Thank you for choosing San Diego County Credit Union’s (“SDCCU’s”) mobile banking service (“Mobile Banking”) which allows you, the user, to access your account information using a mobile phone or electronic device with access to the Internet or connectivity through your mobile phone service provider. Message and data rates may apply. For help text “HELP” to 73228. To cancel your plan, text “STOP” to 73228 at any time. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile® , U.S. Cellular®, Verizon Wireless, MetroPCS. Message frequency depends on account settings.
Please review the following terms carefully.
1. SERVICES. You can use Mobile Banking to obtain account information and perform certain transactions such as:
o View your account information, including your balances and transaction history
o Make transfers between your SDCCU® accounts and loans
o View and pay billers
o Locate ATMs and SDCCU branch locations
SDCCU makes every effort to provide up-to-date and accurate balance information, however, you understand and agree that you are ultimately responsible for the correctness of the balance information supplied. For example, you may have authorized additional transactions which have not yet posted to your account at the time of your balance inquiry (such as writing a check). Any transaction performed via Mobile Banking is subject to standard processing timeframes.
SDCCU retains the right to determine the scope of services available through Mobile Banking, the types of telecommunications equipment and devices acceptable for the purpose of providing Mobile Banking services, and restrict the number of pieces of telecommunications equipment and devices which may be used in conjunction with Mobile Banking.
2. THIRD PARTY SERVICES, SECURITY AND FEES. You agree that unanticipated technical or other difficulties may affect Mobile Banking from time to time. For example, Internet access or connectivity through your mobile phone service provider may not be available or may have limited utility over some mobile networks, such as while roaming, in certain geographic locations, in certain weather conditions, etc. These difficulties may result in loss of data, personalization settings being lost/changed or other interruptions. SDCCU assumes no responsibility for the operation, security, functionality or availability of any electronic device, mobile phone number or mobile network which you utilize to access Mobile Banking. You are responsible for any third party usage costs which may apply. For example, your mobile service provider may assess you fees for data or messaging services. Please consult your service provider for details.
3. OTHER AGREEMENTS. These Terms and Conditions are in addition to the Account Disclosures & Agreement, the Internet Branch Terms and Conditions and, if applicable, other terms and agreements in effect between you and SDCCU.
5. RESPONSIBILITY. You authorize SDCCU to act upon any instructions received through Mobile Banking and such instructions shall be deemed correct, complete, irrevocable and binding on you upon receipt. SDCCU is not responsible for instructions not received or for malfunctions in communications and technology not under SDCCU’s control that may affect the timeliness or accuracy of the instructions sent. SDCCU reserves the right to cancel or refuse to execute any of your instructions where a legitimate business reason exists, such as risk of loss or fraud.
6. SUSPENSION/CANCELLATION. You may cancel Mobile Banking by deleting the application from your mobile phone/device (if you have downloaded an application to access Mobile Banking) or you can contact SDCCU by phone at (877) 732-2848, by Secure Message via Internet Branch online banking or by visiting any of our convenient branch locations.
Mobile Banking is automatically terminated if the mobile phone/device service provider suspends or terminates its services in connection with your equipment. SDCCU is not liable to you in the event of such termination. SDCCU reserves the right to modify or suspend the services available through Mobile Banking at any time without notice.
7. UNAUTHORIZED USE. You will be asked to enter your Internet Branch Personal Identification Number (PIN) when accessing Mobile Banking. You are responsible for protecting your PIN to keep it secret and confidential. You must inform SDCCU as soon as reasonably practical if you know or suspect that someone else knows your PIN, if unauthorized transactions have taken place or that your PIN has been lost or stolen. Failure to notify SDCCU may result in you being liable for any unauthorized transactions made. You must promptly examine your SDCCU account statements upon receipt and notify SDCCU immediately if you discover any discrepancies, omissions, inaccuracies or incorrect entries.
8. LICENSE AGREEMENT. SDCCU grants you a personal, limited, non-transferable, non-exclusive, non-sublicensable and non-assignable license (the “License”) to download, install and use the software supporting Mobile Banking on your mobile phone/device within the United States and its territories. In the event that you obtain a different mobile phone/device, you may be required to download and install the software to that different wireless device. This License shall be deemed revoked immediately upon (i) cancellation of Mobile Banking services either by you, by any joint accountholder or by SDCCU; (ii) closing/blocking of your SDCCU account and/or your Internet Branch online banking account; (iii) your deletion of the software from your mobile phone/device; or (iv) our notice to you at any time, with or without cause. You agree to promptly delete the software from your mobile phone/device if the License is revoked.
9. USER CONDUCT AND PROPRIETARY RIGHTS. You are permitted to use the content delivered to you through Mobile Banking for your personal or business purposes only. You agree you will not use Mobile Banking for any illegal activities. You may not copy, reproduce, distribute, create derivative works, reverse engineer or reverse compile any Mobile Banking technology or applications. You agree not to make any commercial use of Mobile Banking technology or applications or resell, lease, rent or distribute access to these services.
10. INDEMNIFICATION. You agree to indemnify and hold SDCCU, its employees, officers, directors, affiliates and subsidiaries harmless against any and all proceedings, claims, losses, damages or expenses (including legal costs) arising from or in connection with the following:
a) Acting upon any instructions provided through your mobile phone/device.
b) Improper use of Mobile Banking.
c) Any damage to your mobile phone/device or related equipment as a result of access to Mobile Banking.
d) Any inability to access or delay in accessing Mobile Banking services or transmitting requests through Mobile Banking.
e) Any errors or omissions in the information transmitted to your mobile phone/device through Mobile Banking.
f) Any electronic or mechanical defect, data failure or corruption, computer viruses and bugs or problems related to your mobile phone/device and/or the services provided by third parties such as your mobile phone service provider.
By clicking “I ACCEPT”, you agree to these SDCCU Mobile Banking Terms and Conditions.
SDCCU MOBILE DEPOSIT AGREEMENT
Thank you for choosing San Diego County Credit Union (“SDCCU®”) Mobile Deposit (“Service”) which allows you to make check deposits to your account remotely. This SDCCU Mobile Deposit Agreement (“Agreement”) along with the terms presented in the “Account Disclosures & Agreement”, contain the terms and conditions for use of the Service. Please review this Agreement carefully and retain a copy for your records.
1. Description of Service. SDCCU Mobile Deposit (“Service”) allows you, the accountholder user (“You” or “Your”), to make deposits to your savings and checking accounts under one master member number remotely by transmitting images of paper checks with your recognized web-enabled device to SDCCU or SDCCU’s designated processor. This Service is intended for the sole benefit of the accountholder(s).
2. Getting Started. To sign up for the Service, you must be able to download the SDCCU Mobile Deposit application to your web-enabled device that has a camera or similar imaging equipment. For a list of approved devices as well as hardware and software criteria, visit our website at sdccu.com/mobile-banking.asp. Only one master membership number can be accessed per recognized device. You are responsible for installing and activating any updates made available by SDCCU within seven (7) calendar days.
3. Eligible Checks, Quantity and Image Quality. An “imaged item” is defined as a digitized image of a paper check that is created by you. The imaged item transmitted to SDCCU through the Service must be legible; must be drawn from a United States (“U.S.”) financial institution in U.S. currency; must be payable to you or your joint accountholder (if applicable); must be a new item (not yet presented for payment through any channel) and must contain all of the elements of a legal U.S. check to be an eligible item. A “U.S. check” is a written order instructing a U.S. financial institution to pay upon its presentation to the person designated in it, or to the person possessing it, a certain sum of U.S. money from the account of the person who wrote it. A check must list a payee, the date, the amount, identify the U.S. financial institution where the check can be paid and contain an authorized signature to be valid.
“Drafts” (an order for payment drawn on anyone, including a bank, a person or a trading account with a company), bonds, checks drawn on non-U.S. financial institutions, checks drawn in non-U.S. currency and other items may not be processed through the Service.
You may not deposit more than $5,000 on any calendar day through the Service. SDCCU reserves the right to change or impose additional restrictions on the number of items or the total value of items deposited through the Service.
SDCCU must comply with image quality guidelines established by ANSI, the Federal Reserve Board and other regulatory agencies and clearing houses. Accordingly, certain items may not be processed through this Service and will require that you take the checks to a SDCCU branch or ATM for deposit. SDCCU reserves the right to reject any item transmitted through the Service, at SDCCU’s sole discretion. SDCCU is not responsible for items not received or for images not fully transmitted or that do not meet the standards of eligible checks or image quality.
4. Funds Availability. Items transmitted through this Service are NOT subject to the funds availability requirements within Federal Regulation CC or the availability policy described in your SDCCU account agreement entitled “Account Disclosures & Agreement”. Provisional credit for funds deposited through the Service are generally made available by the first business day after the deposit; however, holds may be placed on the funds for a longer period. During such a hold, the funds will show in your account balance and will be eligible to earn dividends if the account pays dividends; however, the funds will not be available to pay checks written, make bill payments, or pay other debits against the account. We will notify you if funds will be held for more than two (2) business days. If an extended hold is required, your deposit may be held up to seven (7) business days. Imaged items received on any business day during branch office hours up until 3 p.m. PST are considered deposited on that day. Items deposited after 3 p.m. PST on a weekday, on a Saturday or Sunday or on a day SDCCU is not open, are considered deposited the next business day.
5. Check Retention, Storage and Destruction. You agree to retain each original paper check submitted for deposit through this Service for a minimum of ten (10) days and/or until you have been notified that the item has been accepted for deposit and the confirmed deposit appears in your account records. If the check was rejected for any reason, you may NOT re-present the item for payment through the Service, but instead, you must take it to any of our convenient branch locations for deposit. During the confirmation period, you must store the original paper check in a safe and secure location. You agree to promptly provide any original item upon request.
After a successful deposit, when you are ready to destroy the original item, you must write “VOID” across the item and shred or otherwise destroy the item to ensure that all personal information is no longer legible and the item it is not able to be presented for payment again.
6. Check Processing. You agree that SDCCU has sole discretion regarding the timing of check processing and the order items are presented for payment and collected as allowed by law.
7. Fees. For information regarding fees for the Service as well as fees relating to check processing, refer to the Consumer Services Fee Schedule or the Business Services Fee Schedule as applicable. For example, if a check you deposit is returned unpaid, you may be subject to a fee and your account will be debited for the check amount in addition to any other fees that may apply. Because checks negotiated through the Service are not subject to Regulation CC, SDCCU reserves the right to charge your account for returned items without regard to whether or not the check was returned in a timely manner or whether there is any other claim or defense that the item was improperly returned, is altered or has a fraudulent endorsement. Message and data rates may apply.
8. Errors and Unauthorized Use. You agree to carefully monitor your account, including examination of your periodic statement, and notify SDCCU of any suspected errors relating to deposited items, or the Service in general, as soon as reasonably possible. If you do not notify us within sixty (60) days after your statement is made available to you, all transactions identified on that statement will be deemed accurate and correct.
9. Hardware and Software Requirements, Software License and Security. All hardware and software required to support the Service application shall be maintained by you. SDCCU is not responsible for any third party hardware, software or services you need to use the Service or any third party costs or fees. Any such hardware, software or services are subject to the terms and conditions of any agreement between you and that third party.
Any software license required to implement the Service on your mobile device is made directly with the software provider. SDCCU may provide some support related to the Service software, but the software provider is ultimately solely responsible for any issues concerning the software.
You agree to safeguard confidential information, passwords and equipment related to use of this Service.
10. Termination, Limitations and Change in Terms. If the Service is terminated, either by SDCCU or by you, you agree to delete or uninstall the Service from your device. Generally, if you have an account in good standing, you are eligible for this Service. SDCCU reserves the right to change the eligibility criteria for this Service at any time without prior notice. SDCCU reserves the right to change, suspend or discontinue the Service at any time without prior notice to you. Termination will not affect any obligations arising prior to the termination.
SDCCU and SDCCU’s service providers are not responsible for technical or other difficulties or any resulting damages that may occur when using the Service. These unexpected interruptions may delay access to the Service, result in loss of data, loss of personalization settings or other issues. You understand that under related laws, such as the Uniform Commercial Code, claims may be made regarding negotiated items for several years following processing.
SDCCU may add, delete or make changes to the Service at any time. We will notify you if SDCCU deems it is reasonably practical, if the changes adversely affect your usage or as required by law. Use of the Service after such a change indicates your acceptance of those changes.
• You agree not to engage in any activity related to the Service which is fraudulent or illegal.
• You agree not to allow any person(s) not listed as accountholders to access or use this Service.
• You agree only to transmit eligible items as described in section 3.
• You understand images must meet image quality standards to be processed.
• You agree not to transmit items made payable to third parties, checks drawn from the account where they are being deposited, reconverted substitute checks, duplicate items and that you will not re-present an original item.
• You are to use the Service and related software solely for the purposes outlined in this Agreement.
• All information you provide to SDCCU will be true and accurate.
• By using the Service you agree to comply with this Agreement and all applicable rules, laws and regulations as they apply to this Service.
12. SDCCU’s Liability. SDCCU will correct any of its errors or omissions by reprocessing or reprinting any applicable items. SDCCU has no additional liability for errors or omissions. SDCCU’s aggregate liability is limited to the amount of fees paid to SDCCU in connection with this Service.
13. Indemnification. You agree to hold harmless SDCCU, its directors, officers and employees against any third party lawsuits, claims, demands, causes of action, damages, expenses (including attorney’s fees and other legal expenses), liabilities and other losses resulting from: misuse of the Service; your wrongful acts or omissions; breach of this Agreement; your negligence or willfull misconduct or that of another person acting on your behalf; any fine or sanction imposed on SDCCU by any clearing house or governmental agency in connection with the Service; action by a third party that interfere with the Service, such as a computer virus which affects performance of the Service; any loss or corruption of data transferred in connection with the Service; or any claim relating to a loss due to the receipt of a substitute check instead of the original check.
14. Relationship of the Parties. Nothing in this Agreement creates a joint venture, partnership, principal agent or mutual agency relationship between the parties. No party has any legal right under this Agreement to create any obligation, expressed or implied, on behalf of the other party.
15. Governing Law and Attorney’s Fees. This Agreement shall be governed by the laws of the State of California. If any action is brought to interpret or enforce this Agreement, the prevailing party shall be entitled to a reasonable award of attorney’s fees and costs.
16. Assignment and Enforceability. You may not assign this Agreement. If any provision of this Agreement is determined to be unenforceable or invalid, then all other provisions shall remain valid and enforceable.
17. Force Majure. SDCCU is not liable for any delay or failure to act if such a delay or inaction is caused by legal constraint, interruption of transmission or communications, equipment failure, natural disaster, war, emergency conditions or other conditions beyond SDCCU’s control.
18. Headings. The titles and headers used in this Agreement are for convenience only and will not be used to construe or interpret any provision of this Agreement.
19. Conflicting Terms. In the event the terms of this Agreement conflict with any other agreement or disclosure, the terms of this Agreement shall control.