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CheckPoint Mobile Deposit Agreement

Revised: June 2016

Services

Mobile Check Deposit service is designed to make deposits to your PRIMARY Membership Share Savings Account or your PRIMARY Share Draft Checking Account from your mobile device capable of capturing check images and information and delivering the items to Mutual Security Credit Union (MSCU) or MSCU's designated processor. The device must:

  • Capture an image of the front and back of each check;
  • Read and capture the magnetic ink character recognition ("MICR") line on each check; and
  • Read and capture all such other data and information as is required by this Addendum or Federal Reserve regulations, for the processing of these checks for payment.

In addition, you must have a mobile device that is compatible with our system and have access to telecommunication services necessary for the Mobile Check Deposit service. Application upgrades may be required from time to time for continued use of the services.

Should you have any questions as to the eligibility and/or processing of items for deposit using Mobile Check Deposit services, please contact our Member Service Center at 1-800-761-2400, prior to submitting check(s) for deposit to your account(s). 

Definitions

As used in this Addendum and Mobile Check Deposit services, the following words have the meanings given below:

  • “Account(s)” means your eligible MSCU account that can be accessed through Mobile Banking.
  • “Mobile Deposit” refers to the act of making a check deposit by using your mobile device.
  • “Mobile Banking” means the banking services accessible from the Device you have registered with us for Mobile Banking.
  • “Substitute Check” means a paper check created from an electronic image, in accordance with the requirements of Federal Reserve Regulation CC.”
  • “Business Day” refers to any day of the week that is not a Saturday, Sunday or Credit Union holiday.
  • “You” and “Your(s),” mean each person with authorized access to your Account(s) who applies for and uses the Mobile Banking service.
  • “We,” “Us,” “MSCU” and “Credit Union” means Mutual Security Credit Union.

Agreement

Mobile Check Deposit services are provided to you by MSCU and are powered by a third party (the “Licensor”). This Mobile Check Deposit Service Addendum (this “Addendum”) is the legal agreement between you and Mutual Security Credit Union. This Addendum is part of the Mobile Banking Services Agreement (the “Agreement”) and is hereby incorporated by reference into the Agreement. In the event of inconsistency between this Addendum and the Agreement, the terms of this Addendum will apply.

The Mobile Check Deposit service is subject to terms and conditions and to the instructions and rules contained within the service and incorporated by reference herein. In the event of a conflict between the terms of the Addendum and any other agreement governing your accounts, including Mutual Security Credit Union’s Member Contract & Share Agreement and MSCU’s Funds Availability Policy; the terms of this Addendum shall control. After you login to Mobile Banking, you must read and agree to the terms and conditions for Mobile Check Deposit. You understand that you must be a member in good standing, and meet other pre-determined qualifying factors to qualify for the service.

Terms and Conditions

The terms and conditions of this Addendum govern your use of Mobile Check Deposit services via cell phone or other handheld mobile device (a "Mobile Device"). We may offer additional features and services in the future. Any added Mobile Check Deposit services and features will be governed by this Addendum and the Agreement, and by any terms and conditions provided.

Use of Services

To use the Mobile Check Deposit service, you must have a Mobile Device with an enabled camera and service plan that includes data, text messaging and Internet access with Secure Socket Layer (SSL) capability and an Online Banking service user name and password. Third party fees may apply for data, text messaging and Internet access. Contact your mobile device carrier or for additional information.

Email

You must have a valid email address on file in order to use Mutual Security Credit Union’s Mobile Check Deposit service. You must keep us informed of your current address or email address to ensure correct mailing of monthly statements and to receive email notices related to Mobile Check Deposit services. You may notify us by telephone, (800) 761-2400, to change your address or email address. You may also change your address or email address at any time within the Online Banking Service.

Periodic Statement

Each Mobile Check Deposit transaction will appear on your periodic statement with other transactions in your account and also may be seen through access to your Online Banking service. You are responsible for auditing and balancing all transactions in your account.

Accountholder’s Warranties

You agree that you will not use Mobile Check Deposit service to deposit a check that:

  • is payable to any person or entity other than an owner of the Account to which the item is to be deposited;
  • is prohibited by MSCU’s terms governing use of Mobile Check Deposit service or your accounts in violation of any law, rule or regulation;
  • you know or suspect, is a forged or fraudulent item or not otherwise authorized by the owner of the account on which the item is drawn;
  • has been previously deposited whether as an original item, substitute check or image replacement, without MSCU’s express consent;
  • is drawn on financial institutions located outside the United States;
  • Is payable in foreign currency;
  • You know or suspect to be altered or fraudulent in any way; or
  • Is dated more than six (6) months prior or that has a future date

Limits

MSCU reserves the right to impose limits on the dollar amount and/or number of items or deposits from time to time and to modify such limits at any time at our discretion without notification to you. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Addendum, and we will not be obligated to allow such a deposit in the future. The standard limits (based on account status) that we will apply when using this service are listed below:

  • The maximum per item limit is $2,000
  • The maximum per day limit is $4,000.
  • The maximum 30-day limit (last consecutive 30 calendar days) is $10,000.

Funds Availability

MSCU follows our Funds Availability Policy as to when the funds will be available for a Mobile Check Deposit that you have made. The length of time in making the funds available is counted in business days from the day of your deposit. Every day is a business day except Saturdays, Sundays, and Federal Holidays. Mobile Deposits confirmed as received before 3 PM Eastern Time on a business day will be credited to your account the same day. However, if you make a deposit after 3 PM, the deposit will be processed on the next business day we are open. An image of an item shall be deemed received at the time the system indicates a transaction is successfully completed. When we receive an image, we will confirm receipt via email to you. We shall not be deemed to have received the image for deposit until we have confirmed receipt to you. Confirmation does not mean that the image contains no errors. Confirmation does not mean that it is eligible to be processed using the service. We are not responsible for any image that we do not receive. We will notify you of rejected images. We reserve the right to reject any item, at our discretion, without liability to you.

Following receipt of such confirmation, MSCU will process the image by preparing a "substitute check" or clearing the item as an image, or through any other such means as it deems appropriate in its sole discretion. If an item is marked as "Held for Review," MSCU reserves the exclusive right to inspect the item and to refuse its transmission and/or deposit. At which time, we will make commercially reasonable attempts to inform you of such refusal and to provide you with a reason for refusal.

We are notifying you, in advance, that deposits made by the Mobile Check Deposit service do not fall under the standard provisions of Regulation CCExpedited Funds Availability Act. As such, longer holds periods may apply. You agree to receive notice of extended hold times via the e-mail address provided in your Account application.

You agree that MSCU may at any time, at its sole discretion, refuse to accept deposits of checks from you using the Mobile Check Deposit service. In the event that the Mobile Check Deposit services are interrupted or otherwise unavailable, you may, at your own option, deposit checks in-person at a MSCU Branch or ATM, or mail your deposits to Mutual Security Credit Union.

Funds deposited using the Services will be available after MSCU receives final payment for the funds submitted. MSCU may, but is not required to, make such funds available sooner based on such factors as creditworthiness, the length and extent of your relationship with us, transaction and, and other such factors as MSCU, in its sole discretion, deems relevant. MSCU reserves the exclusive right to place a hold on any item you transmit to us through Mobile Check Deposit services. You agree that you may not draw funds from mobile-deposited items until such holds are released and/or until such time that MSCU is satisfied with the collectability of the funds from the maker's account(s) and then subsequently deposited and made available to you.

Check Requirements

Each image must provide all information on the front and back of the original check at the time presented to you by the drawer, including, but not limited to, information about the drawer and the paying bank that is preprinted on the original check, MICR information, signature(s), any required identification written on the front of the original check and any indorsements applied to the back of the original check. The image quality must meet the standards established by the American National Standards Institute (ANSI), the Federal Reserve Board, and any other regulatory agency, clearing house or association.

Image Quality

Indorsements must be made on the back of the share draft or check within 1½ inches from the top edge, although we may accept indorsements outside this space. Your indorsement must include your signature and “for mobile deposit”. Any loss we incur from a delay or processing error resulting from an irregular indorsement or other markings by you will be your responsibility.

A check payable to two (2) payees must be indorsed by both payees. If the check is payable to you or your joint owner, either of you can indorse it. If the check is made payable to you and your joint owner, both of you must indorse the check.

After you receive confirmation that we have received an image, you must securely store the original check for a minimum of five (5) calendar days but no longer than 14 days after transmission to us and make the original check accessible to us at our request. Upon our request, you will deliver to us within three (3) calendar days, at your expense, the requested original check in your possession in order to aid in the clearing and collection process, to resolve claims by third parties, or for MSCU’s audit purposes. If not provided in a timely manner, such amount will be reversed from your account. Promptly after such period expires, you must destroy the original check by first prominently marking it “Electronically Presented” or “VOID” and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of an original check, the image will be the sole evidence of the original check.

You agree that you will never re-present the original check. You understand that you must complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain safeguards to protect against unauthorized deposits. You will notify us immediately by telephone, (800) 761-2400, if you learn of any loss or theft of the original check.

Items Returned Unpaid

Any credit to your account for checks deposited using Mobile Check Deposit is provisional. If original checks deposited through Mobile Check Deposit are dishonored, rejected or otherwise returned unpaid by the drawee bank, or are rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the image, you agree that an original check will not be returned to you, but that we may charge back the amount of the original check and provide you with an image of the original check, a paper reproduction of the original check or a substitute check. You will reimburse us for any and all losses, costs, damages or expenses caused by or relating to the processing of the returned item. Without our approval, you shall not attempt to deposit or otherwise negotiate an original check if it has been charged back to you. We may debit any of your accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.

Guarantee Specific to Deposits Received for Credit to a Business Account or Non-Person Account:

Your use of the Services for the purpose of depositing to a Business Account or Non-Person Account constitutes your understanding and agreement that you may be personally liable for any expenses MSCU incurs in attempting to obtain final payment for the item in question, outside of the routine costs associated with item processing, in the event of a default by the Business or non-person entity. This includes but is not limited to recovery of the amount credited in the event of non-payment, collection costs and attorney’s fees as applicable, as well as any and all costs associated with MSCU enforcing this Guarantee. This Guarantee shall benefit MSCU and its successors and assigns.

Compliance with Law

You will comply with all laws, rules, and regulations including, without limitation, Regulation CC, the Uniform Commercial Code (UCC) and any rules established applicable to digital images. You shall have the responsibility to fulfill any compliance requirement or obligation that the MSCU and/or you may have with respect to the Service under all applicable U.S. federal and state laws, regulations, rulings, including sanction laws administered by the Office of Foreign Assets Control (OFAC), and other requirements relating to anti-money laundering, including but not limited to, the federal Bank Secrecy Act (BSA), the USA PATRIOT Act and any regulations of the U.S. Treasury Department to implement such Acts, as amended from time to time.

Account Holder Warranties

You make the following warranties and representations with respect to each image:

  • Each image 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, payee(s), signature(s), and indorsement(s) on the image and on the original check are legible, genuine, and accurate.
  • You will not deposit or otherwise indorse 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.
  • There are no other duplicate images of the original check.
  • The original check was authorized by the drawer in the amount stated on the original check and to the payee(s) 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.
  • With respect to each image, you make to us all representations and warranties that we make or are deemed to make to any party pursuant to law, regulation or clearinghouse rule.
  • You agree that 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.
  • You agree to use the products and 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.
  • In addition, you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service, copy or reproduce all or any part of the technology or Service; or interfere, or attempt to interfere, with the technology or Service. We and our technology partners, retain all rights, title and interests in and to the Services, Software and Development made available to you.

WHEN YOU USE THE MOBILE CHECK DEPOSIT SERVICE, YOU PERFORM THE FUNCTION OF CONVERTING AN ORIGINAL CHECK TO A SUBSTITUTE CHECK. THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE, TO THE EXTENT PERMITTED BY LAW, FOR ALL WARRANTIES AND INDEMNIFICATIONS SET FORTH IN CHECK 21 APPLYING TO ANY RECONVERTING FINANCIAL INSTITUTION AND TRUNCATING FINANCIAL INSTITUTION, AS SUCH TERMS ARE DEFINED BY CHECK 21, INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO ONLY CONVERT AN ORIGINAL CHECK THAT ALLOWS FOR THE CREATION OF A SUBSTITUTE CHECK AND THAT THE CONVERTED CHECK CLEARLY AND ACCURATELY REPRESENTS THE INFORMATION ON THE FRONT AND BACK OF THE ORIGINAL CHECK. MUTUAL SECURITY CREDIT UNION AND ITS AGENTS SHALL HAVE NO OBLIGATION, TO SCREEN ITEMS OR SUBSTITUTE CHECKS FOR LEGAL COMPLIANCE. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD MSCU AND ITS AGENTS HARMLESS FROM AND AGAINST ALL LIABILITY, DAMAGES, AND/OR LOSSES ARISING OUT OF ANY CLAIMS, SUITS OR DEMANDS BROUGHT BY THIRD PARTIES WITH RESPECT TO ANY SUBSTITUTE CHECKS.

DISCLAIMER OF WARRANTIES: WE MAKE NO WARRANTY THAT ANY MOBILE BANKING SERVICE WILL MEET YOUR REQUIRMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN MOBILE BANKING SERVICE 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 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 ANY REMOTE BANKING SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW. YOU UNDERSTAND AND AGREE THAT THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

Mobile Check Deposit may be unavailable temporarily (with or without notice) due to system maintenance or technical difficulties, including those of Internet service providers, cellular service providers and Internet software. In the event that Mobile Check Deposit is unavailable, you may deposit original checks at a MSCU Branch or our ATMs, or mail your deposits to Mutual Security Credit Union.

Indemnification and Third Parties

You hereby indemnify MSCU and each of its third parties and their respective officers, directors, employees, members, partners, agents, insurers and attorneys (each an "Indemnified Party" and, collectively, the "Indemnified Parties") for, and hold each of the Indemnified Parties harmless from and against, all actions, causes of action, claims, damages, liabilities and expenses (including reasonable attorneys' fees) of any nature or kind (including those by third parties) arising out of, or related to, this Addendum, including all actions, causes of action, claims, damages, liabilities and expenses arising out of, related to or resulting from: (a) your (i) failure to report required changes, (ii) transmission of incorrect data to MSCU or (iii) failure to maintain compliance with the Rules, (b) (i) MSCU's provision of the Service, and/or (ii) MSCU's action or inaction in accordance with, or in reliance upon, any instructions or information received from any person MSCU reasonably believes to be you, (c) your breach of any of your representations, warranties, covenants or other agreements or responsibilities under this Addendum and/or (d) your breach or violation of any Rules; provided, however, you are not obligated to indemnify MSCU for any damages solely and proximately caused by MSCU's gross negligence or willful misconduct.

Severability

You may terminate the Services with us at any time. MSCU reserves the right to terminate the Mobile Check Deposit Services and/or your use of the service with or without cause and without prior notice to you. We may do so immediately if (a) you or any authorized user of your account breaches either of the Addendum, or any other agreements regarding your Accounts; (b) we have reason to believe that there has been or might be an unauthorized use of your Account; or (c) you or any authorized user of your Account requests that we do so.