BorderFCU Mobile Deposit Disclosure and Agreement
This Agreement contains the terms and conditions for the use of Border FCU Mobile Deposit that Border Federal Credit Union (BFCU) may provide to you. Other agreements you have entered into with BFCU, including the Membership and Account Agreements and other agreements governing your BFCU account(s), are made a part of this Agreement.
Use of Service. The Border FCU Mobile Deposit service is designed to allow you to make deposits to your account(s) at BFCU, excluding IRAs, Certificates of Deposit, Business Accounts, and loans, using a mobile device by taking a photo of your check(s) and electronically delivering the images and associated deposit information to BFCU or BFCU’s designated processor.
Acceptance of these Terms. Your use of Border FCU Mobile Deposit constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time.
Notices and Amendments. You agree that any notices required or permitted under this Agreement may be given electronically. We will notify you of any material change via e-mail, on our website or through the mobile app by providing a link to the revised Agreement. Your continued use of Border FCU Mobile Deposit will indicate your acceptance of the revised Agreement. Further, BFCU reserves the right, in its sole discretion, to change, modify, add or remove portions from BFCU Mobile Deposit. Your continued use of BFCU Mobile Deposit will indicate your acceptance of the revised Agreement.
Limitations. 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 Border FCU Mobile Deposit service, in whole or in part, immediately and at any time without prior notice to you.
Eligible Items. “Items” means personal checks, government checks, business checks, money orders, cashier’s checks or certified checks drawn on a U.S. financial institution and in U.S. funds.
Ineligible Items. You agree that you will not use Border FCU Mobile Deposit to photograph and deposit any checks or others as shown below:
a. Checks made payable to any person or entity other than the person or entity that owns the account that the check is being deposited into
b. Checks containing alteration 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 is drawn
c. Checks payable jointly, unless deposited into an account in the name of all payees
d. Check previously negotiated
e. Checks previously converted to a substitute check as defined in the Federal Reserve Regulation CC (Reg CC)
f. Checks drawn on a financial institution located outside of the United States
g. Checks not payable in U.S. currency
h. Checks that are remotely created, as defined in Reg CC
i. Checks marked non-negotiable
j. Checks dated more than 6 months prior to the date of deposit (“stale-dated”)
k. Checks that are dated in the future (“post-dated”)
l. Savings Bonds, Travelers Checks, or demand drafts
m. Checks that are drawn on your own BCU share-draft (checking) made payable to yourself or anyone else jointly on the account
n. Checks made payable to *cash*
o. Checks that are incomplete
p. Checks that are not properly endorsed, as described in this agreement
q. Checks that are in violation of any federal, or state law, rule or regulation
r. Checks or items prohibited by BFCU’s current procedures relating to BFCU Mobile Deposit or which are otherwise not acceptable under the terms of your BFCU account(s)
Image Quality. Each image must provide all information on the front and back of the original check as 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), and required identification written on the front of the original check and any endorsements applied to the back of the original check. The image quality must meet the standard 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 or the image may not be accepted. The image transmitted to us by you must be legible or the image may not be accepted.
Endorsements and Procedures. You agree to restrictively endorse any item transmitted through BFCU Mobile Deposit with the following:
FOR MOBILE DEPOSIT AT BFCU
[SIGNATURE(S)]
[BFCU ACCOUNT NUMBER]
The endorsement includes your signature, account number and the words FOR MOBILE DEPOSIT AT BFCU. A check made payable to you AND one or more payees must be endorsed by all payees and all payees must be authorized owners of the account. If the check is made payable to you OR your joint owner, either may endorse the check. BFCU reserves the right to reject any item that is not properly endorsed.
Receipt of Items. BFCU reserves the right to reject any item transmitted through the Border FCU Mobile Deposit, 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 BFCU that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete. It is your sole responsibility to verify that items deposited using Border FCU Mobile Deposit have been received and accepted for deposit by us.
Rejection of Deposit. You will receive an email notification if your deposit is not accepted. BFCU shall not be liable for any late charges or overdraft fees charged to your account due to our rejection of any item.
Availability of Funds. You agree that items transmitted using Border FCU Mobile Deposit are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. You understand that for the purpose of deposit using this service, the place of deposit is Del Rio, TX. In general, if an image of an item you transmit is received and accepted before 3:00 p.m. CST, Monday through Friday, we will consider that the day of deposit. Otherwise we will consider the deposit was made the next business day that we are open. Generally, funds aggregated under $1,000.00 will be made available in 4 BUSINESS DAYS from the day of deposit; amounts aggregated over $1,000.00 will be available after 10 BUSINESS DAYS. For determining the availability of your deposit, every day is a business day except Saturdays, Sundays, and Federal Holidays.
Item Retention and Destruction. Upon your receipt of confirmation from BFCU that your image has been received, accepted, and credited to your account, you must securely store the check(s) for thirty (30) calendar days. After 30 days you agree to destroy the check(s) that you transmitted by marking it VOID and disposing of the item(s) in a way that will prevent the item(s) from being represented for payment. From time to time we may request that you provide us the original check. You must make the original check available to us, at your expense, within ten (10) calendar days. If we do not receive the requested item within the time allotted then we reserve the right to reverse the deposit from your account.
Deposit Limits. BFCU reserves the right to impose limits on the amount(s) or number of deposits that your transmit using Border FCU Mobile Deposit and to modify such limits from time to time. In general, the aggregate amount you may deposit with mobile deposit on any single business day is $2,500.00, with a weekly maximum of $7,500.00.
Hardware and Software. In order to use Border FCU Mobile Deposit, you must obtain and maintain, at your own expense, compatible hardware and software as specified by BFCU. BFCU is not responsible for any third party software you may need to use Border FCU Mobile Deposit. Any such software is accepted by you and 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.
Errors. You agree to notify BFCU of any suspected errors regarding items deposited through Border FCU Mobile Deposit right away and in no event later than thirty (30) days after the applicable BFCU account statement is sent. Unless you notify BFCU within the timeframe previously stated, such statement regarding all deposits made through Border FCU Mobile Deposit shall be deemed correct, and you are prohibited from bringing a claim against BFCU for such alleged errors.
You may notify us at:
Border Federal Credit Union
Attn: Member Services
P.O. BOX 420728
Del Rio, TX 78842
(830) 774–2328
Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in BFCU’s sole discretion subject to the Membership and Account Agreement and other Disclosures governing your account.
Ownership and License. You agree that BFCU retains all ownership and proprietary rights in Border FCU Mobile Deposit, associated content, technology and website(s). Your use of Border FCU Mobile Deposit is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use Border FCU Mobile Deposit. Without limiting the restriction of the foregoing, you may not use Border FCU Mobile Deposit:
a. In any anti-competitive manner
b. For any purpose which would be contrary to the Credit Union’s business interest or
c. To BFCU’s actual or potential economic disadvantage in any aspect.
You may use Border FCU for personal use in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide Border FCU Mobile Deposit.
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 NOWARRANTY 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 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 BORDER FEDERAL CREDIT UNION HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
User Warranties and Indemnification. You warrant to BFCU that:
a. You will only transmit eligible items
b. Images will meet the image quality standards
c. You will not transmit duplicate items
d. You will not deposit, negotiate, represent or otherwise transfer the original item
e. All information you provide to BFCU is accurate and true
f. You will comply with this Agreement and all applicable rules, laws and regulations.
g. You agree to indemnify and hold harmless BFCU from any loss for breach of this warranty provision. This indemnity will survive termination of your account and this Agreement.
h. You agree that BFCU has the authority to terminate the Border FCU Mobile Deposit relationship at any time it deems necessary or prudent to do so.
Other Terms. You may not assign this Assignment. This Agreement shall be governed by the law of the State of Texas and of the United States. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.
