Pinellas FCU Mobile and Remote Deposit Use Agreement
Pinellas FCU Mobile Terms of Service
Description of Service: Pinellas FCU Mobile is offered as a convenience and supplemental service to our WebConnect online banking services (WebConnect). It is not intended to replace access to WebConnect from your personal computer or other methods you use for managing your accounts and service with us. Pinellas FCU Mobile allows you to access your Pinellas Federal Credit Union (PFCU) account information, to make payments on your PFCU loan, to deposit checks and to transfer funds. To utilize the Pinellas FCU Mobile service, you must have registered an active email address with PFCU WebConnect. We reserve the right to limit the types and number of accounts eligible and the right to refuse to make any transaction you request through Pinellas FCU Mobile. We may also reserve the right to modify the scope of the Service at any time.
Pinellas FCU Mobile may not be accessible or may have limited utility over some network carriers. In addition, the Service may not be supportable for all Devices. PFCU cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or “out of range” issues.
Other Agreements: You agree that, when you use Pinellas FCU Mobile, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including but not limited to, your mobile service provider and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Pinellas FCU Mobile (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Pinellas FCU Mobile) and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us. Any deposit account, loan or other banking product accessed through this Service is also subject to the Important Account Information brochure (Account Disclosures) provided at the time of Account opening. You should review the Account Disclosures carefully, as they may include transaction limitations and fees which might apply to your use of Pinellas FCU Mobile.
Permitted Pinellas FCU Mobile Transfers: You may use the Service to transfer funds between your eligible PFCU accounts (Internal Transfer). You may transfer to or from an Account at another financial institution using Pinellas FCU Mobile after completing verification process of external accounts.
You must have sufficient funds available in the selected account at the time the transfer request is received, including any available overdraft protection. We may process transfers that exceed your available balances at our sole discretion. If we process the transfer, you agree to cover any overdraft amount plus any applicable fees. Federal regulations require financial institutions to limit the way withdrawals may be made from a savings or money market account. Each transfer from a savings account using Pinellas FCU Mobile is counted as one of the six limited transactions permitted each monthly statement cycle period, as described in the Account Disclosures. You may be subject to fees or account conversion if you exceed the transaction limits of your Account using Pinellas FCU Mobile or any other methods outlined in your Account Disclosures.
We may also limit the type, frequency and amount of transfers for security purposes and may change or impose the limits without notice. You agree to confirm the completion of each transfer in your account balance and transaction history before withdrawing transferred funds.
Your Responsibilities: You represent and agree to the following by enrolling for Pinellas FCU Mobile or by using the Service: Account Ownership/Accurate Information: You represent that you are the legal owner of the Accounts and other financial information which may be accessed via Pinellas FCU Mobile. You represent and agree that all information you provide to us in connection with Pinellas FCU Mobile is accurate, current and complete and that you have the right to provide such information to us for the purpose of using Pinellas FCU Mobile. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You represent that you are an authorized user of the Device you will use to access Pinellas FCU Mobile.
User Security: You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using Pinellas FCU Mobile. You agree not to leave your Device unattended while logged into Pinellas FCU Mobile and to log off immediately at the completion of each access by you. You agree not to provide your username, password or other access information to any unauthorized person. If you permit other persons to use your Device, login information or other means to access Pinellas FCU Mobile, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you.
User Conduct: You agree not to use Pinellas FCU Mobile or the content of information delivered through Pinellas FCU Mobile in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to, use of Pinellas FCU Mobile to impersonate another person or entity; (c) violate any law, statute ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Pinellas FCU Mobile; (i) interfere with or disrupt the use of Pinellas FCU Mobile by any other user; or (j) use Pinellas FCU Mobile in such a manner as to gain unauthorized entry or access to the computer systems of others.
No Commercial Use or Re-Sale: You agree that the Service is only for the personal or business use of individuals authorized to access your account information. You agree not to make any commercial use of Pinellas FCU Mobile or resell, lease, rent or distribute access to Pinellas FCU Mobile.
Indemnification: Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless PFCU its affiliates, officers, directors, employees, consultants, agents, service providers and licensors from any and all third party claims, liability, damages, expenses and costs (including but not limited to, reasonable attorneys’ fees) caused by or arising from (a) a third party claim, dispute, action or allegation of infringement, misuse or misappropriation based on information, data, files or otherwise in connection with the Service; (b) your violation of any law or rights of a third party; or (c) your use or use by a third party, of Pinellas FCU Mobile.
Pinellas FCU Remote Deposit Capture Terms of Service
Pinellas Federal Credit Union (PFCU), a federally-chartered credit union, the “Member” defined below, hereby enter into, as of the date PFCU grants access to the Services (Effective Date), this Remote Deposit Capture Agreement (Agreement) consisting of General Terms and Conditions, Exhibits and any amendments attached hereto or hereafter by mutual consent of the parties and incorporated by this reference.
Remote Deposit Capture General Terms and Conditions
Agreement: This Agreement establishes the rules that govern the processing of deposited Checks through Member’s Account(s) at PFCU using Remote Deposit Services (Services). From time to time, PFCU may amend any of the terms and conditions contained in this Agreement. Such amendments shall become effective as stated on any notice sent to You, the Member. Examples of such notices might include but are not limited to, newsletters, disclosures, emails, etc.
By using the Services, You accept all the terms and conditions of this Agreement. Please read it carefully.
The terms and conditions of Member’s Membership Agreement and the Truth-In-Savings Schedule for Member’s deposit Accounts and each of Member’s loan agreements continue to apply notwithstanding anything to the contrary in this Agreement.
Rules, Laws and Regulations: You agree to abide by and comply with all local, state and federal rules, laws and regulations, including but not limited to, Regulation CC (Expedited Funds Availability Act), its Subparts B, C and D (Subpart D implements the Check Clearing for the 21st Century Act (Check 21 Act), Bank Secrecy Act (BSA) and laws administered by the United States of America which are in existence as of the date of this Agreement and as amended from time to time.
Definitions: In addition to all the other terms defined herein, the following terms shall have the following meanings:
- “We”, “Our”, “Us”, “Credit Union” and PFCU shall mean Pinellas Federal Credit Union, its employees, directors, officers, representatives and agents.
- “You”, “Your” and “Member” shall mean the Accountholder authorized by PFCU to use the Services and any User authorized to exercise control over funds deposited in Member’s Account through the Remote Deposit program.
- “Account” or “Accounts” shall mean the individual checking, savings share(s) deposited with PFCU through the Remote Deposit program.
- “Check” or “Checks” shall mean negotiable demand draft(s) drawn or payable through an office of a United States-based financial institution, as well as demand draft(s) drawn on a Federal Reserve Bank or a Federal Home Loan Bank or on the Treasury of the United States. Check(s) include original check(s) and substitute check(s). Check(s) do not include non-cash items payable in a medium other than United States dollars. A draft may be a Check even though it is described on its face by another term; e.g., “money order”.
- “Image Item” or “Image Items” means digitized image(s) of Check(s) that are created by you and transmitted to PFCU using the Services.
- “Services” means any of the Remote Deposit functions offered and/or used by you in connection with this Agreement, including optional and future services added by an addendum.
- “System” means the program that is maintained by PFCU or other third parties that you connect to through the internet in order to access the Services.
Services and Funds Availability: Once approved for the Remote Deposit program, you may use the Services to deposit Checks into your Account(s) with PFCU, subject to the terms of this Agreement. Checks deposited through the Services will be converted to Image Items for processing. The Services are subject to transaction limitations and the Funds Availability Disclosure, as set forth in the Account Disclosures and Truth-In-Savings schedule that govern the use of your Account. The Funds Availability Disclosure also includes the following provisions as it relates to Mobile or Remote Deposits:
Checks totaling up to $6,000 may be deposited on any one (1) business day. Irrespective of the aggregate total dollar amount of check deposits made in any one business day, no more than ten (10) checks and no more than $6,000 will be accepted in one business day. “Business Day” is defined as normally accepted banking business days, Monday through Friday, 9am-5pm Eastern Standard Time, excluding PFCU holidays as posted on our Website.
All remote deposits will be held for five (5) business days (including the day of deposit) unless you qualify for immediate funds availability as outlined below.
On memberships that have been open less than one (1) year, up to $500 will be made available to you on the day we receive the deposit(s) IF you have a checking account AND have a certificate, loan or Money Market Account. All amounts deposited in excess of $500 per day may be held for five (5) business days (including the day of deposit). If we are not going to make all of the funds from your deposit available as described herein, We will notify You of longer delays as required by the Funds Availability Disclosure.
On memberships that have been opened one (1) year or longer, up to $500 will be made available to you on the day we receive the deposit(s) IF you have at least one other account in addition to your primary savings account. All amounts deposited in excess of $500 per day may be held for five (5) business days (including the day of deposit). If we are not going to make all of the funds from your deposit available as described herein, We will notify you of longer delays as required by the Funds Availability Disclosure.
Checks submitted for Remote Deposit MUST be properly endorsed by the recipient and MUST include the words, “Mobile Deposit Only”. Otherwise, the deposit may be completely rejected and your Account not credited.
By using the Services, you agree to receive any notice of longer delay via electronic communications (email to the email address provided in your Account record on file with PFCU or messages within WebConnect or the Pinellas FCU Mobile application).
Access: To use Remote Deposit Services, you must have a compatible mobile device with our system, access to telecommunication services necessary for the Service. Application upgrades may be required from time-to-time for continued use of the Service.
Equipment or System Failure: In the event of a system failure, you agree that, in order to deposit your checks, you must deliver them directly to a PFCU branch office for processing. If the checks were scanned prior to the system failure, you must contact us before delivering the checks to a branch office for processing.
Hours of Access: Services are available 24 hours per day, 7 days per week, although some or all services may not be available occasionally due to emergency or scheduled system maintenance. We agree to post notice of any extended periods of non-availability on PFCU’s website.
Transmission Deadlines: Image Item deposits received by PFCU via the System before 5:00 pm Eastern Standard Time on a regular business day are posted to Member’s Account the same day. Deposits completed after 5:00 pm Eastern Standard Time or on a non-business day (e.g., holiday or weekend) may be posted on the next PFCU business day. In the event that we receive an Image Item from you on a day that is not a business day or at a time which is after the applicable processing cutoff hour for a business day, the Image Item is deemed to have been received by us on the next business day. “Business day” shall mean Monday through Friday during which time PFCU is open for business, except observed Federal holidays. The Federal Reserve and/or PFCU will be closed on non-business days.
Authorized Users: PFCU shall be entitled to rely on the apparent authority of any person who accesses the services using valid Member and User login IDs and passwords. This includes persons who may not be signers on Member’s Account. Except as otherwise provided by law, you will indemnify PFCU and hold it harmless for any loss or expense caused by any person with the apparent authority to access the Services. You agree to provide each authorized user a copy of these terms in connection with their use of the Services. PFCU may elect to verify the authenticity or content of any transmission by placing a call to any authorized signer on your account at our discretion. We may deny your access to the Services without prior notice if we are unable to confirm any person’s authority to access the Services or if we believe such action is necessary for security reasons.
Security: You understand the importance of your role in preventing misuse of your accounts associated with the Remote Deposit program and you agree to promptly examine your paper or electronic statement for each of your PFCU accounts as soon as you receive it and notify us of any errors in accordance with your PFCU Account Membership Agreement. You agree to protect the confidentiality of your accounts and account number and passwords. Data transmitted via the Services is encrypted in an effort to provide transmission security. Remote Deposit utilizes identification technology to verify that the sender and receiver of transmissions related to the Services can be appropriately identified by each other. You acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing Remote Deposit or email transmitted to and from Us will not be monitored or read by others. You agree to notify Us immediately by phone or email at the number and address listed in the “Contact Information” section of this Agreement if you believe any passwords have been lost, stolen, used without your permission or otherwise compromised.
Use of Services: As a condition to using the Services, you agree that you are solely responsible for the use of the Services and that You will use the Services in accordance with this Agreement. You agree not to attempt to circumvent the security features of the Services or the System or make any improper or unauthorized transfer of funds from Accounts via the Services or the System. You agree that you are prohibited from engaging in conduct that would violate the proprietary rights of the owner(s) of the System and the Services as well as accessing or using the System or the Services in any other unauthorized manner. You agree to be liable to PFCU and its vendors, for any claims, losses, liabilities, damages, expenses or costs arising as a result of any accidental, negligent or intentional misuse of the Services or the System by you or your authorized Users.
You are prohibited from using the Services for any activity that:
- Would result in you being or becoming a “money service business” as defined in the Bank Secrecy Act and its implementing regulations;
- Knowingly accepting restricted transactions in connection with another person in unlawful Internet gambling as defined in the Unlawful Internet Gambling Enforcement Act and Regulation GG (Prohibition on Funding of Unlawful Internet Gambling); or
- Directly or indirectly related to the use of the Services that is illegal or fraudulent.
- Deposit of Original Checks: You agree that no Check deposited to PFCU shall cause funds to be debited more than once from the account of the maker. You agree that the original Check, a duplicate Check image or any copy of the original Check or Check image will not be deposited by You or Your authorized Users with PFCU (unless we instruct you to do so) or under any circumstances with any other financial institution.
Check Retention Period: You agree that you will preserve the originals of all Checks, processed through the Services pursuant to this Agreement until the deposit shows on your printed member statement or electronic statement, whichever is shorter (Retention Period). The risk of loss due to the unavailability of the original or copy of a Check for any reason during the Retention Period shall be exclusively on the Member.
Destruction of Original Checks: You will be fully responsible for the destruction of the Checks. You agree to use commercially reasonable method(s) to destroy original Checks after the required Retention Period has expired. You agree to destroy and dispose of the original Checks with a high degree of care, including selecting and implementing appropriate destruction and disposal procedures. You are required to implement such procedures to ensure that the original Checks are not accessed by unauthorized persons during the storage, destruction and disposal process and, once destroyed, the original Checks are no longer readable or capable of being reconstructed (e.g., using competent shredding equipment). The risk of loss associated with the accidental inclusion of a physical Check in the Check collection process or with a lost, destroyed, stolen or misplaced Check shall be exclusively on the Member.
Member Representations and Warranties: You represent and warrant that all Checks transmitted through the use of the Services are made payable to the Member or Account joint-owner, all signatures and endorsements on each Check are authentic and authorized and each Check has not been altered.
Prohibited Checks: You agree that Checks scanned through the use of the Services will not; be payable to any person or entity other than You or a joint-owner on the account; is prohibited by or received in violation of, any law, rule or regulation; You know or suspect (or should know or suspect) is fraudulent or otherwise unauthorized by the owner of the account on which the check is drawn; has been previously cashed or deposited; is post-dated or more than six (6) months old; is payable to cash; is irregular in any way; does not bear a signature of the person on whose account the check is drawn; or is drawn on financial institutions that are located outside the United States.
Endorsement of Checks: You agree to properly endorse each Check prior to submitting such Check through the use of the Services. Each endorsement MUST include the words, “For Mobile Deposit Only”. Otherwise, the deposit may be completely rejected and your Account not credited.
Image Quality: You are responsible for inspecting and verifying the quality of the images associated with Image Items, thus ensuring that the digitized images of the front and back of original Checks are legible for all posting and clearing purposes by PFCU.
Specifically, you are representing and warranting to PFCU that:
The Image Item is an accurate representation of all information on the front and back of the original Check at the time the original Check was converted to an Image Item and the Image Item contains all endorsements from the original Check necessary to permit PFCU to:
- Acquire rights of a holder in due course in the collection process of Checks and other items;
- Handle, process, maintain and destroy original Checks; and
- Ensure that neither PFCU nor any other financial institution (Depositary, Collecting or Payer),
Drawee, Drawer or Endorser receives presentment or return of or otherwise is charged for a
Check or Image Item more than once in any form.
Each Image Item (or related electronic data file) contains a record of all MICR line (special characters printed on the bottom of a check) information required for a substitute check and otherwise satisfies all of the requirements of the American National Standards Institute (ANSI) X9.37 standards for image quality required by Check 21 and Regulation CC for the creation and/or transferring of a substitute check created from that Image Item.
Adjustments: Once an Image Item is captured, the system will display captured encoded fields for your review. You will be required to make corrections to encoding not read or missing from the scanned Check, including entering the legal amount of the Check. We reserve the right to adjust your deposit after you have submitted it for processing. Adjustments are to correct mistakes in the value of Image Items deposited, mistakes in encoding or for missing or illegible Image Items.
Termination: We are permitted to terminate any or all of the Services immediately should you breach any part of this Agreement or of the Membership Agreement. We are also permitted to terminate any or all of the Services immediately if we are no longer able to provide such Services.
Confidentiality: You acknowledge that we will disclose information to third parties about Your Account or the Image Items you deposit:
- To enable your access to the services and the system,
- When it is necessary for completing deposits and
- As required by law.
NOTE: Your deposit of an Image Item is subject to our verification and final inspection process. We may at any time deposit an Image Item or return all or part of a deposit of multiple Image Items to you without prior notice. We are under no obligation to inspect or verify any Image Item to determine accuracy, legibility or quality of the Image Item or MICR line information associated with the Image Item or for any other purpose. However, we may correct or amend MICR line information associated with an Image Item to facilitate processing of the Image Item or a substitute Check created from that Image Item. We may process and collect an Image Item or a substitute Image Item through one or more check clearing houses, Federal Reserve Banks or other private clearing agreements with other financial institutions. We may hold and use funds in any deposit Account of Yours following termination of this Agreement and the Services for such time as we may reasonably determine to be necessary for us to be assured that no Image Item processed by us prior to termination may be returned, charged back or otherwise become a source or cause for any loss, liability, cost, exposure or other action for which PFCU may be responsible, with such right being in addition to any other rights We may have with respect to Your Accounts. Without limitation, you recognize that under the Rules, the UCC, Regulation CC and the rules of any image exchange network, Our representations and warranties to others with regards to Image Items and substitute Checks may expose PFCU to claims for several years following processing of any particular Image Item or substitute.
If a Payer financial institution returns an Image Item to Us for any reason, We may charge Your applicable Account for the returned Image Item, whether or not the return is timely and proper and we may further either:
- Return the Image Item to You; or
- Re-present it to the Payer financial institution before returning it to you. Items may be returned as Image Items, rather than substitute Checks, as agreed by the parties. If a Payer financial institution or other third party makes a claim against Us or seeks a re-credit with respect to any Image Item processed, We may provisionally freeze or hold aside a like amount in the applicable Account pending investigation and resolution of the claim;
Immediately suspend the Services or the System or the processing of any Check or corresponding electronic Image Item if We have reason to believe that there has been a breach in the security of the Services or System, fraud involving Your Account(s) or Check(s) or any uncertainty as to the authorization or accuracy of electronic Image Items, including the right to process electronic Image Items on a collection basis at any time; and
Refuse to process any non-conforming Image Items, including without limitation any Image Items that do not meet the definition of a “Check” set forth herein.
Contact Information: Notifications required by this Agreement are to be directed to us at the address or phone numbers listed below.
PINELLAS FEDERAL CREDIT UNION
10273 Ulmerton Road
LARGO, FL 33771