Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Bank retains the ability to either approve or deny your use of Personal Mobile RDC Services in Bank’s sole and absolute discretion. (iv) you are in default of any terms of this Agreement where such default gives us the right to terminate, immediately or otherwise, or C. Bank will provide Documentation as well as training materials and support reasonably required for Customer’s use of Your Ability To Withdraw Funds. warranties provided by Customer pursuant to this Agreement and the use of the Personal Mobile RDC Services, and shall not If you make deposit via Personal Mobile RDC Services by the cut-off time of 5:00 you by us for use with the Personal Mobile RDC Services. as allowed under this Agreement and the Documentation. at the time of the creation of the Substitute Checks, were, in your possession. This Merchant Remote Deposit Capture Services Agreement ("Agreement") is entered into between Nizari Progressive Federal Credit Union (“we,” “us,” “our,” and “Credit Union”) and _____ (“you,” “your,” and "Member"), and forms part of the Membership and Account Agreement between Member and Credit Union. this Agreement and in any Documentation. provided to you under this Agreement. (b) "CTA" means the Check Clearing for the 21st Century Act, which became effective October 28, 2004. Hardware and Software Check. (h) "Processing Software" means the software for any mobile device hosted by the Bank that administers the Personal Mobile RDC important: to enroll in our remote deposit capture services (the “services”) you must consent to receive notices and information about the services electronically. Furthermore, such liability shall be further reduced by the amount of any including a paper printout of an electronic image of the Original Check, a photocopy of the Original Check, or a Substitute Check. Other Terms This Agreement (including the Documentation) together with the Deposit Agreement, Mobile App Agreement and other applicable agreement between Customer and Bank is the complete and exclusive statement of the agreement between Bank and Customer with respect to the subject matter hereof and supersedes any prior agreement(s) between Bank and Customer with respect to such subject matter. Retention of Transmitted Items (g) "Original Check" means the first paper check issued to or endorsed in your favor with respect to a particular payment transaction. Business and Commerce Code. Images that are complete, usable, and adhere to the Standards. p.m. CST on a day that is not a Business Day, we will consider such deposit made on the next Business Day we are open. be deposited by the Customer with Bank (unless Bank instructs the you to do so) or under any circumstance with endobj that Bank is responsible for any act or omission of Customer or any other person described in Section 11. • Checks or other items containing apparent alteration to any of the information on the front of the check or item, or which you know or Mobile Banking. damages incurred as a result of the negligence or bad faith of the Customer. If you will need the funds from a deposit via Personal Mobile RDC, you should contact us to inquire given to such term in Article 3 or Article 4 of the Uniform Commercial Code (as amended from time to time ("UCC")) effective in Texas If any Electronic Image is not complete, is not usable, or does not J. If Personal Mobile RCD Services are terminated by us, we may accelerate all amounts due and Our policy other limitations on your Personal Mobile RDC Services that Bank may impose in the Funds Availability section of this Agreement. You may not change any of the terms and condition, including any terms and conditions governing fees, without our prior written approval. In any of these Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Electronic Images. YOU MUST HAVE THE ABILITY TO RECEIVE AND RETAIN ELECTRONIC COMMUNICATIONS BEFORE YOU ACCEPT THE TERMS OF THIS AGREEMENT. • Checks or items that are Remotely Created Checks (as defined in Reg. reasonable attorney fees and other expenses of presentation) related to the Substitute Check reduced by any amount that any other bank or financial institution. Bank reserves the right to terminate this Agreement immediately upon providing written notice to you of such termination. Should a Drawee Financial Institution return an item to us unpaid, we will charge your respective account for such returned item and B. suspect (or should know or suspect) are fraudulent or otherwise not authorized by the owner of the account on which the check or item 4 0 obj You agree that you will submit to us for deposit to your account only Electronic Images that are Sufficient Image Copies of Original You understand that failure to comply with such mobile We are not responsible for any third-party software you may need to use the Services. the designated accounts, in addition to cooperating with Bank in any investigation and resolving any unsuccessful or lost endobj may either (i) return the item to you, or (ii) re-present it to the Drawee Financial Institution before returning it to you. CIRCUMSTANCES. Procedures, Bank shall use reasonable efforts to act on a request by you for cancellation of a deposit prior to transmitting it to the Upon your receipt of a confirmation from us that we have received the image of an item, you agree to prominently mark the item “Electronically Deposited” and to securely store the item so that it is not represented for payment and you agree never to represent the item. In the event of any unforeseen issues or failure of this product for deposits, your deposits can be made in person at any Bank branch or You should be able to retrieve and produce for us the Original Check in question within seventy-two (72) This Personal Account Remote Deposit Capture Service Agreement For City Bank Remote Deposit Capture Mobile App (the "Agreement") is made as of the date you first elect to use the City Bank Personal Remote Deposit Capture Services ("Personal Mobile RDC Services") to supplement the deposit account agreement(s) (the "Deposit Agreement"), the mobile app general terms and … failure or delay is caused by legal constraint, interruption of transmission of communication facilities, equipment failure, war, %���� Bank may reject any Personal Mobile RDC deposit which does not comply with the requirements in this Agreement. A. Electronic Images or Substitute Checks retained on any processing equipment, processing software, or any other processing equipment Furthermore, you understand and acknowledge that if you do not implement and follow your own commercially reasonable hardware, transmissions. 3. MICR line of the Original Check at the time that the Original Check was issued and any additional information that was encoded on the Such Electronic Images shall be deemed received by us for deposit based upon time of receipt as well as successful receipt of Electronic for all Sufficient Image Copies transmitted by you and received by Bank in accordance with the requirements of this Service and agent. Also, you understand that in certain instances we may request from time to time the Original Check to respond to claims made by protection, firewalls and anti-virus software, is your sole responsibility, and that you are solely responsible for securing, encrypting, prior to the effective date of termination. Bank shall be responsible only for performing the services expressly Bank shall have no liability to you by reason of the rejection of any such Personal until the second Business Day after the day of your deposit. We are not responsible for items we do not receive or for images that are dropped during transmission. In such event, We may change the fees for use of the Services at any time pursuant to the section titled “Changes in Terms/Fees” below. Once such data owned by you is delivered by Bank to you, retrieved suitable for automated processing in the same manner as the Original Check. You understand, acknowledge and agree that installation, maintenance and operation of your mobile by a person that is not a bank, the first bank that transfers, presents, or returns that Substitute Check or, in lieu thereof, the first paper or We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. Original Check and shall indemnify us in accordance with the terms of the Bank indemnity provisions set forth in this Agreement. You understand we will process only your Electronic Images that comply with the Standards and are Sufficient Image Copies, At Bank’s User Warranties and Indemnification of up to five (5) years. You agree to the security procedures ("Security Procedures") used by the Bank in connection with the Personal Mobile RDC Services. For avoidance of doubt, you understand, acknowledge and agree that all data provided by you to Bank (including, but not limited to, AND CONTROL YOU WOULD USE FOR CASH, BUT IN NO EVENT LESS THAN REASONABLE SECURITY AND CONTROL IN THE No Electronic Image submitted by you to us represents an Original Check that for the detection of errors. when such funds will be available. Unless you notify us within sixty (60) days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against us for such alleged error. Lubbock, TX 79407. (e) "Electronic Deposit" means a file that contains information regarding each Electronic Image(s) to be submitted by you to Bank that administered by OFAC and the Bank Secrecy Act. If the Electronic Ownership & License Presentment C. The Customer’s applicable account will be charged for any deposited check that is later returned to Bank owing to an actual when the funds will be available. F. Customer will verify Bank’s receipt of its Personal Mobile RDC deposits by reviewing deposits that have been posted to You understand and acknowledge that we are relying on the truth and veracity of all Electronic Images submitted for deposit via provided for in this Agreement, and shall be liable only for its gross negligence or willful misconduct in performing those Limitations of Service You agree that items transmitted using the Services are subject to the funds availability requirements of Federal Reserve Board Regulation CC. Your continued use of the Services constitutes your acceptance of the terms and conditions contained in this Agreement. to change any or all of the Security Procedures offered and/or used at any time by giving oral or written notice to you. Each Electronic Image (or related electronic data file) contains a record of all MICR line information required for Customer will maintain at least one or more checking accounts at Bank eligible for the receipt of Personal Mobile RDC In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by us from time to time. The manner in which the items are cleared, presented for payment, and collected shall be in our sole discretion subject to any other terms and conditions governing your account. an Original Check or Electronic Image that Bank or the other person has already paid. 2. RDC Services activity for a reasonable period of time, but in no event fewer than fourteen (14) Business Days from the date of deposit Mobile RDC Terms & Conditions or such longer time as we may request from time to time with respect to any specific Original Check. oral notification. If you have met, in our sole discretion, the conditions we have established for use of Personal Mobile RDC Services to make deposits via In the performance of this Agreement, Bank shall be entitled to rely solely on the information, representations, and or in the Documentation use a term not defined herein but otherwise defined in Reg. services agreement, and other agreements between you and Bank, continue to apply notwithstanding anything to the contrary in this The automated processing of the large volume of checks we receive prevents us from inspecting or looking for special instruction, other restrictive endorsements or restrictive legends on every check.

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