FIRST CHOICE CREDIT UNION
REMOTE DEPOSIT CAPTURE USER AGREEMENT (“AGREEMENT”)
This Agreement contains the terms and conditions for the use of remote deposit capture services that First Choice Credit Union (FCCU) may provide to you (“you,” or “User”). Other agreements you have entered into with First Choice Credit Union, including the Membership and Account Agreement governing your First Choice Credit Union account, are incorporated by reference and made a part of this Agreement.
In this Remote Deposit Capture User Agreement (“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,” “Credit Union,” and FCCU mean First Choice Credit Union.
Services
The RDC services are designed to allow you to make deposits to your checking and savings accounts from home or other remote locations by scanning checks and delivering the images and associated deposit information to First Choice Credit Union or its designated processor. There is currently no charge for the RDC services.
Acceptance of these Terms
Your use of the RDC services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via e-mail or on our website(s) by providing a link to the revised Agreement. Your continued use of the RDC services will indicate your acceptance of the revised Agreement. Further, First Choice Credit Union reserves the right, in its sole discretion, to change, modify, add, or remove portions from the RDC services. Your continued use of the RDC services will indicate your acceptance of any such changes to the RDC services.
Limitations of Service
When using the RDC 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. Some of the RDC services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the RDC services, in whole or in part, or your use of the RDC services, in whole or in part, immediately and at any time without prior notice to you.
Eligible items
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 First Choice Credit Union shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in Wisconsin. You agree that you will not use the RDC services to scan and deposit any checks or other items as shown below:
• Checks or items payable to any person or entity other than you.
• Checks or items drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are an authorized signer or joint account holder.
• Checks or items containing obvious alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.
• Checks or items previously converted to a substitute check, as defined in Reg CC.
• Checks or items drawn on a financial institution located outside the United States.
• Checks or items that are remotely created checks, as defined in Reg CC.
• Checks or items not payable in United States currency.
• Any item issued by a non-U.S. financial institution.
• Checks or items dated more than 6 months prior to the date of deposit (post-dated).
• Checks or items those are “stale-dated”.
• Any savings bonds
• Any item that is stamped with a “non-negotiable” watermark;
• Checks or items prohibited by First Choice Credit Union’s current procedures relating to the RDC services or which are otherwise not acceptable under the terms of your First Choice Credit Union account.
Image Quality
The image of an item transmitted to First Choice Credit Union using the RDC services must be legible. The image quality of the items must comply with the requirements established from time to time by American National Standards Institute (ANSI), the Board of Governors of the Federal Reserve Board, or 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.
Endorsements
You agree to restrictively endorse any item transmitted through the RDC services as “For Remote Deposit Only” or as otherwise instructed by First Choice Credit Union. You agree to follow any and all other procedures and instructions for use of the RDC services as First Choice Credit Union may establish from time to time.
Receipt of Items
We reserve the right to reject any item transmitted through the RDC services, 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 First Choice Credit Union that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
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.
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.
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.
Business Days
Our business days are Monday through Friday excluding federal holidays.
Unavailability of Services
I understand and agree that the Services may at times be temporarily unavailable due to Credit Union system maintenance or technical difficulties including those of the Internet service provider and Internet software. In the event that the Services are unavailable, I acknowledge that I can deposit an original check at your branches or through your ATMs or by mailing the original check to you at First Choice Credit Union, 1614 East Fourth St, Marshfield, WI 54449. It is my sole responsibility to verify that items deposited using the RDC services have been received and accepted for deposit by FCCU. I understand that FCCU will email notification of items that are rejected by the next business day following rejection.
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.
Disposal of Transmitted Items
Upon your receipt of a confirmation from First Choice Credit Union that we have received the image of an item, you agree to prominently mark the item as “Electronically Presented” or “VOID” and to 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 First Choice Credit Union as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for First Choice Credit Union’s audit purposes.
Deposit Limits
We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the RDC services and to modify such limits from time to time.
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.
Hardware and Software
In order to use the RDC services, you must obtain and maintain, at your expense, compatible hardware and software as specified by First Choice Credit Union from time to time. To use the Service, you must have a supported mobile device (e.g., smartphone, iPad, etc.) with a supported camera and a supported operating system, have a data plan for your mobile device, and download the App to your mobile device. We do not guarantee that your particular mobile device, mobile device camera, mobile device operating system or mobile carrier will be compatible with the Service.  First Choice Credit Union is not responsible for any third party software you may need to use the RDC services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.
In Case of Errors
You agree to notify First Choice Credit Union of any suspected errors regarding items deposited through the RDC services right away, and in no event later than 60 days after the applicable First Choice Credit Union account statement is sent. Unless you notify First Choice Credit Union within 60 days, such statement regarding all deposits made through the RDC services shall be deemed correct, and you are prohibited from bringing a claim against First Choice Credit Union for such alleged error.
Presentment
The manner in which the items are cleared, presented for payment, and collected shall be in First Choice Credit Union sole discretion subject to the Membership and Account Agreement governing your account.
Ownership & License
You agree that First Choice Credit Union retains all ownership and proprietary rights in the RDC services, associated content, technology, and website(s). Your use of the RDC services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the RDC services. Without limiting the restriction of the foregoing, you may not use the RDC services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to First Choice Credit Union business interest, or (iii) to First Choice Credit Union actual or potential economic disadvantage in any aspect. You may use the RDC services only for non-business, personal use in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the RDC services.
DISCLAIMER OF WARRANTIES
YOU AGREE YOUR USE OF THE RDC 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 RDC SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE RDC 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 RDC 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 RDC SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS RDC SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF FIRST CHOICE CREDIT UNION HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
Confidentiality
I acknowledge and agree that confidential data relating to your Services, marketing, strategies, business operations and business systems (collectively, “Confidential Information”) may come into your possession in connection with this Agreement. I understand and agree that I am prohibited from disclosing and agree to maintain the confidentiality of your 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 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.
User warranties and indemnification
You warrant to First Choice Credit Union that:
• 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 First Choice Credit Union is accurate and true.
• You will comply with this Agreement and all applicable rules, laws and regulations.
• You agree to indemnify and hold harmless First Choice Credit Union from any loss for breach of this warranty provision.
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.
Other terms
You may not assign this Agreement. This RDC Agreement shall be governed by the laws of the State of Wisconsin and of the United States. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.
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.
Electronic Signature
This 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 Agreement and all of the terms and conditions contained or referenced in this 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 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 Agreement provided to you in electronic form. You may request a non-electronic copy of the Agreement by writing to First Choice Credit Union, 1614 East Fourth St, Marshfield, WI 54449.  Attn: “New Accounts”.
FEDERALLY INSURED BY NCUA
Revised: Feb. 23, 2021
Approved by Board: Feb 23, 2021