MOBILE REMOTE DEPOSIT CAPTURE (RDC) SERVICES DISCLOSURE AND AGREEMENT
Taleris Credit Union’s Mobile Deposit is the service that allows members to deposit checks into eligible checking and savings accounts from remote locations using their mobile device. To utilize Mobile Deposit you must be enrolled in Taleris Credit Union’s Online Services (Teller 24e), and have the Taleris Credit Union Mobile App installed on your personal mobile device. By enrolling in this service you are accepting all the terms and conditions of this agreement. “You” and “your” mean the person using Mobile Deposit. “Our,” “us,” and “we” mean Taleris Credit Union.
Use of Service
Mobile Deposit will not work unless it is used properly. You accept responsibility for making sure that you know how to use Mobile Deposit. You agree to use this service in accordance with the instructions posted at www.taleriscu.org. You also accept responsibility for making sure that you know how to properly use your mobile device. In the event that we change or upgrade Mobile Deposit, you are responsible for making sure you upgrade the software on your personal mobile device. We will not be liable for any losses caused by your failure to properly use Mobile Deposit or your personal mobile device.
You agree that when you use Taleris Credit Union’s Online Services, you remain subject to the terms and conditions of your existing Agreements with Taleris Credit Union except as expressly otherwise stated herein; and with any unaffiliated service providers, including, but not limited to your mobile service provider, and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations, and restrictions which might impact your use of Taleris Credit Union’s Online Services (such as data usage or text messaging charges), and you agree to be solely responsible for all such fees, limitations, and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us. Any account accessed through this service is also subject to the account agreements and disclosures provided at the time of account opening. You should review your disclosures carefully as they may include transaction limitations or fees which may apply to your use of Taleris Credit Union’s Online Services.
Hardware and Software
In order to use the service you must maintain, at your own expense, compatible hardware and software as specified by the credit union (section III 1a). Taleris Credit Union is not responsible for any third party software you may need to use the service. 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 time of download and installation.
Limitations on Service
When using the remote deposit capture service, you may experience technical or other difficulties. Taleris 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.
To be eligible for Mobile Remote Deposit Capture you must meet the following requirements at the credit union:
Enrolled in the Online banking service (teller 24e) with Taleris Credit Union.
At least 18 years of age.
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.
The credit union does not allow Mobile Remote Deposit Capture for the following account types:
Federal Fiduciary Accounts
Representative Payee Accounts
Individual Retirement Accounts
Share Certificates Loans
Each image must provide all the information on the front and back of the original check as presented to you by the drawer, including, but not limited to information about the drawer and the paying bank that is preprinted on the original check, MICR information, signature(s), required identification written on the front of the original check, and any endorsements applied to the back of the original check. The image quality must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house, or association, or the image may not be accepted. The image transmitted to Taleris Credit Union must be legible and contain images of the front and the back of the check. If we determine, in our sole discretion, that any image quality does not comply with the requirements as set forth above, we may choose not to accept the item, return it to you, and charge your account for the amount of the item. Any loss we or you incur from a delay or processing error resulting from a failure to meet these standards will be your responsibility
You agree that you will not submit any of the following types of checks or other items which shall be considered ineligible items:
Checks made payable to any person other than the person that owns the account that the check is being deposited into.
Checks containing alterations or any item of which you know or suspect, or should know or suspect, fraudulent or otherwise not authorized by the owner of the account on which the check is drawn
Checks payable jointly, unless deposited into an account in the name of all payees and have endorsements of all payees
Third party checks (e.g., a check payable to someone else, endorsed and signed over to you).
Checks previously negotiated
Checks previously converted to a substitute check, as defined in the Board of Governors of the Federal Reserve Regulation CC
Checks drawn on financial institutions located outside the U.S. and/or checks not payable in U.S. Currency
Checks that are remotely created, as defined in the Board of Governors of the Federal Reserve Regulation CC
Checks marked non-negotiable
Checks dated more than 6 months prior to the date of deposit
Checks that are post-dated
Checks that require an authorization (ex: COMCHECKS)
Savings bonds, money orders, travelers checks, or demand drafts
Checks that are drawn on your account at Taleris Credit Union
Checks made payable to “Cash”
Checks that are incomplete
Checks that are not properly endorsed, as described in this Agreement.
Checks that are in violation of any federal or state law, rule, or regulation
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
You agree to endorse all items with your signature and the words “For Mobile Deposit Only to Taleris Credit Union”. Any mobile deposits received without this endorsement will be rejected. If the check is made payable to you OR your joint owner, either of you may endorse the check. If the check is made payable to you AND your joint owner, both of you MUST endorse the check. Taleris Credit Union reserves the right to reject any item that is not properly endorsed.
Receipt of Deposit
We reserve the right to reject any item transmitted through Mobile Deposit, at our discretion, without liability to us. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from Credit Union that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, complete, or will be considered a deposit and credited to your account. We further reserve the right to charge your account at any time for the amount of any item that we subsequently determine was not an eligible item. You agree that we are not liable for any loss, costs, or fees you may incur as a result of TCU charging your account for the amount of an ineligible item.
Any credit to your account for checks deposited using Mobile Deposit is provisional. If original 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 agree that an original check will not be returned to you, but that we may charge back the amount of the original check and provide you with an image of the original check, a paper reproduction of the original check or a substitute check. 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. We may debit any of your accounts 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 made timely.
Availability of Funds
You agree that items transmitted using Mobile Deposit are not subject to the funds availability requirements of the Board of Governors of the Federal Reserve Regulation CC, therefore longer holds may apply. You understand that for the purpose of deposit using this service, the place of deposit is Independence, Ohio. In general, if an image of an item you transmit is received AND ACCEPTED before 3:00 p.m. EST, Monday through Friday, we will consider that the day of deposit. Otherwise, we will consider the deposit was made on the next business day that we are open. Generally, funds will be made available within two (2) business days from the date of deposit.
Once the Mobile Deposit has been credited to your account, you must securely store the original check for sixty (60) calendar days. After sixty (60) calendar days, you agree to destroy the original check by marking it “VOID” and disposing of it in a way that will prevent it from being re-presented for payment. From time to time we may request that you provide us the original check. You must make the original check available to us, at your expense, within ten (10) calendar days. If we do not receive the requested item within the time allotted, we reserve the right to reverse the deposit from your account.
We may establish limits on the dollar amount and/or number of items or deposits (and may change the limits at any time). If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times.
You agree to notify Taleris Credit Union of any suspected errors regarding items deposited through the Mobile Deposit right away, and in no event later than sixty (60) days after the applicable account statement is sent. Unless you notify Taleris Credit Union within sixty (60) days, such statement regarding all deposits made through Mobile Deposit shall be deemed correct, and you are prohibited from bringing a claim against Taleris Credit Union for such alleged error. You may notify us at:
Taleris Credit Union
P.O. Box 318072
Cleveland, OH 44131-8072
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 Taleris Credit Union. You authorize Taleris Credit Union to debit any fees and charges for the Service from 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 Taleris 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 Taleris Credit Union in connection therewith.
Mobile Deposit Unavailability
Mobile Deposit may be unavailable temporarily 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 or through ATMs.
Acceptance of these Terms
Your use of Mobile Deposit constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via mail, e-mail, text message, or on our website by providing a link to the revised Agreement, or by an online secure message. Further, Taleris Credit Union reserves the right, at its sole discretion, to change, modify, add, or remove portions of service from Mobile Deposit. Your continued use of the Services will indicate your consent to be bound by the Revised Agreement.
You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through Mobile Deposit in your possession, and your records relating to such items and transmissions.
We may terminate this Agreement at any time and for any reason. This Agreement shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use Mobile Deposit for any unauthorized or illegal purposes, or you use Mobile Deposit in a manner inconsistent with the terms of your Member Services Agreement or any other agreement with us.
We 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 as permitted by law.
Ownership & License
You agree that Taleris Credit Union retains all ownership and proprietary rights in Mobile Deposit, associated content, technology, and website(s). Your use of Mobile Deposit 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 Mobile Deposit. Without limiting the restriction of the foregoing, you may not use Mobile Deposit (1) in any anti- competitive manner, (2) for any purpose which would be contrary to Taleris Credit Union’s business interest, or (3) for actual or potential economic disadvantage to Taleris Credit Union in any aspect.
Account Ownership/Accurate Information
You represent that you are the legal owner of the Account(s) and other financial information which may be accessed via Taleris Credit Union’s Online Services. You represent and agree that all information you provide to us in connection with Taleris Credit Union Online Services and any associated features and services is accurate, current, and complete, and that you have the right to provide such information to us for the purpose of using Mobile Deposit. You agree not to misrepresent your identity. You represent that you are an authorized user of the mobile device you will use to access Taleris Credit Union’s Online Services.
You agree to take precautions to ensure the safety, security, and integrity of your account and transactions while using Taleris Credit Union’s Online Services. You agree not to leave your device unattended while logged in, and to immediately log off at the completion of each access by you. You agree not to provide your username, password, or other access information to any unauthorized person. If you permit other persons to use your device, login, or other means to access Taleris Credit Union’s Online Services, you are fully and wholly responsible for any transactions they may authorize, and we will not be liable to you for any damages.
You warrant to Taleris Credit Union that:
You will only transmit eligible items that are properly endorsed.
Images will meet the image quality standards.
You will not transmit duplicate items.
You will not deposit or represent the original item.
All information you provide to Taleris Credit Union is accurate and true.
You will comply with this Agreement and all applicable rules, laws and regulations.
You are not aware of any factor which may impair the collectability of the item.
You understand and agree that you are required to indemnify Taleris 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.
Limitation of Liability
YOU AGREE THAT TALERIS CREDIT UNION 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 THE SERVICES 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 WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.
Disclaimer of Warranties
YOU AGREE YOUR USE OF THE SERVICES 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 THE SERVICES, 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 THE SERVICES (I) WILL MEET YOUR REQUIREMENTS, (II) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
MOBILE REMOTE DEPOSIT CAPTURE (RDC) SERVICES DISCLOSURE AND AGREEMENT