RBC Bank U.S. Remote Deposit Terms & Conditions

Transcription

1 RBC Bank U.S. Remte Depsit Terms & Cnditins 1. Intrductin. These Remte Depsit Capture Terms and Cnditins (the Agreement ) include certain prvisins gverning yur use f the RBC Bank U.S. Remte Depsit Capture service (the Service ). In this Agreement, the terms we, us, ur and the Bank refer t RBC Bank (Gergia), N.A., als knwn as RBC Bank, and the terms yu and yur refer t the individual(s) r entity(ies) identified in the Accunt Applicatin fr the Accunt(s) that we apprve fr yur use in cnnectin with the Service as the Depsitr r Client, whether ne r mre; and unless the cntext clearly indicates therwise, yu r yur als includes each f yur Authrized Representatives, if applicable. Capitalized terms used in this Agreement that are nt therwise defined herein have the meanings given t them in ur Service Agreement which gverns yur Accunts with us, and which is hereby incrprated by reference and made a part f this Agreement. By acknwledging yur acceptance f this Agreement r by using the Service, yu agree t be legally bund by and t adhere t all f the terms and cnditins f the Agreement and f any ther dcuments, whether in written r electrnic frm, which we may prvide t yu frm time t time and which cntain additinal prvisins r instructins applicable t the Service, as any f the freging may be amended. 2. General Descriptin f Service. The Service enables yu t make depsits t yur Eligible Accunts (as defined belw) electrnically, frm a cmpatible mbile device r by scanning checks thrugh an apprved scanner and delivering the images and assciated depsit infrmatin t the Bank r ur designated prcessr. We will then prcess the items in yur depsits and send them fr cllectin using such methds and cllectin agents as we may chse in ur sle discretin. 3. Fees. There is currently n charge fr the Service. We will give yu a minimum f 30 days advance ntice shuld we decide t institute a charge in the future. Such ntice may be prvided electrnically r in writing at ur discretin. 4. Apprval. We will activate the Service nly after we have reviewed and apprved yur request t begin using it. As part f ur review, yu may be required t prvide t us such infrmatin and dcumentatin as we may request, such as certain financial infrmatin, infrmatin n yur prjected use f the Service and ther infrmatin we may deem necessary r apprpriate in assessing risk. Our decisin whether t apprve r deny yur request t use the Service is within ur sle discretin.

2 5. Eligible Accunts. At the time we activate the Service, we will ntify yu cncerning which f yur Accunts we have apprved fr use with the Service ( Eligible Accunts ). Frm time t time, yu may request that we include additinal Accunts, and they are likewise subject t ur apprval. 6. Equipment and Sftware. T use the Service, yu must btain and maintain, at yur expense, cmpatible equipment and sftware as specified by the Bank and subject t change frm time t time. Current equipment and sftware specificatins are set frth n Schedule A which is attached heret and made a part f this Agreement. We are nt respnsible fr, and we make n warranties f any nature with respect t, any third party equipment r sftware yu may need t use the Service. Any such equipment r sftware is subject t the terms and cnditins f any agreements yu may enter int with the prvider, such as a sftware agreement yu accept at the time f dwnlad and installatin. We have the right, in ur sle discretin, t make changes t the Service frm time t time which may result in yur equipment r sftware becming n lnger cmpatible with the Service, and in such event, we will have n respnsibility r liability t yu. 7. Applicability f and Cmpliance with Laws, Agreements, etc. Yu agree that yu will nt use the Service t initiate any depsits which vilate any applicable laws, regulatins r ther legal authrities. Yu als agree t be bund by all applicable requirements f law relating t check cllectin prcesses, including: (i) the Unifrm Cmmercial Cde ( UCC ); (ii) the Check Clearing fr the 21st Century Act (cmmnly knwn as Check 21 ), as implemented by amendments t Federal Reserve Bard Regulatin CC ( Regulatin CC ); (iii) all ther applicable prvisins f Regulatin CC; and (iv) any clearing huse agreements, image exchange agreements, perating circulars r ther rules r legal authrities t which the Bank is a party r by which we are bund as a participant in the cllectin prcess. Further, yu acknwledge that ur nrmal plicies, prcedures and prcesses relating t the handling f items submitted fr depsit t the Bank thrugh varius means will apply, except t the extent that in ur sle discretin we may mdify them in cnnectin with the Service, and yu agree t be bund by such plicies, prcedures and prcesses including any that may be described in the Service Agreement gverning yur Accunts. 8. Image Transmissin and Prcessing. Yu are slely respnsible fr transmitting t us nly images f checks that are fully legible and that accurately represent all pertinent infrmatin n the frnt and back f each check. Yu must utilize nly transmissin and image frmats that cnfrm t the Bank s and recgnized industry specificatins and quality standards. In the event that yu transmit an image f an item that we cannt further prcess due t the pr quality f the image, we

3 will nt be respnsible r liable t yu r any ther persn r entity fr any delay in the prcessing r presentment f the item. Our current cutff time by which we must receive images frm yu fr prcessing n the same Business Day (defined as Mnday thrugh Friday, excluding banking hlidays) is 5:00 p.m. Eastern time. Yu will receive ntice shuld the cutff time change, and such ntice may be prvided electrnically r in writing at ur discretin. Any depsit received after the deadline will be deemed received and will be prcessed n the fllwing Business Day. Accepted checks will be deemed t have been depsited at such lcatin(s) as we may select frm time t time in ur sle discretin, regardless f where yu are lcated r where we deem yur Accunt(s) t be maintained. Checks depsited thrugh the Service will nrmally pst t yur accunt n the same Business Day they are prcessed. Hwever, all checks that we accept thrugh the Service are accepted and psted fr prvisinal credit nly and are subject t pssible subsequent return fr varius reasns as permitted by law (see Returned Items belw). We may, but have n bligatin t, send yu a cnfirmatin that we have received yur depsit; hwever, yur receipt f any such cnfirmatin des nt mean that the transmissin was errr free r cmplete r that we have yet accepted and prcessed the depsit. T cnfirm whether we have accepted and prcessed any given depsit and psted the prvisinal credit t yur Accunt, yu may lk fr the amunt f the credit in yur Online Banking accunt n the fllwing Business Day, r yu may call us at Yu agree that nce yu have transmitted yur depsit t us, yu will nt depsit r attempt t depsit any scanned items (either riginals r images) with us r any ther financial institutin. 9. Restrictins n Use f Service. We may establish and change frm time t time certain restrictins n yur use f the Service, such as limits n the size f depsits transmitted, the number f depsits that may be transmitted per day r ther specified perid, r the dllar amunts per check, per depsit, per day r ther specified perid that we may accept thrugh the Service. Unless we ntify yu that yu are subject t different limits, yu may transmit a maximum f three depsits per day ttaling n mre than $3,500 in depsited items, and yu may transmit a maximum f nine depsits ver any five cnsecutive Business Days ttaling n mre than $7,000 in depsited items. If yu request that we allw yu t have higher limits, we may require additinal infrmatin r dcumentatin frm yu t help us assess yur request, and ur decisin whether t apprve r deny yur request will be within ur sle discretin. 10. Limitatins f Service. When using the Service, yu may smetimes experience technical r ther prblems. We d nt assume any respnsibility r liability fr any technical r ther prblems, r fr any resulting lsses r damages yu may incur. If at any time and fr any

4 reasn yu are unable t scan r transmit r we are unable t receive yur depsits thrugh the Service, and yu d nt wish t wait fr the prblem t be crrected, yu will be slely respnsible at yur expense fr finding an alternate methd t depsit the items, such as by using U.S. Mail r vernight delivery. 11. Eligible and Ineligible Items. Yu may scan and depsit nly U.S. checks r mney rders that are prperly payable in accrdance with all applicable requirements f law, including UCC Articles 3 and 4 ( Eligible Items ). Yu agree that the image f any check r mney rder transmitted t the Bank shall be deemed an item within the meaning f the UCC. Yu agree nt t use the Service t attempt t depsit any checks, mney rders r ther items f the fllwing types ( Ineligible Items ): a. Items payable t any persn r entity ther than yu r a jint accunt hlder. b. Items drawn r therwise issued by yu r any ther persn r entity n any f yur ther accunts with us, including any n which yu are an authrized signer r jint accunt hlder. c. Items cntaining bvius alteratins t any f the fields n the frnt f the check r item, r which yu knw r suspect, r shuld knw r suspect, are fraudulent r therwise nt authrized by the wner f the accunt n which the item is drawn. d. Items previusly cnverted t a substitute check, as defined in Regulatin CC. e. Items that are remtely created checks, as defined in Regulatin CC. f. Items drawn n r payable thrugh a financial institutin lcated utside the United States r which bear a nn-u.s. ruting/transit number. g. Items nt payable in United States currency. h. Items dated mre than six mnths befre the date f depsit r that are pstdated (dated fr a future date). i. Any ther items prhibited by ur then current plicies and prcedures relating t the Service r which are therwise nt acceptable under the terms gverning yur accunt. j. Any ther type f item that we may designate by prir ntice t yu as nt eligible fr depsit using the Service, r that we may s

5 designate at the time f an attempted depsit by rejecting it and returning it t yu, which we may d fr any reasn in ur sle discretin. Ntwithstanding the freging, we may frm time t time in ur sle discretin accept certain Ineligible Items fr depsit, but in n event d we have any bligatin t d s, nr will we have any respnsibility r liability t yu r any ther persn r entity if we reject any Ineligible Items. 12. Endrsements. Yu agree t restrictively endrse any item transmitted thrugh the Service as Fr depsit nly, RBC Bank accunt # r as therwise instructed by us. Withut limiting yur respnsibility fr the prper endrsement f all items r yur liability relating t imprper r nncnfrming endrsements, we have the right but nt the bligatin t accept nncnfrming endrsements, t supply any missing endrsements, and t attempt t cllect items with nncnfrming r missing endrsements. 13. Representatins and Warranties; Indemnificatin. Each time yu transmit a depsit using the Service, yu represent and warrant t us that: a. Yu are transmitting nly Eligible Items fr depsit t Eligible Accunts, and yu are adhering t any ther limits r restrictins we may have placed n yur use f the Service. b. The transmissin cnfrms with ur specificatins and quality standards and any applicable industry standards, and des nt cntain any viruses. c. There are n duplicate depsits r checks, and yu have nt submitted any check previusly transmitted t us thrugh the Service r therwise, unless the check was unable t be prcessed r was returned by us t yu and the riginal reasn fr such prcessing failure r return has since been crrected, such that resubmissin is prper. d. Yu will nt, nr will yu permit r cause any ther persn t, cause r attempt t cause payment n an item t be made mre than nce by depsiting the riginal check r an image theref with the Bank r any ther financial institutin r therwise seeking cllectin r payment in any manner, at any time either befre r after yur transmissin f such check thrugh the Service. e. All infrmatin submitted is true and accurate, including that each check image accurately represents all pertinent infrmatin n the frnt

6 and back as f the time f transmissin. f. Each check is prperly payable t yu r a jint accunt hlder and has been prperly endrsed. g. Yu make t us all f the transfer and presentment warranties relating t items under the UCC, including that each check has nt been altered and that all signatures n it are authentic and authrized. h. Yu are cmplying with this Agreement and all applicable requirements f law. Yu agree t indemnify and hld us harmless frm any lss r damage we may incur arising ut f yur breach f any f the freging representatins and warranties r any ther prvisin f the Agreement, r relating in any way t ur acceptance f images f items yu transmit t us using the Service; prvided, hwever, that the freging indemnificatin shall nt apply t the extent, if any, that a lss r damage is directly caused by ur wn material breach f the Agreement r by ur grss negligence r intentinal miscnduct. 14. Rejected r Unreceived Depsits r Checks. We may reject and return all r part f any depsit fr any reasn in ur sle discretin, including fr yur failure t cnfrm t required image quality standards r yur failure t prvide prper endrsements. Any item we receive will nt be deemed accepted fr depsit by us until we have determined that it meets all f ur nrmal requirements fr cntinued prcessing. We will have n respnsibility r liability t yu r any ther persn r entity relating t any depsit r prtin theref that we reject. We als will have n respnsibility r liability fr any depsit r prtin theref which may be lst in transmissin r is therwise nt received by us. 15. Availability f Funds. Images f items transmitted using the Service will be treated as checks, and nt as any frm f electrnic depsit, fr purpses f determining the timeframe in which we will make the funds frm such items available fr yur withdrawal, as described in detail in the Funds Availability Plicy sectin f yur Service Agreement. As nted in the Service Agreement, we will ntify yu if we are ging t delay yur ability t withdraw any funds beynd the nrmal times described in ur Funds Availability Plicy, and we will tell yu when the funds will be available. 16. Check Strage and Destructin; Image Retentin. Yu are respnsible fr ensuring that all riginal checks which have been scanned and transmitted thrugh the Service are securely stred, retained fr a reasnable perid f time (a minimum f 14 days is recmmended), and then dispsed f using a reasnable methd such as shredding. Yu are slely respnsible and liable fr any lsses r

7 damages resulting frm a lack f adequate cntrls ver the checks. Als, we will have n respnsibility r liability t yu r any ther persn r entity relating t the unavailability f any riginal check after yu have destryed it. We retain images f checks prcessed thrugh the Service fr at least the perid f time required by applicable law. Yu may btain cpies upn request t us, fr which we may charge a fee. With respect t any imaged item cncerning which we request yur assistance fr any purpse, such as t aid in the cllectin prcess, fr audit purpses, r in cnnectin with an investigatin by the Bank invlving an item that (i) is illegible r f pr quality, (ii) is deemed part f an unusual transactin, (iii) is the subject f a dispute, r (iv) is fr any ther reasn the subject f an investigatin, yu agree t prmptly prduce either the riginal item if it is still in yur pssessin r yur wn image f the item t help facilitate ur investigatin. If yu are unable t prvide either the riginal item r a suitable image, then ur image r ther infrmatin in ur recrds relating t the item shall be deemed cnclusive as t the terms f the item. If bth yu and we prvide an image (r the riginal) f any item and the tw differ in any material respect, we will be slely respnsible fr reslving the discrepancy. 17. Errrs. Yu agree t prmptly check the crrectness f each Accunt Statement and t ntify us immediately f any suspected errrs regarding items depsited thrugh the Service. Unless a lnger time perid is mandated by applicable law, if yu d nt ntify us within 30 days after the date f the Accunt Statement, such statement shall be deemed crrect and final regarding all depsits made thrugh the Service, and yu are thereafter barred frm making any claim against the Bank fr such alleged errr. 18. Returned Items. As nted abve, all items are credited t yur Accunt n a prvisinal basis, and such credit may be revked if payment fr an item is nt received r if the item is returned after initial payment fr any reasn permitted under applicable law. Any items we accept fr depsit thrugh the Service that are unpaid r subsequently returned by the financial institutin n which they are drawn will be charged back against yur Accunt and returned t yu. Yu must accept all such returns, regardless f the reasn fr the return r the frm in which it is sent, which may be as a Substitute Check r Image Replacement Dcument / IRD (legally recgnized paper reprductins f the riginal item) r a digital image r ther electrnic representatin f the infrmatin cntained n the item. Yu may be charged depsit reversal fees fr any returns, pursuant t ur nrmal plicies and Schedule f Fees. If any return r fee results in an verdraft in yur Accunt, relevant prvisins f the nnsufficient funds and verdrafts sectin f yur Service Agreement will apply. Please see als the setff and security interest prvisins f the Service Agreement fr a descriptin f ur rights in cnnectin with any amunts yu we us,

8 including ur right t recver any such amunts frm accunts yu have with ur Canadian Affiliate, RBC Ryal Bank. 19. Audit Rights and Reprts. Yu acknwledge and agree that the Bank may need r desire t cnduct audits r examinatins frm time t time t review varius aspects f yur use f the Service such as yur remte depsit capture peratins, prcesses and infrmatin technlgy infrastructure, and yur cmpliance with this Agreement and applicable laws. Upn ur request with reasnable advance ntice, yu agree t prvide us with such reasnable access t yur recrds and/r premises (including the right t make and remve cpies f recrds), at mutually agreed upn times, as may be necessary t effectuate the freging. Upn ur request frm time t time, either in additin t r in lieu f ur exercising ur rights t cnduct ur wn n-premises r remte audits as described abve, yu als agree t prvide us cpies r acceptable summaries f any self-assessments, independent audits, test results r ther reprts, data r infrmatin that are relevant t yur use f the Service. The Bank agrees t keep any infrmatin it receives pursuant t this sectin cnfidential, except t the extent that it may be required t disclse the same t its regulatrs r as therwise required by law. The Bank reserves the right t require that any selfassessments r independent audits relating t the Service utilize criteria reviewed and apprved in advance by the Bank. 20. Ownership Rights. Yu acknwledge and agree that the Bank and/r any third party service prvider we may utilize retains all wnership and prprietary rights in the Service and its assciated cntent and technlgy. Yu may nt cpy, reprduce, distribute r create derivative wrks frm the cntent, and yu agree nt t reverse engineer r reverse cmpile any f the technlgy used t prvide the Service. 21. DISCLAIMER OF WARRANTIES. UNLESS SPECIFICALLY PROVIDED OTHERWISE IN THIS AGREEMENT OR UNDER APPLICABLE LAW, YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE USE OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. FURTHER, WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. 22. STANDARD OF CARE; LIMITATIONS ON LIABILITY. WE WILL BE RESPONSIBLE FOR PERFORMING THE SERVICE USING ONLY REASONABLE AND ORDINARY CARE. UNLESS SPECIFICALLY PROVIDED OTHERWISE IN THIS AGREEMENT OR UNDER APPLICABLE LAW, YOU AGREE THAT OUR LIABILITY TO YOU

9 WILL BE LIMITED TO ANY ACTUAL, DIRECT LOSSES OR DAMAGES YOU INCUR THAT ARE DIRECTLY CAUSED BY OUR MATERIAL BREACH OF THIS AGREEMENT OR BY OUR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT; PROVIDED, HOWEVER, THAT OUR MAXIMUM AGGREGATE LIABILITY RESULTING FROM ANY SUCH CLAIMS SHALL NOT EXCEED $ IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. 23. Changes; Terminatin. We may amend this Agreement frm time t time. We will nrmally ntify yu f any material changes via r n ur website by prviding a link t the revised Agreement. Yur cntinued use f the Service after any change becmes effective cnstitutes yur acceptance f the revised Agreement. Further, we reserve the right, at any time in ur sle discretin, t mdify, restrict, suspend r discntinue the Service r any prtin theref r yur use f the Service r any prtin theref, r t terminate this Agreement, immediately and withut prir ntice t yu. Withut limiting the generality f the freging, we may restrict, suspend r terminate yur use f the Service if yu have a rate f returned items that we cnsider excessive. If at any time yu n lnger wish t cntinue using the Service, yu agree t prmptly ntify us. 24. Miscellaneus Prvisins. Yu may nt assign r transfer yur rights and bligatins under this Agreement r yur use f the Service t any ther persn. We may assign r transfer ur rights and bligatins under this Agreement in whle r in part, and we may delegate, utsurce r subcntract any f ur respnsibilities relating t the Service r any part theref, all withut ntice t r apprval by yu. This Agreement shall be gverned by the laws f the state f Gergia and f the United States. A determinatin that any prvisin f this Agreement is unenfrceable r invalid shall nt render any ther prvisin f this Agreement unenfrceable r invalid. In the event f any cnflict between a prvisin f this Agreement and a prvisin f the Service Agreement r any ther agreement yu may have with us, this Agreement will generally cntrl as t the Service, but we will be slely respnsible fr reslving such cnflict. Any prvisins f this Agreement which by their inherent nature wuld be deemed by a reasnable persn as intended t survive terminatin f the Agreement, including withut limitatin yur indemnificatin bligatins hereunder and the applicability f varius prvisins t depsits transmitted prir t terminatin, shall s survive.

10 SCHEDULE A EQUIPMENT AND SOFTWARE SPECIFICATIONS Reference is made t Sectin 6 f the Agreement fr additinal infrmatin cncerning equipment and sftware. Our current specificatins are as fllws: Wrkstatins: 933MHZ r equivalent and 512 MB RAM. Operating Systems: Windws 2000 Prfessinal SP6, XP SP2, Vista, MAC OSX 10.4 and abve, Windws XP (32-bit). Sftware: Java Runtime Envirnment (JRE) (web brwser plug-in, free frm Sun Micrsystems), JRE r higher fr all ther scanner driver packages. Brwsers: Micrsft Internet Explrer versin 6.0 r higher, Mzilla Firefx (latest versin), Apple Safari (3.0.4 r higher), r Ggle Chrme ( r higher). Internet Cnnectivity: Any bradband r DSL type internet access, with a minimum f 128Kbps dwnlad speed. Dial up access may be used but system perfrmance is nt guaranteed. Dial up shuld nly be used fr back up. Certified Scanners: TWAIN cmpliant scanners with TWAIN cmpliant drivers r TWAIN cmpliant All-in-One cpier scanners. Mbile Devices: See equipment requirements specified fr the applicatin dwnlad. Please nte: The stated versins are supprted minimums. We generally recmmend that yu cntinue t upgrade t the latest versins using the apprpriate mechanisms, t take advantage f security and perfrmance enhancements; hwever, please check with us befre ding s t cnfirm that we are supprting the latest upgrades.