This Addendum (the "Addendum") to the Terms and Conditions for " Online Banking" (the "Terms") sets forth the additional terms and conditions for use of Mobile Banking (the "Services" or "Mobile Banking") offered through Space Coast Credit Union and/or its affiliates (collectively, " ", "we", "our", "us") by the customer ("you", "your"). Except as specifically modified herein, the Terms, and any other agreements you have with us, shall remain unchanged and in full force and effect. If there is a conflict between the Terms and this Addendum, the terms in this Addendum will govern your use of the Services.
ACCEPTANCE OF ADDENDUM
Accepting this Addendum
By clicking "I Agree" when you enroll for Mobile Banking, you agree to the terms and conditions of this Addendum. Additionally, by installing the software necessary to utilize certain features of the Services (the "Software") and using the Services, you also agree to be bound by this Addendum.
Description of Services
Mobile Banking is a personal financial information management service that allows you to access your account information, make payments to payees and make such other banking transactions as are described on our website (currently, www.sccu.com). To utilize certain features of the Services, you must install the Software on your compatible and supported mobile phone and/or other wireless device (each, a "Wireless Device"). Once you have enrolled for the Services through our online banking service and installed the Software, designated accounts linked to your Login ID will be accessible through your Wireless Device, together with certain payees. We reserve the right to modify the scope of the Services at any time. We reserve the right to refuse to make any transaction you request through Mobile Banking. You agree and understand that Mobile Banking may not be accessible or may have limited utility over some wireless networks, such as while roaming.
Use of Services
You agree to accept responsibility for making sure that you know how to properly use your Wireless Device and the Software. We may modify the Services from time to time in our sole discretion. In the event of any modifications, you are responsible for making sure you that you understand how to use Mobile Banking as modified. We will not be liable to you for any losses caused by your failure to properly use the Services or your Wireless Device.
Relationship to Other Agreements
You agree that, when you use Mobile Banking, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider (i.e., AT&T, Verizon, etc.), and that this Addendum does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Banking, which may include downloading the Software, receiving or sending Mobile Banking text messages, or other use of your Wireless Device when using the Software or other products and services provided by Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services and that your mobile service provider is not the provider of the Services. Accordingly, you agree to resolve any problems with your provider directly without involving us.
Account Ownership/Accurate Information
You represent that you are the legal owner of the accounts and other financial information which may be accessed via Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking. You agree that we and our service providers may send you, by short message service, e-mail, and other methods, communications relating to Mobile Banking, including without limitation welcome messages, information and requests for information relating to the use of Mobile Banking. You represent that you are an authorized user of the Wireless Device you will use to access Mobile Banking, and that you are authorized to download and install the Software on your Wireless Device. You agree not to give or make available your Mobile Banking Password or other means to access your account to any unauthorized individuals. You are responsible for all bill payments, transfers or other transactions you authorize using Mobile Banking. If you permit other persons to use your Wireless Device and Password or other means to access Mobile Banking, you are responsible for any transactions they authorize. If you believe that your Password, Wireless Device or other means to access your account has been lost or stolen or that someone may attempt to use Mobile Banking without your consent, or has transferred money without your permission, you must notify us promptly by calling:
321-752-2222 or 800-447-7228 to reach the Member Service Center, during business hours.
or write the Credit Union at:
Space Coast Credit Union
ATTN: Member Service Center
PO Box 419001
Melbourne, Florida, 32941-9001
You agree to indemnify, defend and hold harmless us and our affiliates and service providers from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) caused by or arising from your use of Mobile Banking or the Software, your violation of this Addendum or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
CHARGES FOR THE SERVICE
We may add to or enhance the features of Mobile Banking from time to time. By using such added or enhanced features, you agree to pay for them in accordance with the fee schedule.
The availability, timeliness and proper functioning of Mobile Banking depends on many factors, including your Wireless Device location, wireless network availability and signal strength, and the proper functioning and configuration of hardware, software and your Wireless Device. Neither we nor any of our service providers warrants that the Services or the Software will meet your requirements, operate without interruption or be error-free, and neither we nor our service providers shall be liable for any loss or damage caused by any unavailability or improper functioning of Mobile Banking, or for any actions taken in reliance thereon, for any reason, including service interruptions, inaccuracies, delays, loss of data, or loss of personalized settings.
Neither we nor any of our service providers assumes responsibility for the operation, security, functionality or availability of any Wireless Device or mobile network which you utilize to access Mobile Banking.
THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY OTHER WARRANTY AS TO PERFORMANCE, ACCURACY OR COMPLETENESS.
Changes or Cancellation
You may cancel your participation in Mobile Banking at any time either through Space Coast Credit Union Online Banking, or by calling 321-752-2222. We reserve the right to change or cancel Mobile Banking at any time without notice. We may also suspend your access to Mobile Banking at any time without notice and for any reason, including, but not limited to, your non-use of the Services. You agree that we will not be liable to you or any third party for any change or cancellation of Mobile Banking.
Last updated July 30, 2013
This Agreement contains the terms and conditions for the use of Space Coast Credit Union Mobile Deposit capture services. Other agreements you have entered into with Space Coast Credit Union (SCCU) governing your SCCU account, are incorporated by reference and made a part of this Agreement.
The Mobile Deposit capture services ("Services") are designed to allow you to make eligible check deposits to your checking, savings, or money market accounts using an approved device to transmit images of your checks and associated deposit information to SCCU. Once accepted, your eligible checks will be either processed electronically or converted to substitute checks based on the information you provide. There is currently no charge for the Services.
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. Your continued use of the Services will indicate your acceptance of any such changes to the Services.
"Business Day" means any day of the week that is not a Saturday, Sunday or Credit Union holiday.
"Credit Union", "SCCU" refers to Space Coast Credit Union, including its agents and service providers.
"Member Agreement" means collectively the Space Coast Credit Union Membership Disclosure and any other account information provided to you by SCCU from time to time.
"Deposit Account" means a checking account, savings account, or money market account.
"Eligible Checks" mean original paper checks payable to you and meeting the requirements of a check as defined in Federal Reserve Regulation CC and SCCU's deposit guidelines.
"Eligible SCCU Account" means the Space Coast Credit Union account(s) that meet certain eligibility criteria established by Space Coast Credit Union and that have been enrolled in the Service.
"Eligible Device" means a Remote Device or other device SCCU may approve as eligible for the Remote Service in the future.
"Remote Device" means a Remote device such as a mobile phone or tablet which includes a camera or other functionality or feature capable of capturing and transmitting images.
"Substitute Check" means a paper check created from an electronic image in accordance with the requirements of Federal Reserve Regulation CC.
"You" and "your" refer to the member who has agreed below to the terms and conditions of this Agreement.
Limitations of Service
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 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.
Hardware and Software
In order to use the Services, you must obtain and maintain, at your own expense, a Remote Device, or other hardware and software necessary for any other Eligible Device SCCU may designate in the future. If SCCU designates any additional Eligible Devices, such Eligible Devices will be indicated on the SCCU website. SCCU assumes no responsibility for defects, failures or incompatibility of any Equipment used in connection with the Service, including any third party software you may need to use the Service. Any third party software is 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.
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 SCCU shall be deemed an "item" within the meaning of Article 4 of the Uniform Commercial Code. You agree that you will not use the Services to scan and deposit any checks or other items as shown below:
Checks payable to others (even if endorsed over to you);
Demand drafts or Remotely created checks (i.e. checks lacking the original signature of the person authorizing the check);
Substitute checks (i.e. paper checks created from an electronic image);
Checks or items containing obvious alteration to any of the fields on the front of the check or authorized by the owner of the account on which the check or item is drawn or are irregular in any way (e.g. where the numerical and written amounts are different);
Checks that have been previously returned unpaid for any reason;
Checks that are postdated or more than six (6) months old;
Checks drawn on a foreign financial institution or payable in a foreign currency;
Checks drawn on another account owned by you
Checks you suspect may be fraudulent or not properly authorized
Checks that exceed the maximum daily limit set forth below;
Checks which are otherwise not acceptable under the terms of your Member Agreement.
SCCU's processing of any of the checks described above shall not obligate it to continue that practice and it may stop doing so without cause or prior notice. Additionally, SCCU may refuse any check for deposit, with or without cause.
Hours of Operation; Processing Cut-off Hour; Location where your deposits are considered made
The Service can be utilized by you 24 hours a day, seven days a week, except when the Service is unavailable due to needed maintenance or system outages. The Credit Union is not responsible for the unavailability of the Remote Service or any damages that may result from its unavailability.
Images of Eligible Checks and associated deposit information received for processing by the Credit Union before 6:00 pm Eastern Time on a business day will be processed on that business day. Images of Eligible Checks and associated deposit information received for processing by the Credit Union after 6:00 pm Eastern Time on a business day or on a Saturday, Sunday, or Credit Union holiday will be processed on the next business day.
Confirmation of Receipt of Check Images
You will receive an electronic confirmation of receipt of the image of your Eligible Check upon the successful transmission of that image to the Credit Union. Receipt of the image of your Eligible Check is not deemed to have occurred until after the Credit Union has provided electronic notification of such receipt.
We reserve the right to reject any item transmitted through the Service, 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 SCCU that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
Availability of Funds
Funds from deposits via the Remote Service are generally available to you on the same Business Day your deposit is received. In some cases, the Credit Union may not make funds from these deposits available in accordance with this general policy. Should this occur, a notice will be sent to you by the next Business Day as to when your funds will be made available to you. Depending on the type of check that you deposit, funds will be made available to you no later than the 4th Business Day after the Business Day your deposit is received. In addition, the first $200 of your deposit will be made available on the Business Day after the business day your deposit is received.
The Credit Union's funds availability exception policies, as fully set forth in your Member Agreement, also apply to deposits made via the Remote Service. Please refer to your Member Agreement for an explanation of those exception policies. In the event the Credit Union receives a check image for deposit where it has reason to doubt the collectability of that deposit, the Credit Union may delay the availability of that deposit for a reasonable period of time until the item is either paid or returned. In such cases, the Credit Union will notify you of this action
The following deposit limit applies to the deposits to your Eligible SCCU Accounts through the Service:
$2,500 single item, daily, and weekly limit
$5000 monthly limit
5 Items per day, 10 per week, 20 per month limit
You understand that you will not make deposits through the Service in excess of this limit. The Credit Union may refuse to accept and process any deposits that exceed this dollar limit. In addition, the Credit Union reserves the right to change these limits or impose additional limits in its sole discretion from time to time.
The image of an item transmitted to SCCU using the Service 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.
Check Endorsement Requirements
Prior to scanning any check through the Service, you agree to restrictively endorse the original check "For Deposit Only, Space Coast Credit Union, account#_______" or as otherwise instructed by SCCU. You agree to follow all other instructions provided to you by the Credit Union for capturing and transmitting check images and associated deposit information via the Service.
Storage and Destruction of Original Checks
Upon your receipt of a confirmation from SCCU that we have received the image of an item, you agree to prominently mark the item as "Electronically Presented" or "VOID" or properly dispose of the item to ensure that it is not represented for payment. And, you agree never to represent the item. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to SCCU as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for SCCU's audit purposes.
You agree to notify SCCU of any suspected errors regarding items deposited through the Services right away, and in no event later than 60 days after the applicable SCCU account statement is sent. Unless you notify SCCU within 60 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against SCCU for such alleged error.
The manner in which the items are cleared, presented for payment, and collected shall be in SCCU's sole discretion subject to the depository Agreement and Disclosures governing your account.
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 or 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.
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 your or any third party arising from or related to the use of, inability to use, or the termination of the use of this service, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), even if SCCU has been informed of the possibility thereof.
User Warranties and Indemnification
You represent and warrant the following with respect to each image of a check that you transmit through the Service:
You will only transmit eligible items.
Images will meet the image quality standards.
You will not transmit duplicate items.
You will not deposit or represent the original item.
All information you provide to SCCU is accurate and true.
You will comply with this Agreement and all applicable rules, laws and regulations.
You agree to indemnify and hold harmless SCCU from any loss for breach of this warranty provision.
Returned Items and Right of Chargeback
If any image of a check you deposit is dishonored or otherwise returned unpaid by the institution upon which it is drawn, you understand that the Credit Union will return the check to you in the form of a substitute check. If you decide to redeposit the returned check, you may only redeposit the substitute check by taking that check to a SCCU branch. You may not deposit the original check. Your account will be charged back the amount of the check in addition to any applicable fees in accordance with the terms of your Member Agreement.
Termination or Suspension of Remote Service
The Credit Union may terminate or suspend your use of the Service at any time. The Credit Union may terminate or suspend the Service without prior notice if the Credit Union, in its sole judgment, believes there has been a breach in the security of the Service, there has been unauthorized activity involving your account, you have engaged in activity that violates the terms of this Agreement, or there has been account activity resulting in an overdraft in any of your deposit accounts with the Credit Union. Should your use of the Remote Service be suspended, the Credit Union may, in its discretion, reconsider your account for eligibility to use the Service no sooner than six months after the suspension date.
You agree that the Credit Union may change the terms and conditions of this Agreement as required by law or Credit Union policy. Unless otherwise required by law, the Credit Union may amend this Agreement without prior notice to you. If the Credit Union chooses to notify you of an amendment or is required to do so by law, the Credit Union may ask you to agree to an amended version of this Agreement electronically, or by mailing or delivering a separate notice, statement message, or electronic message to you at the last address on file for you.
This Agreement shall be governed by federal laws and regulations. To the extent such laws and regulations do not apply, this Agreement is governed by the laws of the state of Florida.
Electronic Consent and Acceptance of Terms and Conditions
In order to enroll in the Remote Service, you consent to receive and accept the terms and conditions of this Agreement, and any amendments to it, electronically. In the event any change to this agreement requires prior notice to you, the Credit Union will notify you by e-mail, at the e-mail address you have provided for such notices, of the new or different terms and conditions or it will provide you with a link within such e-mail where you may view the new or different terms and conditions on a web site. In the future, if the Credit Union chooses to provide you with such notices for deposits via the Service only by e-mail and not by mail, we will notify you by e-mail. You understand and agree that the Credit Union reserves the right to provide any notices regarding the use of the Service to you in printed form.
Consent and Agreement
By agreeing to these terms and use of Space Coast Mobile Deposit Capture Service, you agree: 1) that you have equipment that satisfies the above requirements; 2) to receive information about the Service, including this Agreement, any amendments to it or any notices regarding the use of the Service, electronically; and 3) that you have received an electronic version of this Agreement and agree to be bound by the terms and conditions contained therein. Because enrollment in the Service can only occur electronically, you understand that you cannot enroll in the Service unless you agree. The Credit Union reserves the right to provide information and notices about the Service to you by non-electronic means.