deposits. You agree to scan and deposit only checks (i.e., drafts drawn on a credit union, savings and loan, or bank and payable on demand.) You understand and agree that you will not use Mobile Deposit to deposit:
- Checks payable to any person or entity other than you (i.e., payable to another party and then endorsed to you).
- Checks payable to you and another party who is not a joint owner on the Account.
- Checks that contain evidence of alteration to the information on the check or that 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 is drawn.
- Checks that are stamped with a "non-negotiable" watermark.
- Checks issued by a financial institution in a foreign country.
- Checks that are incomplete.
- Checks that are "stale dated" which is defined as a check presented to the paying bank six months or more after the original issue date.
- Checks that are postdated.
Check Requirements. Each image of a check that you transmit to us must accurately and legibly provide all the information on the front and back of the original check at the time presented to you by the drawer. The scanned image of the check transmitted to us 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 must meet the standards for image quality established by the American National Standards Institute, the Board of Governors of the Federal Reserve, including the requirements under federal Regulation CC, and any other regulatory agency, clearing house, or association.
Prior to scanning the original check, you will endorse the back of the original check. Endorsements must be made on the back of the check within 1½ inches from the "trailing" edge, which is on the left as you look at the front of a check; use the same edge on the back (which is directly behind the printed address on the front). Your endorsement must include your signature, your member number and share suffix, and the words "FOR MOBILE DEPOSIT ONLY."
If the check is payable to you or a joint owner on your Account, either of you can endorse it. If the check is made payable to you and one or more joint owners on your Account, all payees must endorse the check.
Receipt of Deposit. All images processed for deposit through Mobile Deposit will be treated as "deposits" pursuant to the terms and conditions of the Master Account Agreement and Disclosure previously provided to you and which is incorporated herein by reference. Upon receipt of the digital image, we will review the image for acceptability. You understand and agree that receipt of an image does not occur until after we notify you of receipt of the image by an email transmitted to the email address you have provided to us. You understand that, in the event you receive a notification from us confirming receipt of an image, such notification does not mean that the image contains no errors or that we are responsible for any information you transmit to us. We are not responsible for any image that we do not receive.
Following receipt of the image, we will process the image by preparing a "substitute check".
Notwithstanding anything to the contrary, we reserve the right, in 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. 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 bank deems the electronic image illegible. Our failure to reject such an item shall not limit your liability to us. You understand that any amount credited to your Account for items deposited using Mobile Deposit is a provisional credit and you agree to indemnify us against any loss we suffer because of our acceptance of the remotely deposited check. We will notify you of rejected images.
Storage of Original Checks. After you receive confirmation that we have received an image, you must securely store each original check that you deposit for at least sixty (60) days and make the original check available to us at our request during this time period. If you do not make the original check available to us in a timely manner, such amount will be reversed from your Account. Promptly after the expiration of the sixty (60) day period, you must destroy the original check by first marking it "VOID" and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. 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 the original checks.
Rejection of Deposit. We are not liable for any service or late charges levied against you due to our rejection of any 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.
Returned Deposits. We will send written notice to you of transactions we are unable to process because of returned items. If checks deposited through Mobile Deposit are dishonored, rejected, or otherwise returned unpaid by the drawee bank, or are rejected or returned by a clearing agent or collecting bank, for any reason including, but not limited to, issues relating to the quality of the image, you authorize us to debit the amount of such item from the Account. You will reimburse us for all loss, cost, damage, or expense caused by or relating to the processing of the returned item. Without our approval, you shall not attempt to deposit or otherwise negotiate an original check if it has been charged back to you.
In our sole discretion, we may debit any of your accounts with us, including those on which you are a joint owner (but excluding IRAs), 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 timely made.
Email Address. 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 deposit items.
Your Warranties. You make the following warranties and representations with respect to your use of Mobile Deposit and each image of an original check you transmit to us utilizing Mobile Deposit:
- 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 drawer of the check has no defense against payment of the check.
- The amount, payee(s), signature(s), and endorsement(s) on the image and on the original check are legible, genuine, and accurate.
- Each check that you submit to us for deposit will not be resubmitted in any format to us or to any other person for payment and will not cause the same drawer's account to be debited twice.
- 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.
- Other than the digital image or an original check that you remotely deposit through Mobile Deposit, there are no other duplicate images of the original check.
- 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.
- You are authorized to enforce and obtain payment of the original check.
- You have possession of each original check deposited using Mobile Deposit and neither you nor any other party will submit the original check for payment.
- You have not knowingly failed to communicate any material information to us.
- Your Account into which you deposit checks using Mobile Deposit, and the funds from such checks, are used only for consumer purposes and not for business purposes.
- You will not use Mobile Deposit and/or your Account for any illegal activity or transactions.
- 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.
Compliance with Law. You agree to use Mobile Deposit only for lawful purposes and in compliance with all applicable laws, rules, and regulations, 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 we are a party that govern Mobile Deposit services we provide. You promise to indemnify and hold us 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 your Account and this Agreement.
Mobile Deposit Unavailability. You understand and agree that Mobile Deposit may be temporarily unavailable due to system maintenance or technical difficulties, including 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 at our branches, through our ATMs, or by mailing the original check to: Chevron Federal Credit Union, P.O. Box 2069, Oakland, CA 94604-2069. It is your sole responsibility to verify that items deposited using Mobile Deposit have been received and accepted for deposit by us. However, we will send you email notification of items that are rejected by the next business day following rejection.
Funds Availability. You understand and agree that, for purposes of funds availability, Mobile Deposits are made in Oakland, California. You understand that following our receipt and processing of the image, funds from the check will be made available for your withdrawal and/or use in accordance with the terms and conditions of our Funds Availability Disclosure contained in the Master Account Agreement and Disclosure.
Business Days. Our business days are Monday - Friday, except holidays. Our business hours are 6 a.m. to 6 p.m. Pacific Time, each business day.
In Case of Errors. In the event that you believe there has been an error with respect to any original check or image there of transmitted to us for deposit or a breach of this Agreement, you will immediately contact us regarding such error or breach as set forth below.
Telephone us at 800-232-8101 or e-mail us at [email protected].
Mobile Deposit Security. You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately by telephone at 800-232-8101 if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, we may, at our expense, audit you regarding your use of Mobile Deposit, and you agree to reasonably cooperate with us in connection with such audit so that we may confirm that you have satisfied your obligations under this Agreement.
Your Responsibility. You are solely responsible for the quality, completeness, accuracy, validity, and integrity of all images transmitted to us. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect, or illegible images to us or if Mobile Deposit is used by authorized or unauthorized persons to submit fraudulent, unauthorized, inaccurate, incorrect, or otherwise improper or unusable images to us.
In addition, you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble, or decompile the technology or Service; copy or reproduce all or any part of the technology or Service; or interfere, or attempt to interfere, with the technology or Service. We and our technology partners, inclusive of, but not limited to, Intuit, Inc. (Intuit) and Vertifi Software, LLC, (Vertifi) retain all rights, title, and interests in and to the services and software made available to you.
Accountholder's Indemnification Obligation. You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys' fees and expenses arising from your use of the Services and/or breach of this disclosure and Agreement. You understand and agree that this paragraph shall survive the termination of this Agreement.
You understand and agree that you are required to indemnify our technology partners, including but not limited to Intuit and Vertifi, and hold harmless Intuit, its affiliates, officers, employees, and agents as well as Vertifi, its affiliates, officers, employees, and agents, from and against any third party claims, suits, proceedings, actions, or demands, including to claims of another financial institution, business entity, or governmental authority, and all losses, liabilities, damages, fines, penalties, costs, and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to us and your use of the Services, Vertifi, or Intuit Applications, unless such claim directly results from an action or omission made by Intuit or Vertifi in bad faith. You understand and agree that this paragraph shall survive the termination of this Agreement.
Termination of Mobile Deposit. You may, by written request, terminate the Mobile Deposit services provided for in this Agreement. Chevron Federal Credit Union reserves the right to terminate your use of Mobile Deposit at any time upon written notice. In the event of termination of Mobile Deposit, you will remain liable for all transactions performed on your Account. Reasons we may terminate Mobile Deposit services include, but are not limited to:
- An attempt to scan and deposit the same check twice.
- Scanning and depositing a check through Mobile Deposit, and attempting to deposit the same check through other means, such as at a branch.
- Attempting to deposit a cancelled or void check.
- Using Mobile Deposit in any fraudulent manner.
Charges for Use of Mobile Deposit. All charges associated with Mobile Deposit are disclosed in the Schedule of Fees and Charges which was previously provided to you.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF ANY REMOTE BANKING SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF ANY REMOTE BANKING SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT ANY REMOTE BANKING SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED.
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 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 ANY REMOTE BANKING SERVICE, 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.
Financial Information. You must inform us immediately of any material change in your financial circumstances or in any of the information provided in your Application for any Remote Banking services. This includes, but is not limited to, notification of the following: (a) any creditor tries to take any of your property on or in which we have a lien or security interest, including a garnishment of any of your accounts with us; (b) a judgment or judgments is entered against you in the aggregate amount of $250 or more that is not satisfied within thirty (30) days or stayed pending appeal; (c) an involuntary lien or liens is attached to any of your assets or property and not satisfied within thirty (30) days or stayed pending appeal; (d) an adverse change occurs in your financial condition or applicable credit histories; and (e) you are in default under any agreement for borrowed money or any other material contract. You agree to provide us in a timely manner any financial information we reasonably request during the term of this Agreement. You authorize us to review your history from time to time.
Change in Terms. We may change the terms and charges for Mobile Deposit indicated in this Agreement by notifying you of such change in writing and we may amend, modify, add to, or delete from this Agreement from time to time. Your use of Mobile Deposit after receipt of notification of any change by us constitutes your acceptance of the change.
Relationship to Other Disclosures. The information in this Agreement 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 your Account.
Governing Law. You understand and agree that 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 California, 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 California.
Periodic Statement. Any remote deposits made through Mobile Deposit will be reflected on your monthly account statement. You understand and agree that you are required to notify us of any error relating to images transmitted using Mobile Deposit by no later than 60 days after the mailing date of your monthly periodic statement that includes any transaction you allege is erroneous. You are responsible for any errors that you fail to bring to our attention within such time period.
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 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.
Force Majeure. You understand and agree that we are not responsible or liable for any loss, liability, damages, expenses, or cost of any kind resulting from the unavailability of Mobile Deposit due to causes beyond our reasonable control.