Mobile Banking Terms and Conditions

Mobile Banking Terms and Conditions

Addendum to existing Online Banking Terms and Conditions
Please read this information carefully and retain a copy for your records

These MICU terms and conditions (“Mobile Banking Addendum” or “Addendum”) serve as an addendum to Mid-Illini Credit Union’s Online Banking Terms and Conditions (collectively, ‘the agreement’) that govern MICU’s online banking service which hereinafter includes the Mobile Banking Services by the terms of this addendum.

1.    Scope and Changes to Addendum
Your use of Mobile Banking (also referred to as the “Service(s)”) is governed by this addendum which shall at times remain subject to and be part of the online banking terms and conditions, the terms of which are incorporated herein by this reference. The online banking terms and conditions can be found at www.midillinicu.com.

In order to use Mobile Banking, you must be enrolled in MICU’s online banking service. Your use of the Mobile Banking Service constitutes your acceptance of the most recent version of the Agreement as updated from time to time. You agree that Mid-Illini Credit Union (hereinafter, “bank, we, us, MICU or our”) may notify you of any changes to this Addendum through a communication or message posted in the Mobile Banking Service, or as otherwise determined by us in our sole discretion, which will also serve to amend the online banking terms and conditions.

In addition, you agree that MICU will from time to time communicate to you important information within Online Banking (www.midillinicu.com) and not in the Mobile App. For example, we may periodically alert you to, and may require your acceptance of, updates to the online banking terms and conditions during an online banking session. (Any updates to the online banking terms and conditions will serve to amend this Mobile Banking addendum). 

Therefore, you agree to periodically login to online banking, no less often than once every 30 days whether you actively use online banking or not, in order to receive any such notices or updates. Should you fail to do so, and without any further reaction on your part or our part, you hereby agree to be bound to any such communications that MICU provides within online banking (including notice of updates to the online banking terms and conditions) during those periods of time which you fail to login to Online Banking.

2.    Relationship to Apple and Google
This Addendum is between you and us and not between you and Apple or Google. MICU is responsible for the mobile app and the service as set forth in this Addendum. You acknowledge and agree that, to the extent you use an Apple device, Apple, and Apple’s subsidiaries are third party beneficiaries of this Addendum, and that, upon your acceptance of this Addendum, Apple will have the right (and will be deemed to have accepted the right) to enforce this Addendum against you as a a third party beneficiary thereof.

3.    Acceptance and Privacy Policy
By using the mobile app and service, you agree that you have read, agree with, and accept all of the terms and conditions in this Addendum, MICU’s online banking terms and conditions, as well as our Privacy Policy which is available via a link on the login page of the Mobile App and also located at the bottom of every page on our website at www.midillinicu.com. The Privacy Policy is incorporated into herein by this reference.

4.    Definitions. Unless otherwise stated herein, all terms defined in the Online Banking Terms and Conditions shall have the same meaning when used in this Addendum. In addition, the following capitalized terms when used in this Addendum have the meanings set forth below.

“MICU Mobile Deposit” means that part of the service that permits certain users to remotely deposit checks.

“Mobile Banking” or the “Service(s)” as used in this Addendum means all of the features and functionality in the Mobile App (as may be changed from time to time and including the Mobile App itself as defined herein), all of which are part of and fall under the definition of “Service” as defined in the Online Banking Terms and Conditions.

“Privacy Policy” means the applicable privacy statement posted on our website. The Privacy Policy applies in addition to and is not intended to replace any other applicable privacy policy that may apply in connection with your use of the Service.

“Supported Device” means a compatible, mobile communications device, including specified operating system releases and specified mobile wireless carrier networks, which have been approved by MICU for use with the mobile app and the Service.

“Transaction” as defined in the Online Banking Terms and Conditions shall include all services offered through Mobile Banking, including but not limited to MICU Remote Deposit.

5.    General Terms Governing the Mobile App and Service Fees

MICU does not charge for the service, except for MICU Remote Deposit which has the following fee structure:

A $0.50 fee is charged for each check deposited into an eligible personal account using MICU Mobile Deposit.

YOU ACKNOWLEDGE THAT WE MAY AT ANY TIME, UPON NOTICE, IF REQUIRED BY APPLICABLE LAW OR OTHERWISE PROVIDED IN OUR SOLE DISCRETION, INSTITUTE CHARGES OR FEES OR CHANGE EXISTING FEES FOR YOUR USE OF THE SERVICE.

Additionally, charges and fees from your mobile carrier are independent from any fees that may be charged by us. Please consult with your mobile carrier regarding carrier, data, and web access charges.

a.    Compatible Mobile Devices and Third-Party Agreements

MICU does not warrant and expressly disclaims that the service will be compatible with your supported device. You must comply with any applicable third party agreements when using the Mobile App and Service, for example, if you have VoIP application, you must not be in violation of your wireless data service agreement when using the Mobile App.

b.    Location Data

You understand that when you use any location-based feature, your geographic location and other Supported Device information is accessible by the Mobile App and Service. If you do not wish for the Mobile App and Service to access that information, you must not use such location/geography based features (IE – locate the nearest ATM) or take other measures permitted by your Supported Device such as disabling location/geography services or denying access to your location data when indicated or prompted on your Supported Device.

6.    MICU Mobile Deposit Terms and Conditions

a.    Mid-Illini Credit Union (MICU) Mobile Deposit allows eligible MICU members to deposit eligible paper items (the original being a “paper item” to your eligible checking or savings accounts at Mid-Illini Credit Union by capturing an electronic image of the paper item with a capture device (such as a camera) on your supported device and submitting images and associated information to us for the processing (the electronic version of the paper item that is transmitted to us being an “electronic image”).

We reserve the right to not accept any check at any time, and/or to refuse to accept any ineligible item (as that term is defined herein and subject to other applicable provisions herein), for MICU Mobile Deposit, at our sole discretion, without liability to you and without establishing any sort of course of dealing upon which you may rely in the future.

We are not responsible for checks or items we do not receive in accordance with this Addendum or for transmitted images that are dropped or damaged during transmission.

Except as expressly provided in this addendum, items deposited through MICU Mobile Deposit are subject to all limitations and terms set forth in the relevant deposit agreement governing your account as it may be modified from time to time, including, but not limited to, those related to deposit acceptance, crediting, collection, endorsement, processing order and errors. In addition, any item accepted for deposit through MICU Mobile Deposit will be deemed to have been deposited at the office where the deposit account is maintained.

b.    Applicability of the UCC

Any item transmitted to us for deposit via mobile deposit and converted to an electronic image or subsequent presentment and collection, shall be considered an “item” subject to the rules of Articles 3 and 4 of the Uniform Commercial Code (“item”). We reserve the right to change any eligibility requirements at any time without prior notice.

c.    Eligible supported devices for MICU Mobile Deposit

MICU Mobile Deposit is supported on the latest versions of the most popular Android and Apple devices.

d.    Eligible Members

To be eligible for MICU Mobile Deposit, you must be actively enrolled in MICU’s online banking service, and have downloaded the mobile app. Furthermore, for personal account owners, you must also be 18 years of age or older and the owner of an eligible personal account. For Business Account owners, you must be the owner of an eligible business account.

e.    Eligible Accounts

To be eligible for MICU Mobile Deposit, your personal checking or savings account(s) must (at the time of the mobile deposit) have been open for at least 30 days prior and considered in good standing. If you have any accounts that are not in good standing, all of your accounts may be ineligible.

f.     Termination or Suspension and Changes. We have the right suspend or terminate the MICU Mobile Deposit service and/or your use or access to the Service at any time in our sole discretion, including but not limited to (i) if you or your account(s) do not meet the eligibility requirements for the service, (ii) if you are in violation of this Addendum or any other related agreements with us, or (iii) if you utilize MICU Mobile Deposit for fraudulent or other improper or unlawful purposes. We also reserve the right to change the MICU Mobile Deposit terms and conditions at any time and upon notice to you if required by law or as the credit union determines at its sole discretion.

g.    Warranties. You warrant the following (i through iv, including all subparts):

                              i.        Eligible Paper Items. You will scan and transmit only “checks” as that term is defined in Federal Reserve Regulation CC (“Reg CC”) and only checks that qualify as eligible Paper Items under this Addendum or such other Paper Items as we, in our sole discretion, elect to include under the service (which shall not establish any sort of course of dealing upon which you may rely in the future). Eligible Paper Items are paper checks (i.e., consumer checks, business checks, corporate checks, money orders controlled disbursement checks, payable through draft or travelers checks) drawn on domestic financial institutions that are payable in US dollars and made payable to, and endorsed by (as required herein), you. Any item not considered an Eligible Paper Item is considered an “Ineligible Item.” You warrant that you will not use MICU Mobile Deposit to deposit any ineligible item including but not limited to any of the following:

1.    Checks or items payable to any person or entity other than you;

2.    Checks or items payable jointly, unless endorsed by all payees and deposited into an account jointly owned by all payees;

3.    Check or items drawn on a financial institution located outside the United States;

4.    Check or items containing alterations to any of the fields on the front of the item (including the MICR line), or which you know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the item is drawn;

5.    U.S. Treasury checks, U.S. saving bonds and other non-check items, third party checks, items drawn in foreign currency, any item without valid routing and account number information, and substitute checks (image replacement documents);

6.    Checks or items previously converted to a substitute check, as defined in Reg CC;

7.    Checks or items that are remotely created checks, as defined in Reg CC; ;

8.    Checks or items dated more than 6 months prior to the date of deposit;

9.    Checks or items on which a stop payment order has been issued or for which there are insufficient funds;

10.Checks or items payable on sight or payable through drafts, as defined in Reg CC;

11.Check or items with any endorsement on the back other than that specified in this Addendum;

12.Check or items that have previously been submitted through the service offered at MICU or any other financial institution;

13.Check or items that do not include all signatures or endorsements required for their negotiation, and

14.Any other checks or items prohibited by our then-current procedures relating to MICU Mobile Deposit; Mobile App, the Service, or which are otherwise not acceptable under the terms of your applicable checking, savings, or money market account and related agreement with us.

Should you deposit any ineligible items, you shall only do so by depositing the original paper item on which the ineligible item is based. If we process the image to which the ineligible item relates, the electronic image, substitute check, or the purported substitute check created by us may be returned to us for many possible reasons. The fact that we accepted and processed the ineligible item does not change or alter your warranties and obligations made hereunder and such item will be considered an Electronic Image or item under this Addendum but only to the extent necessary for the Credit Union to enforce its rights hereunder. 

                     ii.        Image Quality.The Electronic Image of an item transmitted using MICU Mobile Deposit will be legible and clear. It will not be altered. It will capture all pertinent information from both sides of the Paper Item (make sure all four corners of the check are included in the picture). Image quality will comply with industry requirements established and updated by the ANSI, Federal Reserve Board and any other regulatory agency.

                    iii.        Endorsement.You will endorse all items captured and submitted using MICU Mobile Deposit and include the phrase “For mobile deposit only at Mid-Illini Credit Union.”

                   iv.        Disposal of Transmitted Items.Once the deposit history screen confirms that the Electronic Image has been accepted for mobile deposit (“ü”), you will (i) clearly write on the front of the Paper Item “Mobile Deposit - (Date)” and (ii) retain the Paper Item for no less than 7 days in a secure and locked location that is only accessible by you or others authorized by you as needed. You agree to provide us with the original Paper Item as requested. After 7 days, you will securely and irretrievably destroy the original Paper Item as soon as reasonably possible, but no more than 30 days after the Electronic Image has been accepted for mobile deposit (“ü”). Cross-shredding is recommended.

                    v.        Restrictions and Limitations.You warrant the following:

1.    Only checks that originated as paper items and no third party, substitute or electronic checks will be deposited using MICU Mobile Deposit.

2.    You will not attempt to deposit any item(s) greater than the “per item” limit established for your account, which shows at the top of the screen when you start to make a deposit. Nor will you attempt to deposit multiple items that exceed the “maximum dollar per day” limit established for your account. The maximum amount of all mobile deposits in any calendar month shall not exceed five times your daily limit. Your account limit may vary, depending on your credit score, historical use of the service and other relevant factors. Check with the credit union to determine the remote deposit limits for your account.

3.    You will not re-deposit or re-present (through MICU Mobile Deposit or otherwise) the original Paper Item deposited, or otherwise transfer or negotiate the original Paper Item (unless the service indicated the item is not eligible for MICU Mobile Deposit).

4.    You will not deposit or cash any item, and then attempt to use or utilize MICU Mobile Deposit with the same item.

5.    You will not deposit items into your account unless you have authority to do so.

6.    You will take no action that will result in more than one depository bank, drawee, drawer or endorser receiving presentment or return of, or otherwise being charged for, the substitute check, original check, or a paper or electronic representation of the substitute check or original check such that that entity will be asked to make a payment based upon a check that it already has paid.

7.    After you submit an Electronic Image for deposit you remain solely responsible for the storage or destruction of the original Paper Item.

8.    The Electronic Image of the Paper Item will become the legal representation of the original Paper Item for all purposes.

9.    Any Electronic Image we receive will accurately and legibly represent all of the information on the front and back of the original Paper Item as originally drawn.

10.Images will meet our image quality standards.

11.All information you provide to us is accurate and true, in particular all Electronic Images transmitted to us will accurately reflect the front and back of the original Paper Item at the time it was scanned.

12.You will not submit an image or images of the same Paper Item to us more than once and will not deposit or negotiate, or seek to deposit or negotiate, such check with any other party.

13.You will not submit checks or items that you are not entitled to enforce.

14.You will use the Services only for your own deposits and will not allow the use of the Service by way of a service bureau business, timesharing, or otherwise disclose or allow use of the Service by or for the benefit of any third party.

                   vi.        Errors.You will notify us of any suspected errors related to any deposit you make through MICU Mobile Deposit in accordance with Online Banking Terms and Conditions, this Addendum and the applicable deposit account agreement. Usually, notification of a suspected error is required, in writing, within 10 business days after you become aware of the suspected error. Other conditions may apply to your specific situation; refer to the applicable account agreement.

h.    Processing Time and Availability of Funds.You agree that items deposited through the

service are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. Once a check is given the “Accepted” status in the Service (“ü”), funds will be available to you on the next Business Day, unless a hold is applied. You will be notified through mail if a hold has been applied.

 

Time of Mobile Deposit*

When funds are normally available

 

Prior to 4 pm CT on a Business Day

Same Business Day

 

4 pm CT or after on a Business Day

Next Business Day

 

Non-Business Day

Next Business Day

 

*All mobile deposits are subject to verification and we may limit funds availability on checks deposited via the Service in any manner allowed by applicable law or our deposit agreement.

i.      Investigations.You agree to cooperate with us in the investigation of any deposit attempted through the Service for any reason (e.g., unusual transactions, poor quality transmission, returned items, and resolution of customer claims), including but not limited to, providing upon request any originals or copies of the Paper Items deposited through the Service in your possession and your records relating to such items and transmissions.  

7.    Mobile Banking Fund Transfers

See the fund transfer terms and conditions contained in the Online Banking Terms and Conditions.

8.    Mobile Banking Bill Pay

See separate online banking terms and conditions agreement for applicable terms.

9.    License Agreement and Important Legal Terms

a.    Your License.

Credit Union grants you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to download and use the Mobile App on a Supported Device solely to conduct Mobile Banking activities and use the Service with our credit union. You are granted this license for the limited use of using the Mobile App and Service on an Apple iOS or Google Android Supported Device that you own or control and, if applicable, as permitted by the Usage Rules set forth in the Apple App Store Terms of Service or Google Play Store Terms of Service. Credit union is solely responsible for providing maintenance and support services with regard to this Mobile App and you acknowledge that neither Apple nor Google as applicable, has any obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App. By using the Service you represent and warrant to us that: (i) you are not located in a country that is subject to a U.S Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S Government list of prohibited or restricted parties. For Apple users: In the event of any third party claim that the Mobile App, or your possession and use of the Mobile App, infringes a third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

 

b.    Indemnity.

You agree to indemnify and hold Mid-Illini Credit Union, and its licensors, service providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, arising out of, or relating to (i) any actual or alleged breach of a representation, warranty, covenant, or obligations set forth in this Addendum, including without limitation any violation of our policies of the Apple or Google or platform rules; (ii) any encoding, transfer, presentment and/or other warranties we make under applicable law related to an item deposited through MICU Mobile Deposit including without limitation those under the UCC, Regulation CC and the rules of any image exchange network; (iii) your violation any law, rule or regulation of the United States or any other country; (iv) any other party’s access and/or use of the Service with your Supported Device and/or your unique username, password or other appropriate security code; (v) Credit Union acting as a “reconverting bank” under the Check Clearing for the 21st Century Act (“Check 21”) through the creation of “substitute checks” or purported substitute checks using an electronic item or an illegible electronic item; or (vi) Credit Union’s presentment of an electronic item to any paying bank for payment. This provision is intended to supplement, not replace, the Indemnity provision contained in the Online Banking Terms and Conditions.

c.    Additional Terms Applicable to Apple Users.

To the extent that you allege a breach of any warranty (implied by law or otherwise) regarding the Mobile App or Service, you may notify Apple and Apple will refund the purchase price for the Mobile App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App or Service. You further acknowledge that Apple is not responsible for addressing any claims from you or any third party relating to the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any

applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

d.    Survival.

In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Addendum, and all other terms of this Addendum that by their nature are continuing, the following sections of this Addendum shall survive termination or cancellation of your use of the Service: 3, 5.C., 6.B., and 8.A.-C.

If you have any questions, complaints, or claims, please contact us at rdcenrollment@midillinicu.com.

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