Remote Deposit Capture Terms and Conditions

Remote Deposit Capture Terms and Conditions

Remote deposit capture provides you with the ability to photograph and upload check images using the mobile banking software application for deposit in your SAFE Federal Credit union account(s). The acceptance of this Remote Deposit Capture Terms and Conditions (“Remote Deposit Capture Terms and Conditions”) and use of the remote deposit capture service (“Service”) means you agree to all terms and conditions stated herein. Please read this Remote Deposit Capture Terms and Conditions carefully and keep a copy for your records.

USE OF SERVICE
The Service (also known as “mobile deposit”) allows you to deposit checks into eligible SAFE Federal Credit Union (“Credit Union”) (also referred herein as “we,” “us” or “our”) accounts from a remote location with a compatible mobile device, which then delivers the images and associated deposit information to the Credit Union electronically. You may use the Service only for consumer use (non-business) in accordance with this Remote Deposit Capture Terms and Conditions. The Service is not certified to operate for members trying to access it while outside the United States.

SOFTWARE AND EQUIPMENT
In order to use the Service, you will need to download and install the latest version of the Credit Union’s mobile banking application (“Software”) on your iOS or Android mobile device. You must use a supported portable connected device, such as an iPhone, iPod Touch or iPad or a supported Android device. All devices require camera functionality. To access the Service, your wireless device must be enabled for you to receive and transmit data through a mobile carrier service data plan, wireless internet connection or the like. In order to function properly, the camera on your device used by you for the Service should meet the following specifications:

• 2 megapixel camera w/ 512 MB of RAM
• Android 4.3 operating system and greater
• iOS 8 and greater

The Credit Union is not responsible for the functionality or maintenance of any third-party hardware or software you may need to use the Service.

You represent and warrant that you will not do any of the following: (i) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the Software or any other technology or materials related to the Service; (ii) copy or reproduce all or any part of the Service, the Software or any other technology or materials supplied by the Credit Union or its service providers; or (iii) interfere, or attempt to interfere, with the Service, Software or any other technology or materials supplied by the Credit Union or its service providers. The term “service provider(s)” includes, but is not limited to NCR Corporation (“NCR”) and its technology partners.

BUSINESS DAY DEFINITION
“Business Day” is every Monday through Friday, excluding Federal Reserve holidays.

ACCOUNT ELIGIBILITY
Subject to the Limitations of the Service section below, all consumer checking accounts and savings accounts at the Credit Union are eligible for remote deposit capture services, provided the account has been opened for at least forty-five (45) days.

LIMITATIONS OF THE SERVICE
When using the Service, you may experience technical or other difficulties. We do not assume liability for any technical or other difficulties that you may incur. We reserve the right to change, suspend or revoke the Service immediately and at any time without prior notice to you. Examples of reasons why we may restrict your access to the Services include, but are not limited to, two (2) or more checks are returned for any reason, you have presented checks twice or there may be fraudulent activity on your account. In the event the Service is not available to you, you can deposit your check at any of our branch locations, through a participating automated teller machine (“ATM”) or by mail.

You represent and warrant that: (i) you will only use the Service, the Software and any other products, technology or materials supplied by the Credit Union, NCR and its technology partners for lawful purposes and in compliance with all applicable laws, rules and regulations; (ii) you will only transmit acceptable checks for deposit and will handle the original checks in accordance with applicable laws, rules and regulations; (iii) that you are a person authorized to collect each check transmitted or is authorized to obtain payment of each check transmitted on behalf of a person entitled to collect such transmitted check; (iv) any check transmitted has not been altered; and (v) you will not deposit or otherwise endorse to a third party the original check (the original check) and no person will receive a transfer, presentment or return of, or otherwise be charged for, the check (either the original check, or a paper or electronic reproduction of the original check) such that the person will be asked to make payment based on an check it has already paid. You further agree not to use the Service for any activity that is illegal or fraudulent or violates the terms of this Remote Deposit Capture Terms and Conditions or the Online and Mobile Banking Agreement.

CHARGES OR FEES
The Credit Union does not charge a usage fee for this Service. We reserve the right to start charging for this Service at any time, subject to providing notice to you if required by applicable law or regulation. If a check 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 deposited to and you will be assessed a fee in the amount shown on the Credit Union’s current 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 agree that the Credit Union may debit any account maintained by you in order to obtain payment of your obligations under this Remote Deposit Capture Terms and Conditions. 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. Your further agree that we can contact you by telephone, including your wireless telephone number, regarding the Services.

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

INELIGIBLE CHECKS
You agree that you will not use this Service to deposit any ineligible checks, including but not limited to the following:

1. Checks or items payable to any person or entity other than you;
2. Post-dated checks;
3. 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;
4. Checks or items drawn or otherwise issued by you or any other party on any of your Credit Union accounts;
5. Checks or items not payable in United States currency;
6. Items drawn on financial institutions located outside the United States;
7. Items previously converted to a substitute check;
8. Consumer loans, credit card and mortgage payments;
9. Individual retirement account (“IRA”) and share certificate deposits;
10. Money orders and traveler’s checks;
11. Cashier checks;
12. Starter or counter checks;
13. American Express Gift Cheques;
14. Savings bonds;
15. Checks that require authorization;
16. Third-party checks; or
17. State-issued registered warrants.

IMAGE QUALITY
The image of the check transmitted to us must be clearly legible. The image being transmitted must comply with all standards for image quality established by the American National Standards Institute (“ANSI”), the Credit Union, a clearing house association or any other regulatory agency.

When taking a photograph of the check you intend to deposit using the Service, the following tips may help you achieve the required image quality:

• Hold the camera parallel to the check and match the check inside the guidelines on the phone or tablet.
• It is recommended that a flash is not used.
• Take the photograph in a well-lit environment against a dark background.
• Lay the check on a flat surface.
• Flatten folded or crumpled checks before capturing the image.
• Keep your device flat and steady when capturing the image.
• There should be no shadows across the image.
• The MICR line (numbers on the bottom of the check) must be readable.

ENDORSEMENTS AND PROCEDURES
You agree to restrictively endorse any check transmitted through the Service as "FOR MOBILE DEPOSIT ONLY AT SAFE FCU” or as otherwise instructed by the Credit Union. You agree to follow any and all other procedures and instructions for use of the Service as the Credit Union may establish from time to time. We reserve the right to reject all check that are not endorsed as specified.

DEPOSIT LIMITS
Deposit limits through the Service are in accordance with the following Remote Deposit Capture Deposit Limits Schedule.

You must receive a Deposit Approval Notification by 3:00pm Eastern Standard Time (“EST”) for a deposit to be considered that business day.

RECEIPT OF CHECKS
After you have uploaded and authorized a check image for processing, it will be reviewed by the Credit Union before being processed or it may be subject to automated review criteria. We reserve the right to reject any check transmitted through the Service, at our discretion, without liability to you. We are not responsible for checks we do not receive or for images that are dropped during transmission. An image of a check shall be deemed received when you receive a confirmation from the 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 back to your account at any time, any check that we subsequently determine was not an eligible check. You agree that the Credit Union is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible check.

You may view up to 180 days of previously deposited checks using the Service by clicking on the History tab. In this location, you will have the ability to check the status of submitted checks, find deposit information and view the front and back of check images. If a check is rejected, and a reason is provided by the check reviewer, the rejection reason will be included in the Notes area at the bottom of the History screen.

PROVISIONAL CREDIT AND AVAILABILITY OF FUNDS
Below is our general Funds Availability Policy for this Service:

• If you receive a Deposit Approval Notification on Monday through Friday between 9:00 a.m. and 3:00 p.m., up to $225 of the check will be available that day and the remaining funds will be available one (1) business day from day of approval.
• If you deposit a check on a Federal Reserve holiday, a Saturday or a Sunday, up to $200 of the check will be available the next business day and the remaining funds will be available two (2) business days from day of approval.

Credit given for the check is provisional and subject to final approval of the check. Funds you deposit may be delayed for a longer period of time when we have reasonable cause to believe the check is uncollectable. We will notify you if we delay your ability to withdraw funds because we believe the check is uncollectable and we will tell you when funds will be available.

The terms set forth in the eSign Consent apply to the Service. You agree to receive all notifications regarding your use of the service, including but not limited to notices required by Regulation CC via electronic message. With respect to each check you send to the Credit Union for deposit, you agree to indemnify and reimburse the Credit Union for and hold us harmless from and against any and all losses, costs and expenses.

METHOD OF PRESENTMENT
The manner in which checks are cleared, presented for payment, and collected shall be in the Credit Union’s sole discretion.

RETENTION AND DISPOSAL OF CHECKS
You agree to retain each check no fewer than fourteen (14) business days after your funds have been posted to your account. Upon receipt of these funds, you agree to mark the checks prominently as “VOID” and to dispose of the check(s) in a way that prevents representing for payment. You agree to store each retained check in a secured locked container until such proper disposal is performed. You will promptly provide any retained checks to the Credit Union as requested to aid in the clearing and collection process or to resolve claims by third parties with respect to any check.

ERROR DISCREPANCIES
Notify us at 803.469.8600 or 1.800.763.8600 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 sixty (60) days after we sent the FIRST statement on which the problem appeared. If you do not notify us within sixty (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 these devices, we specifically mean installing operating system patches as well as securing the physical device from theft or unauthorized use. Additionally, the Credit Union may also request more information from you.

AUTHORIZED USERS
If you have designated an authorized user(s) or joint owner(s) on your account, your authorized user(s) or joint owner(s) will not have online access to the Service. You and your authorized user(s) or joints are equally responsible for adhering to all checks disclosed in this Remote Deposit Capture Terms and Conditions.

DISCLAIMER OF WARRANTIES
The Credit Union’s representation, warranties, obligation and liabilities and your rights and remedies, set forth in this Remote Deposit Capture Terms and Conditions, are exclusive. We disclaim all warranties of any kind as to the use of the Service, 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 Service will: (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 Service or technology will be corrected.

LIMITATION OF LIABILITY
The Credit Union’s liability for errors or omissions with respect to the data transmitted or printed by the Credit Union will be limited to correcting the errors or omissions.

ADDITIONAL USER WARRANTIES AND INDEMNIFICATION
You warrant to the Credit Union that:

1. You will only transmit eligible checks that are properly endorsed;
2. Images will meet the image quality standards;
3. You will not transmit duplicate checks;
4. You will not deposit or re-present the original check once it has been sent through this service, unless specifically requested to do so by the Credit Union;
5. All information you provide to the Credit Union is accurate and true;
6. The Credit Union will not sustain a loss because you have deposited an image;
7. You will comply with this Remote Deposit Capture Terms and Conditions and all applicable rules, laws and regulations; and
8. Items you transmit do not contain viruses.
You agree to indemnify and hold harmless the Credit Union from any loss for breach of the warranty provision.
You agree that you will indemnify, defend and hold harmless the Credit Union, NCR, its technology partners used to provide the Service, and any of their affiliates, officers, employees, Supervisory Committee members, directors and agents from and against 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, cost and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to the Credit Union or your use of the Service, Software or NCR applications, unless such claim directly results from an action of omission made by NCR or NCR’s technology partner in bad faith.

TERMINATION OF THE SERVICE
To cancel the Service, you will need to delete the mobile banking application form your wireless device. We may terminate this Remote Deposit Capture Terms and Conditions at any time and for any reason. This Remote Deposit Capture Terms and Conditions shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Remote Deposit Capture Terms and Conditions may be terminated if you breach any term of this Remote Deposit Capture Terms and Conditions, if you use the Services for any unauthorized or illegal purposes or you use the Services in a manner inconsistent with the terms of your Membership, Account and Account Services Agreement or any other agreement with us.

CHANGE IN TERMS
The Credit Union reserves the right to change the terms and conditions of this Service or terminate this Remote Deposit Capture Terms and Conditions without notice at any time.

PRIVACY
Any personal information you share through the use of the Service is governed by Credit Union’s Privacy Notice. To obtain a copy of the current Privacy Notice, contact us at 1.800.763.8600 or 803.469.8600, visit one of our branch locations or view it on our website at www.SAFEfed.org.

COOPERATION WITH INVESTIGATIONS
You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions and resolution of claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.

GOVERNING LAW AND MISCELLANEOUS PROVISIONS
This Remote Deposit Capture Terms and Conditions supplements the terms of your eSign Consent, Membership, Account and Account Services Agreement and the Online and Mobile Banking Agreement. Together they constitute the entire agreement between you and the Credit Union with respect to the Service. You may not assign this Remote Deposit Capture Terms and Conditions. This Remote Deposit Capture Terms and Conditions is governed by the laws of the State of South Carolina and of the United States. A determination that any provision of this Remote Deposit Capture Terms and Conditions is unenforceable or invalid shall not render any other provision of this Remote Deposit Capture Terms and Conditions unenforceable or invalid. Unauthorized use of this Service is strictly prohibited.

QUESTIONS
If you have questions about the Service, you can contact the Credit Union at 1.800.763.8600 or 803.469.8600 or use the Contact Us feature in the mobile banking application.