Mobile Deposit Capture User Agreement (“Agreement”)
This Agreement contains the terms and conditions for the use of One Nevada Credit Union Mobile Deposit capture services. Other agreements you have entered into with One Nevada Credit Union (ONCU) governing your ONCU account, are incorporated by reference and made a part of this Agreement.
The Mobile Deposit Capture services (“Services”) are designed to allow you to make eligible check deposits to your checking, savings, or money market savings accounts using an approved device to transmit images of your checks and associated deposit information to ONCU. Once accepted, your eligible checks will be either processed electronically or converted to substitute checks based on the information you provide. There is currently no charge for the Services.
Acceptance of these Terms
Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via e-mail or on our website(s) by providing a link to the revised Agreement. Further ONCU reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.
- "Business Day" means any day of the week that is not a Saturday, Sunday or Credit Union holiday.
- "One Nevada CU", "Credit Union", “ONCU” refers to One Nevada CU, including its agents and service providers.
- "Member Agreement" means collectively the One Nevada CU Membership Disclosure and any other account information provided to you by One Nevada CU from time to time.
- "Deposit Account" means a checking account, savings account, or money market savings account.
- "Eligible Checks" mean original paper checks payable to you and meeting the requirements of a check as defined in Federal Reserve Regulation CC and One Nevada CU’s deposit guidelines.
- "Eligible One Nevada CU Account" means the One Nevada CU checking account(s) that meet certain eligibility criteria established by One Nevada CU and that have been enrolled in the Remote Service.
- "Eligible Device" means a Remote Device or other device One Nevada CU may approve as eligible for the Remote Service in the future.
- Remote Device” means a Remote device which includes a camera or other functionality or feature capable of capturing and transmitting images.
- "Substitute Check" means a paper check created from an electronic image in accordance with the requirements of Federal Reserve Regulation CC.
- "You" and "your" refer to the member who has agreed below to the terms and conditions of this Agreement.
Limitations of Service
When using the Services, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. 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.
Hardware and Software
In order to use the Services, you must obtain and maintain, at your own expense, a Remote Device, or other hardware and software necessary for any other Eligible Device One Nevada CU may designate in the future. If One Nevada CU designates any additional Eligible Devices, such Eligible Devices will be indicated on the One Nevada CU website. One Nevada CU assumes no responsibility for defects, failures or incompatibility of any Equipment used in connection with the Service, including any third party software you may need to use the Service. Any third party software is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at the time of download and installation.
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 ONCU shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code. You agree that you will not use the Services to scan and deposit any checks or other items as shown below:
- Checks payable to others (even if endorsed over to you);
- Demand drafts or Remotely created checks (i.e. checks lacking the original signature of the person authorizing the check);
- Substitute checks (i.e. paper checks created from an electronic image);
- Checks or items containing obvious alteration to any of the fields on the front of the check or authorized by the owner of the account on which the check or item is drawn or are irregular in any way (e.g. where the numerical and written amounts are different);
- Checks that have been previously returned unpaid for any reason;
- Checks that are postdated or more than six (6) months old;
- Checks drawn on a foreign financial institution or payable in a foreign currency;
- Checks drawn on another account owned by you
- Checks you suspect may be fraudulent or not properly authorized
- Checks that exceed the maximum daily limit set forth below;
- Checks which are otherwise not acceptable under the terms of your Member Agreement.
One Nevada CU’s processing of any of the checks described above shall not obligate it to continue that practice and it may stop doing so without cause or prior notice. Additionally, One Nevada CU may refuse any check for deposit, with or without cause.
Hours of Operation; Processing Cut-off Hour; Location where your deposits are considered made
The Service can be utilized by you 24 hours a day, seven days a week, except when the Service is unavailable due to needed maintenance or system outages. The Credit Union is not responsible for the unavailability of the Remote Service or any damages that may result from its unavailability.
Images of Eligible Checks and associated deposit information received for processing by the Credit Union before 7:30 pm Eastern Time on a business day will be processed on that business day. Images of Eligible Checks and associated deposit information received for processing by the Credit Union after 7:30 pm Eastern Time on a business day or on a Saturday, Sunday, or Credit Union holiday will be processed on the next business day.
Confirmation of Receipt of Check Images
You will receive an electronic confirmation of receipt of the image of your Eligible Check upon the successful transmission of that image to the Credit Union. Receipt of the image of your Eligible Check is not deemed to have occurred until after the Credit Union has provided electronic notification of such receipt.
We reserve the right to reject any item transmitted through the Service, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from ONCU that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
Availability of Funds
Funds from deposits via the Remote Service are generally available to you on the same Business Day your deposit is received. In some cases, the Credit Union may not make funds from these deposits available in accordance with this general policy. Should this occur, a notice will be sent to you by the next Business Day as to when your funds will be made available to you. Depending on the type of check that you deposit, funds will be made available to you no later than the 4th Business Day after the Business Day your deposit is received. In addition, the first $200 of your deposit will be made available on the Business Day your deposit is received.
The Credit Union’s funds availability exception policies, as fully set forth in your Member Agreement, also apply to deposits made via the Remote Service. Please refer to your Member Agreement for an explanation of those exception policies. In the event the Credit Union receives a check image for deposit where it has reason to doubt the collectability of that deposit, the Credit Union may delay the availability of that deposit for a reasonable period of time until the item is either paid or returned. In such cases, the Credit Union will notify you of this action
The following deposit limit applies to the deposits to your Eligible One Nevada CU Accounts through the Service:
- $2,500 item limit
- 10 Items per day
You understand that you will not make deposits through the Service in excess of this limit. The Credit Union may refuse to accept and process any deposits that exceed this dollar limit. In addition, the Credit Union reserves the right to change these limits or impose additional limits in its sole discretion from time to time.
The image of an item transmitted to ONCU using the Service must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.
Check Endorsement Requirements
Prior to scanning any check through the Service, you agree to restrictively endorse the original check “For Deposit Only, One Nevada CU, account#_______” or as otherwise instructed by One Nevada CU. You agree to follow all other instructions provided to you by the Credit Union for capturing and transmitting check images and associated deposit information via the Service.
Storage and Destruction of Original Checks
Upon your receipt of a confirmation from ONCU that we have received the image of an item, you agree to prominently mark the item as “Electronically Presented” or “VOID” or properly dispose of the item to ensure that it is not represented for payment. And, you agree never to represent the item. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to ONCU as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for ONCU’s audit purposes.
You agree to notify ONCU of any suspected errors regarding items deposited through the Services right away, and in no event later than 60 days after the applicable ONCU account statement is sent. Unless you notify ONCU 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 ONCU for such alleged error.
The manner in which the items are cleared, presented for payment, and collected shall be in ONCU’s sole discretion subject to the depository Agreement and Disclosures governing your account.
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 or 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 your or any third party arising from or related to the use of, inability to use, or the termination of the use of this service, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), even if ONCU has been informed of the possibility thereof.
User Warranties and Indemnification
You represent and warrant the following with respect to each image of a check that you transmit through the Service:
- You will only transmit eligible items.
- Images will meet the image quality standards.
- You will not transmit duplicate items.
- You will not deposit or represent the original item.
- All information you provide to ONCU is accurate and true.
- You will comply with this Agreement and all applicable rules, laws and regulations.
You agree to indemnify and hold harmless ONCU from any loss for breach of this warranty provision.
Returned Items and Right of Chargeback
If any image of a check you deposit is dishonored or otherwise returned unpaid by the institution upon which it is drawn, you understand that the Credit Union will return the check to you in the form of a substitute check. If you decide to redeposit the returned check, you may only redeposit the substitute check by taking that check to a One Nevada CU branch. You may not deposit the original check. Your account will be charged back the amount of the check in addition to any applicable fees in accordance with the terms of your Member Agreement.
Termination or Suspension of Remote Service
The Credit Union may terminate or suspend your use of the Service at any time. The Credit Union may terminate or suspend the Service without prior notice if the Credit Union, in its sole judgment, believes there has been a breach in the security of the Service, there has been unauthorized activity involving your account, you have engaged in activity that violates the terms of this Agreement, or there has been account activity resulting in an overdraft in any of your deposit accounts with the Credit Union. Should your use of the Remote Service be suspended, the Credit Union may, in its discretion, reconsider your account for eligibility to use the Service no sooner than six months after the suspension date.
You agree that the Credit Union may change the terms and conditions of this Agreement as required by law or Credit Union policy. Unless otherwise required by law, the Credit Union may amend this Agreement without prior notice to you. If the Credit Union chooses to notify you of an amendment or is required to do so by law, the Credit Union may ask you to agree to an amended version of this Agreement electronically, or by mailing or delivering a separate notice, statement message, or electronic message to you at the last address on file for you.
This Agreement shall be governed by federal laws and regulations. To the extent such laws and regulations do not apply, this Agreement is governed by the laws of the state of Nevada.
Electronic Consent and Acceptance of Terms and Conditions
In order to enroll in the Remote Service, you consent to receive and accept the terms and conditions of this Agreement, and any amendments to it, electronically. In the event any change to this agreement requires prior notice to you, the Credit Union will notify you by e-mail, at the e-mail address you have provided for such notices, of the new or different terms and conditions or it will provide you with a link within such e-mail where you may view the new or different terms and conditions on a web site. In the future, if the Credit Union chooses to provide you with such notices for deposits via the Service only by e-mail and not by mail, we will notify you by e-mail. You understand and agree that the Credit Union reserves the right to provide any notices regarding the use of the Service to you in printed form.
Consent and Agreement.
By agreeing to these terms, you agree: 1) that you have equipment that satisfies the above requirements; 2) to receive information about the Service, including this Agreement, any amendments to it or any notices regarding the use of the Service, electronically; and 3) that you have received an electronic version of this Agreement and agree to be bound by the terms and conditions contained therein. Because enrollment in the Service can only occur electronically, you understand that you cannot enroll in the Service unless you agree. The Credit Union reserves the right to provide information and notices about the Service to you by non-electronic means.