Snap Deposit User Agreement

Size: px

Start display at page:

Download "Snap Deposit User Agreement"

Rosamund Wells
6 years ago
Views:

Snap Depsit User Agreement This Agreement cntains the terms and cnditins fr the use f LGE Snap Depsit, the mbile depsit capture service ( Snap Depsit r Services ) and/r ther remte services that LGE

1 Snap Depsit User Agreement This Agreement cntains the terms and cnditins fr the use f LGE Snap Depsit, the mbile depsit capture service ( Snap Depsit r Services ) and/r ther remte services that LGE Cmmunity Credit Unin ( LGE, "Credit Unin", "us," r "we") may prvide t yu ("yu," r "User"). Other agreements yu have entered int with the Credit Unin, including yur Membership Accunt and Agreement ( Accunt Agreement ) r Business Accunt and Agreement ( Accunt Agreement ), and Online Banking Agreement & Electrnic Cnsent, as amended frm time t time, are incrprated by reference and made a part f this Agreement. Services. Snap Depsit allws yu t make depsits t yur credit unin depsit accunts remtely by capturing an image f checks and transmitting images f such checks t us in cmpliance with ur requirements. If we accept the image fr cllectin, we will then attempt t cllect the item by presenting the image r cnverting the image t a substitute check. Unlike traditinal check depsits, yu retain the riginal paper check when yu use this Service. We will determine the manner in which these substitute checks r images are cleared, presented fr payment, and cllected in ur sle discretin. Yu may nt use these Services t make cntributins t any Individual Retirement Accunt. We will determine whether yu are eligible fr Snap Depsit in ur sle discretin. Acceptance f these Terms. Yur use f Snap Depsit cnstitutes yur acceptance f this Agreement. This Agreement is subject t change frm time t time. We will ntify yu f any material change via , r n ur website(s) by prviding a link t the revised Agreement r by an nline secure message. Yu will be prmpted t accept r reject any material change t this Agreement the next time yu use Snap Depsit after the Credit Unin has made the change. Yur acceptance f the revised terms and cnditins alng with the cntinued use f the Services will indicate yur cnsent t be bund by the revised Agreement. Further, the Credit Unin reserves the right, in its sle discretin, t change, mdify, add, r remve prtins frm Snap Depsit. Yur cntinued use f the Services will indicate yur acceptance f any such changes t the Services. If yu vilate these terms, then we als may use such actins as a basis t terminate yur accunt relatinship with us. Limitatins f Service. When using the Services, yu may experience technical r ther difficulties. Sme f the Services have qualificatin requirements, and we reserve the right t change the qualificatins at any time withut prir ntice. We reserve the right t change, suspend r discntinue the Services, in whle r in part, immediately and at any time withut prir ntice t yu. Hardware and Sftware Requirements. In rder t use the Services, yu must btain and maintain, at yur expense, cmpatible hardware and sftware as specified by LGE Cmmunity Credit Unin frm time t time. Visit fr current hardware and sftware specificatins. The Credit Unin is nt respnsible fr any third party sftware yu may need t use the Services. Any such sftware is accepted by yu as is and is subject t the terms and cnditins f the sftware agreement yu enter int directly with the third party sftware prvider at time f dwnlad and installatin. When using Snap Depsit yu may experience technical r ther difficulties, including, withut limitatin, prblems with yur image depsit, r transmissin prblems. We are nt respnsible fr such technical r ther difficulties r any resulting damages that yu may incur. In particular, each image f a check yu attempt t depsit must be legible, as determined by us. If we determine yur images are nt f acceptable quality, we may reject yur depsit. We are nt respnsible fr prblems arising ut f yur equipment r internet cnnectins even if yu are using a device that meets ur technical requirements. Fees. A fee may be charged fr this Service in additin t ther applicable fees, such as fr returned items and verdrafts, as set frth in the Schedule f Fees, which may be amended frm time t time, a cpy f which yu agree t having reviewed with r prir t entering int this Agreement. Yu are respnsible fr paying the fees fr the use f the Service. The Credit Unin may change the fees fr use f the Service at any time pursuant t the sectin titled "Acceptance f these Terms" abve. Yu authrize us t deduct any such fees frm any Credit Unin accunt in yur name. Rv Page 1

2 Prhibited and Eligible Checks. We may decline t accept any image f a check yu submit thrugh the Service in ur sle discretin. Withut limiting that discretin, yu agree that yu will nly seek t depsit checks, as that term is defined in the 12 C.F.R. Sectin 229 et al, ( Reg CC r any rules issued t replace this law), that are cllectible (i.e., prperly payable) thrugh Snap Depsit. When the image f the check transmitted t us is cnverted t a substitute check fr subsequent presentment and cllectin, it shall thereafter be deemed an "item" within the meaning f Articles 3 and 4 f the Unifrm Cmmercial Cde. Yu agree that yu will nt scan and depsit any f the fllwing types f checks r ther items which shall be cnsidered ineligible items: Checks payable t any persn r entity ther than the accunt hlder(s) Checks cntaining an alteratin n the frnt f the check Checks yu knw r suspect, r shuld knw r suspect, are fraudulent r therwise nt authrized by the wner f the accunt n which the check is drawn Checks payable jintly, unless depsited int an accunt in the name f all payees. Checks previusly cnverted t a substitute check, as defined in Reg. CC. Checks drawn n a financial institutin lcated utside the United States. Checks that are remtely created checks, as defined in Reg. CC (checks that, amng ther things, d nt bear the signature f the persn n whse accunt the check is drawn). Checks nt payable in United States currency. Checks dated mre than 6 mnths prir t the date f depsit. Checks r items prhibited by ur current prcedures relating t the Services r which are therwise nt acceptable under the terms f yur Credit Unin accunt. Checks payable n sight r payable thrugh Drafts, as defined in Reg. CC. Checks with any endrsement n the back ther than that specified in this agreement. Checks that have previusly been submitted at anther institutin via physical item, image, r thrugh the Service r thrugh a remte depsit service ffered at any ther financial institutin. Checks r items that are drawn r therwise issued by the U.S. Treasury Department Nn-Negtiable instruments, such as prmissry ntes r Checks drawn n any f yur LGE accunt(s) Checks that are in vilatin f any federal r state law, rule, r regulatin. Endrsements, Requirements and Prcedures. Yu will restrictively endrse any item transmitted thrugh the Services as: [PERSONAL SIGNATURE] FOR MOBILE DEPOSIT ONLY LGECCU ACCOUNT # [BUSINESS NAME] FOR MOBILE DEPOSIT ONLY LGECCU ACCOUNT# r as therwise instructed by the Credit Unin befre yu submit the check image. Each image must prvide all infrmatin n the frnt and back f the riginal check at the time presented t yu by the drawer, including, but nt limited t, infrmatin abut the drawer and the paying bank that is preprinted n the riginal check, MICR infrmatin, signature(s), any required identificatin written n the frnt f the riginal check and any restrictive endrsements applied t the back f the riginal check. Yu agree t fllw any and all ther prcedures and instructins fr use f the Services as we may establish frm time t time. Checks received that are nt endrsed in accrdance with this prvisin may be rejected. Receipt f Items. We reserve the right t reject any item transmitted thrugh Snap Depsit, at ur discretin, withut liability t yu. We are nt respnsible fr items we d nt receive r fr images that are drpped during transmissin. An image f an item shall be deemed received when yu receive nline cnfirmatin frm us that we have received the image. When we cnfirm receipt f yur check image, the image will still be subject t review befre we submit it fr cllectin and may still be rejected fr any reasn in ur sle discretin. Receipt f such cnfirmatin des nt mean that the transmissin was errr free, cmplete r will be cnsidered a depsit and credited t yur accunt. We further reserve the right t charge back t yur accunt at anytime, any item that we subsequently determine was nt an eligible item in ur sle discretin. A cnfirmatin is nt a representatin, warranty r ther indicatin that the check image will be presented fr cllectin r will be hnred by any cllecting r paying bank. If we reject a check image received thrugh the Services, then yu may submit the riginal check by mail t us fr prcessing Rv Page 2

3 unless we instruct yu therwise, r yu may want t cntact the drawer and have them reissue the check. If yu d submit the riginal check fr prcessing, we reserve the right t refuse t prcess it and may instead require yu t have the check reissued. Yu agree that LGE Cmmunity Credit Unin is nt liable fr any lss, csts, r fees yu may incur as a result f ur chargeback f an ineligible item. Availability f Funds. We generally apply the Funds Availability Disclsure as set frth in yur applicable Accunt Agreement fr check images received thrugh the Service as if we had received the riginal paper check. We may delay availability f funds frm any depsit yu make thrugh the Service at any time in ur sle discretin, including due t any cncern we may have regarding ur ability t cllect based upn any check image that yu present electrnically. Return Items. Yu understand that we may cnvert items yu depsit thrugh Snap Depsit int substitute checks, images, r ACH entries electrnically. As a result, in the event that yur item is returned unpaid, yu will nly receive a cpy f the substitute check r image, r in the case f ACH entries, the Autmated Clearinghuse infrmatin. Retentin and Dispsal f Original Check. Once yur check image has been credited t yur accunt, yu must mark the riginal check as VOID and retain the check fr sixty (60) days. Yu may nt present the riginal check r any image r substitute check created frm the riginal check fr payment at any ther financial institutin. During this 60-day perid, yu must stre the riginal paper check securely using precautins at least as secure as thse yu wuld use t prtect a blank check and yu must make the riginal paper check available t us fr review at any time and as necessary fr us t facilitate the clearing and cllectin prcess, t address third party claims, r fr ur wn audit purpses. Shuld yu fail t prduce the riginal paper check, yu authrize us t deduct the amunt f the check in questin frm yur accunt, regardless f whether such actin may cause yur accunt t nt have sufficient funds, and t pay any assciated fees. Immediately after this 60-day perid, yu must destry the riginal paper check. Depsit Limits. We may establish limits n the dllar amunt and/r number f items r depsits frm time t time thrugh Snap Depsit. Limits may be changed at any time at ur discretin. If yu attempt t initiate a depsit in excess f these limits, we may reject yur depsit. If we permit yu t make a depsit in excess f these limits, such depsit will still be subject t the terms f this Agreement, and we will nt be bligated t allw such a depsit at ther times. There is n daily r mnthly statement cycle limit n the number f items, as lng as the respective dllar limits are nt exceeded. Daily and mnthly depsit limits may vary fr use f ther Credit Unin services. Presentment. The manner in which the items are cleared, presented fr payment, and cllected shall be in LGE s sle discretin subject t the yur applicable Accunt Agreement gverning yur accunt. Errrs. Yu agree t ntify the Credit Unin f any suspected errrs regarding items depsited thrugh the Services right away, and in n event later than 30 days after the applicable LGE accunt statement is sent. Unless yu ntify us within 30 days, such statement regarding all depsits made thrugh the Services shall be deemed crrect, and yu are prhibited frm bringing a claim against LGE Cmmunity Credit Unin fr such alleged errr. Errrs in Transmissin. By using the Services yu accept the risk that an item may be intercepted r misdirected during transmissin. LGE Cmmunity Credit Unin bears n liability t yu r thers fr any such intercepted r misdirected items r infrmatin disclsed thrugh such errrs. Image Quality. The image f an item transmitted t LGE using the Services must be legible, as determined in the sle discretin f LGE. Withut limiting the freging, the image quality f the items must cmply with the requirements established frm time t time by LGE, American Natinal Standards Institute (ANSI), the Bard f Gvernrs f the Federal Reserve Bard, r any ther regulatry agency, clearinghuse r assciatin. User Warranties and Indemnificatin. Each time yu submit check images f the frnt and back f the riginal check fr depsit thrugh Snap Depsit, yu represent and warrant that: Each check image is a cmplete and accurate representatin f the frnt f a negtiable check; Rv Page 3

4 Each check image is a cmplete and accurate representatin f the back f a negtiable check; The image is NOT f any f the prhibited items listed in Prhibited Check sectin; Each check image satisfies ur image quality standards, as specified by us frm time t time; The riginal check used t create the image has nt been previusly depsited, duplicated r used t create anther image r electrnic fund transfer; and N subsequent transferees f yur check image, r any substitute check created frm yur check image, including but nt limited t Credit Unin, a cllecting r returning bank, drawer, drawee, payee r endrser, shall sustain a lss as the result f the fact that the check image r substitute check was presented fr payment r returned instead f the riginal paper check. All infrmatin yu have prvided t us is cmplete, accurate, and true. Each time yu scan and submit check images fr depsit thrugh Snap Depsit, yu als make all the warranties specifically set frth in and subject t the terms f the laws f the gverning State s Revised Cde Unifrm Cmmercial Cde (UCC) fr the image as if it were an item subject t the terms f the UCC, including: yu are entitled t enfrce the image; all signatures n the image are authentic and authrized; the image has nt been altered; the image is nt subject t a defense r claim in recupment f any party which can be asserted against yu; yu have n knwledge f any inslvency prceeding cmmenced with respect t the maker r acceptr r, in the case f an unaccepted image, the drawer; and if the image is a demand draft, creatin f the image accrding t the terms n its face was authrized by the persn identified as drawer. In additin t these warranties, yu cvenant that yu will cmply with this Agreement and applicable law. Cperatin with Investigatins. Yu agree t cperate with us in the investigatin f unusual transactins, pr quality transmissins, and reslutin f claims, including by prviding, upn request and withut further cst, any riginals r cpies f items depsited thrugh the Service in yur pssessin and yur recrds relating t such items and transmissins. Terminatin. We may terminate this Agreement at any time and fr any reasn. This Agreement shall remain in full frce and effect unless and until it is terminated by us. Withut limiting the freging, this Agreement may be terminated if yu breach any term f this Agreement, if yu use the Services fr any unauthrized r illegal purpses r yu use the Services in a manner incnsistent with the terms f yur applicable Accunt Agreement r any ther agreement with us. Yu may use Snap Depsit nly fr persnal, family, and husehld services and legitimate business purpses. Enfrceability. We may waive enfrcement f any prvisin f this Agreement. N waiver f a breach f this Agreement shall cnstitute a waiver f any prir r subsequent breach f the Agreement. Any such waiver shall nt affect ur rights with respect t any ther transactin r t mdify the terms f this Agreement. In the event that any prvisin f this Agreement shall be deemed t be invalid, illegal, r unenfrceable t any extent, the remainder f the Agreement shall nt be impaired r therwise affected and shall cntinue t be valid and enfrceable t the fullest extent permitted by law. Ownership & License. Yu agree that the Credit Unin retains all wnership and prprietary rights in the Services, assciated cntent, technlgy, and website(s). Yur use f the Services is subject t and cnditined upn yur cmplete cmpliance with this Agreement. Withut limiting the effect f the freging, any breach f this Agreement immediately terminates yur right t use the Services. Withut limiting the restrictin f the freging, yu may nt use the Services (i) in any anti-cmpetitive manner, (ii) fr any purpse which wuld be cntrary t ur business interest, r (iii) t ur actual r ptential ecnmic disadvantage in any aspect. Yu may use the Services nly fr legitimate business, and persnal use in accrdance with this Agreement. Yu may nt cpy, reprduce, distribute r create derivative wrks frm the cntent and agree nt t reverse engineer r reverse cmpile any f the technlgy used t prvide the Services. Rv Page 4

5 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. LIMITATION OF LIABILITY. YOU AGREE THAT WE 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 SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF THE CREDIT UNION HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. Indemnificatin. In additin t the ther indemnificatin prvisins set frth in this Agreement, yu agree t indemnify, defend and hld us harmless frm and against any and all claims, demands, damages, liabilities, expenses (including reasnable attrneys fees) r ther lss that arises frm r relates t yur use f Snap Depsit r yur breach f the representatins, warranties r cvenants set frth in these Service Terms, including withut limitatin yur attempt t duplicate the presentatin f a check image via presentatin f the riginal check r an image r substitute check derived frm the riginal check and any liability that we may incur fr prcessing an image r substitute check rather than the riginal paper check. N Waiver. N waiver f any f the freging terms and cnditins shall be effective unless it is in writing and signed by an authrized fficer f LGE Cmmunity Credit Unin, and n waiver shall be deemed t imply r cnstitute a cntinuing waiver r a waiver f any ther term r cnditin. Jurisdictin and Gverning Law. Yu will be deemed t have agreed t the exclusive jurisdictin f the State and Federal curts f the State f Gergia, fr reslutin f any dispute yu have relating t the gds r services ffered r prmted herein, r t this agreement. The laws f the State f Gergia (excluding its cnflict f laws rules) will be applied t any dispute, regardless f where it is heard. Cnstructin and Interpretatin. If any prtin f this agreement is ruled invalid r therwise unenfrceable, it shall be deemed amended in rder t achieve as clsely as pssible the same effect as riginally drafted. Any invalid r unenfrceable prtin shall be cnstrued as narrwly as pssible in rder t give effect t as much f the agreement as pssible. Electrnic Signature. Yur enrllment t use the Service r yur use f the Service cnstitutes yur signature, acceptance, and agreement t the terms and cnditins f this Agreement as if actually signed by yu in writing. Further, yu agree that n certificatin authrity r ther third party verificatin is necessary t the validity f yur electrnic signature. Yu agree that the lack f such certificatin r third party verificatin will nt in any way affect the enfrceability f yur signature r any resulting cntract between yu and the Credit Unin. Rv Page 5

TD Bank Mobile Deposit Addendum to the Online Banking Service Agreement

TD Bank Mobile Deposit Addendum to the Online Banking Service Agreement TD Bank Mbile Depsit Addendum t the Online Banking Service Agreement Please carefully review these terms and cnditins befre prceeding: As a subscriber t the TD Bank Mbile Depsit Service (the "Service")