In this Remote Deposit Capture Services Disclosure and Agreement ("RDC Agreement"), the words "you" and "your" mean the consumer or business applying for and/or using any of the Remote Deposit Capture Services (the "RDC Services") described in this Agreement. The words "we," "us" and "Credit Union" mean KeyPoint Credit Union. By requesting and using Remote Deposit Capture Services, you agree that agreements governing the Credit Union accounts you access using the Services ("Account Agreements") are incorporated into and made part of this RDC Agreement. In the event of a discrepancy between this RDC Agreement and your Account Agreements, this RDC Agreement will control.
Use of the Services. You can use RDC Services to remotely deposit paper checks payable to you to your Credit Union account that you designate as your RDC settlement account ("Account") by electronically transmitting a digital image of the paper check to us for deposit. Your use of the Services constitutes your acceptance of the terms and conditions of this RDC Agreement. To use the Services, you will need a smartphone or a tablet with a camera and Internet access. Upon our receipt of a digital image the front and back of a check ("Check Image") from you, we will review the Check Image for acceptability. We will not be deemed to have received a Check Image until after we notify you of receipt of the Check Image via onscreen messaging and/or email notification. Your receipt of a notice from us confirming receipt of a Check Image does not mean that the Check Image contains no errors or that we are responsible for any information you transmit to us. We are not responsible for any Check Image that we do not receive. Following receipt of the Check Image, we may process the Check Image by preparing a "substitute check" as defined in the Check Clearing Act for the 21st Century or by clearing the item as an image. Notwithstanding anything to the contrary, we reserve the right, within our sole and absolute discretion, to accept or reject any item for remote deposit into your Account. Any amount credited to your Account for items deposited using RDC Services is a provisional credit and you agree to indemnify the Credit Union against any loss we suffer because of our acceptance of the remotely deposited check.
In addition, you agree that you will not (i) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or RDC Services, (ii) copy or reproduce all or any part of the technology or RDC Services; or (iii) interfere, or attempt to interfere, with the technology or RDC Services.
Personal Guarantee Specific to Deposits Received for Credit to a Business Account:
Your use of the RDC Services for the purpose of depositing to a Business Account constitutes your understanding and agreement that you may be personally liable for any expenses that we incur in attempting to obtain final payment for the item in question, outside of the routine costs associated with item processing, in the event the Business on whose behalf you make this Guarantee defaults. 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 our enforcing this Guarantee. This Guarantee shall benefit the Credit Union and our successors and assigns.
Compliance with Law. You agree to use the products and Service for lawful purposes and in compliance with all applicable laws, rules and regulations, as well as all laws pertaining to the conduct of your business if applicable. 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. You promise to indemnify and hold us harmless from any damages, liabilities, costs, expenses (including attorneys’ fees) or other harm arising out of any violation thereof. This indemnity will survive termination of your Account and this RDC Agreement. You further agree not to use any Credit Union product, service or access device for illegal activity such as illegal online gambling.
Check Requirements. Any image of a check that you transmit must accurately and legibly provide all the information on the front and back of the check at the time presented to you by the drawer. Prior to capturing the original check, you must endorse the back of the original check consistent with any endorsement specifications set forth in your Account Agreements. The image of the check transmitted to us 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 signature(s); and (2) other information placed on the check prior to the time an image of the check 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 for the check will meet the standards for image quality 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. You understand that you are solely responsible for the quality of the Check Image submitted for deposit using RDC Services.
Rejection of Deposit. We are not liable for any service or late charges levied against you due to our rejection of any item submitted by Remote Deposit Capture. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your Account due to an item being returned.
Items Returned Unpaid. A written notice will be sent to you of transactions we are unable to process because of returned items. With respect to any item that you transmit to us for remote deposit that we credit to your Account, in the event such item is dishonored, you authorize us to debit the amount of such item from the Account of deposit. All credits resulting from Remote Deposit Capture are provisional until final payment by the institution on which the deposited item is drawn.
Joint and Several Liability for Joint Accounts. If a Credit Union Account has more than one owner, whether that person is designated as a "member," "joint owner" or otherwise, each owner acknowledges joint and several liability for all activity occurring on the joint Account. Each of you agrees that if you become indebted to us as a result of authorized use of the Services and that debt is not paid upon our demand or as otherwise required by any Agreement any of you have with us, we can, unless prohibited by law or an agreement governing an Account, take funds from any Credit Union Account in which any of you has an interest to recover all or part of the unpaid debt, without notice and without waiving other rights we have to collect the debt.
Email Address. You agree to notify us immediately if you change your email address, as this is the email address where we will send you notification of receipt of remote deposit items.
Unavailability of Services. RDC Services may at times be temporarily unavailable due to system maintenance or technical difficulties including those of the Internet service provider, cellular service provider and Internet software. In the event that the Services are unavailable, you can deposit an original check at our branches, at Credit Union Service Center shared branches, through our ATMs or by mailing the original check to us at 2805 Bowers Avenue, Santa Clara, CA 95051. It is your sole responsibility to verify that items deposited using RDC Services have been received and accepted for deposit by us. However, we will email or send a text message notification of items submitted by Remote Deposit Capture that are rejected by the next business day following rejection.
Business Days. Our business days are Monday through Friday excluding federal holidays.
Funds Availability. Funds from items deposited by Remote Deposit Capture will be available when finally paid by the institution on which they are drawn, or earlier at our sole and absolute discretion.
Accountholder’s Warranties. You make the following warranties and representations with respect to each image of an original check you transmit to us utilizing the Services:
- 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.
- The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
- 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.
- Other than the digital image of an original check that you remotely deposit through RDC Services, there are no other duplicate images of the original check.
- 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.
- 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.
- The information you provided in any Application for RDC Services remains true and correct and, in the event any such information changes, you will immediately notify us of the change.
- You have not knowingly failed to communicate any material information to us.
- You have possession of each original check deposited using the Services and no party will submit the original check for payment.
- 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.
Storage of Original Checks. You agree to securely store each original check for a period of 90 days after transmission of the Check Image to us. If you are using RDC Services to deposit items into an account in the name of a business to which you are a party you understand this means the original check(s) must be accessible only by your authorized personnel; persons who have access to the stored checks must be fully bondable and have passed a thorough screening. After such storage period expires, you agree to destroy and dispose of the original check in a manner that will prevent it or any image of it from being renegotiated. You understand and agree that you are responsible for any loss caused by your failure to secure or properly destroy and dispose of original checks.
Securing Images on Mobile Devices. Check images captured using a mobile device will be stored on the mobile device only until the associated deposit has been successfully submitted. You agree to promptly complete each RDC deposit conducted using a mobile device. In the event that you are unable to promptly complete your deposit, you agree to ensure that your mobile device remains securely in your possession until the deposit has been completed or to delete the associated images from the application.
Accountholder’s Indemnification Obligation. You agree to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses arising from your use of RDC Services and/or breach of this RDC Agreement. This paragraph shall survive the termination of this RDC Agreement.
In Case of Errors. In the event that you believe there has been an error with respect to any original check or image thereof transmitted to us for deposit or a breach of this RDC Agreement, you must immediately contact us regarding such error or breach as set forth below.
- By telephone: (888) 255-3637 TTY (877) 393-1400
- By internet: www.kpcu.com – Contact Us
- By mail: 2805 Bowers Avenue, Santa Clara, CA 95051
- Attn: Member Service
Limitation of Liability. We are not responsible for any indirect, consequential, punitive, or special damages attributable to our breach of this RDC Agreement.
Charges for Use of the Services. All charges associated with the Services are disclosed in the Credit Union Fee Schedule, a copy of which is provided with this RDC Agreement.
Disclaimer of Warranties. WE DO NOT MAKE ANY WARRANTIES ON EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY THE INTERNET PROVIDER, ANY RELATED SOFTWARE, OR YOUR USE OF ANY OF THEM OR ARISING IN ANY WAY FROM THE INSTALLATION, USE, OR MAINTENANCE OF YOUR PERSONAL COMPUTER HARDWARE, SOFTWARE, OR OTHER EQUIPMENT. WE DO NOT MAKE ANY WARRANTIES REGARDING PERFORMANCE OR NON- INFRINGEMENT OF RDC SERVICES, AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT RDC SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED. WE WILL BE LIABLE ONLY FOR ACTUAL DAMAGES THAT ARISE FROM OUR GROSSLY NEGLIGENT OR INTENTIONAL FAILURE TO PROPERLY COMPLETE TRANSACTIONS INITIATED USING RDC SERVICES.
Change in Terms. We may change the terms and charges for RDC Services by notifying you of such change in writing and may amend, modify, add to, or delete from this RDC Agreement from time to time. Your use of the Services after receipt of notification of any change by us constitutes your acceptance of the change.
Termination of the Services. You may, by written request, terminate RDC Services provided for in this RDC Agreement. We may terminate your use of the Services at any time upon legally required written notice. In the event of termination of the Services, you will remain liable for all transactions performed on your Account.
Relationship to Other Disclosures. The information in this RDC Agreement applies only to RDC Services. Provisions in other agreement and disclosure documents provided to you by us, as may be revised from time to time, remain effective for all other aspects of the Account.
Governing Law. This RDC Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by and construed in accordance with the internal laws of California, notwithstanding any conflict-of-laws doctrines of such state or other jurisdiction to the contrary. You agree to submit to the personal jurisdiction of the courts of California.
Periodic Statement. Any remote deposits made through the Services will be reflected on your monthly Account statement and will also be available for review via Online Banking and Mobile
Banking. You must notify us of any error relating to images transmitted using RDC Services by no later than 30 days after you receive the monthly periodic statement that includes any transaction you allege is erroneous. You are responsible for any errors that you fail to bring to our attention within such time period.
Limitations on Frequency and Dollar Amount. You understand and agree that you cannot exceed the limitations on frequency and dollar amounts of remote deposits that we may establish from time to time.
Unacceptable Deposits. You are not permitted to deposit the following items using RDC Services:
- Any item that is stamped with a "non-negotiable" watermark;
- Any item that contains evidence of alteration to the information on the check;
- Any item issued by a non-U.S. financial institution;
- Any item issued in a non-U.S. currency;
- Any item that is incomplete;
- Any item that is "stale dated" or "post-dated;"
- Savings Bonds.
Changes in Financial Circumstances. You agree to inform us immediately in the event of a material change in your financial circumstances or in any of the information provided in any Application including any supporting financial information. If you are using RDC Services to deposit items into an account in the name of a Business to which you are a party, this includes, but is not limited to, notification of the following: (a) changes in transaction volumes at your business; (b) any change in a representation or statement made or furnished to us by you or on your behalf in any Application; (c) a material change occurs in your ownership or organizational structure (acknowledging that any change in ownership will be deemed material when ownership is closely held); (d) you liquidate or dissolve, or enter into any consolidation merger, partnership, or joint venture; (e) you sell any assets except in the ordinary course of your business as now conducted, or sell, lease, assign or transfer any substantial part of your business or fixed assets or any property or other assets necessary for the continuance of your business as now conducted including, without limitation, the selling of any property or other assets accompanied by the leasing back of the same; (f) you cease doing business, become insolvent, a receiver is appointed for all or any part of your property, you make an assignment for the benefit of creditors, or any proceeding is commenced either by you or against you under any bankruptcy or insolvency laws or any other law or laws relating to debtors; (g) any guaranty of your indebtedness to us, whether related or unrelated to the Account or RDC Services, ceases to be in full force and effect or is declared to be null and void; or the validity or enforceability thereof is contested in a judicial proceeding; or any guarantor denies that it has any further liability under such guaranty; or any guarantor defaults in any provision of any guaranty, or any financial information provided by any guarantor is false or misleading; (h) you or any guarantor dies; if you are a sole proprietorship, the owner dies; if you are a partnership, any general or managing partner dies; if you area corporation, any principal officer or 10.00% or greater shareholder dies; if you are a limited liability company, any managing member dies; if you are any other form of business entity, any person(s) directly or indirectly controlling ten percent (10.00%) or more of the ownership interests of such entity dies; (i) any creditor tries to take any of your property on or in which we have a lien or security interest, including a garnishment of any of your accounts with us; (j) a judgment or judgments is entered against you or any guarantor(s) in the aggregate amount of $250 or more that is not satisfied within thirty (30) days or stayed pending appeal; (k) an involuntary lien or liens is attached to any of your assets or property and not satisfied within thirty (30) days or stayed pending appeal; (l) an adverse change occurs in your financial condition or applicable credit histories; and (m) you are in default under any agreement for borrowed money or any other material contract. You agree to provide us any financial records we reasonably request to determine your financial status during the term of this RDC Agreement.
Confidentiality. You agree that confidential data relating to our Services, marketing, strategies, business operations and business systems (collectively, "Confidential Information") may come into your possession in connection with this RDC Agreement. You understand and agree that you are prohibited from disclosing and agree to maintain the confidentiality of our Confidential Information.
Waiver. The failure of either party to seek a redress for violation, or to insist upon the strict performance, of any covenant, agreement, provision, or condition hereof shall not constitute the waiver of the terms or of the terms of any other covenant, agreement, provision, or condition, and each party shall have all remedies provided herein with respect to any subsequent act which would have originally constituted the violation hereunder.
Relationship. This RDC Agreement does not create, and shall not be construed to create, any joint venture or partnership between the parties. No officer, employee, agent, servant, or independent contractor of either party shall at any time be deemed to be an employee, servant, agent, or contractor of the other party for any purpose whatsoever.
Attorneys’ Fees. The prevailing party in any legal or equitable action arising out of this RDC Agreement will recover its reasonable attorneys’ fees and costs in addition to any other remedy the court finds proper.
Electronic Signature. This RDC Agreement is an electronic contract that sets out the legally binding terms of your use of the RDC Services. You indicate your acceptance of this RDC Agreement and all of the terms and conditions contained or referenced in this RDC Agreement by clicking on the "I Accept" button in connection with your enrollment. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. By clicking on the "I Accept" button, you accept this RDC Agreement, and agree to the terms, conditions and notices contained or referenced herein. When you click on the "I Accept" button, you also consent to have the RDC Agreement provided to you in electronic form. You may request a non-electronic copy of the RDC Agreement by writing to KeyPoint Credit Union, 2805 Bowers Avenue, Santa Clara, CA 95051 Attn: Member Services.