Common use of Eligible Items Clause in Contracts

Eligible Items. You agree only to capture images of “checks” as that term is defined in Federal Reserve Regulation CC (“Reg. CC”). When the image is converted to an Image Replacement Document for subsequent presentment and collection, it shall be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code. a. Checks payable to anyone other than the owner of the account into which it is being deposited; b. Checks drawn or issued by you; or drawn by others against an account on which you are a joint owner or authorized signer; c. Checks containing any unauthorized alteration; d. Checks payable jointly, unless deposited into an account with the names of all payees; e. Checks previously converted to a substitute check, as defined in Reg. CC; f. Checks drawn on a foreign bank and/or that are not payable in United States currency; g. Checks that are payable on sight or payable through drafts, as defined in Reg. CC, or are remotely created checks, as defined in Reg. CC; h. Checks that are undated, post-dated, or are dated more than 6 months prior to the date of deposit; i. Checks with any endorsement on the back other than that specified in this Agreement; j. Checks that have previously been deposited by any remote capture or physical delivery; k. Checks or items that are drawn or otherwise issued by the U.S. Treasury Department; l. Checks that have previously been returned unpaid for any reason; m. Travelers Checks; n. Checks payable to “Cash”; o. Checks transmitted from outside the United States; p. Registered government warrants; q. Money Orders; or r. Checks that are prohibited by our current procedures relating to the mobile remote deposit capture feature, or which are otherwise not acceptable under your Deposit Account Agreement, or as we may otherwise determine in our sole discretion; s. Government checks of any type, state or federal. We may in our sole discretion, and without liability to you, refuse any check for any or no reason, or elect to take the check on a collection basis only. We reserve the right to charge back to your account, at any time, any item that we subsequently determine was an ineligible item. We are not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item

Appears in 2 contracts

Samples: Digital Banking Service Agreement, Digital Banking Service Agreement

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Eligible Items. In using RDS, you agree to scan and remotely deposit into a deposit Account checks (“Checks” or “Items”), as that term is defined in Article 4 of the New York Uniform Commercial Code (“UCC”) that is not an Ineligible Item, as defined below Federal Reserve Board Regulation CC (“Reg CC”). You agree only to capture images that you will not deposit, without our prior written consent, items prohibited by this Agreement, or in violation of applicable laws and/or regulations, or a checksSubstitute Check” as that term is defined in Federal Reserve Regulation CC by the Check Clearing for the 21st Century Act (“Reg. CC”also known as ‘Check 21’). When the image is converted , which are sometimes also referred to as an Image Replacement Document Documents (“IRD”), that purport to be a substitute check and has not been previously endorsed by a bank. If you deposit such an Ineligible Item, you agree to reimburse us for subsequent presentment any losses, costs and collectionexpenses we may incur associated with warranty, it or indemnity claims, including but not limited to, the duplicate payment of a Check. You agree that using RDS to transmit an image of a check to Dime for deposit to your Account shall be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code.UCC and you warrant that: • The item is eligible for deposit using RDS; • The item is not a duplicate of an item previously deposited; • You will not re-deposit or re-present the item; • All information you provide to Dime in connection with the item is accurate and true; • You are in compliance with this Agreement and with all applicable laws, rules and regulations; • You are not aware of any factor which may impair the collectability of the item; and • You will indemnify and hold harmless Dime from any loss resulting from any breach of this warrantyprovision. You agree that you will not use RDS to electronically present to Dime for deposit any of the following “Ineligible Items”: a. Checks a) Any check or item payable to anyone any person or entity other than you (i.e., a double endorsedcheck); b) Items that are issued by you or your affiliates drawn on your or your affiliates’ accounts; c) Any check or item containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect is fraudulent or otherwise not authorized by the owner of the account into on which it the check or item is being depositeddrawn; b. Checks drawn d) Any check or issued by you; or drawn by others against an account on which you are a joint owner or authorized signer; c. Checks containing any unauthorized alteration; d. Checks item payable jointly, unless deposited into an account with Account in the names name of all payees; e. Checks e) Any check previously converted to a substitute check, as defined in Reg. Xxx.XX; f) Any check drawn on a financial institution located outside the United States; g) Any check that is a ‘remotely created check’, as defined in Reg CC; f. Checks drawn on a foreign bank and/or that are h) Any check not payable in United States currency; g. Checks that are payable on sight or payable through drafts, as defined in Reg. CC, or are remotely created checks, as defined in Reg. CC; h. Checks that are undated, post-dated, or are i) Any check dated more than 6 months prior to the date of deposit; i. Checks with any endorsement on the back other than that specified in this Agreement; j. Checks that have previously been deposited by any remote capture j) Any check or physical delivery; k. Checks or items that are drawn or otherwise issued by the U.S. Treasury Department; l. Checks that have previously been returned unpaid for any reason; m. Travelers Checks; n. Checks payable to “Cash”; o. Checks transmitted from outside the United States; p. Registered government warrants; q. Money Orders; or r. Checks that are item prohibited by our Dime’s current procedures relating to RDS or which is not acceptable under the mobile terms of your Dime Account; k) Any check payable on sight or payable through draft, as defined in Reg. CC; l) Any check not properly endorsed as specified herein; or m) Any check that has previously been submitted through RDS or through a remote deposit capture feature, or which are otherwise not acceptable under your Deposit Account Agreement, or as we may otherwise determine in our sole discretion; s. Government checks of any type, state or federal. We may in our sole discretion, and without liability to you, refuse any check for any or no reason, or elect to take the check on a collection basis only. We reserve the right to charge back to your account, service offered at any time, any item that we subsequently determine was an ineligible item. We are not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible itemother financial institution.

Appears in 2 contracts

Samples: Online Banking Agreement, Online Banking Agreement

Eligible Items. You hereby agree that you will only to capture images of “checks” scan and deposit a check(s) as that term is defined in Federal Reserve Board Regulation CC (“Reg. Reg CC”). When You agree that the image Image of the check that is converted transmitted to an Image Replacement Document for subsequent presentment the Bank (each such check and collectionother item is referred to in this section as a “Check” and, it if more than one, “Checks”) shall be deemed an "item" within the meaning of Articles 3 and Article 4 of the Uniform Commercial Code. a. Code of the State of Utah. You also acknowledge and agree that Mobile Deposits that you make using this service are not “Electronic Fund Transfers” as that term is defined in Bureau of Consumer Financial Protection Regulation E. You further agree that you will not use Mobile Deposit to deposit any Checks or other items (considered ineligible or “Prohibited Checks”) that: • are payable to anyone any person or entity other than yourself or otherwise to the owner of the account into which it that the item is being deposited; b. Checks drawn deposited into, • are drawn, or issued otherwise issued, by you; you on any of your Mobile Deposit Accounts maintained at another financial institution, • are prohibited by Bank’s then current procedures pertaining to Mobile Deposit or drawn are in violation of any law, rule or regulation, • you know or suspect, or should know or suspect, are altered on the front of the item, fraudulent or otherwise not authorized by others against an account the owner of the Mobile Deposit Account on which you the Checks are drawn, • have not been previously endorsed by a joint owner bank and are either “substitute checks” (as defined in Reg CC or authorized signer; c. Checks containing any unauthorized alteration; d. Checks other applicable federal law or regulation) or “image replacement documents” that purport to be substitute checks, without Bank’s prior written consent, • are drawn on financial institutions that are located outside of the United States or Territories of the United States, • are payable jointly, unless deposited into an account with a deposit Account in the names name of all payees; e. Checks previously converted to a substitute check, as defined in Reg. CC; f. Checks drawn on a foreign bank and/or that are not payable in United States currency; g. Checks that are payable on sight or payable through draftsremotely created checks, as defined in Reg. CC, or are remotely created checkspayment orders, as defined • are not payable in Reg. CC; h. Checks that are undatedUnited States currency, post-dated, or are dated more than 6 six (6) months prior to the date of deposit; i. Checks with , • have any endorsement on the back other than that specified in this Agreement; j. Checks that section, • have previously been deposited by any remote capture submitted through Mobile Deposit or physical delivery; k. Checks or items that are drawn or otherwise issued by the U.S. Treasury Department; l. Checks that have previously been returned unpaid for any reason; m. Travelers Checks; n. Checks payable to “Cash”; o. Checks transmitted from outside the United States; p. Registered government warrants; q. Money Orders; or r. Checks that are prohibited by our current procedures relating to the mobile through a remote deposit capture featureservice oftered at any other financial institution, or which • money orders, • are otherwise not acceptable under your to Bank for deposit into a deposit Account as provided in the Account Agreement. • If you deposit a Prohibited Check, you agree to indemnify and reimburse the Bank for, and hold the Bank harmless from and against, any and all losses, costs and expenses (including reasonable attorneys’ fees) that the Bank may incur associated with any warrant, indemnity or other claim related thereto. Furthermore, if, after first having obtained the Bank’s written consent to do so, you provide the Bank with an electronic representation of a substitute Check for deposit into a Mobile Deposit Account Agreementinstead of an Original Check, or as we may otherwise determine in our sole discretion; s. Government checks of any type, state or federal. We may in our sole discretionyou agree to indemnify and reimburse the Bank for, and without liability to you, refuse any check for any or no reason, or elect to take hold the check on a collection basis only. We reserve the right to charge back to your account, at any timeBank harmless from and against, any item that we subsequently determine was an ineligible item. We are and all losses, costs and expenses (including reasonable attorneys’ fees) the Bank incurs because any such substitute check resulting from such electronic representation does not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible itemmeet applicable substitute check standards and/or causes duplicate payments.

Appears in 1 contract

Samples: Service Agreement

Eligible Items. You hereby agree that you will only to capture images of “checks” scan and deposit a check(s) as that term is defined in Federal Reserve Board Regulation CC (“Reg. Reg CC”). When You agree that the image Image of the check that is converted transmitted to an Image Replacement Document for subsequent presentment the Bank (each such check and collectionother item is referred to in this Addendum as a “Check” and, it if more than one, “Checks”) shall be deemed an "item" within the meaning of Articles 3 and Article 4 of the Uniform Commercial Code. a. Code (1990 Official Text). You also acknowledge and agree that Mobile Remote Deposits that you make using this Service are not “Electronic Fund Transfers” as that term is defined in Bureau of Consumer Financial Protection Regulation E. You further agree that you will not use the Service to deposit any Checks or other items (considered ineligible or “Prohibited Checks”) that: • are payable to anyone any person or entity other than yourself or otherwise to the owner of the account into which it that the item is being deposited; b. Checks drawn deposited into, • are prohibited by Bank's then current procedures pertaining to the Service or issued are in violation of any law, rule or regulation, • you know or suspect, or should know or suspect, are altered on the front of the item, fraudulent or otherwise not authorized by you; or drawn by others against an account the owner of the Mobile Deposit Account on which you the Checks are drawn, • have been previously endorsed by a joint owner bank and are either “substitute checks” (as defined in Reg CC or authorized signer; c. Checks containing any unauthorized alteration; d. Checks other applicable federal law or regulation) or “image replacement documents” that purport to be substitute checks, without Bank’s prior written consent, • are drawn on financial institutions that are located outside of the United States or Territories of the United States, • are payable jointly, unless deposited into an account with a deposit Account in the names name of all payees; e. Checks previously converted to a substitute check, as defined in Reg. CC; f. Checks drawn on a foreign bank and/or that are not payable in United States currency; g. Checks that are payable on sight or payable through draftsremotely created checks, as defined in Reg. CC, or are remotely created checkspayment orders, as defined • are not payable in Reg. CC; h. Checks that are undatedUnited States currency, post-dated, or are dated more than 6 six (6) months prior to the date of deposit; i. Checks with , • have any endorsement on the back other than that specified in this Agreement; j. Checks that Addendum, • have previously been deposited by any remote capture submitted through the Service or physical delivery; k. Checks or items that are drawn or otherwise issued by the U.S. Treasury Department; l. Checks that have previously been returned unpaid for any reason; m. Travelers Checks; n. Checks payable to “Cash”; o. Checks transmitted from outside the United States; p. Registered government warrants; q. Money Orders; or r. Checks that are prohibited by our current procedures relating to the mobile through a remote deposit capture featureservice offered at any other financial institution, or which are otherwise COMDATA-Comchek • are Postal Money Orders, and • are not acceptable under your to Bank for deposit into a deposit Account as provided in the Deposit Account Agreement. The preceding paragraph and list of ineligible items above will be posted on xxxxxx.xxx. If you deposit a Prohibited Check, or as we may otherwise determine in our sole discretion; s. Government checks of any type, state or federal. We may in our sole discretionyou agree to indemnify and reimburse Bank for, and without liability to you, refuse any check for any or no reason, or elect to take the check on a collection basis only. We reserve the right to charge back to your account, at any timehold Bank harmless from and against, any item and all losses, costs and expenses (including reasonable attorneys’ fees) that we subsequently determine was an ineligible item. We are not liable for any loss, costs, or fees you Bank may incur as associated with any warrant, indemnity or other claim related thereto. Furthermore, if, after first having obtained Bank’s written consent to do so, you provide Bank with an electronic representation of a result of our chargeback substitute Check for deposit into a Mobile Deposit Account instead of an ineligible itemOriginal Check, you agree to indemnify and reimburse Bank for, and hold Bank harmless from and against, any and all losses, costs and expenses (including reasonable attorneys’ fees) Bank incurs because any such substitute check resulting from such electronic representation does not meet applicable substitute check standards and/or causes duplicate payments.

Appears in 1 contract

Samples: Mobile Remote Deposit Service Addendum

Eligible Items. You hereby agree that you will only to capture images of “checks” scan and deposit a check(s) as that term is defined in Federal Reserve Regulation Board Regulations CC (“Reg. Reg CC”). When You agree that the image of the check that is converted transmitted to an Image Replacement Document for subsequent presentment the Bank (each such check and collectionother item is referred to in this Addendum as a “Check” and, it if more than one, “Checks”) shall be deemed an "item" within the meaning of Articles 3 and Article 4 of the Uniform Commercial Code. a. Code (1990 Official Text). You also acknowledge and agree that deposits that you make using the Mobile Check Deposit Services are not “Electronic Fund Transfers” as that term is defined in Consumer Financial Protection Bureau’s Regulation E. You further agree that you will not use the Mobile Check Deposit Service to deposit any Checks or other items (considered ineligible or “Prohibited Checks”) that: • are payable to anyone any person or entity other than yourself or otherwise to the owner of the account into which it that the item is being deposited; b. Checks drawn deposited into (i.e. a third-party check); • are insurance checks • are prohibited by our then-current procedures pertaining to the Mobile Check Deposit Service or issued are in violation of any law, rule or regulation; • you know or suspect, or should know or suspect , are altered on the front of the item, fraudulent or otherwise not authorized by you; or drawn by others against an the owner of the account on which you the Checks are drawn; • have been previously endorsed by a joint owner bank and are either “substitute checks” (as defined in Reg CC or authorized signer; c. Checks containing any unauthorized alteration; d. Checks other applicable federal law or regulation) or “image replacement documents” that purport to be substitute checks, without our prior written consent; • are drawn on financial institutions that are located outside of the United States or Territories of the United States; • are payable jointly, unless deposited into an a deposit account with in the names name of all payees; e. Checks previously converted to a substitute check, as defined in Reg. CC; f. Checks drawn on a foreign bank and/or that are not payable in United States currency; g. Checks that are payable on sight or payable through drafts, as defined in Reg. CC, or ; • are remotely created checks, as defined in Reg. Reg CC; h. Checks that are undated, post-dated, or are remotely created payment orders; • are not payable in United States currency; • are dated more than 6 six (6) months prior to the date of deposit; i. Checks with any deposit or contain a date in the future; • have endorsement on the back other than that specified in this AgreementAddendum; j. Checks that have previously been deposited by any remote capture submitted through the Mobile Check Deposit Service or physical delivery; k. Checks or items that are drawn or otherwise issued by the U.S. Treasury Department; l. Checks that have previously been returned unpaid for any reason; m. Travelers Checks; n. Checks payable to “Cash”; o. Checks transmitted from outside the United States; p. Registered government warrants; q. Money Orders; or r. Checks that are prohibited by our current procedures relating to the mobile through a remote deposit capture feature, or which service offered at any other financial institution; and • are otherwise not acceptable under your to us for deposit into a deposit account as provided in the Account Agreement. If you deposit a Prohibited Check, you agree to indemnify and reimburse us for, and hold us harmless from and against any and all losses, costs and expenses (including reasonable attorneys’ fees) that we may incur associated with any warrant, indemnity or other claim related thereto. Furthermore, if, after first having obtained our written consent to do so, you provide us with an electronic representation of a substitute Check for deposit into a Mobile Deposit Account Agreementinstead of an Original Check, or as we may otherwise determine in our sole discretion; s. Government checks of any type, state or federal. We may in our sole discretionyou agree to indemnify and reimburse us for, and without liability to you, refuse any check for any or no reason, or elect to take the check on a collection basis only. We reserve the right to charge back to your account, at any timehold us harmless from and against, any item that and all losses, costs and expenses (including reasonable attorneys’ fees) we subsequently determine was an ineligible item. We are incur because any such substitute check resulting from such electronic representation does not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible itemmeet applicable substitute check standards and/or causes duplicate payments.

Appears in 1 contract

Samples: Mobile Services Addendum

Eligible Items. You hereby agree that you will only to capture images of “checks” scan and deposit a check(s) as that term is defined in Federal Reserve Board Regulation CC (“Reg. Reg CC”). When You agree that the image Image of the check that is converted transmitted to an Image Replacement Document for subsequent presentment the Credit Union (each such check and collectionother item is referred to in this section as a “Check” and, it if more than one, “Checks”) shall be deemed an "item" within the meaning of Articles 3 and Article 4 of the Uniform Commercial Code. a. Code of the Commonwealth of Massachusetts. You also acknowledge and agree that Mobile Deposits that you make using this service are not “Electronic Fund Transfers” as that term is defined in Bureau of Consumer Financial Protection Regulation E. You further agree that you will not use Mobile Deposit to deposit any Checks or other items (considered ineligible or “Prohibited Checks”) that: o are payable to anyone any person or entity other than yourself or otherwise to the owner of the account into which it that the item is being deposited; b. Checks drawn deposited into, o are drawn, or issued otherwise issued, by you; you on any of your Mobile Deposit Accounts maintained at another financial institution, o are prohibited by Credit Union’s then current procedures pertaining to Mobile Deposit or drawn are in violation of any law, rule or regulation, o you know or suspect, or should know or suspect, are altered on the front of the item, fraudulent or otherwise not authorized by others against an account the owner of the Mobile Deposit Account on which you the Checks are drawn, o have not been previously endorsed by a joint owner Credit Union and are either “substitute checks” (as defined in Reg CC or authorized signer; c. Checks containing any unauthorized alteration; d. Checks other applicable federal law or regulation) or “image replacement documents” that purport to be substitute checks, without Credit Union’s prior written consent, o are drawn on financial institutions that are located outside of the United States or Territories of the United States, o are payable jointly, unless deposited into an account with a deposit Account in the names name of all payees; e. Checks previously converted to a substitute check, as defined in Reg. CC; f. Checks drawn on a foreign bank and/or that o are not payable in United States currency; g. Checks that are payable on sight or payable through draftsremotely created checks, as defined in Reg. CC, or are remotely created checkspayment orders, as defined o are not payable in Reg. CC; h. Checks that are undatedUnited States currency, post-dated, or o are dated more than 6 six (6) months prior to the date of deposit; i. Checks with , o have any endorsement on the back other than that specified in this Agreement; j. Checks that section, o have previously been deposited by any remote capture submitted through Mobile Deposit or physical delivery; k. Checks or items that are drawn or otherwise issued by the U.S. Treasury Department; l. Checks that have previously been returned unpaid for any reason; m. Travelers Checks; n. Checks payable to “Cash”; o. Checks transmitted from outside the United States; p. Registered government warrants; q. Money Orders; or r. Checks that are prohibited by our current procedures relating to the mobile through a remote deposit capture featureservice offered at any other financial institution, or which o money orders, o are otherwise not acceptable under your to Credit Union for deposit into a deposit Account as provided in the Account Agreement. If you deposit a Prohibited Check, you agree to indemnify and reimburse the Credit Union for, and hold the Credit Union harmless from and against, any and all losses, costs and expenses (including reasonable attorneys’ fees) that the Credit Union may incur associated with any warrant, indemnity or other claim related thereto. Furthermore, if, after first having obtained the Credit Union’s written consent to do so, you provide the Credit Union with an electronic representation of a substitute Check for deposit into a Mobile Deposit Account Agreementinstead of an Original Check, or as we may otherwise determine in our sole discretion; s. Government checks of any type, state or federal. We may in our sole discretionyou agree to indemnify and reimburse the Credit Union for, and without liability to you, refuse any check for any or no reason, or elect to take hold the check on a collection basis only. We reserve the right to charge back to your account, at any timeCredit Union harmless from and against, any item that we subsequently determine was an ineligible item. We are and all losses, costs and expenses (including reasonable attorneys’ fees) the Credit Union incurs because any such substitute check resulting from such electronic representation does not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible itemmeet applicable substitute check standards and/or causes duplicate payments.

Appears in 1 contract

Samples: Electronic Records Disclosure and Service Agreement

Eligible Items. You agree only to capture images of “checks” as that term is defined in Federal Reserve Regulation CC (“Reg. CC”). When the image is converted to an Image Replacement Document for subsequent presentment and collection, it shall be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code. a. Checks payable to anyone other than the owner of the account into which it is being deposited; b. Checks drawn or issued by you; or drawn by others against on an account held with Bank (a check drawn on which another Division is permitted) that you own solely or jointly, and/or you are a joint owner or an authorized signersigner on; c. Checks containing any unauthorized alteration; d. Checks payable jointly, unless deposited into an account with the names of all payees; e. Checks previously converted to a substitute check, as defined in Reg. CC; f. Checks drawn on a foreign bank and/or that are not payable in United States currency; g. Checks that are payable on sight or payable through drafts, as defined in Reg. CC, or are remotely created checks, as defined in Reg. CC; h. Checks that are undated, post-dated, or are dated more than 6 months prior to the date of deposit; i. Checks with any endorsement on the back other than that specified in this Agreement; j. Checks that have previously been deposited by any remote capture or physical delivery; k. Checks or items that are drawn or otherwise issued by the U.S. Treasury Department; l. Checks that have previously been returned unpaid for any reason; m. Travelers Checks; n. Checks payable to “Cash”; o. Checks transmitted from outside the United States; p. Registered government warrants; ; q. Money Orders; or r. Checks that are prohibited by our current procedures relating to the mobile remote deposit capture feature, or which are otherwise not acceptable under your Deposit Account Agreement, or as we may otherwise determine in our sole discretion; s. Government checks of any type, state or federal. We may in our sole discretion, and without liability to you, refuse any check for any or no reason, or elect to take the check on a collection basis only. We reserve the right to charge back to your account, at any time, any item that we subsequently determine was an ineligible item. We are not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item

Appears in 1 contract

Samples: Digital Banking Service Agreement

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Eligible Items. You hereby agree that you will only to capture images of “checks” scan and deposit a check(s) as that term is defined in Federal Reserve Board Regulation CC (“Reg. Reg CC”). When You agree that the image Image of the check that is converted transmitted to an Image Replacement Document for subsequent presentment the Bank (each such check and collectionother item is referred to in this section as a “Check” and, it if more than one, “Checks”) shall be deemed an "item" within the meaning of Articles 3 and Article 4 of the Uniform Commercial Code. a. Code of the State of Arkansas. You also acknowledge and agree that Mobile Deposits that you make using this service are not “Electronic Fund Transfers” as that term is defined in Bureau of Consumer Financial Protection Regulation E. You further agree that you will not use Mobile Deposit to deposit any Checks or other items (considered ineligible or “Prohibited Checks”) that: • any payable to anyone any person or entity other than yourself or otherwise to the owner of the account into which it that the item is being deposited; b. Checks drawn deposited into; • are drawn, or issued otherwise issued, by youyou on any of your Mobile Deposit Accounts maintained at another financial institution; • are prohibited by Bank’s then current procedures pertaining to Mobile Deposit or drawn are in violation of any law, rule or regulation; • you know or suspect, or should know or suspect, are altered on the front of the item, fraudulent or otherwise not authorized by others against an account the owner of the Mobile Deposit Account on which you the Checks are drawn; • have not been previously endorsed by a joint owner bank and are either “substitute checks” (as defined in Reg CC or authorized signer; c. Checks containing any unauthorized alteration; d. Checks other applicable federal law or regulation) or “image replacement documents” that purport to be substitute checks, without Bank’s prior written consent; • are drawn on financial institutions that are located outside of the United States or Territories of the United States; • are payable jointly, unless deposited into an account with a deposit Account in the names name of all payees; e. Checks previously converted to a substitute check, as defined in Reg. CC; f. Checks drawn on a foreign bank and/or that are not payable in United States currency; g. Checks that are payable on sight or payable through drafts, as defined in Reg. CC, or ; • are remotely created checks, as defined in Reg. Reg CC; h. Checks that are undated, post-dated, or are remotely created payment orders; • are not payable in United States currency; • are dated more than 6 six (6) months prior to the date of deposit; i. Checks with ; • have any endorsement on the back other than that specified in this Agreementsection; j. Checks that have previously been deposited by any remote capture submitted through Mobile Deposit or physical delivery; k. Checks or items that are drawn or otherwise issued by the U.S. Treasury Department; l. Checks that have previously been returned unpaid for any reason; m. Travelers Checks; n. Checks payable to “Cash”; o. Checks transmitted from outside the United States; p. Registered government warrants; q. Money Orders; or r. Checks that are prohibited by our current procedures relating to the mobile through a remote deposit capture feature, service offered at any other financial institution; • money orders; or which are otherwise not acceptable under your to Bank for deposit into a deposit Account as provided in the Account Agreement. If you deposit a Prohibited Check, you agree to indemnify and reimburse the Bank for, and hold the Bank harmless from and against, any and all losses, costs and expenses (including reasonable attorneys’ fees) that the Bank may incur associated with any warrant, indemnity or other claim related thereto. Furthermore, if, after first having obtained the Bank’s written consent to do so, you provide the Bank with an electronic representation of a substitute Check for deposit into a Mobile Deposit Account Agreementinstead of an Original Check, or as we may otherwise determine in our sole discretion; s. Government checks of any type, state or federal. We may in our sole discretionyou agree to indemnify and reimburse the Bank for, and without liability to you, refuse any check for any or no reason, or elect to take hold the check on a collection basis only. We reserve the right to charge back to your account, at any timeBank harmless from and against, any item that we subsequently determine was an ineligible item. We are and all losses, costs and expenses (including reasonable attorneys’ fees) the Bank incurs because any such substitute check resulting from such electronic representation does not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible itemmeet applicable substitute check standards and/or causes duplicate payments.

Appears in 1 contract

Samples: Online Banking and Bill Pay Services Agreement

Eligible Items. You hereby agree that you will only to capture images of “checks” scan and deposit a check(s) as that term is defined in Federal Reserve Board Regulation CC (“Reg. Reg CC”). When You agree that the image Image of the check that is converted transmitted to an Image Replacement Document for subsequent presentment the Bank (each such check and collectionother item is referred to in this section as a “Check” and, it if more than one, “Checks”) shall be deemed an "item" within the meaning of Articles 3 and Article 4 of the Uniform Commercial Code. a. Code of the Commonwealth of Massachusetts. You also acknowledge and agree that Mobile Deposits that you make using this service are not “Electronic Fund Transfers” as that term is defined in Bureau of Consumer Financial Protection Regulation E. You further agree that you will not use Mobile Deposit to deposit any Checks or other items (considered ineligible or “Prohibited Checks”) that:  are payable to anyone any person or entity other than yourself or otherwise to the owner of the account into which it that the item is being deposited; b. Checks drawn deposited into,  are drawn, or issued otherwise issued, by you; you on any of your Mobile Deposit Accounts maintained at another financial institution,  are prohibited by Bank's then current procedures pertaining to Mobile Deposit or drawn are in violation of any law, rule or regulation,  you know or suspect, or should know or suspect, are altered on the front of the item, fraudulent or otherwise not authorized by others against an account the owner of the Mobile Deposit Account on which you the Checks are drawn,  have not been previously endorsed by a joint owner bank and are either “substitute checks” (as defined in Reg CC or authorized signer; c. Checks containing any unauthorized alteration; d. Checks other applicable federal law or regulation) or “image replacement documents” that purport to be substitute checks, without Bank’s prior written consent,  are drawn on financial institutions that are located outside of the United States or Territories of the United States,  are payable jointly, unless deposited into an account with a deposit Account in the names name of all payees; e. Checks previously converted to a substitute check, as defined in Reg. CC; f. Checks drawn on a foreign bank and/or that are not payable in United States currency; g. Checks that are payable on sight or payable through draftsremotely created checks, as defined in Reg. CC, or are remotely created checkspayment orders, as defined  are not payable in Reg. CC; h. Checks that are undatedUnited States currency, post-dated, or are dated more than 6 six (6) months prior to the date of deposit; i. Checks with ,  have any endorsement on the back other than that specified in this Agreement; j. Checks that section,  have previously been deposited by submitted through Mobile Deposit or through a remote deposit capture service offered at any remote capture or physical delivery; k. Checks or items that other financial institution,  are drawn or otherwise issued by the U.S. Treasury Department; l. Checks that have previously been returned unpaid for any reason; m. Travelers Checks; n. Checks payable to “Cash”; o. Checks transmitted from outside the United States; p. Registered government warrants; q. Money Orders; or r. Checks that , and  are prohibited by our current procedures relating to the mobile remote deposit capture feature, or which are otherwise not acceptable under your to Bank for deposit into a deposit Account as provided in the Account Agreement. If you deposit a Prohibited Check, you agree to indemnify and reimburse the Bank for, and hold the Bank harmless from and against, any and all losses, costs and expenses (including reasonable attorneys’ fees) that the Bank may incur associated with any warrant, indemnity or other claim related thereto. Furthermore, if, after first having obtained the Bank’s written consent to do so, you provide the Bank with an electronic representation of a substitute Check for deposit into a Mobile Deposit Account Agreementinstead of an Original Check, or as we may otherwise determine in our sole discretion; s. Government checks of any type, state or federal. We may in our sole discretionyou agree to indemnify and reimburse the Bank for, and without liability to you, refuse any check for any or no reason, or elect to take hold the check on a collection basis only. We reserve the right to charge back to your account, at any timeBank harmless from and against, any item that we subsequently determine was an ineligible item. We are and all losses, costs and expenses (including reasonable attorneys’ fees) the Bank incurs because any such substitute check resulting from such electronic representation does not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible itemmeet applicable substitute check standards and/or causes duplicate payments.

Appears in 1 contract

Samples: Online Banking Services Agreement

Eligible Items. You hereby agree that you will only to capture images of “checks” scan and deposit a check(s) as that term is defined in Federal Reserve Board Regulation CC (“Reg. Reg CC”). When You agree that the image Image of the check that is converted transmitted to an Image Replacement Document for subsequent presentment the Bank (each such check and collectionother item is referred to in this Addendum as a “Check” and, it if more than one, “Checks”) shall be deemed an "item" within the meaning of Articles 3 and Article 4 of the Uniform Commercial Code. a. Code (1990 Official Text). You also acknowledge and agree that Mobile Remote Deposits that you make using this Service are not “Electronic Fund Transfers” as that term is defined in Bureau of Consumer Financial Protection Regulation E. You further agree that you will not use the Service to deposit any Checks or other items (considered ineligible or “Prohibited Checks”) that:  are payable to anyone any person or entity other than yourself or otherwise to the owner of the account into which it that the item is being deposited; b. Checks drawn deposited into,  are prohibited by Bank's then current procedures pertaining to the Service or issued are in violation of any law, rule or regulation,  you know or suspect, or should know or suspect, are altered on the front of the item, fraudulent or otherwise not authorized by you; or drawn by others against an account the owner of the Mobile Deposit Account on which you the Checks are drawn,  have been previously endorsed by a joint owner bank and are either “substitute checks” (as defined in Reg CC or authorized signer; c. Checks containing any unauthorized alteration; d. Checks other applicable federal law or regulation) or “image replacement documents” that purport to be substitute checks, without Bank’s prior written consent,  are drawn on financial institutions that are located outside of the United States or Territories of the United States,  are payable jointly, unless deposited into an account with a deposit Account in the names name of all payees; e. Checks previously converted to a substitute check, as defined in Reg. CC; f. Checks drawn on a foreign bank and/or that are not payable in United States currency; g. Checks that are payable on sight or payable through draftsremotely created checks, as defined in Reg. CC, or are remotely created checkspayment orders, as defined  are not payable in Reg. CC; h. Checks that are undatedUnited States currency, post-dated, or are dated more than 6 six (6) months prior to the date of deposit; i. Checks with ,  have any endorsement on the back other than that specified in this Agreement; j. Checks that Addendum,  have previously been deposited by any remote capture submitted through the Service or physical delivery; k. Checks or items that are drawn or otherwise issued by the U.S. Treasury Department; l. Checks that have previously been returned unpaid for any reason; m. Travelers Checks; n. Checks payable to “Cash”; o. Checks transmitted from outside the United States; p. Registered government warrants; q. Money Orders; or r. Checks that are prohibited by our current procedures relating to the mobile through a remote deposit capture featureservice offered at any other financial institution, or which are otherwise COMDATA-Comchek  are Postal Money Orders, and  are not acceptable under your to Bank for deposit into a deposit Account as provided in the Deposit Account Agreement. The preceding paragraph and list of ineligible items above will be posted on xxxxxx.xxx. If you deposit a Prohibited Check, or as we may otherwise determine in our sole discretion; s. Government checks of any type, state or federal. We may in our sole discretionyou agree to indemnify and reimburse Bank for, and without liability to you, refuse any check for any or no reason, or elect to take the check on a collection basis only. We reserve the right to charge back to your account, at any timehold Bank harmless from and against, any item and all losses, costs and expenses (including reasonable attorneys’ fees) that we subsequently determine was an ineligible item. We are not liable for any loss, costs, or fees you Bank may incur as associated with any warrant, indemnity or other claim related thereto. Furthermore, if, after first having obtained Bank’s written consent to do so, you provide Bank with an electronic representation of a result of our chargeback substitute Check for deposit into a Mobile Deposit Account instead of an ineligible itemOriginal Check, you agree to indemnify and reimburse Bank for, and hold Bank harmless from and against, any and all losses, costs and expenses (including reasonable attorneys’ fees) Bank incurs because any such substitute check resulting from such electronic representation does not meet applicable substitute check standards and/or causes duplicate payments.

Appears in 1 contract

Samples: Mobile Remote Deposit Service Addendum

Eligible Items. You hereby agree that you will only scan and deposit a check(s) as that term is defined in Federal Reserve Board Regulation CC (“Reg CC”). You agree only that the Image of the check that is transmitted to capture images ECU (each such check and other item is referred to in this Addendum as a “Check” and, if more than one, “Checks”) shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code (1990 Official Text). You also acknowledge and agree that Mobile Remote Deposits that you make using this Service are not checksElectronic Fund Transfers” as that term is defined in Federal Reserve Board Regulation CC E. You further agree that you will not use the Service to deposit any Checks or other items (considered ineligible or Reg. CCProhibited Checks). When the image is converted to an Image Replacement Document for subsequent presentment and collection, it shall be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code. a. Checks ) that: • are payable to anyone any person or entity other than yourself or otherwise to the owner of the account into which it that the item is being deposited; b. Checks drawn deposited into, • are prohibited by Energy Credit Union’s then current procedures pertaining to the Service or issued are in violation of any law, rule or regulation, • you know or suspect, or should know or suspect, are altered on the front of the item, fraudulent or otherwise not authorized by you; or drawn by others against an account the owner of the Mobile Deposit Account on which you the Checks are a joint owner or authorized signer; c. Checks containing any unauthorized alteration; d. Checks payable jointlydrawn, unless deposited into an account with the names of all payees; e. Checks previously converted to a substitute check, as defined in Reg. CC; f. Checks • are drawn on a foreign bank and/or financial institutions that are not payable in located outside of the United States currency; g. Checks that or Territories of the United States, • are payable on sight or payable through draftsremotely created checks, as defined in Reg. CC, or are remotely created checkspayment orders, as defined • are not payable in Reg. CC; h. Checks that are undatedUnited States currency, post-dated, or are dated more than 6 months prior to the date of deposit; i. Checks with • have any endorsement on the back other than that specified in this Agreement; j. Checks that Addendum, • have previously been deposited by any remote capture submitted through the Service or physical delivery; k. Checks or items that are drawn or otherwise issued by the U.S. Treasury Department; l. Checks that have previously been returned unpaid for any reason; m. Travelers Checks; n. Checks payable to “Cash”; o. Checks transmitted from outside the United States; p. Registered government warrants; q. Money Orders; or r. Checks that are prohibited by our current procedures relating to the mobile through a remote deposit capture featureservice offered at any other financial institution, or which are otherwise not acceptable under your Deposit to Energy Credit Union for deposit into a deposit Account as pro- vided in the Account Agreement, or as we may otherwise determine in our sole discretion; s. Government checks of any typeIf you deposit a Prohibited Check, state or federal. We may in our sole discretionyou agree to indemnify and reimburse ECU for, and without liability to you, refuse any check for any or no reason, or elect to take the check on a collection basis only. We reserve the right to charge back to your account, at any timehold ECU harmless from and against, any item and all losses, costs and expenses (including reasonable attorneys’ fees) that we subsequently determine was an ineligible item. We are not liable for any loss, costs, or fees you ECU may incur as associated with any warrant, indemnity or other claim related thereto. Furthermore, if, after first having obtained ECU’s writ- ten consent to do so, you provide ECU with an electronic representation of a result of our chargeback substitute Check for deposit into a Mobile Deposit Account instead of an ineligible itemOriginal Check, you agree to indemnify and reimburse ECU for, and hold ECU harmless from and against, any and all losses, costs and expenses (including reasonable attorneys’ fees) ECU incurs because any such substitute check resulting from such electronic representation does not meet applicable substitute check standards and/or causes duplicate payments.

Appears in 1 contract

Samples: Membership and Account Agreement

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