SeaComm Federal Credit Union Mobile Deposit Capture Agreement

 

This agreement contains the general terms and conditions that govern the use of Mobile Deposit Capture provided to you by SeaComm Federal Credit Union (SeaComm).

Service Definitions

“Business Day” is every Monday through Friday, Eastern Time, excluding Federal Reserve holidays.

 

“Service” refers to SeaComm’s Mobile Deposit Capture Service

Use of Service

The Service allows you to deposit checks into eligible SeaComm accounts from a remote location by using a compatible mobile device which images the items and associated deposit information and transmits the information electronically to SeaComm.  In order to use this Service, you must obtain and maintain, at your expense, compatible hardware.  SeaComm is not responsible for the functionality or maintenance of any third party hardware or software you may need to use this Service.

 

You are prohibited from using the services for any activity that

a)       Would result in you being or becoming a “money service business” as defined in the Bank Secrecy Act and its implementing regulations;

b)       Knowingly accepting restricted transactions in connection with another person in unlawful Internet Gambling as defined in the Unlawful Internet Gambling Enforcement Act and regulation GG (Prohibition on Funding of Unlawful Internet Gambling); or

c)        Directly or indirectly related to the use of the services that is illegal or fraudulent.

Agreement Acceptance

The acceptance of this Agreement and use of the Service means you agree to all terms and conditions in this agreement.  Please read this Agreement carefully and keep a copy for your records.

Eligibility and Qualification Requirements

To qualify for this Service, you must meet eligibility criteria as determined by SeaComm, including having all accounts in good standing.

Limitations of Service

When using this Service, you may experience technical or other difficulties.  SeaComm does not assume liability for any technical or other difficulties that may be incurred.  SeaComm reserves the right to change, suspend, or revoke Services immediately and at any time without prior notice to you.  In the event this Service is not available to you, you acknowledge that you can deposit your check at a branch location or through a SeaComm ATM.

Charges or Fees

If an item you transmit for deposit is dishonored, rejected, or otherwise returned unpaid, you agree that we may charge back the amount of the return to the account the check was originally deposit to and you will be assessed a fee in the amount shown on SeaComm’s current Service Fee Schedule for a returned check.  If there are not sufficient funds in your account to cover the amount of the returned check, the account will be overdrawn and you will be responsible for payment. 

 

You acknowledge that wireless providers may assess fees, limitations, or restrictions.  You agree that you are solely responsible for all such fees, limitations, and restrictions, and that we may contact you via your wireless device for any purpose concerning your accounts at SeaComm, including but not limited to account servicing and collection purposes.

Eligible Items

You agree to scan and deposit only “checks” as that term is defined in Federal Reserve Regulation CC, Availability of Funds and Collection of Checks.

Ineligible Items

You agree that you will not use this Service to scan and deposit any ineligible items including but not limited to the following:

 

a)       Checks or items payable to any person or entity other than you (third party checks)

b)       Stale-Dated and Post-Dated checks

c)        Checks or items containing an obvious alteration to any of the fields on the front of the check or item, which you know or suspect, or should know or suspect, to be fraudulent.

d)       Checks or items drawn or otherwise issued by you or any other party on any of your SeaComm accounts

e)       Checks or items not payable in United States currency

f)        Items drawn on financial institutions located outside the United States

g)       Items previously converted to a substitute check

h)       Money orders and travelers checks

i)         Amex Gift Cheques

j)         Savings Bonds

k)        Checks that require authorization

l)         State-issued registered warrants

m)     Checks from another financial institution to a closed account

n)       Checks prohibited by, or received in violation of, any law, rule or regulation

o)       Checks that have been previously cashed or deposited

p)       Non-negotiable items

Image Quality

The image of the item transmitted to us must be clearly legible.  The image being transmitted must comply with all standards for image quality established by ANSI, clearing house, association, or any other regulatory agency.

Endorsement Requirements

You agree to endorse all items with your signature and print “For Mobile Deposit Only at SeaComm” on all items.  SeaComm reserves the right to reject all items that are not endorsed as specified.

Deposit Limits

When using the Service to deposit funds such deposits are generally limited to $2,500 per business day and $1,500 per item.  SeaComm reserves the right to alter deposit limits at any time and for any reason.

Receipt of Items

SeaComm reserves the right to reject any item transmitted through this Service, at our discretion.  We are not liable for items we do not receive or for images that are not transmitted completely. 

Provisional Credit and Availability of funds

Deposits made through the Service are not subject to the standard provisions of Regulation CC – Expedited Funds Availability Act.  As such, longer hold periods may apply.  Local checks submitted through the Service will generally be available according to the following scenario:

 

                If a deposit is received through the Service prior to 9PM on any Business Day:

·         Up to $500 of the check will be made available that day;

·         Remaining funds will be available within 1 Business Day.

If a deposit is received through the Service after 9PM, on any non-Business Day (including Holidays):

·         Up to $500 of the check will be made available that day;

·         Remaining funds will be available within 1 Business Day following the first Business Day after the day of the deposit.

Credit given for the deposit is provisional and subject to final approval and clearance of the item.  Funds you deposit may be delayed for a longer period of time when we have reasonable cause to believe the check is uncollectible.  With respect to each item deposited through the Service, you agree to indemnify and reimburse SeaComm for and hold SeaComm harmless from and against any and all losses, costs, and expenses.

Retention and Disposal of Items

You agree to retain each item for no fewer than 30 days after your funds have been posted to your account.  Upon receipt of these funds, you agree to mark the items prominently as “Void” and to dispose of the items(s) in a way that prevents it from being re-presented for payment.  You agree to store each retained item in a secured locked container until such proper disposal is performed.  You will promptly provide any retained item to SeaComm as requested to aid in the clearing and collection process or to resolve claims by third parties with respect to any item.

 

You will be fully responsible for the destruction of the checks.  You agree to use commercially reasonable methods to destroy original checks after the required retention period has expired.  You agree to dispose of the original checks with a high degree of care, including selecting and implementing appropriate destruction and disposal procedures. 

Errors or Discrepancies

Notify SeaComm as soon as possible if you believe your statement is incorrect, or if you need more information about a transaction listed on the statement.  We must hear from you no later than 60 days after we sent the FIRST statement on which the problem appeared.  If you do not notify us within 60 days from the date your statement was sent, you may not be compensated for any losses.

Security Requirements

To prevent unauthorized usage of the Service, you agree to ensure the security of the mobile device you own and use to access the Service.  By securing the device, we specifically mean keeping the security software current, installing operating system patches and updates, as well as securing the physical device from theft or unauthorized use.

Disclaimer of Warranties

SeaComm’s representations, warranties, obligations, and liabilities and your rights and remedies, set forth in this Agreement, are exclusive.  The software is provided by SeaComm and its licensors “as is” and on an “as available” basis.  We disclaim all warranties of any kind as the use of the services, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose.  We make no warranty that the services (i) will meet your requirements, (ii) will be uninterrupted, timely, secure, or error free, (iii) that the results that may be obtained from the service will be accurate or reliable, and (iv) that any errors in the services or technology will be corrected.

Limitation of Liability

SeaComm’s liability for errors or omissions with respect to the data transmitted or printed by SeaComm will be limited to correcting the errors or omissions. 

User Warranties and Indemnification

You warrant to SeaComm 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 re-present the original item once it has been scanned and sent through this Service, unless specifically requested to do so by SeaComm.

e)       All information you provide to SeaComm is accurate and true.

f)        SeaComm will not sustain a loss because you have deposited an image.

g)       You will comply with this Agreement and all applicable rules, laws, and regulations.

h)       Item you transmit do not contain viruses.

You agree to indemnify and hold harmless SeaComm from any loss for breach of the warranty provision.

Change in Terms & Termination

SeaComm reserves the right to change the terms and conditions of this Service or terminate this Agreement without notice at any time.  SeaComm reserves the right to terminate or restrict any or all of the Service at any time and without reason or notice.

Governing Law

This Agreement supplements the terms of your Membership Agreement and Disclosures.  Together they constitute the entire Agreement between you and SeaComm with respect to the Service.  You may not assign this Agreement.  This Agreement is governed by the laws of the State of New York 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.  Unauthorized use of this Service is strictly prohibited.