Agreement
By Using VacationLand Federal Credit Union’s Remote Deposit Capture (RDC) Application, you agree to the Terms and Conditions of this Remote Deposit Capture Use Agreement (as amended from time to time, this Agreement). The words “we,” “us,” and “our,” refer to VacationLand Federal Credit Union. “You” or “your” means, as applicable, each Owner of an Account or a person applying for an Account. “Account” means the deposit account you have with VacationLand Federal Credit Union with which you will use the Remote Deposit Capture services. You may use this service to transmit and deposit checks and other financial instruments through the RDC application. This Agreement supplements the Account Agreements and Disclosures provided at the time of Account opening. You should review the Account disclosures carefully, as they may include transaction limitations and fees which might apply to your use of the RDC Application. An electronic copy of the VacationLand Federal Credit Union Terms and Conditions can be found at: http://www.vlfcu.org/policies-and-disclosures
Other Agreements
VacationLand Federal Credit Union does not charge a fee for this service; however, standard data rates from your mobile service provider may still apply. The words “we,” “us,” and “our,” refer to VacationLand Federal Credit Union. “You” or “your” means, as applicable, each Owner of an Account or a person applying for an Account. “Account” means the deposit account you have with VacationLand Federal Credit Union with which you will use the RDC services.
You agree that, when you use the Remote Deposit Capture application, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Remote Deposit Capture and you agree to be solely responsible for all such fees, limitations and restrictions. Accordingly you agree to resolve any problems with your carrier or provider directly with your carrier or provider without involving us. You also agree that if you have any problems with Remote Deposit Capture, you will contact us directly.
Description of Service
Remote Deposit Capture is offered as a convenience and supplemental service to our Online and Mobile Banking services. Remote Deposit Capture is a personal financial information management service that allows you to transmit and deposit checks and other financial instruments through use of the Application provided by us through our online banking services using compatible and supported mobile phones and/or other wireless devices under your control. To utilize RDC services, your mobile device must be internet enabled/connected to the internet and you must download the application (i.e. from the Amazon Marketplace, Google Play Store, or Apple App Store) to your mobile device.
We reserve the right to limit the types and number of accounts eligible for RDC services. We also reserve the right to modify the scope of the Service at any time without notice.
Remote Deposit Capture may not be accessible or may have limited utility over some network carriers. In addition, the Service may not be supported on all Devices. VacationLand Federal Credit Union cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or “out of range” issues.
User Conduct
You agree not to use the Remote Deposit Capture application or the content or information delivered through the Remote Deposit Capture application in any way that would be considered illegal or violate any law or statue. Harassment or threatening language will result in the closure or suspension of your Account. You warrant that you will only transmit acceptable items for deposit and will handle the original items in accordance with applicable laws, rules and regulations.
Acceptable Deposit Items
Personal, business, or cashier’s checks made payable to you in U.S. dollars, drawn on a financial institution located within the continental United States.
Prohibited Deposit Items
- Foreign Checks
- Savings Bonds
- Money Orders
- Third-Party Checks (two endorsements on the back)
- Altered Checks
- Stale Dated Checks (checks dated more than six months ago)
- Post Dated Checks (checks dated for a future day)
- Checks purporting to be a lottery or prize-winning
- Checks previously submitted for deposit
- Non-Negotiable Items
- Incomplete checks (missing date, payee, signature, etc.)
Use of Service
You agree to accept responsibility for making sure you understand how to use the RDC application, and that you will contact us directly if you have any problems with these services. You will also accept responsibility for making sure that you know how to properly use your Device and VacationLand Federal Credit Union will not be liable to you for any losses caused by your failure to properly use the Service or your Device. From time to time, VacationLand Federal Credit Union may develop additional Mobile Banking Services. When such services are developed, you will have the opportunity to add them to your VacationLand Federal Credit Union Mobile Banking Service, provided you have a compatible Mobile Device.
You certify that any image of a check that you transmit using the Application must accurately and legibly provide all the information on the front and back of the check necessary to process the check, including the required endorsements. In order to be accepted through the RDC Service, VLFCU requires that checks be signed by the payee AND say either “For Remote Deposit Only”, “For Mobile Deposit Only”, or the appropriate check box must be marked on the back of the check where it says “Check Here if Mobile Deposit”.
You agree you are responsible for any loss or overdraft plus any applicable fees to your account due to an item being returned. You authorize us to debit the amount of an item from your account, in the event that you transmit through remote deposit a dishonored item. You agree to notify us immediately if you change your email address, as this is the email address where we will send you notification of receipt of remote deposit items.
You make the following warranties and representations with respect to each image of an original check you transmit when utilizing the Application: each image of a check transmitted to us 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. Other than the digital image of an original check that you remotely deposit through the Application, there are no other duplicate images of the original check. 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. The information you provided remains true and correct and, in the event any such information changes, you will immediately notify us of the change. You have not knowingly failed to communicate any material information to us. You have possession of each original check deposited using the Application and no one will submit, or has submitted, the original check for payment.
You agree to take every precaution to ensure the safety, security and integrity of your Account and transactions when using the RDC application. You agree not to leave your Device unattended while logged into the RDC application and to log off immediately at the completion of each access by you. You agree to keep your password confidential, secure, and to not provide your password or other access information to any other person. If you do, we will not be liable for any damage resulting to you. You agree not to use any personally identifiable information when creating shortcuts to your Account. If you believe that someone may have unauthorized access to your RDC application, you agree to cancel your RDC services associated with the Device immediately. You agree to use RDC carefully, to check your statements and transactions regularly, to report any errors to us immediately, and to cancel immediately your participation in RDC if you observe any material errors in the RDC Services.
Funds Availability
Any Image transmitted through the Service by 3:30 p.m. Eastern time on a business day that we are open (business days do not include Saturday, Sunday, or Holiday’s) will be considered for acceptance that business day; an Image transmitted after 3:30p.m. Eastern Time will be considered for acceptance on the next business day. We will make our determination concerning whether or not to accept the Image for deposit by 3:30 p.m. Eastern time, and you will be notified through the Service via email at the time we make our decision.
Funds will appear in your account after your “deposit” has been approved. This is typically within 24 hours (similar to an in-person check deposit). However, funds may not be available for immediate withdrawal. Any hold placed on a deposit transmitted via the service will be done so in accordance with our Funds Availability Policy Disclosure.
Errors
In the case of errors or questions about your transactions, you should, as soon as possible, notify us via one of the following:
- Telephone us at 1-800-691-9299; or
- Write us at: P.O. Box 2257, Sandusky, OH, 44871.
If you think your statement is incorrect or you need more information about a Service transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:
- Tell us your name and Account number;
- Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information ; and,
- Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Account. If it is determined there was no error, we will mail you a written explanation without three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.
Equipment and Software
VacationLand Federal Credit Union does not guarantee that your Device or mobile phone service provider will be compatible with Remote Deposit Capture. Mobile phones and other Devices with internet capabilities are susceptible to viruses. You are responsible to ensure that your Device is protected from and free of viruses, worms, Trojan horses, or other similar harmful components (collectively referred to as “viruses”) which could result in damage to programs, files, and/or your phone or could result in information being hacked or intercepted in any way by a third party. VacationLand Federal Credit Union will not be responsible or liable for any indirect, incidental, special or consequential damages which may result from such viruses. VacationLand Federal Credit Union will also not be responsible if any non-public personal information is accessed via the RDC application due to any of the above named viruses residing or being contracted by your device at any time or from any source. VacationLand Federal Credit Union is not responsible for errors or delays or your inability to access the service caused by your Device. We are not responsible for the cost of upgrading the Device to remain current with the Service. We are not responsible for any damage to the Device or the data within.
Remote Deposit Capture Service Limitations
Neither we nor our service providers can always foresee or anticipate technical or other difficulties related to RDC. We will use reasonable efforts to make RDC services available for your use on a continuous basis. We do not guarantee functionality of RDC services (or any Mobile Banking Software) on all Mobile Devices, on all communications networks, in all geographic regions, or at all times. Mobile Banking service may be temporarily unavailable for regular or emergency system maintenance. We will endeavor to have our scheduled maintenance occur during non-peak hours, but we may conduct maintenance at any time. These difficulties may result in loss of data, personalization settings or other RDC interruptions.
Neither we nor any of our service providers assumes responsibilities for the operation, security, functionality or availability of any Mobile Device or mobile network which you utilize to access RDC services. You agree to exercise caution when utilizing the RDC Services on your Mobile Device and to use good judgment and discretion when obtaining or transmitting information.
Changes or Terminations
You may cancel your participation in Remote Deposit Capture at any time.
To cancel your participation in VacationLand Federal Credit Union Remote Deposit Capture you must write to us at: P.O. Box 2257, Sandusky, OH, 44871.
To delete the RDC App, refer to the instructions for deleting a Mobile Application for your specific Mobile Device.
We reserve the right to change or terminate RDC services at any time without notice. Termination may be in whole or in part at any time with or without cause and without prior written notice as allowed by Law. In our sole and absolute discretion, we may temporarily or permanently suspend your access to RDC at any time without notice and for any reason, including, but not limited to, your non-use of RDC as well as if a security breach has been attempted or has occurred. We may consider repeated incorrect attempts to enter your username or PIN as an indication of an attempted security breach. You agree that we will not be liable to you or any third party for any modification or discontinuance of RDC services. Termination of the Service does not affect your obligations under this Agreement in respect to occurrences before termination.
Changes to fees or terms applicable to Accounts are governed by the Agreement otherwise governing the applicable account.
Indemnification
You agree to indemnify, defend, and hold VacationLand Federal Credit Union and its affiliates, officers, directors, employees, consultants, agents, Mobile service providers, and licensors harmless from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorneys’ fees) arising from (a) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the service; (b) your violation of any law or rights of a third party; or (c) your use, or use by a third party, of Mobile Banking.
DISCLAIMER OF WARRANTY
REMOTE DEPOSIT CAPTURE SERVICES AND SOFTWARE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, OR MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, OR ANY OTHER WARRANTY AS TO PERFORMANCE, ACCURACY OR COMPLETENESS, OR TITLE AND THE ABSENCE OF ANY LATENT OR PATENT DEFECTS AND/OR VIRUSES. YOUR USE OF THE REMOTED DEPOSIT CAPTURE SOFTWARE, AND ANY MATERIAL OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED VIA THE REMPOTE DEPOSIT CAPTURE APPLICATION, IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.