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Remote Deposit Capture Agreement

Remote Deposit Capture Agreement

In this Remote Deposit Capture Services Disclosure and Agreement (“RDC Agreement“), the words “you“ and “your“ mean the consumer applying for and/or using any of the Remote Deposit Capture Services (the "RDC Services") described in this RDC Agreement. The words “we,“ “us“ and “Credit Union“ mean Deer Valley Credit Union. By requesting and using Remote Deposit Capture Services, you agree that all agreements governing the Credit Union accounts you access using the RDC Services (“Account Agreements“) are incorporated into and made part of this Agreement. In the event of a discrepancy between this RDC Agreement and your Account Agreements, this RDC Agreement will control.

1. Use of the Services 
You can use RDC Services to remotely deposit paper checks made payable to you by electronically transmitting a digital image of the paper check to us for deposit. We agree to deposit the check into your Credit Union account that you designate as your RDC settlement account (“Account“). Your use of the RDC Services constitutes your acceptance of the terms and conditions of this RDC Agreement. To use the RDC Services, you will need a mobile device with a camera and Internet access. Upon our receipt of a digital image of the front and back of a check (“Check Image“) from you, we will review the Check Image for acceptability. We will not be deemed to have received a Check Image until after we notify you of receipt of the Check Image via onscreen messaging and/or email notification. Your receipt of a notice from us confirming receipt of a Check Image does not mean that the Check Image contains no errors or that we are responsible for any information you transmit to us. We are not responsible for any Check Image that we do not receive. Following receipt of the Check Image, we may process the Check Image by preparing a “substitute check“ as defined in the Check Clearing Act for the 21st Century (Check 21) or by clearing the item as an image. Notwithstanding anything to the contrary, we reserve the right, within our sole and absolute discretion, to accept or reject any item for remote deposit into your Account. Any amount credited to your Account for items deposited using RDC Services is a provisional credit.

In addition, you agree that you will not (i) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or RDC Services, (ii) copy or reproduce all or any part of the technology or RDC Services; or (iii) interfere, or attempt to interfere, with the technology or RDC Services.

2. Eligibility for RDC Services
You understand and agree that you may not sign up for or use RDC Services unless the following standards are met:

  1. You must be a Deer Valley Credit Union member for at least 90 days before you are eligible to use the RDC Service.
  2. All associated loans and accounts must remain in good standing.
  3. You must use our Online Banking and Mobile Banking service.

3. Compliance with Law
You agree that the deposit of a Check Image is governed by the same rules that would apply under the Uniform Commercial Code if you deposited a paper check. You agree that a Check Image may be construed as an “instrument,“ “item“ or “order“ as those terms may be applied by analogy under the UCC. You agree to use the RDC Service for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations and this Agreement. You further agree not to use any Credit Union product, service or access device for illegal activity such as illegal online gambling.
 
4. Check Requirements
Any Check Image that you transmit must accurately and legibly provide all of the information on the front and back of the check that existed at the time it was presented to you by the drawer. You may make a deposit only into your account or one on which you are a joint owner. Prior to capturing the original check image, you must endorse the back of the original check consistent with any endorsement specifications set forth in your Account Agreements and include "For Remote Deposit Only at DVCU" on the back of the check. The Check Image must accurately and legibly provide, among other things, the following information: (1) the information identifying the drawer and the paying bank that is preprinted on the check, including complete and accurate MICR information and the signature(s); and (2) other information placed on the check prior to the time 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. You warrant that the image quality for the check will meet the standards for image quality established by the American National Standards Institute ("ANSI"), the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association. You understand that you are solely responsible for the quality of the Check Image submitted for deposit using RDC Services.
 
5. Rejection of Deposit
We are not liable for any service or late charges levied against you due to our rejection of any item submitted through the RDC Services. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your Account due to an item being returned.

6. Items Returned Unpaid
We will notify you of transactions that are returned unpaid. In the event of the dishonor of any item you have transmitted to us for remote deposit that we credited to your Account, you authorize us to debit the amount of such item from the Account. All credits resulting from Remote Deposit Capture are provisional until final payment by the institution on which the deposited item is drawn.

7. Joint and Several Liability for Joint Accounts
If a Credit Union Account has more than one owner, whether that person is designated as a “member,“ “joint owner“ or otherwise, each owner acknowledges joint and several liability for all activity occurring on the joint Account. Each of you agrees that if you become indebted to us as a result of authorized use of the RDC Services and that debt is not paid upon our demand or as otherwise required by any Agreement any of you have with us, we can, unless prohibited by law or an agreement governing an Account, take funds from any Credit Union Account in which any of you has an interest to recover all or part of the unpaid debt, without notice and without waiving other rights we have to collect the debt.

8. Email Address
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.

9. Unavailability of Services
RDC Services may at times be temporarily unavailable due to Credit Union system maintenance or technical difficulties, including those of the Internet service provider, cellular telephone service provider or Internet software. You agree not to use RDC services in the event of a natural disaster which affected any of our locations. In the event that the RDC Services are unavailable for any reason, you may deposit an original check at our branches, at Credit Union Service Center shared branches, through our ATMs or by mailing the original check to us at 16215 N. 28th Ave, Phoenix, AZ 85053. It is your sole responsibility to verify that items deposited using RDC Services have been received and accepted for deposit by us. However, we will email notification of items submitted to us via Remote Deposit Capture which are rejected, not later than the next business day following rejection.

10. Business Days
Our business days are Monday through Friday excluding federal holidays. We must receive a Check Image item by 3pm in order for us to process it that day.

11. Funds Availability
Funds from items deposited by Remote Deposit Capture will be available, within five business days, or earlier at our sole and absolute discretion. Items submitted via the RDC Service will not fall under or be subject to our Regulation CC Funds Availability policy.

12. Accountholder's Warranties
You make all of the warranties under the Uniform Commercial Code and Check 21 when you transmit an RDC Check Image, including but not limited to the following warranties and representations with respect to each image of an original check you transmit to us utilizing the RDC Services:
  1. Each Check Image transmitted to us is a true and accurate rendition of all of the information on 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.
  2. The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
  3. You will not deposit or otherwise endorse the original check to any third party and no person, including another financial institution, 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.
  4. Other than the digital image of an original check that you remotely deposit through RDC Services, there are no other duplicate images of the original check.
  5. 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.
  6. 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.
  7. The information you provided in any Application for RDC Services remains true and correct and, in the event any such information changes, you will immediately notify us of the change.
  8. You have not knowingly failed to communicate any material information to us.
  9. You have possession of each original check deposited using the RDC Services and no party will submit the original check for payment to any financial institution.
  10. Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
13. Storage of Original Checks
Following the transmission to us of a Check Image, you shall notate on the front of the original check “Via RDC“. You agree to securely store each original check for a period of 90 days after transmission of the Check Image to us. You agree to produce the original check to us upon our request in order to facilitate investigations, resolve disputes, or for any other reason we deem necessary, at our sole discretion. After such storage period expires, you agree to destroy and dispose of the original check in a manner that will prevent it or any image of it from being renegotiated. You understand and agree that you are responsible for any loss caused by your failure to secure or properly destroy and dispose of original checks.

14. Securing Images on Mobile Devices
You agree that Check Images captured using a mobile device will be stored on the mobile device only until the associated deposit has been successfully submitted. You agree to promptly complete each RDC deposit conducted using a mobile device. In the event that you are unable to promptly complete your deposit, you agree to ensure that your mobile device remains securely in your possession until the deposit has been completed or to delete the associated images from the application.

15. Accountholder's Indemnification Obligation
YOU AGREE TO INDEMNIFY US AND HOLD US HARMLESS AGAINST ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, COSTS, LOSSES AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, ARISING FROM YOUR USE OF RDC SERVICES, OUR ACCEPTANCE OF YOUR REMOTELY DEPOSITED CHECK, YOUR BREACH OF THIS RDC AGREEMENT OR ANY STATE OR FEDERAL LAW RELATING TO THE RDC SERVICES. YOU WILL INDEMNIFY US FOR THE LOSSES ALLOWED BY LAW (INCLUDING ATTORNEY'S FEES AND COURT COSTS) TO THE EXTENT OF ANY LOSS INCURRED BY A RECIPIENT OF A CHECK IMAGE IF THAT LOSS OCCURRED DUE TO THE RECEIPT OF A CHECK IMAGE INSTEAD OF THE ORIGINAL CHECK. YOUR INDEMNITY INCLUDES WITHOUT LIMITATION YOUR LIABILITY FOR ANY COSTS INCURRED BY US OR ANOTHER FINANCIAL INSTITUTION IN THE EVENT OF DUAL PRESENTMENT OF A CHECK, AND YOU AGREE THAT WE MAY DEBIT ANY ONE OF YOUR ACCOUNTS TO REIMBURSE ANY SUCH LOSS. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF YOUR ACCOUNT OR THIS RDC AGREEMENT.

16. In Case of Errors
In the event that you believe there has been an error with respect to any original check or Check Image transmitted to us for deposit or a breach of this RDC Agreement, you must immediately contact us regarding such error or breach as set forth below. Telephoning us is the best way to notify us of an error.
  • By telephone: (800) 579-5051
  • By internet: www.deervalleycu.org - Contact Us
  • By mail: 16215 N. 28th Avenue, Attn: eServices Phoenix, AZ 85053
17. Limitation of Liability
You understand and agree we are not responsible for any indirect, consequential, punitive, or special damages you may suffer or incur in connection with this RDC Agreement, whether or not the likelihood of such damages was known or contemplated by either Party to this Agreement and regardless of the legal or equitable theory of liability which you may assert, including, without limitation, loss or damage from subsequent wrongful dishonor resulting from our acts or omissions pursuant to this Agreement. You understand and agree that we shall not be responsible for your acts or omissions in using the RDC Services (including without limitation the amount, accuracy, timeliness of transmittal, retention or destruction of checks, your failure to keep safe your own computer or mobile device, or the validity of Check Images transmitted by you) or for the acts or omissions of any other person.

18. Disclaimer of Warranties
WE DO NOT MAKE ANY WARRANTIES ON EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, CAUSED BY THE INTERNET PROVIDER, ANY RELATED SOFTWARE, OR YOUR USE OF ANY OF THEM, OR ARISING IN ANY WAY FROM THE INSTALLATION, USE, OR MAINTENANCE OF YOUR PERSONAL COMPUTER HARDWARE, SOFTWARE, OR OTHER EQUIPMENT. WE DO NOT MAKE ANY WARRANTIES REGARDING PERFORMANCE OR NON- INFRINGEMENT OF RDC SERVICES, AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT RDC SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED. WE WILL BE LIABLE ONLY FOR ACTUAL DAMAGES THAT ARISE FROM OUR GROSSLY NEGLIGENT OR INTENTIONAL FAILURE TO PROPERLY COMPLETE TRANSACTIONS INITIATED USING RDC SERVICES.

19. Change in Terms
We may change the terms and charges for RDC Services by written notification and may amend, modify, add to, or delete from this RDC Agreement from time to time. Your use of the Services after receipt of notification of any change by us constitutes your acceptance of the change.

20. Termination of the Services
You may, by written request, terminate the RDC Services provided for in this RDC Agreement. We may terminate your use of the RDC Services, or the RDC Services, at any time, with or without notice. Additionally, the credit union reserves the right to deny, suspend or revoke your access to the RDC Services immediately, in whole or in part, at our sole discretion and without notice of any kind, if the Credit Union believes you or your authorized users are in breach of this Agreement or are otherwise using or accessing the Services in a manner that is inconsistent with this Agreement. In the event of termination of the Services, you will remain liable for all transactions performed on your Account. You agree to hold us harmless from any cost or expense you may incur due to our termination of the RDC Services for any reason.

21. Relationship to Other Disclosures
The information in this RDC Agreement applies only to RDC Services. Provisions in other agreement and disclosure documents provided to you by us, as may be revised from time to time, remain effective for all other aspects of the Account.

22. Governing Law
This RDC Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by and construed in accordance with the internal laws of the State of Arizona, notwithstanding any conflict-of-laws doctrines of such state or other jurisdiction to the contrary. You agree to submit to the personal jurisdiction of the courts of Arizona.

23. Periodic Statement
Any remote deposits made through the Services will be reflected on your monthly Account statement and will also be available for review via Online Banking. You must notify us of any error relating to images transmitted using RDC Services no later than 60 days after you receive the monthly periodic statement that includes any transaction you allege is erroneous. You are responsible for any errors that you fail to bring to our attention within such time period.

24. Limitations on Frequency and Dollar Amount
We place a $500 daily cumulative advance amount on any items received via the RDC Services. We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Services and to modify such limits from time to time.

25. Unacceptable Deposits
You understand and agree that you are not permitted to deposit the following items using RDC Services. The deposit of any of the following items is strictly prohibited and may result in the immediate revocation of your use of the RDC Services, and may subject you to collection efforts or any other remedy we may have.
  1. Any item that is stamped with a "non-negotiable" watermark;
  2. Any item that contains evidence of alteration to the information on the check;
  3. Any item issued drawn on a financial institution located outside the United States, or any foreign check;
  4. Any item issued in a non-U.S. currency;
  5. Any item that is incomplete;
  6. Any item that is “stale dated“ or “post-dated;“
  7. Savings Bonds;
  8. Any third party check, i.e., any item that is made payable to another party and then endorsed to you by such party;
  9. Any starter check that does not contain the drawer's preprinted information;
  10. Any check which you know, suspect or should know or suspect to be fraudulent;
  11. Any items previously converted to a substitute check or check image;
  12. Deposits from the same account that the deposit is crediting;
  13. Non-readable or non-visible MICR line items
26. Changes in Financial Circumstances
You agree to inform us immediately in the event of a material change in your financial circumstances or in any of the information you have provided to us, including any supporting financial information.

27. Confidentiality
You agree that confidential data relating to our Services, marketing, strategies, business operations and business systems (collectively. "Confidential Information") may come into your possession in connection with the RDC Agreement. You understand and agree that you are prohibited from disclosing and agree to maintain the confidentiality of our Confidential Information.

28. Waiver
The Credit Union shall not be deemed to have waived any of the rights or remedies hereunder unless such waiver is in writing and signed by an officer of the Credit Union. No delay or omission on the part of the Credit Union is exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

29. Relationship
This RDC Agreement does not create, and shall not be construed to create, any joint venture or partnership between the parties. No officer, employee, agent, servant, or independent contractor of either party shall at any time be deemed to be an employee, servant, agent, or contractor of the other party for any purpose whatsoever.

30. Attorneys' Fees
The prevailing party in any legal or equitable action arising out of this RDC Agreement will recover its reasonable attorneys' fees and costs in addition to any other remedy the court finds proper.

31. Exception
The Credit Union has the authority to grant exceptions to this agreement when necessary. Each exception will be reviewed on a case by case basis by management.

32. Electronic Signature
This RDC Agreement is an electronic contract that sets out the legally binding terms of your use of the RDC Services. You indicate your acceptance of this RDC Agreement and all of the terms and conditions contained or referenced in this RDC Agreement by clicking on the “I Agree“ button in connection with your enrollment. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. By clicking on the “I Agree“ button, you accept RDC Agreement, and agree to the terms, conditions, and notices contained or referenced herein. When you click on the “I Agree“ button, you also consent to have the RDC Agreement provided to you in electronic form. You may request a non-electronic copy of the RDC Agreement by writing to Deer Valley Credit Union, 16215 N. 28th Ave., Phoenix, AZ 85053 Attn: eServices.

WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY THE SERVICE. NOR SHALL WE BE RESPONSIBLE FOR ANY LATE FEES, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR MAINTENANCE OF THE SERVICE. THE SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES OF MERCHANTABILITY.
 

Revised June 2018