Merchant Express Deposit User Agreement
This “Merchant Express Deposit User Agreement” (“Agreement”) contains the terms and conditions for the use of EDSB Merchant Express Deposit and/or other remote deposit capture services that El Dorado Savings Bank, FSB (“EDSB”, or “we”) may provide to you (“you,” or “User”). Other agreements you have entered into with EDSB and all other agreements and disclosures governing your EDSB accounts, are incorporated by reference and made a part of this Agreement.
Services. Merchant Express Deposit provides a suite of remote deposit capture services (“Services”) designed to allow you to make deposits to your checking, savings, or money market savings accounts from home or other remote locations by scanning checks and delivering the images and associated deposit information to EDSB or EDSB's designated processor. There is currently no charge for the Services.
Acceptance of these Terms. Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via e-mail or on our website(s) by providing a link to the revised Agreement. Your continued use of the Services will indicate your acceptance of the revised Agreement. Further, EDSB reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.
Limitations of Service. When using the Services, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.
Eligible Checks. You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC (“Reg CC”). You agree that you will not use the Services to scan and deposit any checks as shown below:
- Checks payable to any person or entity other than you.
- Checks containing obvious alteration to any of the fields on the front of the check, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn.
- Checks previously converted to a substitute check, as defined in Reg CC.
- Checks drawn on a financial institution located outside the United States.
- Checks that are remotely created checks, as defined in Reg CC.
- Checks not payable in United States currency.
- Checks dated more than 6 months prior to the date of deposit.
- Checks prohibited by EDSB's current procedures relating to the Services or which are otherwise not acceptable under the terms of your EDSB account agreement.
Image Quality. The image of a check transmitted to EDSB using the Services must be legible. The image quality of the check must comply with the requirements established from time to time by American National Standards Institute (ANSI), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.
Endorsements and Procedures. Unless otherwise instructed by EDSB you agree to restrictively endorse any check transmitted for deposit through the Services as:
(Your endorsement signature)
“For Deposit Only”
“El Dorado Savings Bank”
”Account # (your account number)”
You agree to follow any and all other procedures and instructions for use of the Services as EDSB may establish from time to time.
Receipt of Checks. We reserve the right to reject any check transmitted through the Services, at our discretion, without liability to you. We are not responsible for checks we do not receive or for images that are dropped during transmission. An image of a check shall be deemed received when you receive a confirmation from EDSB. Receipt of such confirmation does not mean that the transmission was error free or complete.
Availability of Funds. You agree that checks transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. Funds deposited using the Services will be available after EDSB receives payment for the funds submitted. EDSB may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as EDSB, in its sole discretion, deems relevant.
Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Services and to modify such limits from time to time.
Deposit Notification. Upon your receipt of EDSB’s “Deposit Approved Notification” that your deposit has been approved for deposit, you agree to:
- Prominently mark the check as “Electronically Presented.”
- Never deposit the check again.
- Keep the check secure for at least 14 days.
You will promptly provide any retained check, or a sufficient copy of the front and back of the check, to EDSB as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any check, or for EDSB's audit purposes.
Change in Deposit Notification. If your check contains contradictory terms, typewritten terms prevail over printed terms, handwritten terms prevail over both and numbers prevail over words. If the check you submitted for deposit contains contradictory terms, or if the amount of the check does not match the deposit amount you entered, we may correct the amount of deposit to match the amount of the check.
You will be provided with an email notice if we accept your check for deposit but need to correct the amount of deposit. If you believe an error has been made, please contact our Internet Banking department at (800) 874-9779, or present the deposited check at your local El Dorado Savings Bank branch office.
Deposit Declined Notification. You will be provided with a “Deposit Declined Notification” email if we are unable to accept your check for deposit by our Merchant Express Deposit system for any reason. We might, upon review, decline a check previously accepted.
Disposal of Transmitted Checks. After at least 14 days (but not more than 30 days after transmission), you agree to destroy the deposited check after you have verified the deposit has posted to your account.
Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by EDSB. EDSB is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.
Errors. You agree to notify EDSB of any suspected errors regarding checks deposited through the Services right away, and in no event later than 60 days after the applicable EDSB account statement is sent. Unless you notify EDSB within 60 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against EDSB for such alleged error.
Presentment. The manner in which the checks are cleared, presented for payment, and collected shall be at the sole discretion of EDSB.
Ownership & License. You agree that EDSB retains all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services (I) in any anticompetitive manner, (II) for any purpose which would be contrary to EDSB's business interest, or (III) to EDSB's actual or potential economic disadvantage in any aspect. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.
Disclaimer of Warranties. You agree your use of the services and all information and content (including that of third parties) is at your risk and is provided on an “As Is” and “As Available” basis. We disclaim all warranties of any kind as to the use of the Services, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services (I) Will meet your requirements, (II) Will be uninterrupted, timely, secure, or error-free, (III) The results that may be obtained from the Services will be accurate or reliable, and (IV) Any errors in the Services or technology will be corrected.
Limitation of Liability. You agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to damages for loss of profits, goodwill, use, data or other losses resulting from the use or the inability to use the Services incurred by you or any third party arising from or related to the use of, inability to use, or the termination of the use of these Services, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), Even if EDSB has been informed of the possibility thereof.
User warranties and indemnification. You warrant to EDSB that:
- You will only transmit eligible checks.
- Images will meet the image quality standards.
- You will not transmit duplicate checks.
- You will not redeposit or represent the original check.
- All information you provide to EDSB is accurate and true.
- You will comply with this Agreement and all applicable rules, laws and regulations.
You agree to indemnify and hold harmless EDSB from any loss for breach of this warranty provision.
Other terms. You may not assign this Agreement. This Agreement is entered into in Placerville, California, and shall be governed by the laws of the State of California and of the United States. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.