Eligible Items. In using RDS, you agree to scan and remotely deposit into a deposit Account checks (“Checks” or “Items”), as that term is defined in Article 4 of the New York Uniform Commercial Code (“UCC”) that is not an Ineligible Item, as defined below Federal Reserve Board Regulation CC (“Reg CC”). You agree that you will not deposit, without our prior written consent, items prohibited by this Agreement, or in violation of applicable laws and/or regulations, or a “Substitute Check” as that term is defined by the Check Clearing for the 21st Century Act (also known as ‘Check 21’), which are sometimes also referred to as an Image Replacement Documents (“IRD”), that purport to be a substitute check and has not been previously endorsed by a bank. If you deposit such an Ineligible Item, you agree to reimburse us for any losses, costs and expenses we may incur associated with warranty, or indemnity claims, including but not limited to, the duplicate payment of a Check. You agree that using RDS to transmit an image of a check to Dime for deposit to your Account shall be deemed an "item" within the meaning of Articles 3 and 4 of the UCC and you warrant that: • The item is eligible for deposit using RDS; • The item is not a duplicate of an item previously deposited; • You will not re-deposit or re-present the item; • All information you provide to Dime in connection with the item is accurate and true; • You are in compliance with this Agreement and with all applicable laws, rules and regulations; • You are not aware of any factor which may impair the collectability of the item; and • You will indemnify and hold harmless Dime from any loss resulting from any breach of this warrantyprovision. You agree that you will not use RDS to electronically present to Dime for deposit any of the following “Ineligible Items”: a) Any check or item payable to any person or entity other than you (i.e., a double endorsedcheck); b) Items that are issued by you or your affiliates drawn on your or your affiliates’ accounts; c) Any check or item containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect is fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn; d) Any check or item payable jointly, unless deposited into an Account in the name of all payees; e) Any check previously converted to a substitute check, as defined in ▇▇▇.▇▇; f) Any check drawn on a financial institution located outside the United States; g) Any check that is a ‘remotely created check’, as defined in Reg CC; h) Any check not payable in United States currency; i) Any check dated more than 6 months prior to the date of deposit; j) Any check or item prohibited by Dime’s current procedures relating to RDS or which is not acceptable under the terms of your Dime Account; k) Any check payable on sight or payable through draft, as defined in Reg. CC; l) Any check not properly endorsed as specified herein; or m) Any check that has previously been submitted through RDS or through a remote deposit capture service offered at any other financial institution.
Appears in 2 contracts
Eligible Items. In using RDS, you You agree only to scan and remotely deposit into a deposit Account checks (capture images of “Checkschecks” or “Items”), as that term is defined in Article 4 of the New York Uniform Commercial Code (“UCC”) that is not an Ineligible Item, as defined below Federal Reserve Board Regulation CC (“Reg Reg. CC”). You agree that you will not deposit, without our prior written consent, items prohibited by this Agreement, or in violation of applicable laws and/or regulations, or a “Substitute Check” as that term When the image is defined by the Check Clearing for the 21st Century Act (also known as ‘Check 21’), which are sometimes also referred converted to as an Image Replacement Documents (“IRD”)Document for subsequent presentment and collection, that purport to be a substitute check and has not been previously endorsed by a bank. If you deposit such an Ineligible Item, you agree to reimburse us for any losses, costs and expenses we may incur associated with warranty, or indemnity claims, including but not limited to, the duplicate payment of a Check. You agree that using RDS to transmit an image of a check to Dime for deposit to your Account it shall be deemed an "item" within the meaning of Articles 3 and 4 of the UCC and you warrant that: • The item is eligible for deposit using RDS; • The item is not a duplicate of an item previously deposited; • You will not re-deposit or re-present the item; • All information you provide to Dime in connection with the item is accurate and true; • You are in compliance with this Agreement and with all applicable laws, rules and regulations; • You are not aware of any factor which may impair the collectability of the item; and • You will indemnify and hold harmless Dime from any loss resulting from any breach of this warrantyprovision. You agree that you will not use RDS to electronically present to Dime for deposit any of the following “Ineligible Items”:Uniform Commercial Code.
a) Any check or item a. Checks payable to any person or entity anyone other than you (i.e., a double endorsedcheck);
b) Items that are issued by you or your affiliates drawn on your or your affiliates’ accounts;
c) Any check or item containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect is fraudulent or otherwise not authorized by the owner of the account into which it is being deposited;
b. Checks drawn or issued by you; or drawn by others against an account on which the check you are a joint owner or item is drawnauthorized signer;
d) Any check or item c. Checks containing any unauthorized alteration;
d. Checks payable jointly, unless deposited into an Account in account with the name names of all payees;
e) Any check e. Checks previously converted to a substitute check, as defined in ▇▇▇.▇▇Reg. CC;
f) Any check f. Checks drawn on a financial institution located outside the United States;
g) Any check foreign bank and/or that is a ‘remotely created check’, as defined in Reg CC;
h) Any check are not payable in United States currency;
i) Any check g. Checks that are payable on sight or payable through drafts, as defined in Reg. CC, or are remotely created checks, as defined in Reg. CC;
h. Checks that are undated, post-dated, or are dated more than 6 months prior to the date of deposit;
j) Any check i. Checks with any endorsement on the back other than that specified in this Agreement; j. Checks that have previously been deposited by any remote capture or item physical delivery;
k. Checks or items that are drawn or otherwise issued by the U.S. Treasury Department;
l. Checks that have previously been returned unpaid for any reason;
m. Travelers Checks;
n. Checks payable to “Cash”;
o. Checks transmitted from outside the United States;
p. Registered government warrants; q. Money Orders; or
r. Checks that are prohibited by Dime’s our current procedures relating to RDS the mobile remote deposit capture feature, or which is are otherwise not acceptable under the terms of your Dime AccountDeposit Account Agreement, or as we may otherwise determine in our sole discretion;
k) Any s. Government checks of any type, state or federal. We may in our sole discretion, and without liability to you, refuse any check payable for any or no reason, or elect to take the check on sight or payable through drafta collection basis only. We reserve the right to charge back to your account, as defined in Reg. CC;
l) Any check not properly endorsed as specified herein; or
m) Any check that has previously been submitted through RDS or through a remote deposit capture service offered at any other financial institution.time, any item that we subsequently determine was an ineligible item. We are not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item
Appears in 2 contracts
Sources: Digital Banking Service Agreement, Digital Banking Service Agreement
Eligible Items. In using RDS, you You agree to scan and remotely use the Service only to deposit into a deposit Account checks (paper items that are defined as “Checkschecks” or “Items”), as that term is defined in Article 4 of the New York Uniform Commercial Code (“UCC”) that is not an Ineligible Item, as defined below under Federal Reserve Board Regulation CC (“Reg CC”). You agree that you will not deposit, without our prior written consent, items prohibited by this Agreement, or in violation of applicable laws and/or regulations, or a “Substitute Check” as that term is defined by use the Check Clearing for the 21st Century Act (also known as ‘Check 21’), which are sometimes also referred Service to as an Image Replacement Documents (“IRD”), that purport to be a substitute check and has not been previously endorsed by a bank. If you deposit such an Ineligible Item, you agree to reimburse us for any losses, costs and expenses we may incur associated with warranty, or indemnity claimsineligible items, including but not limited to, the duplicate payment of a Check. You agree that using RDS to transmit an image of a check to Dime for deposit to your Account shall be deemed an "item" within the meaning of Articles 3 and 4 of the UCC and you warrant that: • The item is eligible for deposit using RDS; • The item is not a duplicate of an item previously deposited; • You will not re-deposit or re-present the item; • All information you provide to Dime in connection with the item is accurate and true; • You are in compliance with this Agreement and with all applicable laws, rules and regulations; • You are not aware of any factor which may impair the collectability of the item; and • You will indemnify and hold harmless Dime from any loss resulting from any breach of this warrantyprovision. You agree that you will not use RDS to electronically present to Dime for deposit any of the following (collectively, “Ineligible Items”:):
a(i) Any check Checks or item items payable to any person or entity other than you, or payable to you (i.e., a double endorsedcheck)and another party;
b(ii) Items Checks payable to any person or entity other than the person or entity that are issued by you or your affiliates drawn on your or your affiliates’ accountsowns the Account that the check is being deposited into;
c(iii) Any check Checks or item items containing an alteration to any of the fields on the front of the check or itemitem (including the MICR line), or which you know or suspect, or should know or suspect is suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn;
d(iv) Any check Checks or item payable jointly, unless deposited into an Account in the name of all payees;
e) Any check items previously converted to a “substitute check, ” as defined in ▇▇▇.▇▇Reg CC;
f(v) Any check Checks or items drawn on a financial institution located outside the United StatesStates or Canada;
g(vi) Any check Checks or items that is a ‘are “remotely created check’, checks” as defined in Reg CC;
h(vii) Any check Checks that have previously been deposited by or returned to Client;
(viii) Checks or items not payable in United States currency;
i(ix) Any check Checks or items that are undated, post-dated, or stale- dated (i.e., more than 6 months prior to the date of depositold);
j(x) Any check Checks or item items on which a stop payment order has been issued or for which there are insufficient funds;
(xi) Checks or items prohibited by Dime’s our current procedures relating to RDS the Service or which is are otherwise not acceptable under the terms of your Dime the Account;
k(xii) Any check payable Checks with any endorsement on sight the back other than the restrictive endorsement required for checks deposited using this Service; and
(xiii) Money orders, traveler’s checks, insurance drafts, or payable through draft, as defined in Reg. CC;
l) Any check not properly endorsed as specified herein; or
m) Any check that has previously been submitted through RDS or through a remote deposit capture service offered at any other financial institutioncredit card cash advance checks.
Appears in 1 contract
Eligible Items. In using RDS, you You agree to scan and remotely deposit into a deposit Account only checks (“Checks” or “Items”), as that term is defined in Article 4 of the New York Uniform Commercial Code (“UCC”) that is not an Ineligible Item, as defined below Federal Reserve Board Regulation CC (“Reg CC”). You agree that you will not deposit, without our prior written consent, items prohibited by this Agreement, or in violation of applicable laws and/or regulations, or a “Substitute Check” as that term is defined by the Check Clearing for the 21st Century Act (also known as ‘Check 21’), which are sometimes also referred Electronic Item transmitted to as an Image Replacement Documents (“IRD”), that purport to be a substitute check and has not been previously endorsed by a bank. If you deposit such an Ineligible Item, you agree to reimburse us for any losses, costs and expenses we may incur associated with warranty, or indemnity claims, including but not limited to, the duplicate payment of a Check. You agree that using RDS to transmit an image of a check to Dime for deposit to your Account CUSB Bank shall be deemed an "item" “Item” within the meaning of Articles 3 and Article 4 of the UCC and you warrant that: • The item is eligible for deposit using RDS; • The item is not a duplicate of an item previously deposited; • You will not re-deposit or re-present the item; • All information you provide to Dime in connection with the item is accurate and true; • You are in compliance with this Agreement and with all applicable laws, rules and regulations; • You are not aware of any factor which may impair the collectability of the item; and • You will indemnify and hold harmless Dime from any loss resulting from any breach of this warrantyprovisionUniform Commercial Code. You also agree that you will not use RDS the Service to electronically present to Dime for deposit any of the following “Ineligible Items”items that:
a) Any check or item a. Are made payable to any person persons or entity entities other than you (i.e., a double endorsedcheck)you;
b) Items that are issued by you or your affiliates drawn on your or your affiliates’ accountsb. Are payable jointly, unless deposited into an account in the name of all payees;
c) Any check or item containing an alteration c. Have any endorsement on the back other than that specified in this agreement;
d. Contain alterations on the front of the check or itemItem, or which you know or suspect, or should know or suspect is suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item Item is drawn;
d) Any check e. Are drawn or item payable jointly, unless deposited into otherwise issued by you or any other person on any of your accounts or any account on which you are an Account in the name of all payeesauthorized signer or joint account holder;
e) Any check f. Were previously converted to a substitute checkitem, as defined in ▇▇▇.▇▇Reg CC, or were otherwise cashed or deposited;
f) Any g. Have been previously deposited and returned;
h. Have been previously submitted or deposited through the remote check deposit service or through a remote deposit capture service of another financial institution;
i. Are drawn on a financial institution located outside that is not part of the United StatesU.S. Federal Reserve Bank System;
g) Any check that is a ‘j. Are remotely created check’checks, as defined in Reg CC;
h) Any check k. Are not payable in United States currency;
i) Any check l. Are payable to Cash;
m. Are a US Savings Bond, money order, cashier’s check, or travelers check;
n. Do not bear a signature of the person from whom the item is drawn or lack an issued date;
o. Are postdated or dated more than 6 months prior to the date of deposit;; or
j) Any check or item p. Are prohibited by DimeCUSB Bank’s current procedures relating to RDS the Service or which is are otherwise not acceptable under the terms of your Dime Account;
k) Any CUSB Bank account. Nothing in the Addendum shall be construed as requiring CUSB Bank to accept any Item for deposit unless the check payable on sight and its electronic submission meet the requirements of this Addendum, even if CUSB Bank has accepted that type of Item previously, nor shall CUSB Bank be required to identify or payable through draftreject any checks. If you wish to deposit any Item in your account that is not eligible for the Service, as defined in Reg. CC;
l) Any check not properly endorsed as specified herein; or
m) Any check that has previously been submitted through RDS or through a remote deposit capture service offered at any other financial institutionyou shall do so only by depositing the original paper check.
Appears in 1 contract
Sources: Online Banking Agreement Addendum
Eligible Items. In using RDS, you You agree only to scan and remotely deposit into a deposit Account checks (capture images of “Checkschecks” or “Items”), as that term is defined in Article 4 of the New York Uniform Commercial Code (“UCC”) that is not an Ineligible Item, as defined below Federal Reserve Board Regulation CC (“Reg Reg. CC”). You agree that you will not deposit, without our prior written consent, items prohibited by this Agreement, or in violation of applicable laws and/or regulations, or a “Substitute Check” as that term When the image is defined by the Check Clearing for the 21st Century Act (also known as ‘Check 21’), which are sometimes also referred converted to as an Image Replacement Documents (“IRD”)Document for subsequent presentment and collection, that purport to be a substitute check and has not been previously endorsed by a bank. If you deposit such an Ineligible Item, you agree to reimburse us for any losses, costs and expenses we may incur associated with warranty, or indemnity claims, including but not limited to, the duplicate payment of a Check. You agree that using RDS to transmit an image of a check to Dime for deposit to your Account it shall be deemed an "item" within the meaning of Articles 3 and 4 of the UCC and you warrant that: • The item is eligible for deposit using RDS; • The item is not a duplicate of an item previously deposited; • You will not re-deposit or re-present the item; • All information you provide to Dime in connection with the item is accurate and true; • You are in compliance with this Agreement and with all applicable laws, rules and regulations; • You are not aware of any factor which may impair the collectability of the item; and • You will indemnify and hold harmless Dime from any loss resulting from any breach of this warrantyprovision. You agree that you will not use RDS to electronically present to Dime for deposit any of the following “Ineligible Items”:Uniform Commercial Code.
a) Any check or item a. Checks payable to any person or entity anyone other than you (i.e., a double endorsedcheck);
b) Items that are issued by you or your affiliates drawn on your or your affiliates’ accounts;
c) Any check or item containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect is fraudulent or otherwise not authorized by the owner of the account on into which the check or item it is drawnbeing deposited;
db. Checks drawn on an account held with Bank (a check drawn on another Division is permitted) Any check that you own solely or item jointly, and/or you are an authorized signer on;
c. Checks containing any unauthorized alteration;
d. Checks payable jointly, unless deposited into an Account in account with the name names of all payees;
e) Any check e. Checks previously converted to a substitute check, as defined in ▇▇▇.▇▇Reg. CC;
f) Any check f. Checks drawn on a financial institution located outside the United States;
g) Any check foreign bank and/or that is a ‘remotely created check’, as defined in Reg CC;
h) Any check are not payable in United States currency;
i) Any check g. Checks that are payable on sight or payable through drafts, as defined in Reg. CC, or are remotely created checks, as defined in Reg. CC;
h. Checks that are undated, post-dated, or are dated more than 6 months prior to the date of deposit;
j) Any check i. Checks with any endorsement on the back other than that specified in this Agreement; j. Checks that have previously been deposited by any remote capture or item physical delivery;
k. Checks or items that are drawn or otherwise issued by the U.S. Treasury Department;
l. Checks that have previously been returned unpaid for any reason;
m. Travelers Checks;
n. Checks payable to “Cash”;
o. Checks transmitted from outside the United States;
p. Registered government warrants;
q. Money Orders; or
r. Checks that are prohibited by Dime’s our current procedures relating to RDS the mobile remote deposit capture feature, or which is are otherwise not acceptable under the terms of your Dime AccountDeposit Account Agreement, or as we may otherwise determine in our sole discretion;
k) Any s. Government checks of any type, state or federal. We may in our sole discretion, and without liability to you, refuse any check payable for any or no reason, or elect to take the check on sight or payable through drafta collection basis only. We reserve the right to charge back to your account, as defined in Reg. CC;
l) Any check not properly endorsed as specified herein; or
m) Any check that has previously been submitted through RDS or through a remote deposit capture service offered at any other financial institution.time, any item that we subsequently determine was an ineligible item. We are not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item
Appears in 1 contract
Sources: Digital Banking Service Agreement
Eligible Items. In using RDS, you You agree to scan and remotely deposit into a deposit Account only checks (“Checks” or “Items”), as that term is defined in Article 4 of the New York Uniform Commercial Code (“UCC”) that is not an Ineligible Item, as defined below Federal Reserve Board Regulation CC (“Reg CC”). You agree that you will not deposit, without our prior written consent, items prohibited by this Agreement, or in violation of applicable laws and/or regulations, or a “Substitute Check” as that term is defined by the Check Clearing for the 21st Century Act (also known as ‘Check 21’), which are sometimes also referred Electronic Item transmitted to as an Image Replacement Documents (“IRD”), that purport to be a substitute check and has not been previously endorsed by a bank. If you deposit such an Ineligible Item, you agree to reimburse us for any losses, costs and expenses we may incur associated with warranty, or indemnity claims, including but not limited to, the duplicate payment of a Check. You agree that using RDS to transmit an image of a check to Dime for deposit to your Account Farmers Savings Bank shall be deemed an "item" “Item” within the meaning of Articles 3 and Article 4 of the UCC and you warrant that: • The item is eligible for deposit using RDS; • The item is not a duplicate of an item previously deposited; • You will not re-deposit or re-present the item; • All information you provide to Dime in connection with the item is accurate and true; • You are in compliance with this Agreement and with all applicable laws, rules and regulations; • You are not aware of any factor which may impair the collectability of the item; and • You will indemnify and hold harmless Dime from any loss resulting from any breach of this warrantyprovisionUniform Commercial Code. You also agree that you will not use RDS the Service to electronically present to Dime for deposit any of the following “Ineligible Items”items that:
a) Any check or item a. Are made payable to any person persons or entity entities other than you (i.e., a double endorsedcheck)you;
b) Items that are issued by you or your affiliates drawn on your or your affiliates’ accountsb. Are payable jointly, unless deposited into an account in the name of all payees;
c) Any check or item containing an alteration c. Have any endorsement on the back other than that specified in this agreement;
d. Contain alterations on the front of the check or itemItem, or which you know or suspect, or should know or suspect is suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item Item is drawn;
d) Any check e. Are drawn or item payable jointly, unless deposited into otherwise issued by you or any other person on any of your accounts or any account on which you are an Account in the name of all payeesauthorized signer or joint account holder;
e) Any check f. Were previously converted to a substitute checkitem, as defined in ▇▇▇.▇▇Reg CC, or were otherwise cashed or deposited;
f) Any g. Have been previously deposited and returned;
h. Have been previously submitted or deposited through the remote check deposit service or through a remote deposit capture service of another financial institution;
i. Are drawn on a financial institution located outside that is not part of the United StatesU.S. Federal Reserve Bank System;
g) Any check that is a ‘j. Are remotely created check’checks, as defined in Reg CC;
h) Any check k. Are not payable in United States currency;
i) Any check l. Are payable to Cash;
m. Are a US Savings Bond, money order, cashier’s check, or travelers check;
n. Do not bear a signature of the person from whom the item is drawn or lack an issued date;
o. Are postdated or dated more than 6 months prior to the date of deposit;; or
j) Any check or item p. Are prohibited by DimeFarmers Savings Bank’s current procedures relating to RDS the Service or which is are otherwise not acceptable under the terms of your Dime Account;
k) Any Farmers Savings Bank account. Nothing in the Addendum shall be construed as requiring Farmers Savings Bank to accept any Item for deposit unless the check payable on sight and its electronic submission meet the requirements of this Addendum, even if Farmers Savings Bank has accepted that type of Item previously, nor shall Farmers Savings Bank be required to identify or payable through draftreject any checks. If you wish to deposit any Item in your account that is not eligible for the Service, as defined in Reg. CC;
l) Any check not properly endorsed as specified herein; or
m) Any check that has previously been submitted through RDS or through a remote deposit capture service offered at any other financial institutionyou shall do so only by depositing the original paper check.
Appears in 1 contract
Eligible Items. In using RDS, You hereby agree that you agree to will only scan and remotely deposit into a deposit Account checks (“Checks” or “Items”), check(s) as that term is defined in Article 4 of the New York Uniform Commercial Code (“UCC”) that is not an Ineligible Item, as defined below Federal Reserve Board Regulation CC (“Reg CC”). You agree that you will not deposit, without our prior written consent, items prohibited by the Image of the check that is transmitted to the Bank (each such check and other item is referred to in this Agreement, or in violation of applicable laws and/or regulations, or section as a “Substitute Check” and, if more than one, “Checks”) shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code of the Commonwealth of Massachusetts. You also acknowledge and agree that Mobile Deposits that you make using this service are not “Electronic Fund Transfers” as that term is defined by the Check Clearing for the 21st Century Act (also known as ‘Check 21’), which are sometimes also referred to as an Image Replacement Documents (“IRD”), that purport to be a substitute check and has not been previously endorsed by a bank. If you deposit such an Ineligible Item, you agree to reimburse us for any losses, costs and expenses we may incur associated with warranty, or indemnity claims, including but not limited to, the duplicate payment in Bureau of a Check. Consumer Financial Protection Regulation E. You agree that using RDS to transmit an image of a check to Dime for deposit to your Account shall be deemed an "item" within the meaning of Articles 3 and 4 of the UCC and you warrant that: • The item is eligible for deposit using RDS; • The item is not a duplicate of an item previously deposited; • You will not re-deposit or re-present the item; • All information you provide to Dime in connection with the item is accurate and true; • You are in compliance with this Agreement and with all applicable laws, rules and regulations; • You are not aware of any factor which may impair the collectability of the item; and • You will indemnify and hold harmless Dime from any loss resulting from any breach of this warrantyprovision. You further agree that you will not use RDS Mobile Deposit to electronically present to Dime for deposit any of the following Checks or other items (considered ineligible or “Ineligible ItemsProhibited Checks”:
a) Any check or item that: are payable to any person or entity other than you (i.e.yourself or otherwise to the owner of the account that the item is being deposited into, a double endorsedcheck);
b) Items that are issued drawn, or otherwise issued, by you on any of your Mobile Deposit Accounts maintained at another financial institution, are prohibited by Bank's then current procedures pertaining to Mobile Deposit or your affiliates drawn on your are in violation of any law, rule or your affiliates’ accounts;
c) Any check or item containing an alteration on the front of the check or itemregulation, or which you know or suspect, or should know or suspect is suspect, are altered on the front of the item, fraudulent or otherwise not authorized by the owner of the account Mobile Deposit Account on which the check Checks are drawn, have not been previously endorsed by a bank and are either “substitute checks” (as defined in Reg CC or item is drawn;
dother applicable federal law or regulation) Any check or item “image replacement documents” that purport to be substitute checks, without Bank’s prior written consent, are drawn on financial institutions that are located outside of the United States or Territories of the United States, are payable jointly, unless deposited into an a deposit Account in the name of all payees;
e) Any check previously converted to a substitute check, are remotely created checks, as defined in ▇▇▇.▇▇;
f) Any check drawn on a financial institution located outside the United States;
g) Any check that is a ‘Reg. CC, or are remotely created check’payment orders, as defined in Reg CC;
h) Any check are not payable in United States currency;
i) Any check , are dated more than 6 six (6) months prior to the date of deposit;
j) Any check or item prohibited by Dime’s current procedures relating to RDS or which is not acceptable under , have any endorsement on the terms of your Dime Account;
k) Any check payable on sight or payable through draftback other than that specified in this section, as defined in Reg. CC;
l) Any check not properly endorsed as specified herein; or
m) Any check that has have previously been submitted through RDS Mobile Deposit or through a remote deposit capture service offered at any other financial institution, are drawn or otherwise issued by the U.S. Treasury Department, and are not acceptable to Bank for deposit into a deposit Account as provided in the Account Agreement. If you deposit a Prohibited Check, you agree to indemnify and reimburse the Bank for, and hold the Bank harmless from and against, any and all losses, costs and expenses (including reasonable attorneys’ fees) that the Bank may incur associated with any warrant, indemnity or other claim related thereto. Furthermore, if, after first having obtained the Bank’s written consent to do so, you provide the Bank with an electronic representation of a substitute Check for deposit into a Mobile Deposit Account instead of an Original Check, you agree to indemnify and reimburse the Bank for, and hold the Bank harmless from and against, any and all losses, costs and expenses (including reasonable attorneys’ fees) the Bank incurs because any such substitute check resulting from such electronic representation does not meet applicable substitute check standards and/or causes duplicate payments.
Appears in 1 contract
Sources: Online Banking Services Agreement
Eligible Items. In using RDS, you You agree to scan and remotely deposit into a deposit Account only checks (“Checks” or “Items”), as that term is defined in Article 4 of the New York Uniform Commercial Code (“UCC”) that is not an Ineligible Item, as defined below Federal Reserve Board Regulation CC (“Reg CC”). You agree that you will not deposit, without our prior written consent, items prohibited by this Agreement, or in violation of applicable laws and/or regulations, or a “Substitute Check” as that term is defined by the Check Clearing for the 21st Century Act (also known as ‘Check 21’), which are sometimes also referred Electronic Item transmitted to as an Image Replacement Documents (“IRD”), that purport to be a substitute check and has not been previously endorsed by a bank. If you deposit such an Ineligible Item, you agree to reimburse us for any losses, costs and expenses we may incur associated with warranty, or indemnity claims, including but not limited to, the duplicate payment of a Check. You agree that using RDS to transmit an image of a check to Dime for deposit to your Account First Resource Bank shall be deemed an "item" “Item” within the meaning of Articles 3 and Article 4 of the UCC and you warrant that: • The item is eligible for deposit using RDS; • The item is not a duplicate of an item previously deposited; • You will not re-deposit or re-present the item; • All information you provide to Dime in connection with the item is accurate and true; • You are in compliance with this Agreement and with all applicable laws, rules and regulations; • You are not aware of any factor which may impair the collectability of the item; and • You will indemnify and hold harmless Dime from any loss resulting from any breach of this warrantyprovisionUniform Commercial Code. You also agree that you will not use RDS the Service to electronically present to Dime for deposit any of the following “Ineligible Items”Items that:
a) Any check or item a. Are made payable to any person persons or entity entities other than you (i.e., a double endorsedcheck)you;
b) Items that are issued by you or your affiliates drawn on your or your affiliates’ accounts;
c) Any check or item containing an alteration b. Contain alterations on the front of the check or itemItem, or which you know or suspect, or should know or suspect is suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item Item is drawn;
d) Any check c. Are drawn or item payable jointly, unless deposited into otherwise issued by you or any other person on any of your accounts or any account on which you are an Account in the name of all payeesauthorized signer or joint account holder;
e) Any check d. Were previously converted to a substitute checkitem, as defined in ▇▇▇.▇▇Reg CC, or were otherwise cashed or deposited;
f) Any check e. Are drawn on a financial institution located outside that is not part of the United StatesU.S. Federal Reserve Bank System;
g) Any check that is a ‘f. Are remotely created check’checks, as defined in Reg CC;
h) Any check g. Are not payable in United States currency;
i) Any check h. Are payable to Cash;
i. Are a US Savings Bond, money order, cashier’s check, or travelers check;
j. Do not bear a signature of the person from whom the item is drawn or lack an issued date;
k. Are postdated or dated more than 6 months prior to the date of deposit;; or
j) Any check or item l. Are prohibited by DimeFirst Resource Bank’s current procedures relating to RDS the Service or which is are otherwise not acceptable under the terms of your Dime Account;
k) Any First Resource Bank account. Nothing in this Addendum shall be construed as requiring First Resource Bank to accept any Item for deposit unless the check payable on sight and its electronic submission meet the requirements of this Addendum, even if First Resource has accepted that type of Item previously, nor shall First Resource be required to identify or payable through draft, as defined in Reg. CC;
l) Any check not properly endorsed as specified herein; or
m) Any check that has previously been submitted through RDS or through a remote deposit capture service offered at reject any other financial institutionchecks.
Appears in 1 contract
Eligible Items. In using RDS, you agree You may only use the Service to scan and remotely deposit into a deposit Account images of original checks (“Checks” i.e., drafts drawn on a bank, credit union, or “Items”), as savings and loan that term is defined in Article 4 of the New York Uniform Commercial Code (“UCC”) that is not an Ineligible Item, as defined below Federal Reserve Board Regulation CC (“Reg CC”are payable on demand). You agree that you will may not deposit, without our prior written consent, items prohibited by this Agreement, or in violation of applicable laws and/or regulations, or a “Substitute Check” as that term is defined by the Check Clearing for the 21st Century Act (also known as ‘Check 21’), which are sometimes also referred to as an Image Replacement Documents (“IRD”), that purport to be a substitute check and has not been previously endorsed by a bank. If you deposit such an Ineligible Item, you agree to reimburse us for any losses, costs and expenses we may incur associated with warranty, or indemnity claims, including but not limited to, the duplicate payment of a Check. You agree that using RDS to transmit an image of a check to Dime for deposit to your Account shall be deemed an "item" within the meaning of Articles 3 and 4 of the UCC and you warrant that: • The item is eligible for deposit using RDS; • The item is not a duplicate of an item previously deposited; • You will not re-deposit or re-present the item; • All information you provide to Dime in connection with the item is accurate and true; • You are in compliance with this Agreement and with all applicable laws, rules and regulations; • You are not aware of any factor which may impair the collectability of the item; and • You will indemnify and hold harmless Dime from any loss resulting from any breach of this warrantyprovision. You agree that you will not use RDS to electronically present to Dime for deposit any of the following “Ineligible Items”:
without our prior express written consent: (a) Any check or item checks payable to any person or entity other than you (i.e., a double endorsedcheckpayable to another party and then endorsed to you also known as third party checks);
; (b) Items that are issued by checks payable to you or your affiliates drawn and another party who is not a joint owner on your or your affiliates’ accounts;
Bank account; (c) Any check or item containing an alteration on the front checks that contain evidence of the check or itemalteration, or which that you know or suspect, or should know or suspect is suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn;
; (d) Any check or item payable jointlychecks that are irregular in anyway (e.g., unless deposited into an Account in where the name of all payees;
numerical and written amounts are different); (e) Any check checks previously converted to a substitute checkcheck (i.e., as defined in ▇▇▇.▇▇;
paper checks created from an electronic image); (f) Any check checks previously converted to an image replacement document; (g) checks drawn on a financial institution located outside the United States;
g; (h) Any remotely created checks or demand drafts (i.e., a check that does not bear the signature of the person who owns the account on which the check is a ‘remotely created check’, as defined in Reg CC;
hdrawn); (i) Any check checks that are not payable in United States currency;
iU.S. currency or that are sent from a location outside the U.S.; (j) Any check dated checks that are postdated or are more than 6 six months prior to old; (k) checks that do not comply with the date of deposit;
j) Any check or item prohibited by DimeBank’s current procedures relating to RDS the Service, as specified in the “Requirements” section below; (l) checks involving transactions that violate any federal or which is state law, rule or regulation; (m) checks payable to “Cash;” (n) checks that have previously been returned unpaid for any reason; (o) registered government warrants or payable-through drafts; (p) checks that exceed any limitation described in this Agreement; (q) checks that are otherwise not acceptable under the terms and conditions of your Dime Account;
k) Any check Bank account agreement: or checks payable on sight to Banc of California. Our processing of any of the checks described above will not obligate us to continue that practice, and we may stop doing so without cause or payable through draft, as defined in Regprior notice. CC;
l) Any check not properly endorsed as specified herein; or
m) Any check that has previously been submitted through RDS or through a remote You may use the Service to deposit capture service offered at any other financial institution.checks to the following eligible Bank deposit accounts:
Appears in 1 contract
Sources: Mobile Banking Agreement
Eligible Items. In using RDS, you You agree only to scan and remotely deposit into a deposit Account checks (capture images of “Checkschecks” or “Items”), as that term is defined in Article 4 of the New York Uniform Commercial Code (“UCC”) that is not an Ineligible Item, as defined below Federal Reserve Board Regulation CC (“Reg Reg. CC”). You agree that you will not deposit, without our prior written consent, items prohibited by this Agreement, or in violation of applicable laws and/or regulations, or a “Substitute Check” as that term When the image is defined by the Check Clearing for the 21st Century Act (also known as ‘Check 21’), which are sometimes also referred converted to as an Image Replacement Documents (“IRD”)Document for subsequent presentment and collection, that purport to be a substitute check and has not been previously endorsed by a bank. If you deposit such an Ineligible Item, you agree to reimburse us for any losses, costs and expenses we may incur associated with warranty, or indemnity claims, including but not limited to, the duplicate payment of a Check. You agree that using RDS to transmit an image of a check to Dime for deposit to your Account it shall be deemed an "item" within the meaning of Articles 3 and 4 of the UCC and you warrant that: • The item is eligible for deposit using RDS; • The item is not a duplicate of an item previously deposited; • You will not re-deposit or re-present the item; • All information you provide to Dime in connection with the item is accurate and true; • You are in compliance with this Agreement and with all applicable laws, rules and regulations; • You are not aware of any factor which may impair the collectability of the item; and • You will indemnify and hold harmless Dime from any loss resulting from any breach of this warrantyprovision. You agree that you will not use RDS to electronically present to Dime for deposit any of the following “Ineligible Items”:Uniform Commercial Code.
a) Any check or item a. Checks payable to any person or entity anyone other than you (i.e., a double endorsedcheck);
b) Items that are issued by you or your affiliates drawn on your or your affiliates’ accounts;
c) Any check or item containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect is fraudulent or otherwise not authorized by the owner of the account into which it is being deposited;
b. Checks drawn or issued by you; or drawn by others against an account on which the check you are a joint owner or item is drawnauthorized signer;
d) Any check or item c. Checks containing any unauthorized alteration;
d. Checks payable jointly, unless deposited into an Account in account with the name names of all payees;
e) Any check e. Checks previously converted to a substitute check, as defined in ▇▇▇.▇▇Reg. CC;
f) Any check f. Checks drawn on a financial institution located outside the United States;
g) Any check foreign bank and/or that is a ‘remotely created check’, as defined in Reg CC;
h) Any check are not payable in United States currency;
i) Any check g. Checks that are payable on sight or payable through drafts, as defined in Reg. CC, or are remotely created checks, as defined in Reg. CC;
h. Checks that are undated, post-dated, or are dated more than 6 months prior to the date of deposit;
j) Any check i. Checks with any endorsement on the back other than that specified in this Agreement; j. Checks that have previously been deposited by any remote capture or item physical delivery;
k. Checks or items that are drawn or otherwise issued by the U.S. Treasury Department;
l. Checks that have previously been returned unpaid for any reason;
m. Travelers Checks;
n. Checks payable to “Cash”;
p. Checks transmitted from outside the United States;
q. Registered government warrants;
r. Money Orders; or
s. Checks that are prohibited by Dime’s our current procedures relating to RDS the mobile remote deposit capture feature or which is are otherwise not acceptable under the terms of your Dime AccountDeposit Account Agreement or as we may otherwise determine in our sole discretion;
k) Any t. Government checks of any type, state or federal. We may in our sole discretion, and without liability to you, refuse any check payable for any or no reason, or elect to take the check on sight or payable through drafta collection basis only. We reserve the right to charge back to your account, as defined in Reg. CC;
l) Any check not properly endorsed as specified herein; or
m) Any check that has previously been submitted through RDS or through a remote deposit capture service offered at any other financial institution.time, any item that we subsequently determine was an ineligible item. We are not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item
Appears in 1 contract
Sources: Consumer Online and Mobile Banking Combined Agreement
Eligible Items. In using RDS, you You agree to scan and remotely use the Service only to deposit into a deposit Account checks (paper items that are defined as “Checkschecks” or “Items”), as that term is defined in Article 4 of the New York Uniform Commercial Code (“UCC”) that is not an Ineligible Item, as defined below under Federal Reserve Board Regulation CC (“Reg CC”). You agree that you will not deposit, without our prior written consent, items prohibited by this Agreement, or in violation of applicable laws and/or regulations, or a “Substitute Check” as that term is defined by use the Check Clearing for the 21st Century Act (also known as ‘Check 21’), which are sometimes also referred Service to as an Image Replacement Documents (“IRD”), that purport to be a substitute check and has not been previously endorsed by a bank. If you deposit such an Ineligible Item, you agree to reimburse us for any losses, costs and expenses we may incur associated with warranty, or indemnity claimsineligible items, including but not limited to, the duplicate payment of a Check. You agree that using RDS to transmit an image of a check to Dime for deposit to your Account shall be deemed an "item" within the meaning of Articles 3 and 4 of the UCC and you warrant that: • The item is eligible for deposit using RDS; • The item is not a duplicate of an item previously deposited; • You will not re-deposit or re-present the item; • All information you provide to Dime in connection with the item is accurate and true; • You are in compliance with this Agreement and with all applicable laws, rules and regulations; • You are not aware of any factor which may impair the collectability of the item; and • You will indemnify and hold harmless Dime from any loss resulting from any breach of this warrantyprovision. You agree that you will not use RDS to electronically present to Dime for deposit any of the following (collectively, “Ineligible Items”:):
a(i) Any check Checks or item items payable to any person or entity other than you, or payable to you (i.e., a double endorsedcheck)and another party;
b(ii) Items Checks payable to any person or entity other than the person or entity that are issued by you or your affiliates drawn on your or your affiliates’ accountsowns the Account that the check is being deposited into;
c(iii) Any check Checks or item items containing an alteration to any of the fields on the front of the check or itemitem (including the MICR line), or which you know or suspect, or should know or suspect is suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn;
d(iv) Any check Checks or item payable jointly, unless deposited into an Account in the name of all payees;
e) Any check items previously converted to a “substitute check, ” as defined in ▇▇▇.▇▇Reg CC;
f(v) Any check Checks or items drawn on a financial institution located outside the United StatesStates or Canada;
g(vi) Any check Checks or items that is a ‘are “remotely created check’, checks” as defined in Reg CC;
h(vii) Any check Checks that have previously been deposited by or returned to Client;
(viii) Checks or items not payable in United States currency;
i(ix) Any check Checks or items that are undated, post-dated, or stale-dated (i.e., more than 6 months prior to the date of depositold);
j(x) Any check Checks or item items on which a stop payment order has been issued or for which there are insufficient funds;
(xi) Checks or items prohibited by Dime’s our current procedures relating to RDS the Service or which is are otherwise not acceptable under the terms of your Dime the Account;
k(xii) Any check payable Checks with any endorsement on sight the back other than the restrictive endorsement required for checks deposited using this Service; and
(xiii) Money orders, traveler’s checks, insurance drafts, or payable through draft, as defined in Reg. CC;
l) Any check not properly endorsed as specified herein; or
m) Any check that has previously been submitted through RDS or through a remote deposit capture service offered at any other financial institutioncredit card cash advance checks.
Appears in 1 contract
Sources: Digital Banking Services Agreement
Eligible Items. In using RDS, You hereby agree that you agree to will only scan and remotely deposit into a deposit Account checks (“Checks” or “Items”), as that such term is defined in Article 4 of the New York Uniform Commercial Code (“UCC”) that is not an Ineligible Item, as defined below Federal Reserve Board Regulation CC (“Reg CC”). You agree that you will not deposit, without our prior written consent, items prohibited by the Image of the Check that is transmitted to the Bank (each such Check and other item is referred to in this Agreement, or in violation of applicable laws and/or regulations, or section as a “Substitute Check” and, if more than one, “Checks”) shall be deemed to be an “item” within the meaning of Articles 3 & 4 of the UCC. You also acknowledge and agree that Mobile Deposits that you make using this Service are not “Electronic Fund Transfers” as that term is defined by in the Check Clearing for EFTA and/or the 21st Century Act (also known as ‘Check 21’), which are sometimes also referred to as an Image Replacement Documents (“IRD”), that purport to be a substitute check and has not been previously endorsed by a bank. If you deposit such an Ineligible Item, you agree to reimburse us for any losses, costs and expenses we may incur associated with warranty, or indemnity claims, including but not limited to, the duplicate payment of a Check. Consumer Financial Protection Bureau’s Regulation E. You agree that using RDS to transmit an image of a check to Dime for deposit to your Account shall be deemed an "item" within the meaning of Articles 3 and 4 of the UCC and you warrant that: • The item is eligible for deposit using RDS; • The item is not a duplicate of an item previously deposited; • You will not re-deposit or re-present the item; • All information you provide to Dime in connection with the item is accurate and true; • You are in compliance with this Agreement and with all applicable laws, rules and regulations; • You are not aware of any factor which may impair the collectability of the item; and • You will indemnify and hold harmless Dime from any loss resulting from any breach of this warrantyprovision. You further agree that you will not use RDS Mobile Deposit to electronically present to Dime for deposit any of the following Checks or other ineligible items (“Ineligible ItemsProhibited Checks”:
a) Any check or item that: ▪ are payable to any person or entity other than you (i.e., a double endorsedcheck);
b) Items that are issued by you yourself or your affiliates drawn on your or your affiliates’ accounts;
c) Any check or item containing an alteration on to the front owner of the check Account that the item is being deposited into; ▪ are non-cash items (as defined under Section 229.2(u) of Federal Reserve’s Regulation C); ▪ are prohibited by Bank’s then current procedures pertaining to Mobile Deposit or item, or which are in violation of any Applicable Laws Rules; ▪ you know or suspect, or should know or suspect is fraudulent suspect, are altered on the front of the item, fraudulent, or otherwise not authorized by the owner of the account on which the check Checks are drawn; ▪ have not been previously endorsed by a bank and are either “substitute checks” (as defined in Regulation CC or item is drawn;
dother applicable federal law or regulation) Any check or item “image replacement documents” that purport to be substitute checks, without Bank’s prior written consent; ▪ are drawn on financial institutions that are located outside of the United States or Territories of the United States; ▪ are payable jointly, unless deposited into an a deposit Account in the name of all payees;
e) Any check previously converted to a substitute check, as defined in ▇▇▇.▇▇;
f) Any check drawn on a financial institution located outside the United States;
g) Any check that is a ‘; ▪ are remotely created check’checks, as defined in Reg CC;
h) Any check , or are remotely created payment orders; ▪ are not payable in United States currency;
i) Any check ; ▪ are dated more than 180 days (6 months months) prior to the date of deposit;
j) Any check ; ▪ have any endorsement on the back other than that specified in this section; ▪ are post-dated checks (dated later than today’s date; future dated); ▪ are checks drawn on the same Bank account number; ▪ are checks made payable to Cash; ▪ are U.S. Treasury Checks, Cashier Checks, Money Orders, or item prohibited by Dime’s current procedures relating to RDS or which is not acceptable under the terms of your Dime Account;
k) Any check payable on sight or payable through draft, as defined in Reg. CC;
l) Any check not properly endorsed as specified hereinTraveler Checks; or
m) Any check that has ▪ have previously been submitted through RDS Mobile Deposit or through a remote deposit capture service offered at any other financial institution; or ▪ are not acceptable to Bank for deposit into a Deposit Account as otherwise provided herein or in the Account Agreements. If you deposit a Prohibited Check, you agree to reimburse, indemnify, and hold harmless Bank and its shareholders, affiliates, officers, directors, representatives, agents, employees, successors, and assigns from and against any and all Losses arising therefrom or in connection therewith, or associated with any warranty, indemnity, or other claim related thereto. Furthermore, if, after first having obtained the Bank’s written consent to do so, you provide the Bank with an electronic representation of a substitute Check for deposit into a Mobile Deposit Account instead of a Check, you agree to reimburse, indemnify, and hold harmless the Bank and its shareholders, affiliates, officers, directors, representatives, agents, employees, successors, and assigns from and against, any and all Losses arising from or relating to any such electronic representation not meeting applicable substitute check standards and/or that causes duplicate payments.
Appears in 1 contract
Sources: Digital Banking Access Agreement
Eligible Items. In using RDS, you You agree only to scan and remotely deposit into a deposit Account checks (capture images of “Checkschecks” or “Items”), as that term is defined in Article 4 of the New York Uniform Commercial Code (“UCC”) that is not an Ineligible Item, as defined below Federal Reserve Board Regulation CC (“Reg Reg. CC”). You agree that you will not deposit, without our prior written consent, items prohibited by this Agreement, or in violation of applicable laws and/or regulations, or a “Substitute Check” as that term When the image is defined by the Check Clearing for the 21st Century Act (also known as ‘Check 21’), which are sometimes also referred converted to as an Image Replacement Documents (“IRD”)Document for subsequent presentment and collection, that purport to be a substitute check and has not been previously endorsed by a bank. If you deposit such an Ineligible Item, you agree to reimburse us for any losses, costs and expenses we may incur associated with warranty, or indemnity claims, including but not limited to, the duplicate payment of a Check. You agree that using RDS to transmit an image of a check to Dime for deposit to your Account it shall be deemed an "item" within the meaning of Articles 3 and 4 of the UCC and you warrant that: • The item is eligible for deposit using RDS; • The item is not a duplicate of an item previously deposited; • You will not re-deposit or re-present the item; • All information you provide to Dime in connection with the item is accurate and true; • You are in compliance with this Agreement and with all applicable laws, rules and regulations; • You are not aware of any factor which may impair the collectability of the item; and • You will indemnify and hold harmless Dime from any loss resulting from any breach of this warrantyprovision. You agree that you will not use RDS to electronically present to Dime for deposit any of the following “Ineligible Items”:Uniform Commercial Code.
a) Any check or item a. Checks payable to any person or entity anyone other than you (i.e., a double endorsedcheck);
b) Items that are issued by you or your affiliates drawn on your or your affiliates’ accounts;
c) Any check or item containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect is fraudulent or otherwise not authorized by the owner of the account into which it is being deposited;
b. Checks drawn or issued by you; or drawn by others against an account on which the check you are a joint owner or item is drawnauthorized signer;
d) Any check or item c. Checks containing any unauthorized alteration;
d. Checks payable jointly, unless deposited into an Account in account with the name names of all payees;
e) Any check e. Checks previously converted to a substitute check, as defined in ▇▇▇.▇▇Reg. CC;
f) Any check f. Checks drawn on a financial institution located outside the United States;
g) Any check foreign bank and/or that is a ‘remotely created check’, as defined in Reg CC;
h) Any check are not payable in United States currency;
i) Any check g. Checks that are payable on sight or payable through drafts, as defined in Reg. CC, or are remotely created checks, as defined in Reg. CC;
h. Checks that are undated, post-dated, or are dated more than 6 months prior to the date of deposit;
j) Any check i. Checks with any endorsement on the back other than that specified in this Agreement; j. Checks that have previously been deposited by any remote capture or item prohibited by Dime’s current procedures relating to RDS or which is not acceptable under the terms of your Dime Accountphysical delivery;
k) Any check payable on sight k. Checks or payable through draft, as defined in Reg. CCitems that are drawn or otherwise issued by the U.S. Treasury Department;
l) Any check not properly endorsed as specified herein; or
m) Any check l. Checks that has have previously been submitted through RDS or through a remote deposit capture service offered at returned unpaid for any other financial institution.reason;
m. Travelers Checks;
n. Checks payable to “Cash”;
Appears in 1 contract
Sources: Consumer Online and Mobile Banking Combined Agreement
Eligible Items. In using RDS, you You agree to scan and remotely deposit into a deposit Account checks (only “Checkschecks” or “Items”), as that term is defined in Article 4 of the New York Uniform Commercial Code (“UCC”) that is not an Ineligible Item, as defined below Federal Reserve Board Regulation CC (“Reg Reg. CC”). You agree that you will not deposit, without our prior written consent, items prohibited by this Agreement, or in violation When the image of applicable laws and/or regulations, or a “Substitute Check” as that term the check transmitted to the Credit Union is defined by the Check Clearing for the 21st Century Act (also known as ‘Check 21’), which are sometimes also referred converted to as an Image Replacement Documents Document (“IRD”)) for subsequent presentment and collection, that purport to be a substitute check and has not been previously endorsed by a bank. If you deposit such an Ineligible Item, you agree to reimburse us for any losses, costs and expenses we may incur associated with warranty, or indemnity claims, including but not limited to, the duplicate payment of a Check. You agree that using RDS to transmit an image of a check to Dime for deposit to your Account it shall thereafter be deemed an "“item" ” within the meaning of Articles 3 and 4 of the UCC and you warrant that: • The item is eligible for deposit using RDS; • The item is not a duplicate of an item previously deposited; • You will not re-deposit or re-present the item; • All information you provide to Dime in connection with the item is accurate and true; • You are in compliance with this Agreement and with all applicable laws, rules and regulations; • You are not aware of any factor which may impair the collectability of the item; and • You will indemnify and hold harmless Dime from any loss resulting from any breach of this warrantyprovisionUniform Commercial Code. You agree that you will not use RDS to electronically present to Dime for scan and deposit any of the following “Ineligible Items”:
a) Any check types of checks or item other items which shall be considered ineligible items: Checks payable to any person or entity other than you (i.e., a double endorsedcheck);
b) Items the person or entity that are issued by you or your affiliates drawn on your or your affiliates’ accounts;
c) Any owns the account that the check or item is being deposited into; Checks containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect is suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn;
d) Any check or item ; Checks payable jointlyto joint account owners, unless endorsed by both and deposited into an Account in the name of all payees;
e) Any check joint account; Checks previously converted to a substitute check, as defined in ▇▇▇.▇▇;
f) Any check Reg. CC; Checks drawn on a financial institution located outside the United States;
g) Any check ; Checks that is a ‘are remotely created check’checks, as defined in Reg Reg. CC;
h) Any check ; Checks not payable in United States currency;
i) Any check ; Checks dated more than 6 months prior to the date of deposit;
j) Any check ; Checks or item items prohibited by Dimethe Credit Union’s current procedures relating to RDS the Services or which is are otherwise not acceptable under the terms of your Dime Account;
kthe Credit Union’s account(s) Any check you maintain with us; Checks payable on sight or payable through draftDrafts, as defined in Reg. CC;
l) Any check not properly endorsed as ; Checks with any endorsement on the back other than that specified hereinin this agreement; or
m) Any check Checks that has have previously been submitted through RDS the Service or through a remote deposit capture service offered at any other financial institution; Checks or items that are drawn or otherwise issued by the U.S. Treasury Department.
Appears in 1 contract
Sources: Mobile Banking Services Agreement
Eligible Items. In using RDS, you You agree only to scan and remotely deposit into a deposit Account checks (capture images of “Checkschecks” or “Items”), as that term is defined in Article 4 of the New York Uniform Commercial Code (“UCC”) that is not an Ineligible Item, as defined below Federal Reserve Board Regulation CC (“Reg Reg. CC”). You agree that you will not deposit, without our prior written consent, items prohibited by this Agreement, or in violation of applicable laws and/or regulations, or a “Substitute Check” as that term When the image is defined by the Check Clearing for the 21st Century Act (also known as ‘Check 21’), which are sometimes also referred converted to as an Image Replacement Documents (“IRD”)Document for subsequent presentment and collection, that purport to be a substitute check and has not been previously endorsed by a bank. If you deposit such an Ineligible Item, you agree to reimburse us for any losses, costs and expenses we may incur associated with warranty, or indemnity claims, including but not limited to, the duplicate payment of a Check. You agree that using RDS to transmit an image of a check to Dime for deposit to your Account it shall be deemed an "item" within the meaning of Articles 3 and 4 of the UCC and you warrant that: • The item is eligible for deposit using RDS; • The item is not a duplicate of an item previously deposited; • You will not re-deposit or re-present the item; • All information you provide to Dime in connection with the item is accurate and true; • You are in compliance with this Agreement and with all applicable laws, rules and regulations; • You are not aware of any factor which may impair the collectability of the item; and • You will indemnify and hold harmless Dime from any loss resulting from any breach of this warrantyprovision. You agree that you will not use RDS to electronically present to Dime for deposit any of the following “Ineligible Items”:Uniform Commercial Code.
a) Any check or item a. Checks payable to any person or entity anyone other than you (i.e., a double endorsedcheck);
b) Items that are issued by you or your affiliates drawn on your or your affiliates’ accounts;
c) Any check or item containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect is fraudulent or otherwise not authorized by the owner of the account into which it is being deposited;
b. Checks drawn or issued by you; or drawn by others against an account on which the check you are a joint owner or item is drawnauthorized signer;
d) Any check or item c. Checks containing any unauthorized alteration;
d. Checks payable jointly, unless deposited into an Account in account with the name names of all payees;
e) Any check e. Checks previously converted to a substitute check, as defined in ▇▇▇.▇▇Reg. CC;
f) Any check f. Checks drawn on a financial institution located outside the United States;
g) Any check foreign bank and/or that is a ‘remotely created check’, as defined in Reg CC;
h) Any check are not payable in United States currency;
i) Any check g. Checks that are payable on sight or payable through drafts, as defined in Reg. CC, or are remotely created checks, as defined in Reg. CC;
h. Checks that are undated, post-dated, or are dated more than 6 months prior to the date of deposit;
j) Any check i. Checks with any endorsement on the back other than that specified in this Agreement; j. Checks that have previously been deposited by any remote capture or item prohibited by Dime’s current procedures relating to RDS or which is not acceptable under the terms of your Dime Accountphysical delivery;
k) Any check payable on sight k. Checks or payable through draft, as defined in Reg. CCitems that are drawn or otherwise issued by the U.S. Treasury Department;
l) Any check not properly endorsed as specified hereinl. Checks that have previously been returned unpaid for any reason;
m. Travelers Checks;
n. Checks payable to “Cash”;
o. Checks transmitted from outside the United States;
p. Registered government warrants; q. Money Orders; or
m) Any check that has previously been submitted through RDS or through a remote deposit capture service offered at any other financial institution.
Appears in 1 contract
Sources: Consumer Online and Mobile Banking Combined Agreement