LCE Federal Credit Union Remote Deposit Capture Terms and Conditions

These terms and conditions apply to our Remote Deposit Capture (“Service”). Accessing the Service or viewing any of its content shall constitute your acknowledgement of, and agreement with these terms and conditions. These terms and conditions are in addition to those that apply to any Accounts you have with us or any other services you obtain from us. This Agreement also describes your rights and obligations as a user of the Service as well as the rights and obligations of LCE Federal Credit Union (“Credit Union”). In this Agreement, the words "you" and "yours" mean those who agree to the terms and conditions of this Agreement. The words "we," "us," and "our" mean the Credit Union. The word "Account" means any one or more deposit, loan and line of credit Accounts you have with the Credit Union. The terms of this Agreement apply to both consumer and business members, except as specifically provided in this Agreement.

Remote Deposit Capture service allows you to make deposits to your accounts using compatible and supported mobile phones and/or other compatible and supported devices. You must designate a Credit Union account as the settlement account to be used for the purposes of settling, in aggregate, the financial transactions requested in connection with this Remote Deposit Capture service. The Credit Union shall provide you with details of the specific transactions, reported similarly as other transactions may be done, that were a result of access to the service.

Your Responsibility for Remote Deposit Capture Services

Eligible Items for Deposit – You agree to submit only “checks” as defined in Federal Reserve Regulation CC. You agree that the image of the check transmitted to us shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code. For non-acceptable items, see Presentment Prohibitions.

Funds Availability – Deposits made through Online Banking using the Remote Deposit Capture feature will follow the availability requirements outlined in your Account Disclosures.

Deposit Limits - Daily limit using Remote Check Deposit is $2,000.00 and the maximum monthly deposit is $5,000.00.

Transmission Deadlines – For the purpose of this agreement, business days are defined as Monday through Friday and exclude Federal holidays. Deposits posting through Remote Deposit Capture after 4:00 PM Eastern Time are considered to have been received on the next scheduled business day. Funds from deposited items may be held for an extended period of time as set forth in the Credit Union's Funds Availability Policy in the applicable Membership and Account Agreement, as amended from time to time. You agree that the scanning and transmitting of checks does not constitute receipt by The Credit Union. Acknowledgment of receipt or delivery does not constitute an acknowledgment by The Credit Union that the transmission of a check does not contain errors or that funds will be available.

Deposit Acceptance – You agree that the Credit Union may at any time, in its sole discretion, refuse to accept deposits of checks from you by the Remote Deposit Capture service due to requirements not met as outlined in the following subsections or for other reasons not mentioned in this agreement. In the event that the Remote Deposit Capture service is interrupted or is otherwise unavailable, you may deposit checks in-person at a Credit Union branch or via night drop or mail or other contractually acceptable method. For questions about deposit acceptance, please contact the Credit Union.

Responsibility for Scanning – You are solely responsible for scanning checks, accessing the service from the Credit Union and for maintaining your mobile device. You are responsible for the payment of all telecommunications and or cellular expenses associated with the service. The Credit Union shall not be responsible for providing or servicing any scanning equipment or mobile device.

Deposit Requirements – You agree that you will only use Remote Deposit Capture for checks drawn on financial institutions within the United States and that these checks will be payable only to the account holder(s). You also agree that you will not use Remote Deposit Capture for checks payable to 3rd parties or checks that are post-dated, stale dated, or altered. Checks that do not fall within these requirements need to be presented in person at one of our branch locations to determine if the item(s) can be accepted for deposit. Checks submitted for deposit through Remote Deposit Capture must be properly endorsed (as seen below) before the item is transmitted.

Example of Endorsement
John Smith
For Mobile Deposit Only
LCEFCU Acct #123456

Check Image Requirements – Any image of a check transmitted for deposit must accurately and legibly provide all the information on the front and back of the check at the time transmitted. The image of the check must accurately and legibly provide, among other things, the following information: (1) the information identifying the drawer and the paying bank that is preprinted on the check, including complete and accurate MICR information and the payee’s signature(s); and (2) other information placed on the check prior to the time an image is captured, such as any required identification written on the front of the check and any endorsements applied to the back of the check. The image quality must be legible and meet the standards for image quality established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association.

Check Retention & Destruction – You understand and agree that all checks you deposit belong to you and not to The Credit Union and that those checks shall be handled in accordance with this Agreement. After receipt by Credit Union of any transmission by you of imaged checks for deposit to your account, the Credit Union will acknowledge by electronic means its receipt of such electronic transmission; however, your electronic transmission is subject to proof and verification. You shall retain the original of all imaged checks that have been deposited via Remote Check Deposit for reasonable period of time in order to verify settlement and credit or to balance periodic statements, but in no case less than 10 business days from the date processed, and you shall properly destroy and dispose of such original checks after such time. During the period that you maintain the original checks, you understand and agree that you must use a high degree of care to protect these original checks against security risks. These risks include, without limitation, 1. theft or reproduction of the original checks (including by employees if you are a business) for purposes of presentment for deposit of these original checks, i.e. after the original checks have already been presented for deposit via the Remote Deposit Capture service, and 2. unauthorized use of information derived from the original checks. When you destroy and dispose of the original checks pursuant to the requirements of this Agreement, you understand and agree that you must use a high degree of care when selecting and implementing destruction and disposal procedures. Among other things, your procedures must be designed to ensure that the original checks are not accessed by unauthorized persons during the destruction and disposal process, and, once destroyed (e.g. through the use of competent shredding equipment), the original checks are no longer readable or capable of being reconstructed.

Financial Responsibility - You are solely and exclusively responsible for any and all financial risks, including, without limitation, insufficient funds, associated with accessing the Remote Deposit Capture service. The Credit Union shall not be liable in any manner for such risk unless the Credit Union fails to follow the procedures described in materials for use of the service. You assume exclusive responsibility for the consequences of any instructions you may give to the Credit Union, for your failure to access the service properly in a manner prescribed by the Credit Union, and for your failure to supply accurate input information.

Adjustments - We reserve the right to adjust your deposit after you have submitted it for processing. Adjustments are to correct mistakes in the value of the imaged items deposited, mistakes in encoding, or for missing or illegible image items.

Fees Charged for Remote Check Deposit – No fee is charged for using Remote Deposit Capture. However, we may assess fees as described in the applicable product or Account Disclosure Statement or fee schedule (including applicable transfer fees). We reserve the right to institute or change fees for Mobile Banking by sending you prior notice.

Account Reconciliation – Review and reconcile your periodic statement in a timely manner. If you notice an error or have a question about a Mobile Deposit posting, phone us at (440) 357-2560, or write us at 77 North Saint Clair St., Painesville, OH 44077.

Conditions & Limitations of Remote Deposit Capture Service

Eligible Items:

1. Checks made payable to the account owner or joint owners that have been properly endorsed with “For Mobile Deposit Only LCEFCU Account # ____” and the owner’s signature.

Ineligible Items for Deposit:

1. No foreign checks (US Currency Only)
2. Items payable to another person
3. Items previously returned NSF or converted to a Substitute Check
4. Items that have been altered in any way
5. Items that are missing processing information
6. Savings bonds/Treasury Tax & Loan payments
7. Rebate Checks
8. Items that are postdated or more than six months old
9. Money Orders or Travelers Checks
10. An item written from your account at the Credit Union

Your Representations and Warranties - You represent and warrant:

1. You will comply with all Federal and state laws, and rules and regulations applicable to Mobile Check Deposit transactions, including those of the National Automated Clearing House for ACH transactions
2. All checks scanned through image transport are made payable to you
3. All signatures on each check are authentic and authorized
4. Each check has not been altered.

In the event you breach any of these representations or warranties, you agree to defend, indemnify and hold the Credit Union and its agents harmless from and against all liability, damages, and loss arising out of any claims, suits, or demands brought by third parties with respect to any such breach. You further authorize the Credit Union to charge your account for the amount of any such demand, claim, or suit that constitutes a breach of warranty claim under the provisions of the Uniform Commercial Code.  You agree to maintain and update any changes to your contact information within the Remote Deposit Capture.

Credit Union's Obligations

Financial Data - We will transmit all the financial data under our control required to utilize the Remote Deposit Capture service selected by you and act on appropriate instructions received from you in connection with such service. We shall exercise due care in seeking to preserve the confidentiality of the User ID, User password, and PIN to prevent the use of the service by unauthorized persons (and in this connection it is understood and agreed that implementation by the Credit Union of its normal procedures for maintaining the confidentiality of information relating to you, and where practicable obtaining by the Credit Union from any third parties engaged in the installation, maintenance and operation of the system of similar undertakings), shall constitute fulfillment of its obligation to exercise due care. We will retain any substitute checks we generate for seven (7) years.

Exception Items - When we review and process your deposit, we may reject any electronic image of a check that we determine to be ineligible for the Remote Deposit Capture service ("Exception Item") including, without limitation, electronic images of checks drawn on financial institutions located outside the United States, checks drawn on U.S. Banks in foreign currency, electronic images of checks that are illegible (due to poor image quality or otherwise), electronic images of checks previously processed, electronic images previously converted to substitute checks, and electronic images with unreadable MICR information. We will notify you of any Exception Items. You agree that if you wish to attempt to deposit any Exception Item to any account with the Credit Union, you shall only do so by depositing the original item on which the Exception Item is based. You acknowledge and agree that even if the Credit Union does not initially identify an electronic image as an Exception Item, the substitute check created by us may nevertheless be returned to us because the electronic image is deemed illegible by a paying bank and you will receive notification from the Credit Union.

Warranties & Disclaimer of Warranties - By using the Remote Deposit service, you are 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 Credit Union and Truncating Credit Union, 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 that clearly and accurately represents the information on the front and back of the original check. Credit Union and its agents may, but shall have no obligation to, screen items or Substitute Checks for legal compliance. You agree, unless caused by our intentional misconduct or gross negligence, to defend, indemnify, and hold Credit Union and its agents harmless from and against all liability, damage, and loss arising out of any claims, suits, or demands brought by third parties with respect to any such substitute checks.

Termination – You may terminate this service by notifying the Credit Union by phone, mail, email or in person. The Credit Union may terminate this service for any reason by providing you a written or email notice. You will still be liable for any deposits made until the termination.