Remote Deposit Anywhere Services Disclosure and Agreement
This Agreement contains the terms and conditions for the use of Firstmark Remote Deposit Anywhere. In this Disclosure and Agreement, the words “you,” “your” or “user,” mean the (consumer or business) that applied for and/or uses any of the Remote Deposit Anywhere Services (the “Services”) described in this Disclosure and Agreement. The words “Firstmark,” “us,” and “we” mean (Firstmark Credit Union).
- Acceptance of these Terms.
Your use of the Services constitutes your acceptance of the terms and conditions of this Disclosure and Agreement. This agreement is subject to change. Firstmark Credit Union will notify you of any material change via e-mail or on our website by providing a link to the revised agreement. Your continued use of the services will indicate your acceptance of the revised Agreement.
- Use of the Services.
This remote deposit anywhere service is designed to allow you to remotely deposit paper checks to your personal savings, checking or Money Market accounts with Firstmark (the “Account”) by electronically transmitting a digital image of the paper checks for deposit.
- Hardware and Software
You agree to comply with the hardware and software requirements set forth in the “System \Requirements” to include hardware and software requirements that will be used to store information. When using the Services, you may experience technical or other difficulties. We cannot assume responsibility for any technical or difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you. 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 Service, (ii) copy or reproduce or any part of the technology or Service; or (iii) interfere, or attempt to interfere, with the technology or Service.
- Compliance with Law
You agree to use the products and Service for lawful purposes and in compliance with all applicable laws, rules and regulations, as well as all laws pertaining to the conduct of your business if applicable. 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. You promise to indemnify and hold Firstmark harmless from any damages, liabilities, costs, expenses (including attorneys’ fees) or other harm arising out of any violation thereof. This indemnity will survive termination of your Account and this Agreement.
Remote Deposit is available to Consumer Firstmark accounts that meet the following criteria:
- Must be over 18 years of age
- Account must be open for a minimum of 30 days
- Account must be in good standing.
Criteria for good standing:
- Loans cannot be in delinquency status
- Cannot have any charged off loans or shares
- Cannot have derogatory action placed on account:
- Excessive NSF history
- Member Convenience revoked from account.
- Have never caused the Credit Union to have suffered any loss
- Daily Limits
- Maximum daily deposits item: 5 per day
- Maximum daily amount: $2,500.00
- Maximum monthly: $77,500.00
You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC (“Reg CC”). You agree that the image of the check transmitted to Firstmark shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in Texas.
You agree that you will use the services to deposit any checks or other items as described below:
- Each image of a check transmitted 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 endorse 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 our Services, 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.
- You have not knowingly failed to communicate any material information to us.
- You have possession of each original check deposited using the Services and no party will submit the original check for payment.
- Files and images transmitted to Firstmark will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
You agree that you will not use the Services to electronically deposit any checks or other items as shown below:
- Checks or items payable to any person or entity other than you, unless joint account holders.
- Checks or items drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are an authorized signer or joint account holder.
- Checks or items containing obvious alteration to any of the fields 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 that is stamped with a “non-negotiable” watermark.
- Checks or items previously converted to a substitute check, as defined in Reg CC.
- Checks or items drawn on a financial institution located outside the United States.
- Checks or items that are remotely created checks, as defined in Reg CC.
- Checks or items not payable in United States currency.
- Checks or items dated more than 6 months prior to the date of deposit.
- Savings Bonds
The image of an item transmitted to Firstmark using the Services must be legible. Any image of a check must accurately and legibly provide all the information on the front and back of the check. 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.
Endorsements and Procedures
You agree to restrictively endorse any item transmitted through the Services as:
“For Deposit Only, Firstmark member #______” or as otherwise instructed. Check must be endorsed with signature
You agree to follow any and all other procedures and instructions for use of the Services as Firstmark may establish from time to time.
Receipt of Items
You understand and agree that receipt of an image does not occur until you are notified of receipt of the image via onscreen messaging and/or email notification. We are not responsible for any image that we do not receive. We reserve the right to reject any item transmitted through the Service, at our discretion, without liability to you. We are not liable for any service or late charges levied against you due to the rejection of any item. You are responsible for any loss or overdraft plus any applicable fees to your Account due to an item being returned.
Availability of Funds
You agree that items transmitted using the Services are not subject to the funds availability requirements of the Federal Reserve Board Regulation CC. Funds deposited using the Services will be available after Firstmark receives payment for the funds deposited. Firstmark, in its sole discretion, may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with Firstmark, transaction and experience information, and such other facts as Firstmark deems relevant. Firstmark, in its sole discretion, may modify funds availability, as it deems relevant.
Rejection of Deposit
We reserve the right to reject any item transmitted through the Service, at our discretion, without liability to you. We are not liable for any service or late charges levied against you due to the rejection of any item. You are responsible for any loss or overdraft plus any applicable fees to your Account due to an item being returned.
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.
Items Returned Unpaid.
A notice will be returned to you in the event items are returned unpaid. With respect to any item that you transmit for remote deposit that is credited to your Account, in the event such item is dishonored, you authorize Firstmark to debit the amount of such item from the Account.
Controls and Audit.
You understand and agree to adhere to the Accountholder’s Warranties as described in this agreement. Furthermore you agree to comply with the audit requirements of Firstmark Credit Union.
Disposal of transmitted item
Upon receipt of a confirmation from Firstmark that we have received the image of an item, you agree to prominently mark the item as “Electronically Presented” or “VOID” and to properly dispose of the item to ensure that it is not represented for payment. You agree to retain checks, or a sufficient copy of the front and back of the items, for a period of at least 60 days and agree to promptly provide these to FIRSTMARK if requested in order to aid in the clearing and collection process, resolve claims by third parties with respect to any item, or support FIRSTMARK audits.
Any remote deposits made through the Services will be reflected on your monthly account statement. You are required to notify FIRSTMARK of any error relating to images transmitted using the Services by no later than 60 days after you receive the monthly periodic statement that includes any transaction alleged as erroneous. You are responsible for any errors that you fail to bring to our attention within such time period.
In Case of Errors
You agree to immediately notify Firstmark of any suspected errors regarding items deposited through the Services right away, and in no event no later than 60 days after the applicable Firstmark account statement is sent. Unless you notify Firstmark within 60 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against Firstmark for such alleged error.
Limitation of Liability
You understand and agree that we will not be responsible for any indirect, consequential, punitive, or special damages or damages attributable to your breach of this Disclosure and Agreement.
Charges for Use of the Services
While there are currently no fees related to the use of the Services, Firstmark, in its sole discretion, retains the right to administer a fee schedule in the future. Please refer to section 23, Change of Terms, for advance notification related to the administration of possible future fees.
You understand that Firstmark does not make any warranties on equipment, hardware, software or Internet Provider Service, or any part of them, expressed or implied, including, without limitation, any warranties of merchantability or fitness for a particular purpose and non-infringement. Firstmark is not responsible for any loss, injury or damages, whether direct, indirect, special or consequential, caused by the Internet Provider, any related software, including that of third parties or Firstmark’s 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.
Change in Terms
Firstmark reserves the right to change the terms and charges for the Services indicated in this Disclosure and Agreement by notifying you of such change in writing and may amend, modify, add to, or delete from this Disclosure and Agreement from time to time. Your continued use of the Services after receipt of notification of any change constitutes your acceptance of the change.
Termination of the Services
You may, by emailed request, terminate at any time the Services provided for in this Disclosure and Agreement. In the event of termination of the Services, you will remain liable for all transactions performed on your Account. Firstmark retains the right, at its sole discretion, to terminate Services based on misuse as outlined within this Disclosure and Agreement.
Relationship to Other Disclosures
The information in these Disclosures applies only to the Services described herein. Provisions in other disclosure documents, as may be revised from time to time, remain effective for all other aspects of the Account.
You understand and agree that this Disclosure and 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 Texas, notwithstanding any conflict-of-laws doctrines of such state or other jurisdiction to the contrary. You also agree to submit to the personal jurisdiction of the courts of the State of Texas. Venue for all legal action will be in court of competent jurisdiction in San Antonio, Bexar County, Texas.
The failure of either party to seek a redress for violation, or to insist upon the strict performance, of any covenant, agreement, provision, or condition hereof shall not constitute the waiver of the terms or of the terms of any other covenant, agreement, provision, or condition, and each party shall have all remedies provided herein with respect to any subsequent act which would have originally constituted the violation hereunder.
This Disclosure and 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.
Accountholder’s Indemnification Obligation.
You understand and agree to indemnify Firstmark and hold us harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses arising from use of the Services and/or breach of this Disclosure and Agreement. You agree to ensure your mobile device remains securely within your possession until the deposit has been completed or deleted. Firstmark is not responsible for any deposit information left on your mobile device and/or not transmitted or deleted from your mobile device. You understand
and agree that this paragraph shall survive the termination of this Agreement.
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 ACTUAL 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 FIRSTMARK CREDIT UNION HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
User warranties and indemnification.
You warrant to Firstmark that:
- You will only transmit eligible items.
- Images will meet the image quality standards.
- You will not transmit duplicate items