Effective: August, 2012
This Addendum (“Addendum”) sets forth the terms and conditions of SCE FCU’s Deposit Anywhere for mobile devices (the “Service”) and is hereby incorporated into and is made part of the SCE FCU Membership Agreement and Disclosure. In the event of a conflict between this Addendum and the Membership Agreement and Disclosure, the Addendum will govern. Use of this service, constitutes acceptance of the Terms and Conditions.
Deposit Anywhere (for mobile devices) - This service allows you to remotely deposit paper checks by electronically transmitting a digital image into eligible deposit accounts from a remote location via an application (the “App”) installed on your supported mobile device.
Equipment - To use this Service, you must have one of the following devices:
- iPhone, iPad™ and iPod touch® devices
- Version 4.0+ operating system
- Android devices
- Version 2.0+ operating system
Use of Service - Upon receipt of the digital image, SCE FCU will review the image for acceptability. You understand and agree that receipt of an image does not occur until after we notify you of receipt of the image via email notification and/or once the deposit shows on the mobile Deposit History feature. You understand that, in the event you receive a notification from SCE FCU confirming receipt of an image, such notification does not mean that the image contains no errors or that SCE FCU is responsible for any information you transmit to SCE FCU. We are not responsible for any image that we do not receive. Following receipt of the image, we may process the image by preparing a "substitute check" or clearing the item as an image. Notwithstanding anything to the contrary, SCE FCU reserves the right, within our sole and absolute discretion, to accept or reject any item for remote deposit into your Account. You understand any amount credited to your Account for items deposited using the Services is a provisional credit and you agree to indemnify SCE FCU against any loss you suffer because of our acceptance of the remotely deposited check.
Guarantee Specific to Deposits Received for Credit to a Business Account:
Your use of the Services for the purpose of depositing to a Business Account constitutes your understanding and agreement that you may be personally liable for any expenses SCE FCU incurs in attempting to obtain final payment for the item in question, outside of the routine costs associated with item processing, in the event of a default by the Business. This includes, but is not limited to recovery of the amount credited in the event of non-payment, collection costs and attorney's fees as applicable, as well as any and all costs associated with SCE FCU enforcing this Guarantee. This Guarantee shall benefit SCE FCU and its successors and assigns.
Compliance with Law - You agree to comply with all operating procedures used by SCE FCU for processing transactions. You further agree to only transmit acceptable items for deposit and have handled the original items in accordance with all applicable state or federal laws, rules, and regulations, as well as laws pertaining to the conduct of your business if applicable. You also agree that you will not engage in any activity directly or indirectly related to use of this product or service that is illegal or fraudulent. You promise to indemnify and hold SCE FCU harmless from any damages, liabilities, costs, expenses (including attorneys' fees) or other harm arising out of any violation thereof. This indemnity will survive termination of your Account and this Agreement.
Check Requirements - Any image of a check that you transmit to SCE FCU must accurately and legibly provide all the information on the front and back of the check at the time presented to you by the drawer. Prior to capturing the original check, you will indorse the back of the original check. Your endorsement will include your signature and the following information: Account Number, today's date, and the words "for deposit at SCE FCU". The image of the check transmitted to SCE FCU must accurately and legibly provide, among other things, the following information: (1) the information identifying the drawer and the paying bank that is preprinted on the check, including complete and accurate MICR information and the signature(s); and (2) other information placed on the check prior to the time an image of the check is captured, such as any required identification written on the front of the check and any endorsements applied to the back of the check. The image quality for the check will meet the standards for image quality established by the American National Standards Institute ("ANSI"), the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association.
Rejection of Deposit - SCE FCU is not liable for any service or late charges levied against you due to our rejection of any item. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your Account due to an item being returned.
Returned Deposits - With respect to any item that you transmit to us for remote deposit that SCE FCU credits to your Account, in the event such item is dishonored, you authorize us to debit the amount of such item from the Account.
Unavailability of Services - You understand and agree that the Services may at times be temporarily unavailable due to the Credit Union’s system maintenance or technical difficulties including those of the Internet service provider, cellular service provider and Internet software. In the event the Services are unavailable, you acknowledge that you can deposit an original check at our branch or through our ATMs or by mailing the original check to SCE FCU, PO Box 8017, El Monte, CA 91734. It is your sole responsibility to verify that items deposited using the Services have been received and accepted for deposit by us.
Business Day and Availability Disclosure - For purposes of this disclosure our business days are Monday through Friday, are 8am to 3pm (PST), excluding holidays or any other day we are not open for business. Transmissions processed after these business hours on a business day, or on any other day that is not a business day are treated as occurring on the next business day.
Funds Availability - You understand and agree, for purposes of deposits made using the Services, the place of deposit is Irwindale, California. Funds deposited by use of this service will be available for withdrawal by the second business day after the day of the deposit. Additional delays may occur on a case-by-case basis. Please note that the Expedited Funds Availability Act (Reg. CC) does not apply to deposits made using this Service, thus for determining availability, the terms of this Addendum apply. If you need the funds from a deposit made available sooner than provided under the Service, right away, please contact us at 800.866.6474 or visit one of our branches to discuss additional options that may be available to you.
Accountholder's Warranties - You make the following warranties and representations with respect to each image of an original check you transmit to SCE FCU utilizing the Services:
- Each image of a check transmitted to SCE FCU is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
- The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
- You will not deposit or otherwise indorse to a third party the original item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paid.
- You have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.
- You are authorized to enforce each item transmitted or are authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item.
- You have possession of each original check deposited using the Services and no party will submit the original check for duplicate payment.
Limitations on Frequency and Dollar Amount - You understand and agree that you cannot exceed the limitations on frequency and dollar amounts of remote deposits that are set forth by SCE FCU. The maximum total deposits per calendar day cannot be greater than $5,000 and/or exceed a total limit of 3 transactions in one calendar day. SCE FCU may, at its discretion, raise or lower these limits without notice.
Unacceptable Deposits - You understand and agree that you are not permitted to deposit the following items using the Services:
- Any item drawn the account you are depositing to.
- Any item stamped with a "non-negotiable" watermark.
- Any item that contains evidence of alteration to the information.
- Any item issued by a financial institution in a foreign country or not payable in United States currency.
- Any item that is incomplete or with a restrictive endorsement.
- Any item that is “stale-dated”, i.e., dated more than 6 months prior to the date of the deposit.
- Any item that is “post dated”, i.e., dated after the date of the deposit.
- Any third party item, i.e., any check or item that is made payable to another party and then endorsed to you by such party.
- Savings Bonds
Storage of Original Checks - You mustsecurely store each original check for a period of 14 days after transmission and final credit is given to your account. If you are using the Service to deposit items into an account in the name of a Business to which you are a party you understand this means the original check(s) must be accessible only under dual control by your authorized personnel. Persons who have access to the stored checks must be fully bondable and have passed a thorough screening. After such period expires, all checks must be destroyed in a manner that will assure the check cannot be reconstituted. You understand and agree that you are responsible for any loss caused by your failure to secure the original checks.
Accountholder's Indemnification Obligation - You understand and agree that you are required to indemnify SCE FCU and hold SCE FCU harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys' fees and expenses arising from your use of the Services and/or breach of these Terms and Conditions. You understand and agree that this paragraph shall survive the termination of this Agreement.
Periodic Statement - Any remote deposits made through the Services will be reflected on your monthly account statement. You understand and agree that you are required to notify SCE FCU of any error relating to images transmitted using the Services by no later than sixty days after you receive the monthly periodic statement that includes any transaction you allege are erroneous. You are responsible for any errors that you fail to bring to our attention within such time period.
In Case of Errors - In the event that you believe there has been an error with respect to any original check or image thereof transmitted to SCE FCU for deposit or a breach of this Agreement, you will immediately contact SCE FCU regarding such error or breach as set forth below.
Telephone us at: 800.866.6474 or eMail us at email@example.com
Limitation of Liability - You understand and agree that SCE FCU is not responsible for any indirect, consequential, punitive, or special damages or damages attributable to your breach of the Terms and Conditions within this Agreement.
Fees for Use of the Services - SCE FCUdoes not currently charge a fee for this service. SCE FCU reserves the right to add, increase, alter, or otherwise change the fee and other amounts for the service from time to time and will notify you of any changes. Also, note that separate message and data rates may apply. Contact you wireless carrier for details.
Warranties - YOU UNDERSTAND THAT SCE FCU DOES NOT MAKE ANY WARRANTIES ON EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM, EXPRESSED OR IMPLIED. SCE FCU IS NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY THE INTERNET PROVIDER, ANY RELATED SOFTWARE, OR SCE FCU'S USE OF ANY OF THEM OR ARISING IN ANY WAY FROM THE INSTALLATION, USE, OR MAINTENANCE OF YOUR PERSONAL COMPUTER HARDWARE, SOFTWARE, OR OTHER EQUIPMENT.
Change in Terms – SCE FCU may change the terms and charges for the Services indicated in this Disclosure and Agreement by notifying you of such change in writing. Your use of the Services after receipt of notification of any change by SCE FCU constitutes your acceptance of the change.
Termination of the Services - You may, by written request, terminate the Services provided for in this Disclosure and Agreement. SCE FCU may terminate your use of the Services at any time without notice. In the event of termination of the Services, you will remain liable for all transactions performed on your Account.
Relationship to Other Disclosures - The information in these Disclosures applies only to the Services described herein. Provisions in other disclosure documents, as may be revised from time to time, remain effective for all other aspects of the Account.
Governing Law - You understand and agree that the Terms and Conditions in this Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by and construed in accordance with the internal laws of the State of California, notwithstanding any conflict-of-laws doctrines of such state or other jurisdiction to the contrary. You also agree to submit to the personal jurisdiction of the courts of the State of California.
Waiver - The failure of either party to seek a redress for violation, or to insist upon the strict performance, of any covenant, agreement, provision, or condition hereof shall not constitute the waiver of the terms or of the terms of any other covenant, agreement, provision, or condition, and each party shall have all remedies provided herein with respect to any subsequent act which would have originally constituted the violation hereunder.
Relationship - The Terms and Conditions within this Agreement does not create, and shall not be construed to create, any joint venture or partnership between the parties. No officer, employee, agent, servant, or independent contractor of either party shall at any time be deemed to be an employee, servant, agent, or contractor of the other party for any purpose whatsoever.