Common use of Funds Availability May Be Delayed Clause in Contracts

Funds Availability May Be Delayed. The items transmitted using My Deposit and Mobile Deposit Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. Hawaii State FCU may delay the availability of funds deposited through My Deposit or Mobile Deposit Services in its discretion. To avoid delay, you may go to any Hawaii State FCU branch to deposit the Original Check instead of using My Deposit or Mobile Deposit Services. Credit given for any item is provisional and subject to final approval of the item. You are responsible for any funds credited to your account if the Check is returned unpaid for any reason at any time, irrespective of when the funds are made available to you. Any credit to your account for Checks deposited using My Deposit or Mobile Deposit Services is provisional. If Checks deposited through My Deposit or Mobile Deposit Services are dishonored, rejected or otherwise returned unpaid by the drawee bank, or are rejected or returned by a clearing agent or collecting bank, for any reason (including, but not limited to, issues relating to the quality of the Check Image), you agree that an Original Check will not be returned to you, but that we may charge back the amount of the Check and provide you with an image of the Check, a substitute Check, or other Image Replacement Document (IRD). You will reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned item. Without our approval, you shall not attempt to deposit or otherwise negotiate a Check if it has been charged back to you. We may debit any of your accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item, or for any warranty claim related to such item. We may do this whether or not the rejection, return, adjustment or warranty claim was made timely. To redeposit a dishonored Check previously submitted through My Deposit or Mobile Deposit Services, please take the IRD of the Check to a Hawaii State FCU branch. Applicable fees may be assessed each time a Check is dishonored. Refer to the Hawaii State FCU Fee Schedule. You shall have no right to cancel any Check submitted via My Deposit or Mobile Deposit Services after receipt of the Check Image by Hawaii State FCU. However, Hawaii State FCU may be able act on your request to cancel the deposit, but Hawaii State FCU shall have no liability if such cancellation is not implemented or completed. You agree to indemnify, defend and hold Hawaii State FCU harmless for any expenses, losses, or damages incurred in connection with your request. You make the following warranties and representations with respect to each Check Image: • Each Check Image is a true and accurate rendition of the front and back of the Original Check, without any alteration, and the drawer of the Check has no defense against payment of the Check. • The amount, payee(s), signature(s), and endorsement(s) on the Check Image and on the Original Check are legible, genuine, and accurate. • There are no other duplicate images of the Original Check. • The Original Check is a paper Check and was authorized by the drawer in the amount stated on the Original Check and to the payee(s) stated on the Original Check. • You are authorized to enforce and obtain payment of the Original Check. • You have physical possession of the Original Check and you created the Check Image from the Original Check. • With respect to each Check Image, you make to us all representations and warranties that we make or are deemed to make to any party pursuant to law, regulation or clearinghouse rule. You agree that files and Check Images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems. • Neither the Original Check nor any form of the Check or Check Image has been (nor will be) endorsed, negotiated, deposited, or otherwise submitted for payment anywhere other than to deposit the Check Image to your Hawaii State FCU account. • Neither the Original Check nor any form of the Check or Check Image has been returned or rejected for any reason. • You will not use My Deposit or Mobile Deposit and/or your accounts for any illegal activity or transaction. You warrant that you will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations. You are solely responsible for the quality, completeness, accuracy, validity and integrity of the Check Image. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible Check Images to us or if My Deposit and Mobile Deposit Services are used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable Check Images to us. ****************************************************************************************************