“Mobile Deposit” Mobile Check Deposit Service
Mobile Deposit allows you to use software provided by us to create electronic images of paper checks (“Items”). Our Mobile Deposit service allows you, our member, to transmit electronic images to us for deposit to your account(s) with us. After we receive your electronic image(s), we, at our sole option, use the electronic image(s) to either (a) create substitute check(s), that we present to the financial institution (paying bank) on which the paper Item is either: (1) drawn or (2) payable at or through (each, “paying bank”); or (b) to generate one or more electronic images (from the original images) for presentment directly or indirectly to the paying bank.
You must be a member in good standing, 18 years of age or older, have a valid address on file and your account must be open for more than three months to be eligible for this service. Mobile Deposit is not available to UTMA, Second Chance Checking, Trust, Representative Payee or Beneficiary accounts. We can change the criteria we use to qualify members for this service at any time without notice. Regardless of eligibility, there are limits on how much money can be deposited using Mobile Deposit. The limit is $5,000 per day with a maximum of $3,000 per scanned item.
Conditions to Provision of the Service
As conditions to our providing the Mobile Deposit service, you agree that you will: (a) maintain your accounts with us in good standing; (b) meet credit and other standards established by us from time to time and provide financial information as requested by us from time to time; and (c) comply with the guidelines and restrictions regarding the electronic images as we may communicate to you from time to time. You also agree that, absent our written consent, you will not deposit to any personal account any Item that is made payable to any business, and will only deposit Items into your savings or checking accounts that are made payable in the name(s) in which your account is titled. You can use a smart mobile device to photograph and transmit the check image to us using the service software.
Disposition of Imaged Items (Checks)
You agree that all Items belong to you and not to us and that those Items shall be handled in accordance with the Terms and Conditions and any user materials. You MUST place a restrictive endorsement that includes our name such as “MOBILE DEPOSIT ONLY M1FCU” on the back of the item prior to depositing the check. After receipt by us of any transmission by you to us of imaged Items for deposit to your savings or checking account, we will acknowledge by electronic means receipt of your transmission. Your electronic transmission is subject to proof and verification. YOU AGREE TO RETAIN THE ORIGINALS OF ALL IMAGED ITEMS AFTER VALIDATION OF DEPOSIT FOR NOT LESS THAN FOURTEEN (14) DAYS or for such time as is required by and in accordance with applicable law, statute, or regulation. We recommend you retain the transmitted check for ninety (90) days, after which you may destroy it. You agree to safeguard the originals of such imaged Items until such time as they have been destroyed.
Responsibility for Multiple Deposits of the Same Item
You agree not to deposit any Item more than once via electronic or other means, either with us or with any other financial institution, whether intentionally or unintentionally, whether as a result of fraud for any other reason whatsoever. You agree that the aggregate amount of any Items which are deposited more than once will be debited from your savings or checking deposit account, and to the extent funds in your account are insufficient to cover such amount, any balance shall be debited by us from any of your other M1FCU accounts in which you have an interest, deposit accounts as determined by us in our sole discretion, subject only to applicable law and regulation. You further acknowledge that you, and not we, are responsible for the processing and handling of any original Items which are imaged and deposited utilizing our electronic imaging services, and you assume all liability to the person who wrote the check of any Item imaged using the services or liability arising from our printing of any substitute check from those images.
You agree that in the event that an electronically captured Item is captured for an incorrect amount, we may make a credit or debit adjustment to your account in order to correct the error.
Processing Your Electronic Imaged Items
If you transmit your Item to us before the cut-off time we separately disclose to you on any day that is a banking day and within our normal business hours, we will review and, if appropriate, process your Item on that banking day. If you transmit your Item to us after the cut-off time (typically 3 PM Pacific Time) on any banking day, we will review and, if appropriate, may process your electronic image(s) on the next banking day.
When we review and process your electronic imaged Item(s), we may reject any electronic image that we, in our sole discretion, determine to be ineligible, including, without limitation:
- Electronic images of any Item not payable to you
- Electronic images of Items drawn on financial institutions located outside the United States
- Items drawn on U.S. accounts in foreign currency
- Electronic images that are illegible (due to poor image quality or otherwise)
- Electronic images of Items previously processed
- Electronic images previously converted to substitute checks
- Electronic images with unreadable MICR information
- Electronic images of checks that are stale dated (older than 6 months) or postdated
- U. S. Savings Bonds
- Cashier’s checks
- U.S. Postal Money Orders
- Traveler’s checks
Each banking day on which we review and process your Items, we will notify you of all exception Items. You agree that if you wish to attempt to deposit any exception Item to any of your accounts with us, you will only do so by depositing the original paper Item on which the exception Item is based. You acknowledge and agree that even if we do not initially identify an electronic image as an exception, the Item may nevertheless be returned to us because, among other reasons, the electronic image is deemed illegible by paying institution. Our failure to identify an exception Item shall not preclude or limit the obligation of you to us. In the event an electronic image is an exception Item because it is illegible or otherwise unusable by us, you must either provide a usable original or copy or, if the original or copy is unusable, obtain a usable document from the maker and submit that usable document to us. Failure to provide a usable version will result in the exception Item being debited from your account. If the Mobile Deposit system will not accept a check, either due to a problem with the check or with the system, your alternative is to bring the check to our branch.
Availability of Items; Rules Governing Items
We reserve the right to delay availability of funds deposited by Mobile Deposit until final collection from the paying financial institution. We may, as a courtesy, make funds available for withdrawal sooner. You can call us at 209.521.2020 to find out if we have received a Mobile Deposit transmittal or if we have received final payment of the check. If a deduction of a credit on a Mobile Deposit on which we do not receive final settlement results in a negative balance in your account, you will be indebted to us, and our Right of Offset and right to recover Collection Costs will apply. You may be subject to a returned deposit fee. Checks deposited using Mobile Deposit are governed by applicable law and the rules of NACHA and non-NACHA clearing houses and associations. Please also see the Electronic Funds Transfers section of the Truth in Savings Disclosure.
Questions about Errors
If you think that a check deposited using Mobile Deposit shown on your statement is wrong, or if you need more information about the deposit, call us at 209.521.2020 or write to us at M1FCU, 430 12th Street, Modesto, CA 95354. Please tell us (a) your name, (b) your account number, (c) the date of the questioned transaction, (d) the amount of the questioned transaction, (e) the type of the questioned transaction and (f) why you believe there is an error. We must hear from you no later than sixty (60) days after we sent you the first statement on which the error or problem appeared or we will not be responsible for the error.