Orlando Credit Union Mobile Deposit Terms and Conditions

This Mobile Deposit Terms and Conditions (the “Agreement”) governs your use of the Mobile Deposit service ("Mobile Deposit" or the "Service") that may be provided to you by Orlando Credit Union (the “Credit Union”).  Your use of the Service constitutes your acceptance of the Terms and Conditions Agreement, which is subject to change at any time.  We will notify you of any material change via the Mobile Banking Service by providing access to the revised Agreement. Your continued use of the Service will indicate your consent to be bound by the revised Terms and Conditions. Further, we reserve the right to modify, add or discontinue portions of the Service.

Mobile Deposit is designed to allow you to make deposits to your Share Savings or Share Draft (“Checking”) Accounts from your camera-enabled mobile device capable of capturing check images, check information and electronically delivering the items along with associated deposit information to Orlando Credit Union or the Credit Union's designated processor.

Definitions

Mobile Deposit Service is a service where eligible members can convert an original, physical paper check into an electronic (digital) image via their mobile device and transmit this image for deposit into an eligible Orlando Credit Union account.

Mobile Device refers to an electronic device that meets the minimum hardware and software requirements such as cell phone, tablet, or smartphone that has a camera, sufficient storage, the ability to access the internet and download applications.

“we,” “us,” and “our” is the Credit Union.

“you” and “your” is anyone who is a Member of Orlando Credit Union.

Other Agreements

This Service is provided in addition to other Digital Banking services. All other agreements you have with us, including, without limitation, the Membership and Account Agreement, Online Banking and all other disclosures and agreements remain in full force and effect, are not modified by this Agreement and apply to your use of the Service. You should review your other agreements with us for any other restrictions that might affect your use of the Service. If there is a conflict between any other agreement you have with us and this Agreement, the terms and conditions of this Agreement will govern your use of the Service.

Hardware and Software requirements

You must have a Mobile Device that is acceptable to us and a wireless plan from a compatible mobile wireless provider. The device must be able to capture an image of the front and back of each check to be deposited in accordance with the Procedures; must read and capture the magnetic ink character recognition ("MICR") line on each check; and must read and capture all such other data and information as is required by this Agreement or Federal Reserve regulations for the processing of deposited checks for payment. You must also use the operating system(s) and software that satisfies all technical specifications and other requirements that we and/or our service provider(s) establish and specify. We and/or our service provider(s) may change these specifications and/or requirements from time to time. The Credit Union is not responsible for any third party software you may need to use the Service. You agree that you will perform, or cause to be performed by properly trained personnel, all vendor recommended maintenance, repairs, upgrades and replacements. Unless otherwise provided in this Agreement, you are solely responsible, at your own expense, for purchasing, installing, operating, testing and maintaining all hardware and software necessary for your use of the Service. You must install and test your Mobile Device, your system, and any other required hardware and software before you make your first deposit through the Service. You accept any such software “as is” and subject to the terms and conditions of the software agreement that you enter into directly with the third party software provider at the time of download and installation. We are not responsible for, and you release us from, any and all claims or damages resulting from, or related to, any computer virus or related problems that may be associated with using the Service, e-mail or the Internet. You agree that all images and files transmitted to us through the Service will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.

Enrollment and Eligibility

To use our Mobile Deposit Service, you must:

• Be an Orlando Credit Union Member that adheres to the terms and conditions governing the account relationship between you and the Credit Union.
• Be enrolled in Online & Mobile Banking Services.
• Use a working mobile device with sufficient capacity and capability to take pictures, with access to a supported browser and ability to download and update applications.
• Use the most current Orlando Credit Union Mobile Application.
• Have an open Orlando Credit Union savings and/or checking account.
• Not have your Mobile Deposit Service capability blocked or revoked by the Credit Union.
  .
  Permitted Items
  
  You agree that you will scan and deposit only paper checks or other paper source documents drawn on United States financial institutions payable in United States dollars such as:
• Personal Checks
• Cashier’s or Official Checks
• Certified Checks
• Federal Reserve Bank Checks
• Federal Home Loan Bank Checks
• Insurance Checks
• State or local government Checks
• U.S. Treasury Checks
• Business/Payroll Checks
• Other items as determined by the Credit Union
  
   You agree that you will not attempt to deposit the following items by using the Service:
• Currency;
• Checks or items payable in a foreign currency or drawn off non-U.S. Routing Numbers, drawn or payable through any foreign bank or financial institution located outside of the United States;
• Savings Bonds or nonnegotiable items;
• Previously scanned or converted checks or items (returned image replacement documents);
• Multiple party checks, 3rd party checks, or checks written to the customer/member by the same customer/member;
• Checks with any endorsement on the back other than that specified in this Agreement;
• Checks written to “Cash”
• Checks or items that should be sent for collection;
• Checks or items containing apparent alteration to any of the information 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;
• Checks or items that are not considered a “check” as that term is defined in Federal Reserve Board Regulation CC;
• Checks that are post-dated, stale-dated, or are incomplete;
• Checks payable jointly, unless deposited into an account in the name of all payees;
• Checks or items prohibited by the Credit Union’s current procedures relating to the Service or which are otherwise not acceptable under the terms of your Membership and Account Agreement.
  
  Receipt of Items
  
  We reserve the right to reject any item transmitted through the Service, at our discretion, without liability to you. 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 Orlando Credit Union that we have received the image. Receipt of such confirmation does not mean the transmission was error free or complete.  We further reserve the right to charge back any item to an eligible account you own that we subsequently determine was not an eligible item. 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 item.
  
  Availability of Funds
  
  You agree items deposited/transmitted using the Service are not subject to the funds availability guidelines of Federal Reserve Board Regulation CC. Checks transmitted and received before 3 P.M. EST will be deposited by 5 P.M. EST on the same business day provided your deposit is accepted. Any checks sent after 3 P.M. or on non- business days will be deposited the following business day by 12 P.M. EST following standard procedures. Once your check has been deposited and accepted, our general policy is to delay the availability of funds. Funds deposited using the Service will generally be made available three (3) business days from the day your deposit is received and accepted, nine (9) business days if your account has been open for 30 days a or less. The Credit Union may make such funds available sooner or further delay availability of funds based on such factors as creditworthiness, the length and extent of your relationship with us, transaction amounts and types, experience information, your over draft and/or NSF history and such other factors as the Credit Union, in its sole discretion, deems relevant.
  
  Deposit Limits
  
  The Credit Union reserves the right to establish and assign deposit limits for the Service (including limits on the dollar amount and/or number of checks that you may transmit through the Service each day) and to modify such limits from time to time at the Credit Union’s sole discretion, and you agree to comply with all such limits. Our current daily deposit limit is $2,000 per day with a monthly limit not to exceed $5,000.
  
  Returned Items
  
  If any item is returned to us unpaid for any reason, you authorize us to debit or offset the amount of the item from any of your accounts and assess any applicable fees as disclosed in our Schedule of Fees. Repeated returned deposits may result in the cancellation of your Mobile Deposit Service.
  
  Fees and Charges
  
  Orlando Credit Union offers the benefits and convenience of the Service to you at no charge. The Credit Union reserves the right to charge fees for the Service in the future.  Returned item fees and other fees may be assessed in accordance with the Credit Union’s Schedule of Fees.  Orlando Credit Union is not responsible for any third party costs charged to you such as mobile carrier fees, data fees or other fees charged by third parties.
  
  Endorsements and Procedures
  
  You agree to add the following restrictive endorsement to the back side of each check prior to transmitting the item to us for deposit: ”For Mobile Deposit Only at Orlando Credit Union” followed by the required payee signature(s) and account number. 
  
  If not properly endorsed, the Credit Union has the right to reject your deposit. 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. Endorsements must be made on the back of the share draft or check within 1½ inches from the top edge (with the left edge of the check facing up). Although we may accept endorsements outside this space, any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. For a check payable to you and any joint owner(s) of your account, the check must be endorsed by all such payees and you may only use Mobile Deposit to deposit such check into an account jointly owned by all such payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and any non-joint owner, you may not deposit the check into your account using the Service. And, you agree never to represent the item. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to Orlando Credit Union as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for Orlando Credit Union’s audit purposes.
  
  Check Requirements (including image quality)
  
  The image of an item transmitted to the Credit Union using the Service must be legible and contain images of the front and back of the check. The image quality of the items must comply with the requirements established from time to time by the American National Standards Institute ("ANSI"), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. These requirements include, but are not limited to, ensuring the following information can clearly be read and understood by sight review of the check image: the amount of the check (both written and numeric); the payee; the signature of the drawer (maker); the date; the check number; the information identifying the drawer and the paying financial institution that is preprinted on the check including the MICR line; and all other information placed on the check prior to the time of 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).
  
  Storage, Security and Destruction/Disposal of Checks
  
  After you receive confirmation that we have received an image, you must securely store the original check for thirty (30) calendar days from the date of transmission to us and make the original check accessible to us at our request. Upon our request from time to time, you will deliver to us within two (2) business days, at your expense, the requested original check. If not provided in a timely manner, such amount will be reversed from your account. Promptly after the 30 day retention period expires, you must destroy the original check by first marking it "VOID" and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of the original check, the image will be the sole evidence of the original check. You agree that you will never re-present the original check. You understand that you are responsible if anyone is asked to make a payment based on an original check that has already been paid.
  
  Presenting Checks More than Once
  
  Once you have used the Service to deposit a check, you agree not to present, or allow anyone else to present, the original check or a substitute check of that original check again for deposit through the Service or by any other means. If you or anyone else present a check or substitute check for deposit more than once, in violation of this Agreement, you agree to indemnify, defend and hold the Credit Union harmless from and against all liability and damages that may result from any claims, suits or demands from third parties with respect to such check or substitute check. You agree that we may debit from your account the aggregate amount of any checks that are deposited more than once. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any other of your account(s) with Orlando Credit Union in our sole discretion.
  
  Your Authentication Method
  
  You agree that we are entitled to act upon instructions we receive with respect to the Service under your User ID, password, test key or other code or authentication method that we require (these components are referred to herein collectively as your “Authentication Method”). You are liable for all transactions made or authorized with the use of your Authentication Method. We have no responsibility for establishing the identity of any person who uses your Authentication Method. You agree that if you give any component of your Authentication Method to anyone or fail to safeguard its secrecy, you will be in violation of your obligations under your Account Agreement and this Agreement. You agree to take appropriate steps to ensure that all components of your Authentication Method are protected and kept confidential. You agree to indemnify and release us from any and all liability, and agree not to make any claim or bring any action against us, relating to our honoring or allowing any actions or transactions that are conducted under your Authentication Method or acting upon instructions, messages or authorizations provided to us using your Authentication Method. By accessing the Service with your Authentication Method, you authorize us to complete the requested transaction(s) through the Service. Any requests or instructions we receive from you through the Service using your Authentication Method shall be considered “in writing” under all applicable law and shall have the same force and legal effect as a writing signed by you. This includes, but is not limited to, inquiries, deposit transactions, checks deposited, check images, changes to accounts or services or any other communication you provide us through the Service using your Authentication Method.
  
  Rejection of Deposits
  
  After we receive check images and all other required deposit information from you through the Service, we shall provisionally credit your designated account for the total amount of such checks. The provisional credit is subject to final payment of the checks and is also subject to your Membership and Account Agreement. You agree that all deposits received by us are subject to verification and final inspection and may be rejected by us at our sole discretion, and you shall be liable to the Credit Union for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against Orlando Credit Union relating to such deposits. Orlando Credit Union is not liable for any service or late charges that may be imposed against you due to the Credit Union’s rejection of any check that you transmit for deposit through the Service. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your account due to a check being returned. You acknowledge and agree that, while we normally provide notice of rejected deposits, we may reject any check transmitted through the Service at our sole discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection. If we reject a check for remote deposit, you must physically deposit the original check in order to receive deposit credit.
  
  Unpaid Checks
  
  Should you fail to produce the original check, you authorize us to deduct that amount from your account. You are solely responsible for verifying that checks you deposit by using the Service have been received and accepted for deposit by the Credit Union. The Credit Union will provide you with notice of any deposits that it is unable to process because checks were returned unpaid by the payor financial institution. You agree to accept such notices at your e-mail address on file with us, but we may choose any reasonable method for providing such notices to you. In the event the Credit Union credits your account for a check that is subsequently dishonored and returned, you authorize the Credit Union to debit the amount of such check plus any associated fees from the account. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any of your other account(s) with the Credit Union at our sole discretion. Our right to charge your account(s) will apply without regard to whether the check was timely returned or whether there is any other claim or defense that the check was improperly returned. You understand and agree, that since the original check is your property, it will not be returned and the Credit Union may reverse a deposit based on the check image or “substitute check” (rather than the original paper check). You further agree that any image that we charge back may be in the form of an electronic or paper reproduction of the original check or a substitute check. You may not use the Service to deposit a substitute check and you may not deposit the original check through the Service or in any other manner if you receive a dishonored check. You agree to comply with any additional instructions we may provide to you in connection with returned checks.
  
  Duty to Report Errors
  
  The Credit Union will provide you with periodic statements that will identify the deposits you make through the Service. In addition, you may access the Credit Union’s Online Banking service for information about your deposits, return items, deposit adjustments, checks and other transactions on your accounts. You agree that it is your responsibility to review all such information the Credit Union makes available to you in a timely manner to verify that deposits made through the Service have been received and accepted by the Credit Union and are accurate. Receipt of a check by Orlando Credit Union through the Service does not constitute an acknowledgement by the Credit Union that the check is error-free or that we will be liable for the check. You agree to notify us promptly of any errors, omissions, or discrepancies in a deposit within the time periods established in your Membership and Account Agreement. You may notify us by e-mailing us at support@orlandocreditunion.org, or writing to Orlando Credit Union, Attention: Member Services, 945 South Orange Avenue, Orlando, FL 32806 or telephoning us at (407) 835-3500, opt. 0. You agree to cooperate in any investigation by Orlando Credit Union of any unsuccessful or lost transmission. Subject to applicable law, any failure by you to notify the Credit Union of any error, omission or other discrepancy in accordance with this Agreement and your Membership and Account Agreement shall relieve Orlando Credit Union of any liability for such error, omission or discrepancy.
  
  Availability of Service/Contingency
  
  In the event you are unable to capture, balance, process, produce or transmit a file to the Credit Union, or otherwise comply with the terms or the Procedures for any reason, including but not limited to, communications, equipment or software outages, interruptions or failures, you will transport or mail the originals of all checks to a Credit Union location. The deposit of original checks at an office of Orlando Credit Union shall be governed by the terms and conditions of the Membership and Account Agreement and not by the terms of this Agreement.
  
  Data security
  
  You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed.  It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately by telephone at (407) 835-3500, opt. 0 and with written notice at Orlando Credit Union, Attention: Member Services, 945 South Orange Avenue, Orlando, FL 32806 if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, we may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.
  
  Cooperation with Investigations
  
  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 the Service in your possession and your records relating to such items and transmissions.
  
  Service Termination or Suspension
  
  You agree to follow all procedures and instructions for using the Service that the Credit Union may establish from time to time.  We reserve the right to suspend or terminate your use of the Service in the event of abuse, fraud, negligence, inactivity or other activity that we deem unlawful or harmful.
  
  Warranties
  
  You represent and warrant to the Credit Union that:
• You will use the service to only deposit/transmit eligible items
• Any image we receive accurately and legibly represents all information on the front and back of the original Item as originally drawn.
• The information you transmit to us corresponding to an item contains a record of all applicable MICR-line information required for a substitute check (as defined in the Check Clearing for the 21st Century Act (“Check 21 Act”) and the accurate amount of the item;
• The item conforms to the technical standards for an Electronic Item set forth in Federal Reserve Board Regulation J, or Federal Reserve Bank operating circulars and for a substitute check set forth in Federal Reserve Board Regulation CC;
• You will not transmit or redeposit through this Service any item previously deposited and returned to you unless the Credit Union advises you otherwise;
• You will employ reasonable security measures and firewalls sufficient to protect transmissions and storage to ensure no unauthorized access or duplicate presentment;
• You will only transmit Items that originated as paper Items;
• You will not deposit a paper item that has been previously transmitted/deposited through the service;
• You will comply with all laws and regulations applicable to you in your use of the Service and not use the Service for any purpose prohibited by foreign exchange regulations, postal regulations or any other treaty, statute, regulation or authority;
• You are not depositing Items on behalf of third parties; and
• If you are depositing Items via the Service from a location outside the U.S., such authorization covers the cross-border transmittal of the Item.