Remote Deposit Capture User Agreement

This Remote Deposit Capture User Agreement (the “Agreement”) governs the terms and conditions for your use of the remote deposit capture services that Federated Employees Credit Union (“FECU,” “Credit Union,” “us,” or “we”) may provide to you (“you,” or “User”).  Other agreements you have entered into with FECU, including but not limited to the Membership Booklet governing your FECU account, are incorporated herein by reference and made a part of this Agreement. We may offer additional services and features related to remote deposit capture services in the future. Any such added services and features will be governed by this Agreement and by any terms and conditions provided to you at the time the new service or feature is added and/or at the time of enrollment for the feature or service, if applicable.

  1. Services. The remote deposit capture services (“Services”) are designed to allow you to make deposits to your checking accounts from home or other remote locations by scanning checks and delivering the images and associated deposit information to FECU or FECU’s designated processor. There is currently no charge for the Services, but FECU reserves the right to change that at any time with thirty (30) days prior notification to you.
  2. 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.  Such amendments shall be effective when they are communicated to you in any way, including posted on the Internet, e-mailed to you, or mailed to you via U.S. mail. Your continued use of the Services will indicate your acceptance of all revised or amended versions of this Agreement. Further, FECU 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.  
  3. Compliance with Laws.  You agree to comply with all laws, statutes, regulations and ordinances pertaining to your use of the Services, as well as all laws relating to the banking transactions contemplated hereunder.  You agree to indemnify FECU and hold us harmless from any damages, liabilities, costs, expenses, including attorney fees, or other harm arising out of any violation thereof. This indemnity shall survive termination of your account with us and termination of this Agreement.
  4. Limitations of Service. When using the Services, you may experience technical or other difficulties, including those of the Internet service provider and Internet software. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. 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.
  5. Eligible items. 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 FECU shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in Minnesota. You agree that you will not use the Services to scan and deposit any checks or other items as shown below:
    1. Checks or items payable to any person or entity other than you.
    2. Checks or items drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are an authorized signer or joint account holder.
    3. Checks or items containing obvious alteration to any of the fields 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 or item is drawn.
    4. Checks or items previously converted to a substitute check, as defined in Reg CC.
    5. Checks or items drawn on a financial institution located outside the United States.
    6. Checks or items that are remotely created checks, as defined in Reg CC.
    7. Checks or items not payable in United States currency.
    8. Checks or items dated more than 6 months prior to the date of deposit or post-dated.
    9. Checks or items that are incomplete.
    10. Checks or items prohibited by FECU’s current procedures relating to the Services or which are otherwise not acceptable
  6. Image Quality. The image of an item transmitted to FECU using the Services 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.
  7. Endorsements and Procedures. You agree to restrictively endorse any item transmitted through the Services as “For deposit only, FECU account #______” or as otherwise instructed by FECU. You agree to follow any and all other procedures and instructions for use of the Services as FECU may establish from time to time.
  8. Receipt of Items. We reserve the right to reject any item transmitted through the Services, 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 FECU that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or that an item will be considered a deposit and credited to your account. FECU further reserves the right to charge back to your account, at any time, any item that we subsequently determine is not an eligible item.  You agree that FECU is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.
  9. Availability of Funds. You agree that items transmitted using the Services are subject to the funds availability requirements of Federal Reserve Board Regulation CC. Funds deposited using the Services will be available after FECU receives payment for the funds submitted. FECU may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors that FECU, in its sole discretion, deems relevant.
  10. Disposal of Transmitted Items. Upon your receipt of a confirmation from FECU that we have received the image of an item, you agree to prominently mark the item as “Electronically Presented” or “VOID” and to retain the check or item for at least sixty (60) days from the date of the image transmission to FECU.  After sixty (60) days, you agree to properly dispose of the item to ensure that it is not re-presented for payment.  Further, you agree never to re-present the item.  You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to FECU as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for FECU’s audit purposes.
  11. Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Services and to modify such limits from time to time. In the event there are limits on deposits, if you attempt to initiate a deposit in excess of any limits FECU may set, we may reject your deposit.  If we permit you to make a deposit in excess of any set limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit in excess of any limits at any other time. The current deposit limits are $5000 per check per day and maximum $20,000 per month.
  12. Business Day and Availability Disclosure. You understand the Services are available Monday through Friday between 7:00 a.m. to 4:30 p.m., Central Time (“Business Hours”).  The Services will not be available during holidays, any other day we are not open for business, or such other closed or non-business hours as established by us from time to time. Transmissions processed after these Business Hours, or on any other day that is not a business day are treated as occurring on the next business day that FECU is open.
  13. Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by FECU from time to time. See www.fedecu.com for current hardware and software specifications. FECU is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.
  14. Errors. By using the Services, you accept the risk that an item may be intercepted or misdirected during transmission.  FECU accepts no responsibility or liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.  You agree to immediately notify FECU of any suspected errors regarding items deposited through the Services, and in no event later than sixty (60) days after you receive the applicable FECU account statement.  Unless you notify FECU of any suspected errors, the Services shall be deemed correct, and you are prohibited from bringing a claim against FECU for such alleged error.
  15. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in FECU’s sole discretion and subject to the Membership Booklet and any other agreements governing your account.
  16. Ownership & License. You agree that FECU retains all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services 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 the Services. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to FECU’s business interest, or (iii) to FECU’s actual or potential economic disadvantage in any aspect. You may use the Services only for non-business, 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 the Services.
  17. 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 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.
  18. 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 FECU HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
  19. User warranties and indemnification. You make the following warranties and representations to FECU with respect to each image of an original check you transmit to us utilizing the Services:
    1. Each image of a check transmitted to us 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.
    2. The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
    3. You will not deposit or otherwise endorse 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.
    4. Other than the digital image of an original check that you remotely deposit through your Services, there are no other duplicate images of the original check.
    5. You have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.
    6. 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.
    7. You have not knowingly failed to communicate any material information to us and will provide us all reasonable assistance with any questions related to your deposits.
    8. You have possession of each original check deposited using the Services and no party will submit the original check for payment.
    9. Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on your network, data, or related systems.

You agree to indemnify and hold harmless FECU from any loss for breach of this warranty provision.

  1. Cooperation with Investigations.  You agree to cooperate with FECU in the investigation of unusual transactions, poor quality transmissions, resolutions of customer claims, which may include providing, upon request and without further costs, any originals or copies of items deposited through the Services in your possession and your records relating to such items and transmissions.
  2. Enforceability.  We may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement.  Any such waiver shall not affect FECU’s rights with respect to any other transaction or serve to modify the terms of this Agreement. 
  3. Member Eligibility.  You understand that you must be a Credit Union member in good standing to be eligible to use the Services. 
  4. Email Address.  You agree to notify us immediately if you change your email address, as the email address on file with FECU is where we will send you notification of receipt of your remote deposit items. 
  5. Termination of the Services.  You may, by written request to FECU, terminate the Services provided for in this Agreement. We may terminate your use of the Services at any time upon written notice to you. In the event of termination of the Services, you will remain liable for all transactions performed on your account.  Upon termination, (i) you will immediately cease using the Services and (ii) you shall promptly remit all unpaid monies due under this Agreement, if any. FECU shall immediately suspend or terminate your access to the Services in the event FECU reasonably determines such suspension or termination is necessary to protect the Services or FECU from harm or compromise of integrity, security, reputation, or operation or that you are in breach of this Agreement or are otherwise using the Services in a manner inconsistent with the terms of this Agreement or with applicable law.
  6. Relationship to Other Disclosures. The information in this Agreement applies only to the Services described herein.  Provisions in other disclosure documents or agreements, as may be amended from time to time, remain in effect for all other aspects of your account.
  7. Confidentiality. You acknowledge and agree that confidential data relating to the Services, marketing strategies, business operations and business systems (collectively, “Confidential Information”) may come into your possession in connection with this Agreement. Such Confidential Information is the exclusive and confidential property of the Credit Union. You understand and agree that you are prohibited from disclosing and agree to maintain the confidentiality of our Confidential Information.
  8. Force Majeure. You understand and agree that FECU is not responsible or liable for any loss, liability, damages, expenses, or cost of any kind resulting from any delay in the Services due to causes beyond our reasonable control.
  9. Other terms. You may not assign this Agreement. This Agreement is entered into in Minnesota, and shall be governed by the laws of the State of Minnesota 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 and this Agreement shall continue to be valid and enforceable to the fullest extent permitted by law.