This agreement governs your use of the ValleyStar Credit Union mobile deposit capture services (the “services”). By enrolling to use the services, you agree to be bound by the terms and conditions in this agreement. The services are also governed by our Membership Agreement and our Online Banking agreement. In this disclosure and agreement, the words “I”, “me”, “my”, “us” and “our” mean, ValleyStar Credit Union (the Credit Union). The words “you”, “your”, and “yours” mean the member that applied for and/or uses any of the Mobile Deposit capture services (the “services”) described in this disclosure and agreement.

Use of the services. Following your acceptance of this agreement, you authorize the Credit Union to deposit paper checks through the Mobile Deposit capture application remotely. You can remotely deposit checks that you have received into your account with us by electronically transmitting a digital image of the paper checks to the Credit Union for deposit. Your use of the Services constitutes acceptance of the terms and conditions of this disclosure and agreement. You agree to comply with the hardware and software requirements set forth by ValleyStar Credit Union. For support systems, please review the list above. Upon receipt of the digital image, the Credit Union will review the image for acceptability. You understand and agree that receipt of an image does not occur until after we notify you of receipt of the image via on-screen messaging and/or email notification. You understand that if you receive a notification from the Credit Union confirming receipt of an image, such notice does not mean that the image contains no errors. You understand that you are responsible for any information transmitted to the Credit Union. The Credit Union is not responsible for any image that is not received. Following receipt of the image, the Credit Union may process the image by preparing a “substitute check” or clearing the item as an image. Notwithstanding anything to the contrary, the Credit Union reserves the right to accept or reject any item for Mobile Deposit into your account within our sole and absolute discretion. You understand that any amount credited to your account for items deposited using the services is a provisional credit. 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:

  1. Modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or services.
  2. Copy or reproduce all or any part of the technology or services.
  3. Interfere, or attempt to interfere with the technology or services.

Mobile check deposit transmissions are secure and are encrypted using the same secure HTTPS technology found in Online Banking. Check images are never saved on the member’s device.

Compliance with law. You agree to use the products and services for lawful purposes and comply with all applicable laws, rules and regulations. 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 the Credit Union harmless from any damages, liabilities, costs, expenses (including attorney’s fees) or other harm arising out of any violation thereof. This indemnity will survive the termination of your account and this agreement.

Check requirements. Any image of a check that you transmit to the Credit Union must accurately and legibly provide all the information on the front and back of the check at the time presented to the Credit Union by the drawer. Before capturing the original check, you will endorse the back of the original check. For additional security, we require you also include “For ValleyStar Mobile Deposit Only into account number XXXXXXXXX” (XXXXX = your account number). The image of the check transmitted to the Credit Union must accurately and legibly provide, among other things, the following information: (1) the information identifying the drawer and the paying financial institution that is preprinted on the check, including complete and accurate MICR information and the signature(s); and (2) other information placed on the check before 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.

Rejection of deposit. The Credit Union is not liable for any service or late charges levied against the member due to our rejection of any item. In all cases, the member is responsible for any loss or overdraft, plus any applicable fees due to an item being returned.

Items returned unpaid. Written notice may be sent to the member of transactions the Credit Union cannot process because of returned items. For any item that the member transmits to the Credit Union for mobile deposits credited to the member’s account, if such an item is dishonored, you authorize the Credit Union to debit the amount of such item from the account.

Email address. You agree to notify the Credit Union immediately if you change your email address. This is the email address where we may send you notification of the receipt of Mobile Deposit items or communicate with you regarding any Mobile Deposit items, if necessary.

Unavailability of services. You understand and agree that the services may at times be temporarily unavailable due to the financial institution’s system maintenance or technical difficulties, including those of the internet service provider, cellular service provider and internet software. If the services are unavailable, you acknowledge that you can deposit an original check at our branches or by mailing the original check to us at ValleyStar Credit Union, P.O. Box 5511, Martinsville, VA 24115. It is the member’s sole responsibility to verify that items deposited using the services have been received and accepted for deposit. However, the Credit Union may email notification of rejected items by the next business day following rejection.

Business days and hours. The Credit Union’s business days and hours are Monday through Friday, 9 a.m. – 5 p.m. ET, excluding federal holidays.

Funds availability. You understand that money from mobile deposits is not available for immediate withdrawal. Deposits are subject to verification, and our general policy is to allow you to withdraw the money from your account two business days after the deposit is made (if the deposit is made before the applicable cutoff time on a business day). The cutoff time is 3 p.m. ET.

Endorsement standards. The federal law regarding funds availability requires the Financial Institution’s endorsement area on the back of a check to be kept clear or unobstructed. This rule is designed to prevent unnecessary delays in processing your deposits as well as to promote speedier returns of dishonored checks. You can use only the 1-1/2-inch space from the “trailing edge” (the left edge of the check when facing you) for endorsements or any other markings.

We will not be responsible for any damages incurred if you deposit an item that is subsequently returned unpaid by the paying bank and that return is “late” due to markings on the check caused by you or a prior endorser on the back of the check.

If you draw a check on your checking account with us, you are responsible for any delay or misrouting of the check caused by markings placed on the check by you that obscure any depository endorsements placed by us or our agent and you agree to hold the Credit Union harmless and indemnify us from any liability due to such delay or misrouting.

Internal controls and audits. Mobile Deposit capture limits may change at any time without any prior notification. The Credit Union reserves the right to revoke this service, reject or adjust any deposits upon submitting the scanned items.

Accountholder’s warranties. You make the following warranties and representations for each image of an original check you transmit to the Credit Union utilizing the services:

  1. Each image of a check transmitted by you 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 the Credit Union.
  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 the Credit Union will contain no viruses or any other disabling features that may have an adverse impact on ValleyStar’s network, data, or related systems.
  10. If checks are made payable to more than one person, you will endorse the check and the other person will also endorse the check. All persons must be joint on the account in order for the check to be accepted.

Securing images on mobile devices. When using Mobile Deposit capture, you understand that check images captured using your mobile device are stored on the device only until the associated deposit has been successfully submitted. You agree to complete each deposit promptly. If you are unable to complete your deposit promptly, 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.

Deposits to business accounts. Your use of the services to deposit to a business account constitutes your understanding and agreement that you may be personally liable for any expenses the Credit Union incurs in attempting to obtain final payment for the item in question, outside of the routine costs associated with item processing, in the event of a default by the business. 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 the Credit Union enforcing this guarantee. This guarantee shall benefit the Credit Union and its successors and assigns.

Accountholder’s indemnification obligation. You understand and agree that you are required to indemnify the Credit Union and hold us harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorney’s fees and expenses arising from your use of the services and/or breach of this disclosure and agreement. You understand and agree that this paragraph shall survive the termination of this agreement.

In case of errors. If you believe there has been an error with respect to any original check or image thereof transmitted to the Credit Union for deposit or a breach of this agreement, you will immediately contact the Credit Union regarding such error or breach, as set forth below:

Limitation of liability. You understand and agree that the Credit Union is not responsible for any indirect, consequential, punitive, or special damages or damages attributable to your breach of this disclosure and agreement.

Warranties. YOU UNDERSTAND THAT THE CREDIT UNION DOES 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. THE CREDIT UNION IS NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY THE INTERNET PROVIDER, ANY RELATED SOFTWARE, OR THE CREDIT UNION’S 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.

Change in terms. We may change the terms and charges for the services indicated in this disclosure and agreement by notifying you of such change in writing and may amend, modify, add to, or delete from this disclosure and 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 the services provided for in this disclosure and agreement. You may terminate your use of the services at any time without 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 these disclosures applies only to the services described herein. Provisions in other disclosure documents, as may be revised from time to time, remain effective for all other aspects of the account.

Periodic statement. Any Mobile Deposits made through the services will be reflected on your monthly account statement. You understand and agree that you are required to notify the Credit Union of any error relating to images transmitted using the services by no later than 60 days after you receive the monthly periodic statement that includes any transaction you allege is erroneous. You are responsible for any errors you fail to bring to our attention within such a time period.

Limitations on frequency and dollar amount. You understand and agree that you cannot exceed the daily $5,000 limit on Mobile Deposits that are set forth by the Credit Union.

Unacceptable deposits. You understand and agree that you are not permitted to deposit the following items using the services:

  1. Any item that is drawn on your account.
  2. Any item that is stamped with a “non-negotiable” watermark.
  3. Any item that contains evidence of alteration to the information on the check.
  4. Any item issued by a financial institution in a foreign country.
  5. Any item that is incomplete.
  6. Any item that is “stale dated” or “postdated”.
  7. Savings bonds.
  8. Any third-party check, item(s) made payable to someone other than you or other joint and authorized signers on the account.
  9. Any item with a restrictive endorsement.
  10. Any item drawn on a foreign/international bank.

Waiver. The failure of either party to seek 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 for any subsequent act which would have originally constituted the violation hereunder.

Relationship. This disclosure and 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.