Terms & Conditions Applicable to Remote Deposit
1. Service and Service Terms. The following terms and conditions apply to Northrop Grumman Federal Credit Union REMOTE CHECK DEPOSIT CAPTURE SERVICE (Service) that Northrop Grumman Federal Credit Union may provide to Member. Member accepts and agrees that the Service or any portion of the Service may be provided by one or more subcontractors. The provisions of Northrop Grumman Federal Credit Union’s "Terms and Conditions of Your Account" agreement and applicable service terms are incorporated into this Agreement by reference. In case of any conflict between this Agreement and your other agreements with Institution, specific provisions regarding remote check deposit capture services in this Agreement control over general provisions.
In this Agreement, "Institution", "Credit Union", and "we/us/our" refer to Institution, including our agents and service providers, and "You/your" refer to the Member accepting this Agreement.
Services:
The Institution’s remote check deposit capture services ("Services") are designed to allow you to make Eligible Item deposits to your Institution checking, savings, or money market savings accounts using an Eligible Device (as defined below) to transmit item images and deposit information to us. Once accepted, your Eligible Items will be either processed electronically or converted to Substitute Checks based on the information you provide. There is currently no charge for the Services. We reserve the right to impose charges for the Services in the future. Top
2. Overview and definitions. This Agreement states the terms and conditions by which Northrop Grumman Federal Credit Union will deliver to Member, the Service, as described below.
2.1 "Member" means a person that has a membership with Northrop Grumman Federal Credit Union.
2.2 "Member Agreement" means collectively the Institution Membership Disclosure and any other account information provided to you by us from time to time.
2.3 "Business Day" means any day which Northrop Grumman Federal Credit Union is open to conduct substantially all of its services, but does not include Saturday, Sunday or Northrop Grumman Federal Credit Union holidays.
2.4. "Deposit Account" means your Institution checking account, savings account, or money market savings account.
2.5. "Eligible Account" means any Institution Deposit Account that meets our eligibility criteria and has been enrolled in the Services.
2.6 "Eligible Device" means any device acceptable to Credit Union, which provides for the capture of images from original items and for transmission through a clearing process. This includes scanners and mobile devices with cameras.
2.7 "Eligible Item" means a check, a paper item, or an electronic item (i.e. an electronic image of an item together with information describing that item) that is payable to you, and is within the meaning of a "check" as defined in Federal Reserve Regulation CC and Institution’s deposit guidelines. Acceptable items include personal checks, government checks, business checks, money orders, traveler’s checks and cashiers or certified checks drawn on a US financial institution and in US funds. It is understood that Member will only be transmitting electronic images of the front and back of items. In order for an item to be processed for deposit, it must be properly endorsed in the proper location on the back of the item and signed by the payee.
The following are not Eligible Items:
1) Checks/items payable to others (even if endorsed over to you);
2) Demand drafts or remotely created checks/items (checks lacking the original signature of the person authorizing the check);
3) Substitute checks/items (paper checks/items created from an electronic image);
4) Checks/items in which any fields on the front side contain obvious alteration(s), anything not authorized by the owner of the account on which the check/item is drawn, or any irregularity of any kind (for example, numerical and written amounts are different);
5) Checks/items previously returned unpaid for any reason;
6) Checks/items that are postdated or more than six (6) months old;
7) Checks/items drawn on a foreign financial institution or payable in a foreign currency;
8) Checks/items drawn on another account owned by you;
9) Checks/items you suspect may be fraudulent or not properly authorized;
10) Checks/items exceeding the Deposit Limits set forth below;
11) Checks/items not acceptable under the terms of your Membership Agreement.
2.8. "Item" has the same meaning as that term is defined in Article 4 of the Uniform Commercial Code. Any check image transmitted through the Services shall be deemed to be an "item" within that UCC definition.
2.9. "Substitute Check" means a paper check or item created from an electronic image in accordance with Federal Reserve Regulation CC.
2.10 "Service" means the specific Remote Check Deposit Capture Service provided by Credit Union. The Service shall be provided for items received with a consumer or business purpose being deposited into an account at Northrop Grumman Federal Credit Union.
2.11 "Service Start Date" means the date that the Service is first utilized by the Member.
2.12 "Technology" means Credit Union’s or its subcontractor’s deposit capture applications and processes designed to facilitate the electronic clearing of Items. Said applications are accessed through scanners or mobile devices with cameras, utilizing software and hardware provided by or acceptable to Credit Union, and are proprietary access points to payment processing networks and systems used to complete the clearing of items. Technology may include but is not limited to Member service support, reports, software, software tools, user interface designs, and documentation, and any derivatives, improvements, enhancements or extensions thereof developed or provided by Northrop Grumman Federal Credit Union or its subcontractors and used in the provision of Services hereunder.
2.13 "Access Systems" means all services, hardware, software and other technology (including high speed Internet access service) necessary to access the Service.
2.14 "Subcontractors" means any third party service provider of the Service.
2.15 "Term" shall mean the term of this Agreement beginning as of the Service Start Date until terminated as provided herein. Top
3. Member Obligations; Suspension of Service.
3.1 Hardware, Software and System Requirements. In order to utilize the Service, Member must have the following hardware and software with the indicated specifications:
3.2 Member Responsibilities. To access your account(s) with the Credit Union, Member must have an eligible checking account with the Credit Union, and have an established high speed Internet email address. When using the Service, Member shall provide, at Member’s sole cost and expense, all Access Systems and Member shall be solely responsible for installing, maintaining, securing and supporting all such Access Systems. The Member is responsible for providing a valid Internet email address.
The Northrop Grumman Federal Credit Union is not responsible for any error or failures from any malfunction of any Access Systems, and the Northrop Grumman Federal Credit Union is not responsible for any computer virus or related problems that may be associated with the access to or use of the Service. Northrop Grumman Federal Credit Union does not guarantee that the Service will be compatible with all computer systems, scanners, mobile devices, and Internet browsers, routers or firewalls. Further, Northrop Grumman Federal Credit Union does not and cannot control the flow of data to or from Credit Union’s network, its service provider’s networks or other portions of the Internet. Accordingly, Northrop Grumman Federal Credit Union cannot guarantee that Member’s connection to the Internet will not be impaired or disrupted, and Northrop Grumman Federal Credit Union hereby disclaims any and all liability resulting from or related to such events.
3.3 Withdrawal of Access/Suspension of Service. Northrop Grumman Federal Credit Union reserves the right to deny, suspend or revoke access to the Service immediately, in whole or in part, at its sole discretion, without notice if Northrop Grumman Federal Credit Union believes Member is in breach of this Agreement or otherwise using or accessing the Service in a manner inconsistent with the terms and conditions hereof. Further, Northrop Grumman Federal Credit Union or its subcontractor shall have the right to suspend the Service immediately in the event of an emergency.
3.4 Handling of Transmitted Items. Member shall be responsible for safekeeping and destruction of original items which are scanned, transmitted electronically and deposited using the Service and indemnifies and holds Northrop Grumman Federal Credit Union harmless from any liability with respect to (i) the safekeeping, use or destruction of the original items after they are scanned, transmitted and deposited electronically using the Service, or (ii) for any Items being submitted for deposit or presented for payment more than once. There are no laws or regulations that state how long original items should be retained prior to destruction, therefore, retention timeframes are set at the Member’s discretion.
3.5 Account Statement Examination. Unless Member notifies Northrop Grumman Federal Credit Union of any errors to deposits made through the Service within 60 days after the applicable account statement is mailed or otherwise provided to Member, such statement regarding all deposits made through the Service shall be deemed to be correct.
3.6 Processing of Items. Images of items transmitted by Member are not considered received by Northrop Grumman Federal Credit Union until Member has received an electronic confirmation of the receipt of the deposit from Credit Union. However, receipt of the confirmation from Northrop Grumman Federal Credit Union does not mean that the transmission was error free or complete. Items transmitted by the Member and received by Northrop Grumman Federal Credit Union or its subcontractors by 3:00 p.m. Pacific Time Monday through Friday, shall be credited to the Member’s applicable account on the same Business Day. Items received by Northrop Grumman Federal Credit Union after 3:00 p.m. Pacific Time on any Business Day shall be credited to the Member’s applicable account on the next successive Business Day.
3.7 Image Quality. Each image transmitted to us using the Services must be legible. In addition, image quality must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve, and other regulatory agencies, clearing houses or associations, as applicable.
3.8 Endorsement Requirement. Prior to imaging any item through the Services, you are to endorse the back of the original item, using black ink, "Deposit only to account #_________".
3.9 Funds Availability. Deposited funds will be available in accordance with the Funds Availability Policy disclosure. Any crediting of the Member’s account for items deposited via this Service is provisional, subject to verification and final settlement. Any dishonored items will be returned as an image of the original or as a substitute check. Any dishonored item is subject to a fee according to the Northrop Grumman Federal Credit Union Fee Schedule at the time of the return.
3.10 Deposit Limits. There is a deposit limit of $20,000 per day, per account.
3.11 Fees: Please refer to Northrop Grumman Federal Credit Union Fee Schedule.
3.12 You agree, warrant and represent that you will:
• Ensure that all information you provide Institution is accurate and true.
• Use only Eligible Devices to access the Services.
• Endorse all items for the Services as instructed above.
• Follow all other instructions we provide you for capturing and transmitting item images and deposit information via the Services.
• Use the Services only for Eligible Items as defined above and that meet our image quality standards.
• Comply with this Agreement and all your Credit Union agreements, as well as all applicable rules, laws and regulations.
• Indemnify Institution against and hold us harmless from any loss arising from your breach of any part of this Agreement.
3.13 You agree that you will not:
• Transmit duplicate items, or transmit any individual item or its image more than once.
• Make deposits in excess of the Deposit Limits stated in this Agreement for the Services.
• Re-deposit or re-present any item or image previously transmitted through the Services.
• Transmit any checks, items or images that are not Eligible Items or related deposit information.
3.14 You agree that we will:
• Have the unrestricted right to reject, return, or refuse to process any item or image that is not an Eligible Item, without liability to you.
3.15 You agree that we will not:
• Have any obligation to process any non-Eligible Item even if we did so on a previous occasion.
• Be responsible for items we do not receive or for images dropped during transmission.
• Be responsible for any technical or other difficulties that you may experience when using the Services, or any damages that might arise therefrom.
• Be responsible for unavailability of the Services or any damages that might arise from unavailability. Top
4. Warranties and Disclaimers
4.1 Member shall not use the Service in any way that could potentially harm Credit Union’s network or sites, or the network or sites of its third party service providers. Member shall not nor shall they permit or assist others to abuse or fraudulently use the Service. Member shall not use the Service in any way that: (i) transmits any item or other materials via the Service that is deceptive or fraudulent; (ii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing banking and criminal activity); (iii) transmits or distributes any viruses, worms, time bombs, Trojan horses, or other destructive software of devices; (iv) attempts to break or circumvent security, or in fact, breaks or circumvents security of any computer network of Credit Union, its subcontractors or service providers.
4.2 Disclaimer. Northrop Grumman Federal Credit Union warrants that the Service shall be performed in a work person like and professional manner consistent with banking industry standards. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, AND Northrop Grumman Federal Credit Union HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Top
5. LIMITATION OF LIABILITY
5.1 LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE Northrop Grumman Federal Credit Union NOR ANY OF ITS SUBCONTRACTORS OR SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY ARISING OUT OF YOUR USE OF THE SERVICE, WHETHER CAUSED BY THE CREDIT UNION, ITS SUBCONTRACTORS OR SERVICE PROVIDERS, AS WELL AS MEMBER’S USE OF THE SERVICE, EQUIPMENT, SCANNERS, OR SOFTWARE PROVIDED UNDER THIS AGREEMENT. IN NO EVENT SHALL THE Northrop Grumman Federal Credit Union OR ANY OF ITS SUBCONTACTORS OR SERVICE PROVIDERS BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF THE SERVICE, EQUIPMENT OR SOFTWARE USED BY THE MEMBER OR Northrop Grumman Federal Credit Union IN CONNECTION WITH OPERATION OF THE SERVICE, EQUIPMENT, SCANNERS OR SOFTWARE. Top
6. Termination.
6.1 Termination. Northrop Grumman Federal Credit Union may immediately terminate the Service or any portion of the Service if Northrop Grumman Federal Credit Union determines that such Service or portion of any Service is in violation of any law or regulation, or in its sole discretion and with notice, decides to cease providing this Service. Except in the event of emergency or to safeguard Credit Union’s accounts, networks or systems, Northrop Grumman Federal Credit Union shall give written notice of such termination or access limitation, which may be given by Internet secure message, or sent to you at the address shown on our records, or sent to you by electronic mail message (email). Member may terminate the Service with notice to Northrop Grumman Federal Credit Union in person, by phone, written notification through postal mail or by electronic mail message (email). No minimum time is required by the member for notification to Credit Union. Top
7. Miscellaneous Provisions.
7.1 Notices. Member agrees that any notices required or permitted under this Agreement may be given electronically.
7.2 Governing Law. This Agreement will be governed by and interpreted in accordance with federal laws and regulations, and to the extent there is no applicable federal law or regulation, by the State of California.
7.3 Subcontractors. Northrop Grumman Federal Credit Union may use third party service providers to provide some or all of the Service under this Agreement on behalf of Credit Union.
7.4 Amendments. Unless applicable law provides otherwise, this Agreement may be amended by notice sent electronically or by mail to Member at Member’s last address known to Northrop Grumman Federal Credit Union to be effective not less than thirty (30) days after the day transmitted or mailed. Northrop Grumman Federal Credit Union shall not be bound by any modification of this Agreement unless Northrop Grumman Federal Credit Union expressly agrees to the modification in writing. Member shall have the right to terminate the Agreement prior to the effective date of the amendment. By choosing to continue using the Service, Member will accept the amendments. This Agreement supersedes all prior agreements and amendments.
7.5 Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all existing agreements and all other related communications, written or oral. Top
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