This Northwest Federal Credit Union ("Credit Union") Remote Deposit and Mobile Deposit Agreement covers the use of the Credit Union's remote check deposit and mobile deposit services ("Services", "Authorized Services"). By using Remote Deposit or Mobile Deposit, you agree to the terms of this Agreement. Please read this Agreement carefully and print a copy for your records. Each of your accounts at the Credit Union is also governed by the applicable Account Agreement and Disclosure. As used in this Agreement "you" or "your" refers to the person(s) subscribing to or using the Services (including without limitation others you permit to use the Services). "Credit Union", "we", "us" or "our" refers to the Credit Union and any agent, independent contractor, designee, or assignee the Credit Union may, in our sole discretion, involve in the provision of the Services. "Check" or "Checks" refers to a check(s) or draft(s). The first time you deposit a Check through the Services confirms your receipt and understanding of this Agreement.
This Agreement constitutes the agreement between you and us related to the Services, and supplements any other agreement or disclosure related to any of your Accounts. In the event of a conflict between this Agreement and any other agreement or disclosure related to any of your Accounts, any statement by our employees or agents, or any representation or statement relating to or set forth in the Software, as to matters relating to the Services, this Agreement will control. In addition to this Agreement you agree to be bound by and will comply with the requirements of the applicable Account Agreement and Disclosure , the Credit Union's rules and regulations, the rules and regulations of any funds transfer system to which the credit union belongs, and applicable state and federal laws and regulations. You agree not to engage in conduct that would violate CO-OP Financial Services' or any third party's rights in the System or the Authorized Services.
Remote Deposit and Mobile Deposit allow you to deposit Checks directly to your accounts at the Credit Union through the use of a personal computer, phone or tablet using your Credit Union Online Banking service. Check images will be processed through the Ensenta program provided by the CO-OP Financial Services. In order to use the Services you will need the following:
To use our built-in Check scanning software, you will need:
Computer Operating System:
Any modern operating system
Modern version of:
IE (compatibility mode is not supported)
To use your regular scanning application, you will need:
Computer Operating System:
Any modern operating system
High Speed Internet Connection
The image of the Check deposit must be in one of the following formats in 200-300 DPI or via camera in 1600 x 1200 pixels and no greater than 2 MB in size:
You will be asked to identify the account to which you would like the Check or Checks to be deposited. The Credit Union will provide you with periodic statements that will identify the deposits that you make using the Services. You agree that it is your responsibility to review your periodic statements to verify that deposits made through the Services have been received and are accurate. You agree to notify us promptly by email or by telephone within the applicable time periods as specified by federal/state law of any error or irregularity.
You are solely responsible for scanning the Checks to be deposited, for accessing the Services, and for maintaining your scanning equipment. You are also responsible for the payment of internet access, message and data expenses associated with the Services. The Credit Union is not responsible for providing or servicing any equipment required for the Services.
You agree that once a Check has been deposited through the Services, the original physical Check is your property and not the property of the Credit Union. You agree to retain the original Check for a period of at least 90 days and to then properly destroy the original Check in a manner that does not allow the original Check to be accessed by an unauthorized person(s) and in a manner so that the original Check is no longer readable or capable of being reconstructed. While the original Check is in your possession, you agree to use a high degree of care to safeguard the original Check against security risks. Security risks could include, among other things, the theft or reproduction of the original Check or unauthorized use of the information on the Check.
Once you have used the Services to deposit a Check you agree not to present or to attempt to present the original Check or a substitute Check of the original Check again for deposit through the Services or through any other means. You further agree not to allow anyone else, either directly or indirectly, to present or attempt to present the original Check or a substitute Check of the original Check again for deposit by any means. Should you or another party present or attempt to present a Check or substitute Check in violation of this section, the amount of the Check will be debited from your account, and you agree to indemnify, defend and hold the Credit Union and its agents harmless from and against all liability and damages that may result from any claims, suits or demands from third parties with respect to the represented original or substitute Check.
ACCEPTANCE OF ITEMS FOR DEPOSIT
You agree that the Credit Union can at any time and in its sole discretion refuse to accept any particular Check or Checks for deposit through the Services. For example, we may not accept the following types of Checks for deposit:
- Checks drawn on an institution or other person located outside of the United States;
- Photocopies of Checks;
- Certificates of deposit;
- IOUs or other similar items;
- Checks where there is a duplicate code line;
- Checks missing the routing/transit number in the code line;
- Redeposited Checks with an IRD-amount encoded;
- Checks with an invalid or incorrect routing number;
- Checks that do not contain a restrictive endorsement required by the Credit Union;
- Checks on which there has been an obvious alteration;
- Checks that are not signed by the maker (except for items where a maker's signature is not required);
- Checks that are stale-dated (dated more than six months prior to the date of the deposit).
- Checks for amounts that exceed our limits per check or per total checks in a stated time period. The Credit Union has the right to impose a daily limit on the dollar value of Checks accepted for deposit through the Services, to change the limit at any time and to make exceptions to the limit from time to time at the sole discretion of the Credit Union.
The Credit Union will also not accept Checks that do not meet our quality standards. This could include, but is not limited to:
- Checks where the front image file is too large or too small;
- Checks where the front and/or back image is too dark or too light;
- Checks where the front and/or back image is undersize or oversize;
- Checks where the rear image has a dimension mismatch;
- Checks where there is a discrepancy between the numerical and written amounts may be accepted for deposit and processed for the written amount.
In the event that the Services are interrupted or not available, you may choose to deposit your Check or Checks at an ATM that bears one of the logos displayed on your Credit Union Visa® Debit Card provided that particular ATM is one which accepts deposits from individuals who do not have accounts with the owner of the ATM.
You agree to provide the Credit Union with the authority to supply a Check with an endorsement on your behalf for deposit to your account in situations where a Check is a missing or has an improper endorsement. You agree to reimburse the Credit Union for all losses related to your failure to properly endorse a Check exactly as drawn or related to your deposit of a Check that contains multiple endorsements or a missing or improper endorsement.
AVAILABILITY OF FUNDS
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 such other factors as we, in our sole discretion, deem relevant.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that all signatures on each Check you deposit through the Services are authentic and authorized and that the Check has not been altered. You represent that you are a person authorized to enforce each Check you deposit or are authorized to obtain payment for each Check on behalf of a person entitled to enforce the Check. You further represent and warrant that you will comply with all applicable federal and state laws and regulations.
If you breach any of these representations and warranties, you agree to indemnify, defend and hold the Credit Union and its agents harmless from and against any and all liability, damages or losses arising from any claims, suits or demands from third parties with respect to a breach of these representations and warranties. You further agree and authorize the Credit Union to debit your account of the amount of any such claim, suit or demand that results from a breach of warranty claim as defined under the Uniform Commercial Code.
You represent and warrant that you are solely responsible for any and all financial risk, such as the risk that a Check will be returned for insufficient funds, that may be associated with the use of the Services. You further represent and warrant that you assume sole responsibility for the instructions you provide to the Credit Union, for any failure on your part to properly access the services, or for input errors.
You warrant that you or any authorized users will not: 1) sell, lease distribute, license or sublicense the Remote Deposit and Mobile Deposit technology or services,; 2) modify, change, alter, translate, create derivative works from, reverse engineer, dissemble or decompile the technology or services in any way for any reason; 3) provide, disclose, divulge or make available to, or permit use of the technology or services by any third party; 4) copy or reproduce all or any part of the technology or services; or 5) interfere, or attempt to interfere with the technology or services in any way.
CREDIT UNION'S OBLIGATIONS AND DISCLAIMERS
The Credit Union agrees to act on your appropriate instructions and to transmit all financial data under our control that is required to utilize the Services. The Credit Union will use commercially reasonable measures, consistent with industry standards, to maintain a level of security and confidentiality of your user number, password, test key, or code or identifier.
We make no representations or warranties, whether express or implied, regarding the Remote Deposit and Mobile Deposit technology or services. The Credit Union further specifically disclaims any and all implied warranties of merchantability, fitness for a particular purpose and noninfringement. We do not guarantee that your access to the services provided under this Agreement will be uninterrupted, error-free or secure. We also do not guarantee the accuracy of, and specifically disclaim liability for, information or data that is supplied or key-entered by you or your agents.
LIMITATION OF LIABILITY/INDEMNIFICATION
The Credit Union is not liable for any delays that happen for reasons beyond our control, including but not limited to acts of civil, military or regulatory authorities, national emergencies, riots, weather, unavoidable difficulties with equipment, unavailability of the Internet or other service provider or any hardware or software failure, whether caused by a virus or otherwise.
In no event will the Credit Union's liability under this Agreement for any damages of any kind exceed an amount equal to the amount of Checks received from you for remote deposit or mobile deposit during the month preceding the date on which any claim asserted by you first accrues. The Credit Union will not be liable for any special, indirect or consequential damages, even if the Credit Union has been advised of the possibility of these damages. You agree that the dollar limitation described in this section is reasonable, even if actual damages exceed this limitation. Except for losses or expenses that are attributable to the Credit Union's gross negligence or willful misconduct, you agree to indemnify the Credit Union for any loss or expense we sustain (including interest, costs, attorney's fees and expenses of litigation) resulting from: 1) your lack of authority to make the warranties in the previous section; 2) any action taken or not taken by the Credit Union within the scope of our authority in handling a Check; 3) any warranty required to be made by the Credit Union with respect to a Check under applicable law or regulation; or a breach of the representations or warranties in the previous section.
The Credit Union reserves the right to terminate this Agreement and your access to the Services through the Credit Union, in whole or in part, at any time. We also reserve the right to terminate this Agreement immediately, with or without cause, or if you fail to comply with the terms of this Agreement or any other agreement that you may have with us or any applicable law, rule or regulation that may govern your account(s), including the terms of the Account Agreement. If we terminate this Agreement for any of these reasons, the termination will be effective on the effective date specified in the notice emailed to you, and not on the date when the notice is emailed or received. We may amend/modify this Agreement at any time for any reason, by sending electronic or written notice of the amendment/modification within thirty (30) days of the effective date of the amendment/modification. The date of the notice is the date the notice is sent to you (the Email Date), regardless of when you receive and/or open the notice. No waiver by either party of any provision of this Agreement will be deemed a waiver of any other provision hereof or of any subsequent breach by such party of the same or any other provision.
The Credit Union may assign its rights and responsibilities under this Agreement to independent contractors or other third parties.
GOVERNING LAW/ JURISDICTION/ SEVERABILITY
This Agreement will be governed by and construed under the laws of the State of Virginia. All actions, suits or proceedings to enforce or interpret the terms of this Agreement will be brought and prosecuted in a court of competent jurisdiction in Fairfax County, Virginia.