This Mobile Banking and Remote Deposit Capture (“RDC”) Terms and Conditions Agreement (the “Agreement”) include certain provisions governing your use of the Blue Federal Credit Union RDC Service (the “Service”). In this Agreement, the terms “we,” “us,” “our” and the “credit union” refer to Blue Federal Credit Union, which also may be referred to as “Blue FCU”. The terms “you”, “your”, and “Owner” refer to the Member/Primary Owner, Joint Owner/Co-Borrower(s), or Entity/Entities identified in the Membership Personal Account Card for the Account(s) that we approve for your use in connection with the Service. Capitalized terms used in this Agreement that are not otherwise defined herein have the meanings given to them in our Membership and Account Agreement which governs your Accounts with us, and which is hereby incorporated by reference and made a part of this Agreement.
The Service enables you to make deposits to your Eligible Accounts (as defined below) electronically, from a compatible mobile device or by scanning checks through an approved scanner and delivering the images and associated deposit information to the credit union or our designated processor. We will then process the items in your deposits and send them for collection using such methods and collection agents as we may choose in our sole discretion.
There is currently no charge for the Service. We will give you advance notice should we decide to institute a charge in the future. Such notice may be provided electronically or in writing at our discretion. NOTE: Your share and loan accounts with Blue FCU are still subject to the fees, charges, balance requirements, etc. articulated in the Membership and Account and/or Loan Agreement(s) and by withdrawal or transfer limitations under Federal Regulation D. Your Account will be assessed fees in accordance with this regulation (see the Rates and Fees Schedule).
Accounts that have been with the credit union for a minimum of 90 days and are in good standing are eligible for this program. At the time we activate the Service, we will notify you concerning which of your Accounts we have approved for use with the Service. From time-to-time, you may request that we include additional Accounts, and they are likewise subject to our approval. We will activate the Service only after we have reviewed and approved your request to begin using it. As part of our review, you may be required to provide to us such information and documentation as we may request, such as certain financial information, information on your projected use of the Service and other information we may deem necessary or appropriate in assessing risk. Our decision whether to approve or deny your request to use the Service is within our sole discretion.
Hardware and Software Requirements:
To use the Service, you must obtain and maintain, at your expense, compatible equipment and software as specified by the credit union and subject to change from time-to-time. Current equipment and software specifications are: a camera with at least 4MP resolution and for RDC a Twain capable scanner. We are not responsible for, and we make no warranties of any nature with respect to, any third party equipment or software you may need to use the Service. Any such equipment or software is subject to the terms and conditions of any agreements you may enter into with the provider, such as a software agreement you accept at the time of download and installation. We have the right, in our sole discretion, to make changes to the Service from time-to-time which may result in your equipment or software becoming no longer compatible with the Service, and in such event, we will have no responsibility or liability to you.
Items Eligible for Deposit:
Items eligible for deposit through RDC are checks, money orders, cashier’s checks, official checks, U.S. Treasury Checks, or any other payment instrument drawn on a financial institution within the United States in U.S. Currency. Items properly made payable in accordance with all applicable requirements of law, including UCC Articles 3 and 4. Items that are not eligible for deposit through RDC are as follows:
- Foreign check items
- Savings bonds
- Third party check items (double endorsement check items)
- Any other type of item that we may designate by prior notice to you as not eligible for deposit using the Service, or that we may so designate at the time of an attempted deposit by rejecting it and returning it to you, which we may do for any reason in our sole discretion.
Notwithstanding the foregoing, we may from time-to-time in our sole discretion, accept certain ineligible items for deposit through RDC, but in no event do we have any obligation to do so; or in doing so does the credit union guarantee that similar items will be accepted in future deposits made through this or any other Service. In this instance, the credit union will not have any responsibility or liability to you or any other person or entity if we reject any ineligible items. Blue FCU also has the right to reject, for any reason, any item submitted for deposit through RDC.
You are solely responsible for transmitting to us only images of checks that are fully legible and that accurately represent all pertinent information on the front and back of each check. You must utilize only transmission and image formats that conform to the credit union and recognized industry specifications and quality standards. In the event that you transmit an image of an item that we cannot further process due to the poor quality of the image, we will not be responsible or liable to you or any other person or entity for any delay in the processing or presentment of the item.
You agree to restrictively endorse any item transmitted through the Service as “For deposit only, BLUE FCU Bank account #___________” or as otherwise instructed by us. Without limiting your responsibility for the proper endorsement of all items or your liability relating to improper or nonconforming endorsements, we have the right but not the obligation to accept nonconforming endorsements, to supply any missing endorsements, and to attempt to collect items with nonconforming or missing endorsements.
Deposit limits are based on established dollar amounts set by the credit union including an individual item amount and a daily combined amount. We may establish and change these amounts from time-to-time and/or we may place certain restrictions on your use of the Service.
Daily Deposit Deadlines:
Our current cut-off time by which we must receive images from you for processing on the same business day (defined as Monday through Friday, excluding federal holidays) is 2:00 p.m. MST. You will receive notice should the cut-off time change, and such notice may be provided electronically or in writing at our discretion. Any deposit received after the deadline will be processed on the following business day.
Checks deposited through the Service will be credited within one business day; however, all checks that we accept through the Service are accepted and posted for provisional credit only and are subject to possible subsequent return for various reasons as permitted by law (see “Returned Items” below). We may, but have no obligation to, send you a confirmation that we have received your deposit; however, your receipt of any such confirmation does not mean that the transmission was error free or complete or that we have yet accepted and processed the deposit. To confirm whether we have accepted and processed any given deposit and credit to your Account, you may look for the amount of the credit in Online Banking on the following business day, or you may call us at 307-432-5400 or 1-800-368-9328. You agree that once you have transmitted your deposit to us, you will not deposit or attempt to deposit any previously scanned items (either originals or images) with us or any other financial institution.
The credit union may place a hold on check items deposited through RDC. The length of the hold is counted in business days from the day of the deposit and will remain consistent the Blue FCU Funds Availability Check hold policy (see Membership and Account Agreement). Business days do not include Saturday, Sunday, or federal holidays. The credit union will consider the day of deposit to be the business day in which the check is received (based on the receipt deadline stated above).
Check Storage and Destruction - Image Retention:
You are responsible for ensuring that all original checks which have been scanned and transmitted through the Service are securely stored, retained for a reasonable period of time (a minimum of 14 days is recommended), and then disposed of using a reasonable method such as shredding. You are solely responsible and liable for any losses or damages resulting from a lack of adequate controls over the checks. Also, we will have no responsibility or liability to you or any other person or entity relating to the unavailability of any original check after you have destroyed it. We retain images of checks processed through the Service for at least the period of time required by applicable law. You may obtain copies upon request to us, for which we may charge a fee. With respect to any imaged item concerning which we request your assistance for any purpose, such as to aid in the collection process, for audit purposes, or in connection with an investigation by the credit union involving an item that: (i) is illegible or of poor quality; (ii) is deemed part of an unusual transaction; (iii) is the subject of a dispute; or (iv) is for any other reason the subject of an investigation, you agree to promptly produce either the original item if it is still in your possession or your own image of the item to help facilitate our investigation. If you are unable to provide either the original item or a suitable image, then our image or other information in our records relating to the item shall be deemed conclusive as to the terms of the item. If both you and we provide an image (or the original) of any item and the two differ in any material respect, we will be solely responsible for resolving the discrepancy.
Governing Laws, etc.:
You agree that you will not use the Service to initiate any deposits which violate any applicable laws, regulations or other legal authorities. You submit to the jurisdiction of, and this Agreement shall be governed by the laws of, the State of Wyoming, as well as the federal laws of the United States of America. Venue for any action arising out of this Agreement shall be in a state court of competent jurisdiction covering Laramie County, Wyoming, U.S.A. The prevailing party in any such action shall be entitled to the recovery of its reasonable attorney’s fees, costs, and expenses. You also agree to be bound by all applicable requirements of law relating to check collection processes, including:
- the Uniform Commercial Code (“UCC”);
- the Check Clearing for the 21st Century Act (commonly known as “Check 21”), as implemented by amendments to Federal Reserve Board Regulation CC (“Regulation CC”);
- all other applicable provisions of Regulation CC; and
- any clearing house agreements, image exchange agreements, operating circulars or other rules or legal authorities to which the credit union a party or by which we are bound as a participant in the collection process.
Further, you acknowledge that our normal policies, procedures and processes relating to the handling of items submitted for deposit to the credit union through various means will apply, except to the extent that in our sole discretion we may modify them in connection with the Service, and you agree to be bound by such policies, procedures and processes including any that may be described in the Membership and Account Agreement governing your Accounts.
Representations and Warranties; Indemnification:
Each time you transmit a deposit using the Service, you represent and warrant to us that (i) you are transmitting only Eligible Items for deposit to Eligible Accounts, and you are adhering to any other limits or restrictions we may have placed on your use of the Service; (ii) the transmission conforms to our specifications and quality standards and any applicable industry standards, and does not contain any viruses; (iii) there are no duplicate deposits or checks, and you have not submitted any check previously transmitted to us through the Service or otherwise, unless the check was unable to be processed or was returned by us to you and the original reason for such processing failure or return has since been corrected, such that resubmission is proper; (iv) you will not, nor will you permit or cause any other person to, cause or attempt to cause payment on an item to be made more than once by depositing the original check or an image thereof with the credit union or any other financial institution or otherwise seeking collection or payment in any manner, at any time either before or after your transmission of such check through the Service; (v) all information submitted is true and accurate, including that each check image accurately represents all pertinent information on the front and back as of the time of transmission; (vi) each check is properly payable to you or an Joint Owner/Co-Borrower account holder and has been properly endorsed; (vii) you make to us all of the transfer and presentment warranties relating to items under the UCC, including that each check has not been altered and that all signatures on it are authentic and authorized; and (viii) you are complying with this Agreement and all applicable requirements of law.
You agree to indemnify and hold us harmless from any loss or damage we may incur arising out of your breach of any of the foregoing representations and warranties or any other provision of the Agreement, or relating in any way to our acceptance of images of items you transmit to us using the Service; provided; however, that the foregoing indemnification shall not apply to the extent, if any, that a loss or damage is directly caused by our own material breach of the Agreement or by our gross negligence or intentional misconduct.
Rejected or Deposits or Checks Not Received:
We may reject and return all or part of any deposit for any reason in our sole discretion, including for your failure to conform to required image quality standards or your failure to provide proper endorsements. Any item we receive will not be deemed accepted for deposit by us until we have determined that it meets all of our normal requirements for continued processing. We will have no responsibility or liability to you or any other person or entity relating to any deposit or portion thereof that we reject. We also will have no responsibility or liability for any deposit or portion thereof which may be lost in transmission or is otherwise not received by us.
You agree to promptly check the correctness of each Account Statement and to notify us immediately of any suspected errors regarding items deposited through the Service. Unless a longer time period is mandated by applicable law, if you do not notify us within 60 days after the date of the Account Statement, such statement shall be deemed correct and final regarding all deposits made through the Service, and you are thereafter barred from making any claim against the credit union for such alleged error.
As noted above, all items are credited to your Account on a provisional basis, and such credit may be revoked if payment for an item is not received or if the item is returned after initial payment for any reason permitted under applicable law. Any items we accept for deposit through the Service that are unpaid or subsequently returned by the financial institution on which they are drawn will be charged back against your Account and returned to you. You must accept all such returns, regardless of the reason for the return or the form in which it is sent, which may be as a Substitute Check or Image Replacement Document / IRD (legally recognized paper reproductions of the original item) or a digital image or other electronic representation of the information contained on the item. You may be charged deposit reversal fees for any returns, pursuant to our normal policies (see Rates and Fees Schedule). If any return or fee results in an overdraft in your Account, relevant provisions of the nonsufficient funds and overdrafts section of your Membership and Account Agreement will apply.
Disclaimer of Warranties:
UNLESS SPECIFICALLY PROVIDED OTHERWISE IN THIS AGREEMENT OR UNDER APPLICABLE LAW, YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE USE OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. FURTHER, WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
Standard of Card; Limitations on Liability:
WE WILL BE RESPONSIBLE FOR PERFORMING THE SERVICE USING ONLY REASONABLE AND ORDINARY CARE. UNLESS SPECIFICALLY PROVIDED OTHERWISE IN THIS AGREEMENT OR UNDER APPLICABLE LAW, YOU AGREE THAT OUR LIABILITY TO YOU WILL BE LIMITED TO ANY ACTUAL, DIRECT LOSSES OR DAMAGES YOU INCUR THAT ARE DIRECTLY CAUSED BY OUR MATERIAL BREACH OF THIS AGREEMENT OR BY OUR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT; PROVIDED, HOWEVER, THAT OUR MAXIMUM AGGREGATE LIABILITY RESULTING FROM ANY SUCH CLAIMS SHALL NOT EXCEED $500.00. IN NO EVENT WILL WE BE LIABLE FOR ANY 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 RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitations of Service:
When using the Service, you may sometimes experience technical or other problems. We do not assume any responsibility or liability for any technical or other problems, or for any resulting losses or damages you may incur. If at any time and for any reason you are unable to scan or transmit or we are unable to receive your deposits through the Service, and you do not wish to wait for the problem to be corrected, you will be solely responsible at your expense for finding an alternate method to deposit the items, such as by using U.S. Mail or overnight delivery.
Changes to and/or Termination of Agreement:
The terms of this Agreement, applicable fees, and Service charges may be altered or amended by Blue FCU from time-to-time. In such an event, we shall send notice to you either at your address as it appears on our records, via email or by online notice through our Online Banking Service. Any continuation of the Service after we send you a notice of change will constitute your agreement of such change(s). Further, we reserve the right, at any time in our sole discretion, to modify, restrict, suspend or discontinue the Service or any portion thereof or to terminate this Agreement, immediately and without prior notice to you. Without limiting the generality of the foregoing, we may restrict, suspend or terminate your use of the Service if you have a rate of returned items that we consider excessive. If at any time you no longer wish to continue using the Service, you agree to promptly notify us.
You acknowledge and agree that the credit union and/or any third party service provider we may utilize retain all ownership and proprietary rights in the Service and its associated content and technology. You may not copy, reproduce, distribute or create derivative works from the content, and you agree not to reverse engineer or reverse compile any of the technology used to provide the Service.
Acknowledgement and Acceptance of Terms and Agreement:
By acknowledging your acceptance of this Agreement or by using Blue Federal Credit Union’s Mobile Banking and Remote Deposit Capture Service, you agree to be legally bound by and to adhere to all of the terms and conditions of the Agreement and of any other documents, whether in written or electronic form, which we may provide to you from time-to-time and which contain additional provisions or instructions applicable to the Service, and to any amendments made thereto.