Countryside Federal Credit Union
Mobile Deposit Capture Agreement and
Disclosure
Effective: July 1, 2014.
This Agreement and Disclosure
(“Disclosure”) as amended from time to time sets forth the terms and conditions
for Countryside
Federal Credit Union Mobile Deposit Capture Service which
is or may be made available by Countryside Federal Credit Union ® (“Credit Union”).
It defines your rights and
responsibilities and those of the Credit Union with respect to Countryside Federal
Credit Union Mobile Deposit Capture Service (the
“Service”). Please read it carefully before using the Service.
In this Disclosure the words “you”,
“your” and “yours” refer to the Member or anyone who applies for or uses Countryside Federal
Credit Union Mobile Deposit Service. The words
“we”, ”us”, “our” and “Credit Union” refer to Countryside Federal Credit Union
INCORPORATION
OF AGREEMENT AND DISCLOSURES
Your application for use of the
Service, your notification of approval of your application, and Countryside Federal Credit Union Truth-in-Savings Agreement and Disclosure, the Electronic Funds
Transfer Agreement and Disclosure, Funds Availability Policy and the Schedule
of Fees, which by this reference are incorporated into the account disclosure
in its entirety.
Both you and the Credit Union will be
bound by this Disclosure. If there is a conflict between
this Disclosure and something said by one of our employees, you agree that this
Disclosure controls. If any part of this Disclosure should be held to be
unenforceable, the remaining provisions of this Disclosure and Agreement shall
remain in full force and affect.
You understand that the agreements and
rules and regulations applicable to your Share/Savings Account, Checking
Account, and any other account you have with the Credit Union remain in effect
and continue to be applicable except as specifically modified by this
Disclosure.
Requesting, retaining, using or
permitting another person to use the Service constitutes an acceptance by you
of all the terms and conditions set forth in this Disclosure and Agreement and
binds you to all the rules and regulations governing the use of the Service.
Definitions
Capitalized
terms defined in this Agreement shall have the meanings indicated in this
Agreement (including in Exhibit A).
Countryside Federal
Credit Union Mobile Deposit Capture
(the “Service”)
A
service provided to members that uses a mobile device to electronically
transmit a digital image of a paper check for deposit.
Application A
delivery channel for various services, information, and other functions that
can be added to an electronic device (a telephone, iPad, or Smartphone with
camera).
Member An
individual signer on a Countryside Federal Credit Union membership account.
Mobile Device
An
electronic device that includes a cell phone, iPad, or Smartphone with camera
that allows an Application to be added.
Verified Item
Any check that passes
the verification process that includes but is not limited to verifying a date,
payee, signature, payor name and address, payee endorsement, the MICR line, and
other factors.
Non-Verified Item
An
item that is rejected because it has not passed the validation process or does
not meet the quality image described in the Agreement.
Substitute Check (a
digital image)
A
paper check (Check) converted to a digital image that states it is a legal copy
of your check and it can be used in the same way as an original check. A
substitute check may be used as proof of payment just like the original check.
The
Service
The
Credit Union will provide to you an application to apply to use Countryside
Federal Credit Union Mobile Deposit Capture Service. Following your receipt
from the Credit Union of notification approving your use of the Service, you
are authorized to remotely deposit paper checks you receive to your account
with the Credit Union by electronically transmitting a digital image of the
front and back of the paper check to Countryside Federal Credit Union. Both the Credit Union and Member will comply
with the terms and provisions of this Agreement with respect to the use of the Countryside
Federal Credit Union Mobile Deposit
Capture and the performance of the Service.
Implementation
The
Member captures digital images of Checks using the Application and a Mobile Device
that meets the technical specifications (refer to Appendix A) acceptable to the
Credit Union.
General
Responsibilities
1. You shall maintain one
or more Accounts at Countryside Federal Credit Union for the receipt of
deposits of digital images.
2. You will only submit digital images of Checks
that meet the standards for image quality required by Regulation CC, or other
standards established by law and Countryside Federal Credit Union in the Truth-in-Savings Agreement and
Disclosure incorporated into this agreement.
3. The Credit Union's
processing of any Imaged Items that does not meet the check validation process
shall not constitute a waiver by Countryside Federal Credit Union or obligate it to process any such
Non-Verified Item.
4. The Credit Union may discontinue
processing of Non-Verified Items at any time, without cause or prior notice.
5. You will not attempt to
scan and transmit to us any previously truncated and reconverted Substitute
Check. Any previously truncated and reconverted Substituted Check must be
physically deposited Countryside Federal Credit Union.
6. Notwithstanding the
foregoing, we may redeposit any returned Substitute Check consistent with the
terms of the Truth-in-Savings Agreement and Disclosure.
7. You will ensure that
checks are restrictively endorsed or otherwise processed to permit only
financial institutions to acquire rights of a holder in due course in the
collection process of Items.
8. You will handle,
process, maintain and destroy original checks as set forth in bullet point 15
below.
9. Ensure that no financial institution
(depositary, collecting or payor), drawee, drawer or endorser receives
presentment or return of, or otherwise is charged for an Item more than once in
any form
10. You will use the Service, including the
entering, processing and transmittal of digital image, in accordance with this
Agreement. In addition, you will provide, at your own expense, a Mobile Device
required to use the Service (see Exhibit A).
11. You will provide, or
obtain from another party selected by you at your expense, support and
maintenance of such Mobile Device required to use the Service.
12. You shall be responsible
for verifying the Credit Union's receipt of the Credit Union's transmission(s)
by verifying that deposits have been posted to the appropriate accounts, in
addition to cooperating in any investigation and resolving any unsuccessful or
lost transmission with the Credit Union.
13. You will ensure that the
Mobile Device is operating properly, and inspect and verify the quality of
images and ensure that the digital images of paper checks are legible for all
posting and clearing purposes.
14. You shall exercising due
care in preserving the confidentiality of any user identification, password,
test key, or other code or authentication method provided by Countryside
Federal Credit Union or otherwise
required for use of the Service and shall further prevent the use of the
Service by unauthorized persons. You assume full responsibility for the
consequences of any missing or unauthorized use of or access to the Service or
disclosure of any confidential information or instructions by you.
15. You will retain each
original check and keep them in a safe and secure environment for such time is
deemed necessary and advisable: a minimum period forty-five (45) days after such
Item has been converted to a digital image and processed.
16. You shall take
appropriate security measures to store original checks, and the information
contained on such original checks.
17. Upon a request from the Credit Union, you will
promptly (within 5 business days) provide any retained original check (or, if
the original check is no longer in existence, a sufficient copy of the front
and back of the original check) to us to aid in the clearing and collection
process to resolve claims by third parties with respect to any digital image or
as the Credit Union otherwise deems necessary.
18. You will use a
reasonable method which is consistent with any requirements of Regulation CC to
destroy original checks after the retention period has expired (see bullet
point 15).
19. You understand and agree
that a digital image that is not paid by a Payor Financial Institution, or is
otherwise returned for any reason, will be returned to you and your Account
will be charged for the amount of the Substitute Check plus any associated fee
as disclosed in the Credit Union's Schedule of Fees
20. The Credit Union's right to charge your
Account will apply without regard to whether the Substitute Check is timely
returned to Countryside Federal Credit Union or whether there is any other claim or defense that the Item has
been improperly returned to the Credit Union.
21. You represent, agree and warrant to Countryside
Federal Credit Union that (except as
otherwise specifically disclosed in writing to the Credit Union) you are not
now engaged, and will not during the term of this Agreement engage, in any
business that would result in your being or becoming a “money service business”
as defined in the Federal Bank Secrecy Act and its implementing regulations.
22. You will not engage in
any activity directly or indirectly related to the use of the Service that is
illegal or fraudulent.
Countryside Federal Credit Union Mobile Deposit Capture Service
1.
Your Account will be provisionally credited upon the Credit
Union's acceptance of the digital image for deposit which is received by Countryside
Federal Credit Union from you through the Service.
2.
You will create images of
the front and back of Checks at your location by use an Application and Mobile
Device with a camera.
3.
You will enter all amounts and any other required information
correctly.
4.
Upon receipt of the digital image we will review the image for
acceptability.
5.
You understand that in the event you receive notification from
us confirming receipt of an image, such notification does not mean that the image
contains no errors.
6.
The Credit Union will maintain the appropriate Member Account to
receive deposits and provide other specific information required by the Credit
Union related to the Service.
7.
As set forth in this agreement, all deposits received by us are
accepted subject to the Credit Union's verification and final inspection and
may be rejected by us at our sole discretion.
8.
All deposits are subject to the terms of the Credit Union’s
Funds Availability Policy.
Business
Day and Availability Disclosure
Our business days are Monday through Friday,
except holidays. Any deposits received after 3:00 p.m. Eastern Standard Time on
Monday through Friday will be processed the next business day. Digital images
received after 2:00 p.m. Eastern Standard Time on Friday, all day Saturday and
Sunday are processed on Monday.
Transactions Limitations of the Service
1. One check may be deposited at a time using the Service.
2. A maximum of $5,000 per
check applies to the Service.
3. The total check amount
per day is $5,000.
Unacceptable
Checks for Deposit Using the Service
1. Third-party checks.
2. Checks written for over $5,000.
3. Checks with qualified or conditional endorsements (for example:
“Payable to Your Credit Union Federal Credit Union without recourse”).
4. Checks payable to more than one individual where all parties are
not signers on the account may not be deposited using the service (this
includes government checks).
5. Any item stamped “non-negotiable”.
6. Bonds.
7. Any item issued by a financial institution in a foreign country
or in foreign currency.
8. Any item that is “stale dated” or “post dated”
9. Any item that is incomplete.
10. Any item that contains evidence of alternation to the
information on the Check.
Compliance
with Law
The
Member shall comply with all laws, rules, and regulations applicable to the
Member, to the business and operation of the Credit Union, and to the Countryside
Federal Credit Union Mobile Deposit Service, including, without limitation,
Regulation CC, the Uniform Commercial Code and any rules established applicable
to digital images. You shall have the responsibility to fulfill any compliance
requirement or obligation that the Credit Union and/or you may have with
respect to the Service under all applicable U.S. federal and state laws,
regulations, rulings, including sanction laws administered by the Office of
Foreign Assets Control, and other requirements relating to anti-money
laundering, including but not limited to, the federal Bank Secrecy Act, the USA
PATRIOT Act and any regulations of the U.S. Treasury Department to implement
such Acts, as amended from time to time.
The
Credit Union’s Rights and Responsibilities
1. For all digital images
processed by you pursuant to this Agreement, the digital images will be
converted to Substitute Checks and presented for payment.
2. The Credit Union may in
its sole discretion determine the manner of processing. All such processing and
presentment shall be done in accordance with timeframes and deadlines set forth
in this Agreement and as otherwise established by the Credit Union from time to
time.
3. Unless otherwise agreed
by you and us, the Credit Union will process any returned items in accordance
with applicable law and the Credit Union’s Agreements and Disclosures.
4. Subject to bullet point
6 below, availability of credit from Items processed under this Agreement will
be subject to the Credit Union’s Funds Availability Policy, which may be
amended without notice.
5. The Credit Union may at
its sole option, with or without cause, at any time and from time to time,
refuse to process any digital image. The Credit Union may from time to time
establish exposure limitations and assign them to you.
6. In addition to any other
rights the Credit Union may have as regards your Accounts, we may hold and use
funds in any deposit Account following termination of this Agreement for such
time as the Credit Union reasonably determines that any Item processed by Countryside
Federal Credit Union prior to
termination may be returned, charged back or otherwise a cause
for any loss, liability,
cost, exposure or other action for which the Credit Union may be responsible.
7. Without limitation, you
recognize that under the Rules, the UCC, Regulation CC and the rules of any
digital image the Credit Union's representations and warranties as regards Substitute
Checks may expose Countryside Federal Credit Union to claims for several years following processing of the Substitute
Check.
8. The Credit Union shall
be excused from failing to act or delay in acting if such failure or delay is
caused by legal constraint, interruption of transmission, or communication
facilities, equipment failure, war, emergency conditions or other circumstances
beyond the Credit Union's control.
9. In the event of any of
the foregoing failure or delays, you acknowledge that it may instead deposit
directly with the Credit Union any original items for processing and
presentment provided such original items have not been previously imaged and
processed in connection with Countryside Federal Credit Union Mobile Deposit
Capture Service.
10. Countryside Federal
Credit Union may add, delete or
change the features or functions of the Service, at any time in the Credit
Union's sole discretion.
11. If Countryside Federal Credit Union deems it
reasonably practicable to do so and if the change adversely affects the
Member's usage of the Service, the Credit Union will notify the Member of the
change in advance. Otherwise, the Credit Union will notify the Member of the
change as soon as reasonably practicable after it is implemented, which notice
may be given electronically.
Unavailability of Service
The
Credit Union may cause the Service to be temporarily unavailable to you, either
with or without prior notice, for site maintenance, security or other reasons,
and you acknowledge that factors beyond the Credit Union's reasonable control,
such as telecommunications failure or equipment failure, may also cause the
Service to be unavailable to you. You may deposit original checks and other
items to any deposit Account at the Credit Union in person or in any other
manner permitted by agreement between you and us, and we will be responsible
for maintaining procedures and facilities to enable you to do so if the Service
is unavailable to you.
Processing
Times
1. The business days are
Monday through Friday (see Business Days).
2. Transmissions processed
after 2 p.m. Eastern Standard time on a business day, or on any day that is not
a business day, are treated as occurring on the next business day.
3. Digital images processed for deposit through the Service will be deemed to have
been received by the Credit Union for deposit at the time the Imaged Items are
actually received and accepted at the location where Countryside Federal Credit
Union posts the credit to the
Account.
4. A deposit of a digital
image will be deemed to have been received and accepted by Countryside Federal
Credit Union for deposit when all of
the following have occurred:
a. the Credit Union has
preliminarily verified that the image quality of the Imaged Items is acceptable
to the Credit Union in its discretion,
b. all digital image
information is complete,
c. and the deposit totals
are balanced to the Item information provided for the deposit; and
d. the Credit Union has
successfully performed the verification process with respect to the deposit.
5. Notwithstanding the
foregoing, digital image received by Countryside Federal Credit Union for deposit may be rejected by the
Credit Union in the Credit Union's sole discretion.
6. Digital images will be
processed and ready for presentment by the Credit Union after the Credit Union
receives all good digital images and associated data for any given transmission
from you.
7. If under bullet point 4
above a digital image is not accepted for deposit, the Member may then submit
the original check to the Credit Union for processing or contact the maker to
reissue the check.
8. If you submit the
original check for processing, the Credit Union reserves the right to refuse to
process the check for deposit and presentment to the Payor Financial
Institution and may instead require you to have the maker reissue the check.
Security
Procedures
1. The Member will be
solely responsible for establishing, maintaining and following such security
protocols as deemed necessary to ensure that digital images transmitted
directly to the Credit Union are intact, secure and confidential until received
by the Credit Union.
2. You shall comply with
online instructions for using the Service by taking reasonable steps to
safeguard the confidentiality and security of any passwords, Mobile Devices,
and information provided in connection with the Service.
3. You shall limit access
to any passwords and Mobile Devices to persons who have a need for such access,
closely and regularly monitor the activities of those who access the Service;
notify the Credit Union immediately if you have any reason to believe the
security of confidentiality required by this provision has been or may be
breached; and immediately change the password if the Member knows or suspects
the confidentiality of the Password has been compromised in any way.
4. Security procedures are
not designed for the detection of errors, e.g., duplicate transmissions
of digital images or errors in information provided to the Credit Union. The
Credit Union is not obligated to detect errors by you.
5. The Credit Union may
deny access to the Service without prior notice if unable to confirm any
person's authority to the access the Service or if the Credit Union believes
such action is necessary for security reasons.
6. The Member warrants each time digital images are transmitted
using the Service that the Credit Union's security procedures are reasonable
(based on the normal size, type, and frequency of transmissions).
7. The Member agrees to be responsible for any transmission the
Credit Union receives through this Service, even if it is not authorized by the
Member, provided it includes a password or is otherwise processed by the Credit
Union in accordance with this security procedure.
The
Member Representations and Warranties
The
Member makes the following representations and warranties with respect to each
digital image processed by you pursuant to this Agreement:
1.
The Item is a digital image of the front and back of the Check and accurately
represents all of the information on the front and back of the Check as of the
time you converted the Check to digital image;
2. The Imaged Item contains all endorsements
applied by parties that previously handled the Check in any form for forward
collection or return; and
3.
All encoding, transfer, presentment and other warranties made under applicable
law as the Credit Union is deemed to make under applicable law, including
without limitation those under the UCC, Regulation CC and the rules of any
Substitute Check.
4. There will be no duplicate presentment of a
Check in any form, including as a digitized image, as a paper negotiable
instrument or otherwise and you assume responsibility for any such duplicate
presentment of any Check.
Fees
You
will pay to the Credit Union any applicable fees listed on the Schedule of Fees
incorporated into this Agreement and available to you by request or on our Web
site, www.countryside.org. The Credit Union may increase, alter, add or
otherwise change fees and other amounts payable under this Agreement by the
Member upon 30 days notice. Fees may be automatically debited from your
Account.
Period Statement
Any
remote deposits made through the Service will be reflected on your monthly
statement. You are responsible for any errors that you fail to bring to our
attention with the stated time periods found in the disclosures.
Refer
to the terms and conditions applicable in the Truth-in-Savings Agreement and
Disclosure, Electronic Fund Transfer Agreement and Disclosure and the
Substitute Checks and Your Rights Disclosure for resolution of deposit and
Substitute Check errors found on your periodic statement. Refer to the
disclosures provided at account opening, request a copy from us or go to our
Web site, www.countryside.org, for the most recent version.
Exhibit A
Countryside Federal
Credit Union Mobile Deposit Capture Service
The
Mobile Deposit Capture Application works with a variety of supported mobile
devices and utilizes the built-in camera for the capture of the check images.
The list of supported devices, as of the effective date of this agreement is as
follows:
|
iPhone 3G |
IOS 5 to 7 |
|
iPhone 3GS |
IOS 5 to 7 |
|
iPhone 4G |
IOS 5 to 7 |
|
iPhone 4S |
IOS 5 to 7 |
|
iPhone 5 |
IOS 6 to 7 |
|
IPOD Touch 4G |
IOS 5. to 7 |
|
iPad 2.0 |
IOS 4.0 |
|
iPad 3.0 |
IOS 4.1 |
|
Android Éclair |
2.0/2.1 |
|
Android Froyo |
2.2 |
|
Android Gingerbread |
2.3 |
|
Android Honeycomb |
3 |
|
Android Ice Cream Sandwich |
4 |
|
Android Jelly Bean |
4.1 |
Other
devices may be added from time to time.
You
agree to comply with the requirements above which are incorporated by this
reference.
Agreement to the
Agreement and Disclosure
By
clicking the box below and use of Countryside Federal Credit Union Mobile
Deposit Capture Service, you agree to the terms and conditions of this
Agreement and Disclosure.
(Box
to Continue)