Lakeview Federal Credit Union
Mobile Remote Deposit Capture Agreement
This Mobile Remote Check Deposit Capture Agreement (“Agreement”) contains the terms and conditions for the use of Lakeview Federal Credit Union (“Credit Union”) Mobile Remote Deposit and/or other remote deposit capture Services that Credit Union or its affiliates (“Credit Union”, “us,” or “we”) may provide to you (“you,” or “your”). Other agreements you have entered into with Credit Union, including the Online Banking Services Agreement or a Mobile Banking Services Agreement, as applicable to your Credit Union account(s), are incorporated by reference and made a part of this Agreement.
Mobile remote deposit services are designed to allow you to make a deposit to your share and share draft accounts from home or other remote locations by taking images of checks and delivering images and the associated deposit information to the Credit Union and/or its processor, using your mobile device. The process is called Remote Deposit Capture, or RDC. This agreement explains the terms and conditions governing the use of remote deposit capture service offered by Lakeview Federal Credit Union.
- Acceptance of these terms. By using Remote Deposit Capture, you acknowledge that you have reviewed and agree to abide by the terms and conditions of this Agreement, the Online Banking Services agreement, the Mobile Banking services agreement, and your Account Agreement and Truth in Savings Disclosure governing the share or share draft account(s) that you use with the Remote Deposit Capture service. The Agreement is subject to change from time to time. We will notify you of any material change via e-mail or on our website(s) by providing a link to the revised Agreement or by an online secure message. Your continued use of the Services will indicate your consent to be bound by the revised Agreement. Further, the Credit Union reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.
- Limitations on Service. When using the remote deposit capture service, you may experience technical or other difficulties. Lakeview Federal Credit Union cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. This service has qualification requirements and we reserve the right to change the qualifications at any time without prior notice. Further, we reserve the right to change, suspend, or discontinue this service, in whole or in part, or your use of this service, in whole or in part, immediately and at any time without prior notice.
- Eligibility. To be eligible for Mobile Remote Deposit Capture you must meet the following requirements at the credit union:
- Enrolled in the Online banking service and Mobiliti™ application for Lakeview Federal Credit Union.
- At least 18 years of age.
- Must be a member for at least 30 days.
- No history of overdrafts. Overdraft history is defined by having three (3) or more overdrafts in a months’ time.
- No history of delinquency on loan accounts over a thirty (30) day period.
- No history of returned check items that were deposited and returned.
- No charged-off share, share draft, or loan accounts.
Termination of these services or abuse/misuse of the remote deposit capture service may result in the removal of mobile access by the credit union.
- Ineligible Accounts. The credit union does not allow Mobile Remote Deposit Capture for the following account types:
- Federal Fiduciary Accounts
- Representative Payee Accounts
- Estate Accounts
- Guardianship Accounts
- Trust Accounts
- Individual Retirement Accounts
- Share Certificates
- Limits. Mobile Remote Deposit Capture items are limited to:
- $2,500.00 per item deposit
- $3,000.00 per day
If you attempt to use RDC to initiate a deposit in excess of these limits, your deposit may be rejected. If we permit you to make a deposit in excess of these limits, such deposit will be subject to the terms of this Agreement, and we may not allow such a deposit at other times. We may adjust these limits at any time without prior notice.
- Eligible Items. You agree to image and deposit only “checks” as that term is defined in Federal Reserve Regulation CC (“Reg CC”). You agree that the image of the check transmitted to Lakeview Federal Credit Union shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code.
- Ineligible Items. You agree that you will not use the remote deposit capture service to scan and deposit any checks or other items as shown below:
- Checks or items payable to any person or entity other than you.
- Checks payable jointly, unless deposited into the account in the name of all payees and having endorsements of all payees.
- Third party checks (e.g., a check payable to someone else, endorsed and signed over to you).
- Checks that are incomplete (e.g., any item that does not contain the signature of the maker, endorsement signature(s), or other required information).
- Check or items containing obvious alteration to any of the fields on the front of the 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.
- Checks or items previously converted to a substitute check, as defined by Reg CC.
- Check or items drawn on a financial institution located outside the United States.
- Checks or items that are remotely created checks as defined in Reg CC.
- Checks or items bearing the statement “Do Not Convert To ACH”.
- Checks or items not payable in United States Currency.
- Checks payable to “Cash”, “Lakeview Federal Credit Union”, or “LFCU”.
- Money orders.
- Traveler’s checks.
- Savings Bonds.
- Insurance checks.
- Loan checks.
- Checks or items dated more than 6 months prior to the date of the deposit.
- Checks or items that are post-dated and deposited prior to the date on that item.
- Checks that have previously been returned unpaid for any reason.
- Checks or items prohibited or otherwise deemed unacceptable under the terms of your account.
- Checks that have been previously submitted or deposited through the remote deposit capture service offered by Lakeview Federal Credit Union or any other financial institution.
- Checks payable on sight or payable through Drafts, as defined in Reg. CC.
- Checks with any endorsement on the back other than that specified in this Agreement.
- Checks or items that are drawn or otherwise issued by the U.S. Treasury Department.
- Image Submission. The image submitted must be clear and legible and meet the standards as established by the American National Standards Institute, the Board of Governors of the Federal Reserve, or any other regulatory agency, clearing house or association. Items not meeting specific standards as determined by system identification and or Credit Union standards are subject to rejection. If you have endorsed an item that has been rejected for submission through remote deposit service those items must be presented in person at one of our locations.
Lakeview Federal Credit Union reserves the right, at its sole discretion, to reject any check image transmitted through RDC, without liability to you. The credit union is not responsible for check images that it does not receive or that are dropped during transmission. Further, the credit union reserves the right to charge back to your account at any time any check image that is determined to not be an eligible check or that is not properly payable. You agree that Lakeview Federal Credit Union is not liable for any loss, costs or fees you may incur as a result of the chargeback of an ineligible item. Any check returned unpaid for any reason will be debited from your account.
- Endorsements. All checks submitted for deposit must be endorsed with the following restrictive endorsement: “For Mobile Deposit Only at LFCU” with your signature. The credit union will not accept third party checks through remote deposit capture. All Endorsements must be in either blue or black ink as required for processing. You agree to follow any and all other procedures and instructions for use of the Services as Credit Union may establish from time to time.
- Availability of Funds. All images processed for deposit through the remote deposit capture service will be treated as “deposits” under your current Account Agreement and Truth in Savings Disclosure and subject to the Federal Reserve Board’s Regulation CC regarding funds availability. If the item presented for deposit does not satisfy the requirements for the deposit of an eligible check, Lakeview Federal Credit Union has the right to place an exception hold on the deposit. In the cases where an exception hold is placed on the deposit, you will be notified of the date the funds will be available for withdrawal. The credit union reserves the right to refuse any deposit presented through RDC. We are not responsible for images or items we do not receive. Items that are received after 3:00 p.m. Eastern time will be processed on the next business day. For purposes of this agreement, a business day is defined as every day except Saturday, Sunday, and any federal holiday.
- Retention of the Negotiable Instrument. You should securely retain the original checks(s) (deposited items) for a period of no less than 14 days. You agree that you will never re-present the original check unless specifically requested by the credit union. In the event that an item cannot be read through the remote deposit capture service, the credit union may request the payee to submit the paper item for processing. After the end of the retention period, the original items should be destroyed writing “VOID” on the front of the check and then destroying it by crosscut shredding or another commercially acceptable means of destruction.
- Errors. You agree to immediately notify Lakeview Federal Credit Union of any suspected error regarding check images deposited through RDC, and no later than 60 days after the account statement on which the deposit appears has been provided. Unless you notify us within 60 days of when we first send or make the account statement available, all deposits made through RDC shall be deemed correct and you may not be compensated for any loss.
- Risk of Loss. In the event of a system failure or interruption, your data may be lost or destroyed. Any remote deposit that you initiated, were in the process of completing, or completed shortly before a system failure or interruption should be verified by you through means other than online to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any remote deposit so affected.
- Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by Credit Union from time to time. Credit Union is not responsible for any third party software you may need to use the Services. 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.
- Ownership & License. You agree that Lakeview Federal Credit Union retains all ownership and proprietary rights in the remote deposit capture service, associated content, technology, and website(s). Your use of this service is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use this service. Without limiting the restriction of the foregoing, you may not use this service (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to Lakeview’s business interest, or (iii) to Lakeview’s actual or potential economic disadvantage in any aspect. You may use this service only in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide this service.
- DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE REMOTE DEPOSIT CAPTURE 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 THIS 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 THIS SERVICE (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THIS SERVICE WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS IN THIS 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 RESULTING FROM THE USE OR THE INABILITY TO USE THIS SERVICE 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 THIS SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF LAKEVIEW FEDERAL CREDIT UNION HAS BEEN INFORMED OF THE POSSIBILITY THEREOF
- User Warranties and Indemnification. You warrant to Lakeview Federal Credit Union that:
a. You will only transmit eligible items that are properly endorsed.
b. Images will meet the image quality standards.
c. You will not transmit duplicate items.
d. You will not deposit or represent the original item.
e. All information you provide to Lakeview Federal Credit Union is accurate and true.
f. You will comply with this Agreement and all applicable rules, laws and regulations.
g. You are not aware of any factor which may impair the collectability of the item.
You agree to indemnify and hold harmless Lakeview Federal Credit Union from any loss for breach of this warranty provision.
- Indemnification. You understand and agree that you are required to indemnify Credit Union (as well as your Shareholders, directors, officers, employees, agents and independent contractors, all collectively referred to herein as “Indemnified Parties”) and to hold the Indemnified Parties harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses arising from (a) your use of the Mobile Remote Deposit Capture Agreement, (b) your breach of any representation, warranty or covenant made under this Agreement or your noncompliance with any requirement applicable to you under this Agreement, (c) Your action or inaction in accordance with or reliance upon any instructions or information received from any person reasonably believed to be you or a joint owner of the Account, (d) your failure to report required changes regarding your Account or your transmission to you of incorrect information regarding the Account or (e) your breach of applicable law. You understand and agree that, in addition to (and not in replacement of your indemnification of the Indemnified Parties) You are required to indemnify your technology partners and/or third parties and hold harmless their 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 you making the Services unavailable to the Credit Union or to its use of the Services by Third Party Applications, unless such claim directly results from an action or omission made by a Third Party in bad faith.
- Fees and Charges. The fees and charges for your use of the Service are payable as applicable, as set forth in the fee schedule provided to you from time to time by the Credit Union in connection with the Service, and all other fees and charges as may be agreed upon from time to time by you and the Credit Union. You authorize the Credit Union to debit any fees and charges for the Service from your reserve amount and/or any of your accounts, on or after the date such fees and charges are payable, even if such debit causes an overdraft on the account. If the account does not contain sufficient funds to pay such fees and charges on the date they are payable, then the Credit Union may, in its sole discretion, immediately terminate your access to the Service without prior notice. Should you fail or refuse to pay any fees or charges under this Agreement, you agree to pay all collection costs (including reasonable attorney’s fees) that may be incurred by the Credit Union in connection therewith.
- Termination. Credit Union may terminate this Agreement at any time and for any reason at our sole discretion. This Agreement shall remain in full force and effect unless and until it is terminated by Credit Union. Without limiting the foregoing, the Agreement may be terminated if you breach any term of this Agreement, if you use the Services for any unauthorized or illegal purpose or you use the Services in a manner inconsistent with the terms of your Credit Union Account or any other agreement with Credit Union.
- Enforceability. Credit Union may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
- Other Terms. You may not assign this Agreement. This Agreement is entered into in Ashtabula County, OH and shall be governed by the laws of the State of Ohio and of the United States. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.