1. Service and Service Terms. The following terms and conditions
apply to Northrop Grumman Federal Credit Union REMOTE CHECK DEPOSIT CAPTURE SERVICE
(Service) that Northrop Grumman Federal Credit Union may provide to Member.
Member accepts and agrees that the Service or any portion of the Service may be
provided by one or more subcontractors. The provisions of Northrop Grumman
Federal Credit Union’s "Terms and Conditions of Your Account"
agreement and applicable service terms are incorporated into this Agreement by
reference. In case of any conflict between this Agreement and your other
agreements with Institution, specific provisions regarding remote check deposit
capture services in this Agreement control over general provisions.
In this Agreement, "Institution", "Credit Union", and
"we/us/our" refer to Institution, including our agents and service
providers, and "You/your" refer to the Member accepting this
Agreement.
Services:
The Institution’s remote check deposit capture services ("Services")
are designed to allow you to make Eligible Item deposits to your Institution
checking, savings, or money market savings accounts using an Eligible Device
(as defined below) to transmit item images and deposit information to us. Once
accepted, your Eligible Items will be either processed electronically or
converted to Substitute Checks based on the information you provide. There is
currently no charge for the Services. We reserve the right to impose charges
for the Services in the future. Top
2. Overview and definitions. This Agreement states the terms and
conditions by which Northrop Grumman Federal Credit Union will deliver to
Member, the Service, as described below.
2.1 "Member" means a person that has a membership with
Northrop Grumman Federal Credit Union.
2.2 "Member Agreement" means collectively the Institution
Membership Disclosure and any other account information provided to you by us
from time to time.
2.3 "Business Day" means any day which Northrop Grumman
Federal Credit Union is open to conduct substantially all of its services, but
does not include Saturday, Sunday or Northrop Grumman Federal Credit Union
holidays.
2.4. "Deposit Account" means your Institution checking
account, savings account, or money market savings account.
2.5. "Eligible Account" means any Institution Deposit
Account that meets our eligibility criteria and has been enrolled in the
Services.
2.6 "Eligible Device" means any device acceptable to Credit
Union, which provides for the capture of images from original items and for
transmission through a clearing process. This includes scanners and mobile devices
with cameras.
2.7 "Eligible Item" means a check, a paper item, or an
electronic item (i.e. an electronic image of an item together with information
describing that item) that is payable to you, and is within the meaning of a
"check" as defined in Federal Reserve Regulation CC and Institution’s
deposit guidelines. Acceptable items include personal checks, government
checks, business checks, money orders, traveler’s checks and cashiers or certified
checks drawn on a US financial institution and in US funds. It is understood
that Member will only be transmitting electronic images of the front and back
of items. In order for an item to be processed for deposit, it must be properly
endorsed in the proper location on the back of the item and signed by the
payee.
The following are not Eligible Items:
1) Checks/items payable to others (even if
endorsed over to you);
2) Demand drafts or remotely created
checks/items (checks lacking the original signature of the person authorizing
the check);
3) Substitute checks/items (paper checks/items
created from an electronic image);
4) Checks/items in which any fields on the front
side contain obvious alteration(s), anything not authorized by the owner of the
account on which the check/item is drawn, or any irregularity of any kind (for
example, numerical and written amounts are different);
5) Checks/items previously returned unpaid for
any reason;
6) Checks/items that are postdated or more than
six (6) months old;
7) Checks/items drawn on a foreign financial
institution or payable in a foreign currency;
8) Checks/items drawn on another account owned
by you;
9) Checks/items you suspect may be fraudulent or
not properly authorized;
10) Checks/items exceeding the Deposit Limits
set forth below;
11) Checks/items not acceptable under the terms
of your Membership Agreement.
2.8. "Item" has the same meaning as that term is defined in
Article 4 of the Uniform Commercial Code. Any check image transmitted through
the Services shall be deemed to be an "item" within that UCC
definition.
2.9. "Substitute Check" means a paper check or item created
from an electronic image in accordance with Federal Reserve Regulation CC.
2.10 "Service" means the specific Remote Check Deposit Capture
Service provided by Credit Union. The Service shall be provided for items
received with a consumer or business purpose being deposited into an account at
Northrop Grumman Federal Credit Union.
2.11 "Service Start Date" means the date that the Service
is first utilized by the Member.
2.12 "Technology" means Credit Union’s or its
subcontractor’s deposit capture applications and processes designed to
facilitate the electronic clearing of Items. Said applications are accessed
through scanners or mobile devices with cameras, utilizing software and
hardware provided by or acceptable to Credit Union, and are proprietary access
points to payment processing networks and systems used to complete the clearing
of items. Technology may include but is not limited to Member service support,
reports, software, software tools, user interface designs, and documentation,
and any derivatives, improvements, enhancements or extensions thereof developed
or provided by Northrop Grumman Federal Credit Union or its subcontractors and
used in the provision of Services hereunder.
2.13 "Access Systems" means all services, hardware,
software and other technology (including high speed Internet access service)
necessary to access the Service.
2.14 "Subcontractors" means any third party service
provider of the Service.
2.15 "Term" shall mean the term of this Agreement beginning
as of the Service Start Date until terminated as provided herein. Top
3. Member Obligations; Suspension of Service.
3.1 Hardware, Software and System Requirements. In order to utilize
the Service, Member must have the following hardware and software with the
indicated specifications:
- Windows® 2000, Windows® XP, Windows® Vista, Windows® 7
operating systems or Mac OS X® Version 10.3+ operating system software
- Internet Explorer® 7.0+, Firefox® 5.0+ or Safari™5.0+ for
Mac®
- High-speed Internet connection
- TWAIN Compliant Document scanner (for Remote Deposit)
- Mobile device with a camera or functionality capable of
capturing and transmitting images. (for mobile deposit)
- Java® 6 SE
3.2 Member Responsibilities. To access your account(s) with the
Credit Union, Member must have an eligible checking account with the Credit
Union, and have an established high speed Internet email address. When using
the Service, Member shall provide, at Member’s sole cost and expense, all
Access Systems and Member shall be solely responsible for installing,
maintaining, securing and supporting all such Access Systems. The Member is
responsible for providing a valid Internet email address.
The Northrop Grumman Federal Credit Union is not responsible for any error
or failures from any malfunction of any Access Systems, and the Northrop
Grumman Federal Credit Union is not responsible for any computer virus or
related problems that may be associated with the access to or use of the
Service. Northrop Grumman Federal Credit Union does not guarantee that the
Service will be compatible with all computer systems, scanners, mobile devices,
and Internet browsers, routers or firewalls. Further, Northrop Grumman Federal
Credit Union does not and cannot control the flow of data to or from Credit
Union’s network, its service provider’s networks or other portions of the
Internet. Accordingly, Northrop Grumman Federal Credit Union cannot guarantee
that Member’s connection to the Internet will not be impaired or disrupted, and
Northrop Grumman Federal Credit Union hereby disclaims any and all liability
resulting from or related to such events.
3.3 Withdrawal of Access/Suspension of Service. Northrop Grumman
Federal Credit Union reserves the right to deny, suspend or revoke access to
the Service immediately, in whole or in part, at its sole discretion, without
notice if Northrop Grumman Federal Credit Union believes Member is in breach of
this Agreement or otherwise using or accessing the Service in a manner inconsistent
with the terms and conditions hereof. Further, Northrop Grumman Federal Credit
Union or its subcontractor shall have the right to suspend the Service
immediately in the event of an emergency.
3.4 Handling of Transmitted Items. Member shall be responsible for
safekeeping and destruction of original items which are scanned, transmitted
electronically and deposited using the Service and indemnifies and holds
Northrop Grumman Federal Credit Union harmless from any liability with respect
to (i) the safekeeping, use or destruction of the original items after they are
scanned, transmitted and deposited electronically using the Service, or (ii)
for any Items being submitted for deposit or presented for payment more than
once. There are no laws or regulations that state how long original items
should be retained prior to destruction, therefore, retention timeframes are
set at the Member’s discretion.
3.5 Account Statement Examination. Unless Member notifies Northrop
Grumman Federal Credit Union of any errors to deposits made through the Service
within 60 days after the applicable account statement is mailed or otherwise
provided to Member, such statement regarding all deposits made through the
Service shall be deemed to be correct.
3.6 Processing of Items. Images of items transmitted by Member are
not considered received by Northrop Grumman Federal Credit Union until Member
has received an electronic confirmation of the receipt of the deposit from
Credit Union. However, receipt of the confirmation from Northrop Grumman
Federal Credit Union does not mean that the transmission was error free or
complete. Items transmitted by the Member and received by Northrop Grumman
Federal Credit Union or its subcontractors by 3:00 p.m. Pacific Time Monday
through Friday, shall be credited to the Member’s applicable account on the
same Business Day. Items received by Northrop Grumman Federal Credit Union
after 3:00 p.m. Pacific Time on any Business Day shall be credited to the
Member’s applicable account on the next successive Business Day.
3.7 Image Quality. Each image transmitted to us using the
Services must be legible. In addition, image quality must comply with the
requirements established from time to time by ANSI, the Board of Governors of
the Federal Reserve, and other regulatory agencies, clearing houses or
associations, as applicable.
3.8 Endorsement Requirement.
Prior to imaging any item through the Services, you are to endorse the
back of the original item, using black ink, "Deposit only to account
#_________".
3.9 Funds Availability. Deposited funds will be available in
accordance with the Funds Availability Policy disclosure. Any crediting of the
Member’s account for items deposited via this Service is provisional, subject
to verification and final settlement. Any dishonored items will be returned as
an image of the original or as a substitute check. Any dishonored item is
subject to a fee according to the Northrop Grumman Federal Credit Union Fee
Schedule at the time of the return.
3.10 Deposit Limits. There is a deposit limit of $20,000 per day, per
account.
3.11 Fees: Please refer to Northrop Grumman Federal Credit Union Fee
Schedule.
3.12 You agree, warrant and
represent that you will:
• Ensure that all information you provide Institution is accurate and true.
• Use only Eligible Devices to access the Services.
• Endorse all items for the Services as instructed above.
• Follow all other instructions we provide you for capturing and transmitting
item images and deposit information via the Services.
• Use the Services only for Eligible Items as defined above and that meet our
image quality standards.
• Comply with this Agreement and all your Credit Union agreements, as well as
all applicable rules, laws and regulations.
• Indemnify Institution against and hold us harmless from any loss arising from
your breach of any part of this Agreement.
3.13 You agree that you will
not:
• Transmit duplicate items, or transmit any individual item or its image more
than once.
• Make deposits in excess of the Deposit Limits stated in this Agreement for
the Services.
• Re-deposit or re-present any item or image previously transmitted through the
Services.
• Transmit any checks, items or images that are not Eligible Items or related
deposit information.
3.14 You agree that we will:
• Have the unrestricted right to reject, return, or refuse to process any item
or image that is not an Eligible Item, without liability to you.
3.15 You agree that we will
not:
• Have any obligation to process any non-Eligible Item even if we did so on a
previous occasion.
• Be responsible for items we do not receive or for images dropped during
transmission.
• Be responsible for any technical or other difficulties that you may experience
when using the Services, or any damages that might arise therefrom.
• Be responsible for unavailability of the Services or any damages that might
arise from unavailability. Top
4. Warranties and Disclaimers
4.1 Member shall not use the Service in any way that could potentially harm
Credit Union’s network or sites, or the network or sites of its third party
service providers. Member shall not nor shall they permit or assist others to
abuse or fraudulently use the Service. Member shall not use the Service in any
way that: (i) transmits any item or other materials via the Service that is
deceptive or fraudulent; (ii) violates any law, statute, ordinance, or
regulation (including without limitation the laws and regulations governing
banking and criminal activity); (iii) transmits or distributes any viruses,
worms, time bombs, Trojan horses, or other destructive software of devices;
(iv) attempts to break or circumvent security, or in fact, breaks or
circumvents security of any computer network of Credit Union, its
subcontractors or service providers.
4.2 Disclaimer. Northrop Grumman Federal Credit Union warrants that
the Service shall be performed in a work person like and professional manner
consistent with banking industry standards. EXCEPT AS EXPRESSLY SET FORTH IN
THIS AGREEMENT, THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, AND
Northrop Grumman Federal Credit Union HEREBY DISCLAIMS ALL OTHER WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Top
5. LIMITATION OF LIABILITY
5.1 LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE
LAW, NEITHER THE Northrop Grumman Federal Credit Union NOR ANY OF ITS
SUBCONTRACTORS OR SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY LOSS, PROPERTY
DAMAGE OR BODILY INJURY ARISING OUT OF YOUR USE OF THE SERVICE, WHETHER CAUSED
BY THE CREDIT UNION, ITS SUBCONTRACTORS OR SERVICE PROVIDERS, AS WELL AS
MEMBER’S USE OF THE SERVICE, EQUIPMENT, SCANNERS, OR SOFTWARE PROVIDED UNDER
THIS AGREEMENT. IN NO EVENT SHALL THE Northrop Grumman Federal Credit Union OR
ANY OF ITS SUBCONTACTORS OR SERVICE PROVIDERS BE RESPONSIBLE FOR ANY DIRECT,
INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY
WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF THE SERVICE, EQUIPMENT OR
SOFTWARE USED BY THE MEMBER OR Northrop Grumman Federal Credit Union IN
CONNECTION WITH OPERATION OF THE SERVICE, EQUIPMENT, SCANNERS OR SOFTWARE. Top
6. Termination.
6.1 Termination. Northrop Grumman Federal Credit Union may
immediately terminate the Service or any portion of the Service if Northrop
Grumman Federal Credit Union determines that such Service or portion of any
Service is in violation of any law or regulation, or in its sole discretion and
with notice, decides to cease providing this Service. Except in the event of
emergency or to safeguard Credit Union’s accounts, networks or systems,
Northrop Grumman Federal Credit Union shall give written notice of such
termination or access limitation, which may be given by Internet secure
message, or sent to you at the address shown on our records, or sent to you by
electronic mail message (email). Member may terminate the Service with notice
to Northrop Grumman Federal Credit Union in person, by phone, written
notification through postal mail or by electronic mail message (email). No
minimum time is required by the member for notification to Credit Union. Top
7. Miscellaneous Provisions.
7.1 Notices. Member agrees that any notices required or permitted
under this Agreement may be given electronically.
7.2 Governing Law. This Agreement will be governed by and interpreted
in accordance with federal laws and regulations, and to the extent there is no
applicable federal law or regulation, by the State of California.
7.3 Subcontractors. Northrop Grumman Federal Credit Union may use
third party service providers to provide some or all of the Service under this
Agreement on behalf of Credit Union.
7.4 Amendments. Unless applicable law provides otherwise, this
Agreement may be amended by notice sent electronically or by mail to Member at
Member’s last address known to Northrop Grumman Federal Credit Union to be
effective not less than thirty (30) days after the day transmitted or mailed.
Northrop Grumman Federal Credit Union shall not be bound by any modification of
this Agreement unless Northrop Grumman Federal Credit Union expressly agrees to
the modification in writing. Member shall have the right to terminate the
Agreement prior to the effective date of the amendment. By choosing to continue
using the Service, Member will accept the amendments. This Agreement supersedes
all prior agreements and amendments.
7.5 Entire Agreement. This Agreement constitutes the entire agreement
of the parties with respect to the subject matter hereof and supersedes all
existing agreements and all other related communications, written or oral. Top
