Mobile Deposit Agreement   Print

This Agreement contains the terms and conditions for the use of Langley Federal Credit Union's remote deposit capture service, Mobile Deposit, that Langley Federal Credit Union ("LFCU" "us" or "we"), it's partners or its affiliates may provide to you ("you" or "user") as a member of LFCU.  Other agreements you have entered into with LFCU, including the Depository Agreement and Disclosures governing your account, are incorporated by reference into this Agreement.

1. Services.  "Mobile Deposit Services" ("Services') means the software, hardware and procedures that allow you to electronically capture checks and deposits using a check scanning device and convert the checks and deposits into electronic images, balance the checks and deposits captured, electronically inspect images for quality and transmit the images to LFCU for deposit and forward collection.
2. Acceptance of these Terms.  Your use of the 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 Services will indicate your acceptance of the revised Agreement. Further, LFCU reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services.  Your continued use of the Services will indicate your acceptance of any such changes to the Services.
3. Limitation of Service.  When using the 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 Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice in LFCU's sole discretion. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you in LFCU's sole discretion.
4. Unavailability of Services.  You understand and agree that the Services may at times be temporarily unavailable due to LFCU's system maintenance or technical difficulties including those of the Internet service provider, cellular service provider and Internet software. In the event that the Services are unavailable, you acknowledge that you can deposit an original check at our branches or through LFCU ATMs or by mailing the original check to us at P.O. Box 7463, Hampton, VA 23666. It is your sole responsibility to verify that items deposited using the Services have been received and accepted for deposit by us.  However, we will notify you of items that are rejected following the rejection.
5. Business Day and Availability Disclosure. Our business days are Monday through Friday, except holidays. Our business hours are 8:30 a.m. to 5 p.m., Eastern Time, each business day.
6. Rejection of Deposit.  We are not liable for any service or late charges levied against you due to our rejection of any item.  In all cases, you are responsible for any loss or overdraft plus any applicable fees charged to your Account due to an item being returned.
7. 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 immediately debit the amount of such item from the Account.
8. Governing Transactions. Except as otherwise provided in this Agreement, LFCU will transmit and process the electronic entries initiated by the member in accordance with the rules of the Check 21 Act, FRB Regulation CC – 12 CFR 229, National Clearing House Association (NACHA), American National Standards X9 specification, Federal Reserve Bank, UCC Article 3 and 4 as adopted by the Commonwealth of Virginia and any network association agreements as are currently in effect and as amended from time to time (collectively such statutes, rules and agreements being, the "Rules").
   1. Examine Checks. LFCU will not examine Checks to verify any data or dates. LFCU will process the Check according to the amount entered by Member, if applicable, or by the numeric amount shown.
9. Eligible Items.  You agree to scan only checks as defined by 12 C.F.R. 229.2(c) or any other section of Regulation CC that might apply.  Furthermore, you agree to transmit scan and deposit checks in accordance with the Rules.  The image of a check transmitted by you will be deemed an "item" within the meaning of UCC Article 4.
   1. You will not initiate an electronic check entry without first being authorized as required by this Agreement or law, or in possession of a proper check, which is made payable to you.  You will retain the authorization form, check or substitute check as prescribed in this Agreement, and upon LFCU's request, will furnish LFCU or those regulatory agencies having jurisdiction over LFCU with a copy of the authorization, check or substitute check.
10. Unacceptable Deposits.  You agree not to use the Services to deposit the checks or items listed below or any other checks or items that are not defined above:
    1. Checks or items payable to any person or entity other than you.
    2. Checks or items drawn or otherwise issued by you, or any other person on any of your LFCU accounts, or any LFCU account on which you are an authorized signer or joint account holder.
    3. 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.
    4. Checks or items previously converted to a substitute check, as defined in Regulation CC.
    5. Checks or items drawn on a financial institution located outside the United States.
    6. Checks or items that are remotely created checks, as defined in Regulation CC.
    7. Checks or items not payable in United States currency.
    8. Checks or items dated more than 6 months prior to the date of deposit.
    9. Checks or any other items prohibited for deposit by current LFCU procedures, rules or otherwise unacceptable under the terms of your LFCU account.
11. Image Quality.  You agree to transmit legible images to LFCU that meet ANS X9 standards, the requirements of the Federal Reserve Board or the requirements of any other regulatory agency, clearing house or associations.  Images not meeting these standards may be rejected and returned to you without any liability for such rejection and/or return to LFCU.
12. Endorsement and Procedures.  You agree to endorse any item transmitted through the Services.
13. Availability of Funds.  You understand and agree the availability of deposits made using the Services will be available as set forth in the Funds Availability Policy.  You can view the Funds Availability Policy at https://www.langleyfcu.org/disclosures/funds-availability-policy.   At LFCU's discretion deposits made using the Services can be made available after LFCU receives payment for the funds submitted.   LFCU bases availability decisions on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as LFCU, in its sole discretion, deems relevant.
14. Email Address.  You agree to notify us immediately in writing if you change your email address, as this is the email address where we will send you a notification of rejection of remote deposit items.
15. Securing Images on Mobile Devices. When using LFCU Mobile Deposit Services, 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 promptly complete each deposit.  In the event that you are unable to promptly complete your deposit, 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.
16. Disposal of Transmitted Check or Item.  Upon the confirmation of the posting of the transaction to your account, you agree to prominently mark the item as "Electronically Presented" or "VOID" and save in your records for 90 days. Properly dispose of the item to ensure that it is not represented after 90 days.  
17. Deposit Limits.  Limits and numbers of deposits allowed are available at www.langleyfcu.org. We reserve the right to modify these limits from time to time in LFCU's sole discretion.
18. Periodic Statement.  Any remote deposits made through the Services will be reflected on your monthly account statement.  You understand and agree that you are required to notify us in writing 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 that you fail to bring to our attention within such time period.
19. Hardware and Software.  In order to use the Services, you must obtain and maintain, at your expense compatible hardware and software as specified by LFCU.   You can view the system specifications at https://www.langleyfcu.org/resources-deposit-a-check.
    1. LFCU reserves the right to modify hardware and software requirements from time to time in LFCU's sole discretion.  LFCU is not responsible for any third party software accepted by you. 
20. Errors.  LFCU will make every effort to assist you in resolving transmission and posting errors, but all adjustments will be made in accordance with LFCU's Depository Agreement with you and Regulation CC.
21. Accountholder's Indemnification Obligation.   You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys' 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.
22. Disclaimer of Warranties.   You agree that your use of the 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.  In no event shall LFCU, its officers, directors, agents and employees be liable or responsible for consequential, exemplary, punitive, special or incidental damages or losses, including lost profits (whether the claim is in contract, Tort, or otherwise, and whether or not LFCU was advised of the possibility of such losses or damages).  LFCU makes no representations or warranties, expressed or implied, in law or in fact, including without limitation the implied warranties or merchantability or fitness or suitability of any of the Services or software products for a particular purpose, or as to the suitability or compatibility of LFCU's software, equipment or communication interfaces with those used by you.
23. User Warranties and Indemnification.  You agree and warrant (regardless of whether the warrantee receives the substitute check or another paper or electronic form of the substitute check or original check) that no depositary institution, drawee, drawer, or endorser will receive presentment or return of the substitute check, the original check, or a copy or other paper or electronic version of the substitute check or original check such that the institution, drawee, drawer, or endorser will be asked to make a payment based on a check that the institution, drawee, drawer, or endorser has already paid.  You agree that you will maintain practices to ensure that the check images captured and transmitted to and through LFCU into its correspondent institutions, participating Image Exchange Network and the FRB meet all of the requirements as defined by Check 21 Act, Section 5, and will maintain operating procedures to ensure that the original checks and substitute checks transmitted are stored and destroyed in a timely manner to prevent the presentment of a check that a financial institution, drawee, drawer or endorser has paid.
24. Force Majeure. LFCU shall not be in breach of this Agreement in the event of non-performance due to an act of God, natural disaster, catastrophe, accident, fire, labor dispute, lockout, strike, riot, civil commotion, war, act of terrorism or public enemy, failure of technical facilities, or utility or communications delays or failures.
25. Governing Law.  You understand and agree that this Disclosure and Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia, notwithstanding any conflict-of-laws doctrines of such state or other jurisdiction to the contrary.  Each party hereby irrevocably submits to the exclusive jurisdiction of the Circuit Court of the City of Newport News, Virginia, in any action, suit or proceeding arising under this Agreement or any other documents, instruments and agreements required to be delivered pursuant hereto, and agrees that any such action, suit or proceeding shall be brought in such court (and waives any objection thereto).