Business Online Banking Services Agreement and Consent to Electronic Documents

16. The Services

16.1 Business Online Banking includes the following Services (certain Services, such as the Bill Pay, ACH, Wire Transfer, and Remote Deposit Capture Services, may require that You apply separately and/or be approved by the Credit Union for the Service). The various parts of Section 16 apply to You only if you actually use the Service described in that part and/or you sign the agreement for that Service.

16.2 Bill Pay Service. Includes the ability to pay eligible payees located within the United States; Through the Bill Pay Service, You can pay bills from the account designated at the time of setup to the following entities:

• Business Payees: any business or professional that generates a bill or invoice for products or services provided to You or on Your behalf and that has an address We can verify.
• Individual Payees: any individual, family member, or friend to whom you make payments for non-business purposes.

If You would like to enroll in the Bill Pay Service, You will need to review and sign the Bill Pay Agreement.

16.3 ACH Service. Includes the ability to transfer funds to and from eligible payees and/or recipients located within the United States pursuant to ACH Rules; We offer ACH transactions through Business Online Banking to eligible Members who sign Our ACH Origination Agreement. An eligible Account is required and You must also meet Our credit and other eligibility requirements for the ACH Service.

The ACH Service enables You to initiate domestic (U.S.) transactions for settlement through the ACH Service in Business Online Banking. You will set up Instructions for ACH transactions online and We will process them electronically through the ACH. You warrant to Us that each User and any other applicable party have properly authorized each ACH transaction, that each ACH transaction is properly payable from the designated Account, and that all applicable authorizations remain operative at the time You create and process this Instruction and on the scheduled Settlement Date.

By using the ACH Service to request funds transfers, You agree to be bound by and comply with applicable U.S. laws and regulations, including those promulgated by the Office of Foreign Assets Control and the U.S. Department of Treasury’s Financial Crimes Enforcement Network, and all applicable ACH Rules. You also agree to be bound by and comply with Our ACH Origination Agreement. In the event of inconsistency between a provision of this Agreement and) Our ACH Origination Agreement, the provisions of ACH Origination Agreement shall prevail.

16.4 Wire Transfer Service. Includes the ability to transfer funds in United States dollars from Accounts to eligible payees located within the United States using Wire Transfer Services available through the Federal Reserve Banks (for example, Fedwire Funds Service) or other Wire Transfer Service(s) selected or agreed-to by the Credit Union.

You may use the Business Online Banking Wire Transfer Service to create, view, modify and delete U.S. Dollar Wire Transfer transactions within Your approved limits and designated eligible Accounts. An eligible Credit Union Account is required. We may impose limits on the dollar amount of any individual Wire transaction and on the total dollar amount of all Wire transactions to be processed on any given Business Day from Your eligible Account. We may change theselimits from time to time without advance notice. Your Administrator may also impose limits on the total dollar amount of Wire transactions that may be initiated on any given Business Day by an individual User. Wire transactions also may not exceed the amount of the collected balance available in the designated eligible Account at the time of initiation of the Wire transaction. Without limiting the generality of the foregoing, you understand that Wire Transfer Services involve transmission of domestic wires using the Federal Reserve Bank’s FedWire System and will be subject to the Federal Reserve Board’s Regulation J (12 CFR Part 210), subpart B.

You may not use the Wire Transfer Service for any foreign currency (non-U.S. Dollar) Wire transactions.
You can enter U.S. Dollar Wire transactions up to 45 days before the Settlement Date. We will debit the eligible Account on the Settlement Date. We will validate forward-dated transactions for available balance at 7:00 AM Eastern Time (ET) on the Settlement Date.

We may reject any requested Wire transaction if You have insufficient available funds in the Account on the Settlement Date or for any other reason. If We reject a Wire transaction, We shall use reasonable efforts to notify You as soon as is reasonably possible on or after the Business Day on which such Wire transaction would otherwise have been executed by Us.

We will process all Wire transactions submitted through the Wire Transfer Service before 3:00 PM ET on that Business Day (or on the requested Settlement Date). Wire transactions submitted after 3:00 PM ET on a Business Day, or on a day that is not a Business Day, will be processed on the next Business Day (or, if later, on the requested Settlement Date). You also agree to be bound by and comply with Our Wire Transfer Agreement. In the event of inconsistency between a provision of this Agreement and Our Wire Transfer Agreement, the provisions of Our Wire Transfer Agreement shall prevail.

16.5 Stop Check Payment. You may use Business Online Banking to initiate an electronic Stop Payment request for any check written on Your Accounts, including those issued via the Bill Pay Service.

• Fees. A fee will be deducted from Your Account for each Stop Payment request. Fees for Stop Payment orders are set forth in the Business Fee Schedule.
• Expiration. You agree that any Stop Payment request shall be null and void after six (6) months from the date of the order, or such earlier time that We communicate to You. We are not required to notify You when a Stop Payment order expires.
• Required Information. To be binding, the Stop Payment order must accurately describe the check or draft, including the exact account number and the check or draft number. If You fail to provide Us with complete information or if the information You provide is incorrect, You agree that We shall not be responsible for any failure to stop payment on such item. You understand that if the Stop Payment request comes too late for Us to have a reasonable time to act on it prior to paying, settling for, posting, or becoming accountable for the check described in the request, then Your Stop Payment request shall be of no effect.
• Claims. You agree not to make a claim against Us if the check is paid through inadvertence, accident, oversight, or if We are required to pay such check by a holder in due course or, if by reason of such payment, other items drawn on Your account(s) are returned insufficient. If We re-credit Your account after paying a check or draft over a valid and timely Stop Payment order, You agree to sign a statement describing the dispute with the payee, to assign to Us all of Your rights against the payee or other holders of the check or draft, and to assist Us in any legal action.
• Stop Payment Limits. Limits for Stop Payment orders are set forth in the Business Fee Schedule.
• Loan Payments and Transfers: You may view certain summary account information for an enrolled Loan account of Yours at the Credit Union and authorize payments to the enrolled Loan account from an eligible Account using Business Online Banking. You may also use Business Online Banking to request a loan advance from certain eligible types of loan accounts at the Credit Union. All payments and transfers to (or from) an enrolled Loan account at the Credit Union are subject to the terms of the applicable agreement governing the Loan account.
• Transaction Cut Off Times. If the status of any transfer or transaction in Business Online Banking is “Processed” or “In Process,” the transaction cannot be canceled via Business Online Banking or by request to the Credit Union. It is Your responsibility to make arrangements with the recipient or external financial institution for the re-credit or re-deposit of any funds transferred at Your request through Online Banking outside of the timeframes noted above.

16.6 Internal Transfer Service. Includes the ability to transfer funds between eligible Accounts and certain specifically approved and enrolled Loan accounts with the Credit Union. You can authorize one-time or recurring transfers between Your eligible Accounts and/or certain of Your specifically approved and enrolled Loan accounts with the Credit Union.

16.7 Business Mobile Deposit Service. Includes the ability to make deposits to Your Accounts and any other business checking or savings accounts You have with Us from a business or other remote location by using your mobile device to scan checks and deliver images and associated deposit information to the Credit Union. If Mobile Remote Deposit Capture is made available to You, You must agree to be bound by the terms of service by accepting the User Agreement found in Appendix II of this agreement. Mobile Remote Deposit Capture is available as an additional service to members in good standing who use the Online Banking Mobile App.

16.8 Business Remote Deposit Capture (RDC) Service. We also offer business remote deposit capture services via a check scanner. This service tailored to businesses with higher check deposit volume allows You to make deposits to Your business checking account via a secure, easy-to-use web application. This Service is governed by a separate Remote Deposit Agreement. In the event of inconsistency between a provision of this Agreement and our Remote Deposit Agreement, the provisions of Remote Deposit Agreement shall prevail.

16.9 Secure Messaging and Secure Form Services. Allows You to send secure electronic messages to the Credit Union and the Credit Union to send secure electronic messages to You (only in response to a Secure Message received by the Credit Union from You) concerning the Services and/or Your Accounts and other accounts with the Credit Union). Electronic messages sent through the Secure Messaging Service are contained within the Service. In addition, there are request forms for Business Accounts that can be submitted securely.

16.10 Electronic Statement Delivery. Allows an Administrator or any authorized User to view, download and print PDF copies of the twelve (12) most recent Account statements made available by the Credit Union. You will need Adobe Acrobat Reader or comparable software to open and read the Account statements. We may send You a notification (by e-mail or otherwise) after We make a new monthly Account statement available for viewing, downloading, and printing through the Electronic Statement Delivery Service. You agree to maintain access to Business Online Banking in a manner that gives You the continuous ability to access, review and download or print Your electronic Account statements. Provisions in this Agreement concerning the Electronic Statement Delivery Service supersede any conflicting provisions in any prior Electronic Statement Delivery Enrollment Agreement that may have been entered into between You and the Credit Union concerning any Account enrolled now or in the future in Business Online Banking. We will send You an e-mail notice when Your E-statement/E-notice is available for review within the secure E-statement area of Business Online Banking. You will be able to access Your statements and other documents online for a period of twelve (12) months. You also have the option to download or print documents for Your future reference. Once enrolled, You agree that all future periodic statements (E-statements) and related notices (E-notices) for this account will be provided through Our Business Online Banking service that You will not receive such statements/notices and disclosures via the U.S. Postal Service.

16.11 Account Transaction Information Service. Allows an Administrator or any authorized User to view, download and print certain Account-related transaction information. Account balance, transaction, and summary information may not reflect then-pending or in-process transactions (including then-pending or in-process debits and credits). We will not send You any notification (by e-mail or otherwise) after We make Account Transaction Information available for viewing, downloading, and printing through the Account Transaction Information Service. You agree to maintain access to Online Banking in a manner that gives You the continuous ability to access, review and download or print Your Account transaction information.

Appendix I: Bill Pay Agreement

You must agree to be bound by the terms of the Bill Pay Agreement by accepting the presented User Agreement. If You do not accept the agreement, You will not be permitted to proceed into Bill Pay. For the purposes of this Agreement, the following definitions apply:

• “Payee” is the company, organization, or individual to whom you are sending the payment.
• “Payment Instructions” include the information You provide for a payment, such as Payee name, account number, payment amount, and payment processing date.
• “Processing Date” is the date the payment is processed (Monday through Friday, excluding federal holidays).
• “Cutoff Time” means 8:00 PM ET on any Business Day and is the time by which You must transmit Instructions to have them considered entered on that particular Business Day.

I.1. Eligibility for Bill Pay. You must have a checking account in good standing at the Credit Union and be registered for Business Online Banking to use Bill Pay.

I.2 Authorized Payments. When You transmit Payment Instructions to Us through Bill Pay, You authorize Us to transfer funds from Your checking account to complete the Bill Pay transaction. You are responsible for all bill payments authorized through use of Your login credentials. If You permit other persons to use Bill Pay by providing Your login credentials in violation of this Agreement, You are responsible for all transactions they authorize.

I.3 Pay Transactions. Payments and transfers from Your Credit Union account may be processed in four different ways:

1. Today: A manual payment with the current business date selected as the payment Processing Date. Today payments may be scheduled or changed prior to the day’s Cutoff Time. You must have sufficient funds available in Your account at the time You request the transaction.
2. Future: A manual payment with a payment Processing Date in the future. You may designate a date on a Business Day up to 365 days in advance. Future payments may be changed or canceled prior to that day’s Cutoff Time. You must have sufficient available funds in Your account by midnight on the night before the Processing Date.
3. Recurring: An automatic payment that repeats at regular intervals to the same Payee for the same payment amount. You select a start date and You have the option to select an end date or have the payments repeat indefinitely. If the payment date You select falls on a non-Business Day, the payment will be scheduled on the next Business Day. Recurring payments can be changed or canceled prior to that day’s Cutoff Time. You must have sufficient available funds in Your account by midnight on the night before the Processing Date.
4. Automatic: A payment method that is available when You set up E-bills for specific Payees. With automatic payments, You select whether to pay the entire bill or a portion of the bill and when to schedule the payment (when the bill is received or a specified number of days before the due date). If a payment date falls on a non-Business Day, the payment will be scheduled on the next Business Day. Automatic payments can be changed or canceled prior to that day’s Cutoff Time. You must have sufficient available funds in Your account by midnight on the night before the Processing Date.

I.4 E-bills. Bill Pay offers the ability to receive E-bills from Payees that offer this service. The Credit Union is not responsible for E-bills that do not arrive or late payments that occur as a result of late/missing bills.

I.5 Payment Processing. Payment must be made in U.S. dollars and each Payee must appear on the Payee list You create in Bill Pay. The Credit Union is not liable for any transaction that contains incorrect information. You may not use Bill Pay to make the following payment types:

• Tax payments;
• Court-ordered payments;
• Payments to Payees outside the United States or its possessions/territories;
• Payments to Payees in excess of $9,999.99;
• Payments to “cash”; and
• Other categories of Payees that We may establish from time to time.

You must allow sufficient time for the Payee to receive and process the payment before the payment due date (the due date shown on Your invoice or provided in Your agreement with the Payee, not considering any grace period provided by the Payee). If You do not allow sufficient time, You will assume full responsibility for all late fees, finance charges, or other actions taken by the Payee.

IMPORTANT: Payments are sent either electronically or by check and payments may take up to ten (10) days to reach the Payee. The Credit Union is not liable for any service or late charges levied against You.

If there are insufficient available funds in Your account to complete the Bill Pay transaction, as of the date the payment is debited to Your account, We will automatically block future Bill Pay Services—including pending payments—until the account has sufficient funds to make the payment. We will attempt to notify You by e-mail or U.S. Postal Service mail, but We shall have no obligation or liability if We do not complete a payment because there are insufficient funds in Your account to process a payment. In all cases, You are responsible for monitoring Your account and either making alternate arrangements for the payment(s) or rescheduling the payment(s) through Bill Pay when the service is made available. Generally, the Bill Pay Service is reinstated five (5) Business Days after payment is received from a previously returned payment.

You may edit or delete a payment in Bill Pay any time before the payment is processed. For Stop Payment requests initiated after processing, Contact the Member Service Center and they will work with the bill pay vendor on your request. Stop Payments are only applicable to payments made by check that have not cleared. Payments remitted electronically cannot be stopped.

We are responsible only for exercising ordinary care in making payments on Your authorization and for mailing or sending a payment to the designated payee. We are not liable for any damages You incur if You do not have sufficient available funds in Your account to make the payment on the processing date; if the estimated time to allow for delivery to the Payee is inaccurate or due to delays in mail delivery, changes of payee address or account number; failure of any payee to account correctly for the payment in a timely manner; or for any other circumstance beyond Our control.

You are responsible for any loss or penalty that You may incur due to the lack of sufficient funds or other conditions that may prevent the withdrawal of funds from Your account. You authorize Us, and any third-party acting on Our behalf, to choose the most effective method to process Your payments. You will receive a transaction confirmation number for each properly instructed payment.

I.6 Fees. For business/commercial account holders, reference the current Business Fee Schedule.

I.7 Termination of Services. In the event You wish to discontinue the Bill Pay Service, You can notify Us with a secure message/form or call Us at (434)-964-2001. You must delete all pending payments before requesting that Your Bill Pay Service be canceled. The Credit Union may suspend or terminate use of Bill Pay to any individual at any time without advance notice. Reasons for suspension or termination may include, but are not limited to, insufficient available funds in Your account to pay an authorized transaction and failure to schedule a payment for 180 days. You understand that all Payee information and Bill Pay history will be deleted when Your service is terminated. Neither termination nor discontinuation shall affect Your liability or obligation under this Agreement. We will not be liable for failing or refusing to process or affect a Stop Payment.

I.8 Other Agreements. Using Bill Pay will also be affected by the agreements between You and Us for Your Credit Union Accounts, including the Membership and Account Agreement, Funds Availability Policy, Truth In Savings Disclosure, Privacy Policy, and Electronic Funds Transfer (EFT) Agreements for Your Accounts. Using Bill Pay does not change the agreements You already have with Us on those Accounts. You should review those agreements for any applicable fees, for limitations on the number of transfers You can make, and for other restrictions that might impact Your use of an account with the service. The terms and conditions of any other such agreements govern the terms and conditions of this Agreement, except that in the event of a conflict, the terms and conditions of the Business Online Banking Services Agreement shall govern.

I.9 Bill Pay Expedited Payments. If this service is made available to You, You must agree to be bound by the terms of service for Bill Pay Expedited Payments by accepting the presented User Agreement. This service is made available only through Bill Pay. This service allows You to submit payments to participating payees that will be posted to Your account with that payee on the same day, within the parameters of the service and other parameters established by the participating payees for a convenience fee.

• For an Expedited Payment to post on the same day, You must submit accurate and complete information for the payment, the payment must be submitted on a day during which the U.S. Federal Reserve System is open for operations, and You must submit the payment prior to the payee’s designated daily Cutoff Time. The Cutoff Time will be displayed to You before the payment is finalized.
• Electronic payments are processed several times a day based on the time of day and the Cutoff Time that the managed Payee is available to accept payments that day. The Cutoff Time is not presented to the customer. However, if You miss the Cutoff Time, the Payee will not show up as an option to You in the Payee drop down list.
• Expedited Payments submitted without complete or accurate information may be rejected or may not post on time
• Expedited Payments submitted by You on a non-Federal Reserve Business Day or submitted by You after the applicable payee’s daily Cutoff Time will be posted the following Federal Reserve Business Day.

You will be charged a fee for each Expedited Payment You submit, regardless of whether the payment was properly submitted. The Cutoff Time will be displayed to You before the payment is finalized.

This is NOT a “pay anyone” service where You can make payments to any Payee. With this service, You can only make Expedited Payments to those payees that participate in the program, and the payments You make under this service are subject to the rules of each payee as to how they define an Expedited Payment.

a.) Hours of Access. You can use the Expedited Payment service seven (7) days a week, twenty-four (24) hours a day, although some or all services may not be available occasionally due to emergency; scheduled system maintenance, updates, or repairs; or for other reasons beyond Our control.

b.) Expedited Payment Service Limits. You will not be able to schedule an Expedited Payment for an amount greater than the balance displayed within the bill payment service for the funding account at the time You attempt to schedule the payment. Additionally, for risk management and security purposes, the Expedited Payment service limits the number of payments and the total amount of payments that You may make per day. You will be given an error message and prevented from fully executing any transaction that exceeds these limits. From time to time, We may modify the limits to the frequency or number of transfers You can make using the Expedited Payment service. We do not disclose these limits for security purposes. In any event, funds transfers in excess of the then applicable limits will not be completed.

c.) Fees and Other Deductions. The Expedited Payment service is a transaction-based service. For each Expedited Payment, a fee will be added to the amount of the transaction. There are no monthly or recurring fees associated with the Service. You may also request to send an overnight check for a fee to complete payments. Check payments that are expressed overnight generally will post to the payee’s account on the next Business Day. Fees for this service are disclosed at the time payment(s) are scheduled. You can also refer to the Business Fee Schedule.

d.) Periodic Statements. You will not receive a separate statement for transactions conducted through the Expedited Payment service. These transactions will be noted on Your regular periodic statement.

e.) Electronic Communication. The Expedited Payment service is an electronic Internet Online Banking–based service. Therefore, You understand that this Agreement will be entered into electronically. The consent to receive electronic disclosures applies to all future required disclosures and any amendments, modifications, or supplements in connection with the Expedited Payment service. You can update your electronic contact information by selecting Address Change within the service or calling the Member Service Center at 434- 964-2001. After agreeing to the Terms and Conditions, you may request a paper copy of this disclosure by calling the Member Service Center.

f.) System Requirements. You understand that to access and retain this disclosure and to use the Expedited Payment service, You must have the following: a personal computer (PC) with a supported Internet browser that has “cookies” enabled and that supports 128-bit encryption, an Internet connection for the PC, an e-mail address, and either a printer or sufficient electronic space to store this disclosure. You understand that We will deliver to You electronically Your records of funds transfers and other transactions through the Expedited Payment service, including without limitation confirmations of individual transactions, and any other communication related to the Expedited Payment service. You understand that We will deliver to You electronically any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Expedited Payment service.

g.) UVA Community Credit Union’s Liability. If We do not complete a properly submitted Expedited Payment on time or in the correct amount according to Our agreement with You, and/or if there is a delay in payment posting to the payee’s account, We will not be liable for any late fees and/or finance charges assessed against You for the late posting of such payment, excluding any fees or charges assessed on Your total outstanding balance with that payee (“Penalties”). Although there are some exceptions, We will not be liable for consequential damages that might arise from the payment not arriving in time. We will not be liable in the following instances:

• If You did not provide Us accurate information to successfully complete the payment,
• If You do not have enough money in Your account to complete the transfer,
• If You are unable to schedule a payment because You have exceeded the daily risk management limits,
• If You are unable to schedule a payment because the payee does not participate in this service,
• If You are unable to schedule a payment because the system is unavailable,
• If You schedule the payment for an incorrect amount, and/or
• If the payee fails to post the payment to Your account in a timely fashion after receipt from Us.

Expedited Payments are available for a limited number of Payees. Availability of Expedited Payment options will be limited based on biller capabilities, time of day, payment delivery mechanisms, and other factors. Expedited overnight checks will be unavailable for delivery to post office box addresses or locations in Alaska, Hawaii, or any foreign or U.S. territory outside of the contiguous forty-eight (48) states and the District of Columbia. You are responsible for entering and verifying any address for overnight check payments to ensure it is correct and is specified as a valid overnight package address by the biller. Due to the inherent need to expedite the payment, Payment Instructions will be completed immediately on submission of a request from You. You will not have the ability to edit or cancel the payment instruction after You have confirmed the payment request.

I.10 Canceling (Stopping) a Bill Pay Transaction. You can cancel or stop a single nonrecurring Bill Pay transaction before it is processed, approximately 8:00 PM ET on the Process Date for that transaction through the use of Business Online Banking. If the Bill Pay transaction is a recurring payment set up on the Bill Pay Service, then You can cancel one or all future scheduled recurring Bill Pay transactions through the use of Business Online Banking as long as the request is received at least one (1) Business Day before the Process Date for the next scheduled recurring Bill Pay transaction.

I.11 Bill Pay User Management. There are additional User controls available for the Bill Pay Service. If the User Administrator elects to enable Full Access Bill Pay for a User, that User will automatically have Transactional Access to the account linked to Bill Pay, and the User will be able to pay bills using the Bill Pay feature and set up new Payees. A User Administrator may, however, designate limited access for a User of Bill Pay, which will permit the User to have transactional access for existing Payees only. For the Bill Pay functionality, an Administrator may limit a User to use only certain specified Accounts.

If this Mobile Deposit service is made available to you, you must agree to be bound by the terms of service by accepting this presented agreement. Mobile Deposit is available as an additional service to members in good standing who use the Online Banking Mobile Application. Use of Mobile Deposit will constitute acceptance of these terms and conditions presented specifically for this service.

The Credit Union reserves the right to restrict the use of the service based on various qualifying factors, including but not limited to, a member’s creditworthiness which may include a business entity and its individual owner(s). The Credit Union also reserves the right to suspend or discontinue your use of the service at any time without prior notice to you. Your use of this service constitutes your acceptance of the terms of this agreement.

Services
The Mobile Deposit service (Service) is designed to allow you to make deposits to your checking or savings accounts from home or other locations by scanning checks and delivering images and associated deposit information to the Credit Union or our designated processor.

Fees
There is currently no charge for your use of this Service. However, the Credit Union may, upon providing the proper notice to you as required by law, charge a fee for the use of this service. Any fees would be disclosed in our Business Fee Schedule for business accounts. Your use of the service after a fee becomes effective constitutes your agreement to pay such fee which we reserve the right to change from time to time. You authorize the Credit Union to deduct any such fees from your account.

Deposit Limits
During each online deposit session, you agree to adhere to the deposit limits as outlined in the Business Fee Schedule if the service is being used in conjunction with a business account. An online deposit session occurs when you select the Mobile Deposit menu option in our Online Mobile Banking Application and post the total amount of the deposit to your account. Each login that results in a posted online deposit is considered an online deposit session. We reserve the right to modify the limits on the amount(s) and/or the number of deposits you transmit using this service.

In consideration of your use of this service, you agree to the following:

• You will only make check deposits from reputable and trustworthy sources and in accordance with the terms and conditions of this Agreement.
• You will not transmit duplicate checks.
• You will not re-deposit or re-present the original check.
• By utilizing this service, you agree to restrictively endorse the back of any check transmitted through this Service with this REQUIRED wording: “For Mobile Deposit Only to UVACCU account #______”. Followed by your signature.
• You will fully cooperate with us in any investigation involving deposited checks.
• 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 us shall be deemed a check within the meaning of Article 4 of the Uniform Commercial Code as adopted in the Commonwealth of Virginia.

Ineligible Checks
You agree that you will not scan and deposit any of the following types of checks or other items that for purposes of this agreement shall be considered ineligible items:

• Checks payable to any person or entity other than you;
• Checks drawn on an account that you control at the Credit Union;
• Checks payable jointly, unless deposited into an account in the name of all payees;
• Travelers checks (R/T number range 80000000-89999999);
• Government checks (R/T number 00000050);
• Checks stamped with a non-negotiable watermark;
• Checks containing obvious alteration to any fields on the front of the check or item, or that 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 previously converted to a substitute check, as defined in Reg CC;
• Checks drawn on a financial institution outside the United States;
• Checks that are incomplete. An incomplete item is any item that does not contain the signature of the maker or endorsement signatures or is missing any of the information required during key-entry in an online deposit session;
• Checks that are remotely created checks, as defined by Reg CC;
• Checks not payable in United States currency;
• Checks with any endorsement on the back other than that specified in this agreement;
• Checks that have previously been submitted through this service or through a mobile deposit service offered at any other financial institution;
• Checks dated more than six (6) months prior to the date of deposit; and
• Checks prohibited by our current procedures relating to the service or that are otherwise not acceptable under the terms of your Credit Union account.

The Credit Union is under no obligation to accept the deposit of an any ineligible check made through the service. Your deposit of an ineligible check may result in the Credit Union’s immediate suspension your authority to continue to use this service and may subject you to liability under this Agreement and/or applicable law.

Image Quality
You are responsible for the quality of any image of a check transmitted through the Service. If an image that we receive is not legible or does not otherwise satisfy our image quality standards, we may reject such image in our sole discretion without prior notice to you. Without limiting the foregoing, the image quality of a check must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.

Each image of each check or item shall be of such quality that all of the following information can clearly be read and understood by sight review of such image:

• the amount of the check;
• the payee of the check;
• the signature of the drawer of the check;
• the date of the check;
• the check number;
• the information identifying the drawer and the paying bank that is preprinted on the check, including the magnetic ink character recognition (MICR) line located at the bottom of the check; and
• all other information placed on the check prior to the time the image of the check is captured, such as any required identification written on the front of the check and any endorsements applied to the back of the check.

You shall also capture and transmit to us the full-field MICR encoding on each check. In accordance with the procedures, you shall ensure that all of the following information is captured from the MICR line of each check:

• the ABA routing transit number (RTN);
• the number of the account on which the check is drawn;
• when encoded, the amount of the check; and
• when encoded, the serial number and the process control field of the check.

Endorsements and Procedures
You agree to follow any and all procedures and instructions for use of the service as we may establish from time to time.

Disposal of Transmitted Items

On receipt of confirmation from us that we have received an image of an item, you agree to mark the item prominently as Electronically Presented or VOID, or to otherwise render the item incapable of further transmission, deposit, or presentment. If requested by us, you will promptly provide any retained item or a sufficient copy of the front and back of the item to us to aid in the clearing and collection process, to resolve claims by third parties with respect to the item, or for our audit purposes.

You agree to retain the original item for at least thirty (30) days from receipt of confirmation from us that we have received an image of an item. After thirty (30) days, you agree to destroy the item that you transmitted to ensure that it is not re-presented.

Availability of Funds
You agree that items transmitted using this service are not subject to the funds availability requirements of Reg CC. In general, if an image of an item you transmit through the Mobile Deposit service is received and accepted before 4:00 p.m. ET on a business day that we are open, we consider that day to be the date of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited using the service will generally be made available in three (3) business days beginning with the date of the deposit. For example, an item received before 4:00 p.m. ET on Monday would generally be made available on Wednesday. We reserve the right to review any item you submit through the Mobile Deposit service and reject the item if, in our sole discretion, we determine the item to be ineligible for the service. Such a review may result in a delay in the availability of funds as outlined above.

Any crediting of your account for items deposited via the Mobile Deposit service is provisional, subject to verification and final settlement. Any dishonored items will be returned as an image of the original or as a substitute check. Any item that is returned or dishonored may be charged to your deposit account or any other account in your name. Any dishonored item is subject to a fee according to the Credit Union’s Business Fee Schedule at the time of the return. You also agree that the Credit Union, at its discretion, may place an additional hold on any item for a reasonable period until the settlement of the item is deemed to be complete.

Warranties and Representations
You represent, warrant, and covenant the following to us:

a. Checks Deposited
You shall only deposit checks that are authorized by this agreement, the procedures, and the Deposit Agreement.

b. Image Quality
Each image transmitted by you to us contains an accurate representation of the front and the back of each item and complies with the requirements of this agreement.

c. Accuracy of Information
All data and other information submitted by you to us, including but not limited to data contained in the MICR line of each check, are complete and accurate and comply with the requirements of this agreement.

d. No Duplicates
You will not (i) create duplicate images of the checks, (ii) transmit a duplicate image or file to us or (iii) deposit. or otherwise negotiate the original of any check of which an image was created. You further warrant that no subsequent transferee including but not limited to us, a collecting or returning bank, drawer, drawee, payee, or endorser will be asked to pay the original item from which the image(s) was created or a duplication (whether paper or electronic, including ACH entries) of the item(s).

e. No Loss
No subsequent transferees of the item(s) including but not limited to us, a collecting or returning bank, drawer, drawee, payee, or endorser shall sustain a loss as the result of the fact that the image was presented for payment or returned instead of the original check.

f. Information
All information provided by you to us is true, complete, and accurate and properly reflects your business, financial condition, and principal partners, owners, or officers. You are not engaged in or affiliated with any businesses, products, or methods of selling other than those disclosed by you to us.

g. Authority and Legality
(i) You are authorized to enter into and perform your obligations under this agreement; (ii) the person signing this agreement on behalf of you is duly authorized to execute this agreement; (iii) this agreement is valid and enforceable against the customer in accordance with its terms; and (iv) the entry into and performance of this agreement by you will not violate any law, or conflict with any other agreement, to which you are subject.

h. No Litigation
There is no action, suit, or proceeding pending or, to your knowledge, threatened, that if decided adversely would impair your ability to carry on your business substantially as now conducted or that would adversely affect your financial condition or operations.

i. Transactions
All your checks are and will be bona fide. All signatures on checks are authentic and authorized.

j. Rule Compliance
You submit checks and files in compliance with this agreement, the procedures, applicable law, and the rules.

k. Computer Virus
No images contain any computer viruses or other harmful, intrusive, or invasive codes.

Returned Checks

a. Chargeback of Returned Checks
If images of checks deposited by you are dishonored or otherwise returned unpaid by the drawee bank or are returned by a clearing agent for any reason, including but not limited to issues relating to the quality of the image, you understand and agree that, since you either maintain the original item or have destroyed it in accordance with the Disposal of Transmitted Items section of this agreement, the original check will not be returned, and we may charge back an image of the check to your account. You understand and agree that the image may be in the form of an electronic or paper reproduction of the original check or a substitute check. Unless otherwise instructed by us, you agree not to deposit the original check if an image or other debit as previously described is charged back to you.

b. Special Instructions
You may request that we re-present returned images of checks to the drawee or process returned images of checks according to instructions provided by you to us (special instructions). These special instructions may be given to us in a separate document in conjunction with or subsequent to the execution of this agreement. We shall not be bound by such special instructions until such time as we have agreed in writing to accept them.

Notwithstanding the fact that we have agreed to accept the special instructions, we may, in our sole discretion, disregard the special instructions and charge the returned check back to your account to which the checks were deposited. In the event that you have requested that returned images of checks be re-presented, in no event will we re-present an image of a check or an ACH entry in excess of the limit established or permitted for the number of times that a check or ACH entry may be re-presented by the rules. You may change or amend the special instructions by providing us with a written request to change or amend the special instructions. Changes or amendments to the special instructions shall not become effective until acknowledged and accepted in writing by us. You hereby agree to pay us the fees for processing returned checks and special instructions contained in our then current schedule of fees for such services.

Processing Fees
You agree to reimburse us immediately for any negative balance in your account caused by your use of Mobile Deposit. In the event legal action is required, you agree to pay us for our reasonable attorney’s fees and court costs. If your use of Mobile Deposit causes a negative balance in your account, you also agree to pay our overdraft fee.

We will not be liable for negative balances on accounts caused by the non-payment of checks due to insufficient funds, delays in the mail service or for any action by you or any authorized users of the account that results in the reversal of a deposit on the account.

We reserve the right to discontinue Mobile Deposit or to suspend account access at any time due to a change in business conditions or the failure of any member to abide by the Online Banking Services Agreement and Consent to Electronic Documents, the Mobile Deposit Agreement, or any other applicable Credit Union agreements and disclosures.

Liability for Unauthorized Use

CONTACT US IMMEDIATELY if you believe that unauthorized activity has been conducted through the Mobile Deposit program. Contact our Member Service Center at 434-964-2001 is the best way of keeping damages to a minimum.

Also, if your statement shows an error or transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from conducting an unauthorized transaction if you had told us in time.

If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods with appropriate documentation of proof.

Limit of Liability
a.) Any provision in this agreement, and other agreement, or the rules to the contrary notwithstanding, we shall only be liable for damages solely and proximately caused by our gross negligence or willful misconduct, and our liability shall in no event exceed the lesser of (i) your actual damages or (ii) the total fees paid by you to us for the remote deposit service for the period of six (6) months immediately preceding the date of the alleged gross negligence or willful misconduct. In no event shall we or any provider be responsible or liable for any indirect, special, consequential, exemplary, punitive, or incidental damages, losses, or injuries (including without limitation lost profits, loss of use, loss of data, or cost of cover) arising out of or related to the use by you of the Mobile Deposit service or any service or our failure or that of any provider to properly process and complete transactions thereunder, even if we or such provider(s) have been specifically advised of the possibility of such damages, losses, or injuries.

b.) You acknowledge and agree that your use of the Mobile Deposit service shall be at your sole risk, and that the Mobile Deposit service is provided by us on an “as is” basis.

c.) Except as expressly set forth in this agreement, we make absolutely no representations or warranties whatsoever, express or implied, in law or in fact, to you or to any other person, as to the Mobile Deposit service or any aspect thereof, including (without limitation) any warranty of merchantability, fitness for a particular purpose, quality, accuracy, or suitability, and we hereby disclaim any and all of the same. You agree that no oral or written advice or representation obtained from any credit union employee or representative shall create a warranty or representation for purposes of this agreement or the Mobile Deposit service to be performed pursuant hereto.

d.) To the fullest extent allowed by law, and subject to the foregoing provisions of this section dealing with our liability for damages solely and proximately caused by our gross negligence or willful misconduct, our liability to you under this agreement shall be limited to correcting errors resulting from our failure to exercise ordinary care.

e.) We make absolutely no representations or warranties whatsoever, express or implied, in law or in fact, to you or to any other person as to any computer hardware, software, or equipment in connection with the Mobile Deposit service, including but not limited to your computer systems or related equipment, your software, or your Internet service provider or its equipment, or as to the suitability or compatibility of our software, Internet-delivered service, equipment, or communication interfaces with those that you use, or as to whether any software or Internet-delivered service will perform in an uninterrupted manner, including but not limited to any warranty of merchantability or fitness for a particular purpose.

f.) We shall not be responsible or liable for any errors or failures resulting from defects in or malfunctions of your computer hardware or software, for the quality of performance or lack of performance of any computer software or hardware or Internet-delivered services supplied by us to you in connection with this agreement, or for the transmission or failure of transmission of any information from you to us, from us to you, from you to any processor, from any processor to us, or otherwise. We shall not be responsible for notifying you of any upgrades or enhancements to any of your computer hardware or software. We are not responsible for, and you hereby release us from, any and all claims or damages resulting from or related to any computer virus or related problems that may be associated with using electronic mail or the Internet.

Documentation

Any transactions you execute that are accepted through the Mobile Deposit service will appear on the periodic statements the Credit Union provides for your deposit account at the frequency set forth in the agreement governing that account.

Contact Information and Business Days
You may contact the Member Service Center at 888-887-9136 or email us at [email protected]. For purposes of this disclosure, our business days are Monday through Friday except for Federal Reserve holidays.

Or writing:

UVA Community Credit Union
PO Box 7267,
Charlottesville, VA 22906-9700
Attn: Member Service Center

Business Online Banking Services Agreement and Consent to Electronic Documents:

I have read and agree to receive electronic documents and accept the terms and conditions of the Business Online Banking Services Agreement.