EZ Deposit Remote Capture User Agreement (“Agreement”)
This Agreement is entered into by and between Avidia Bank (“us,” “our,” or “we,” depending on the context) and you, a current Avidia Bank customer. This Agreement contains the terms and conditions for the use of Avidia Bank’s EZ Deposit for remote deposit capture services from both a flatbed scanner and/or a mobile device. Other agreements you have entered into with Avidia Bank, including the Depository Agreement, the Personal Internet Banking Agreement and Disclosures governing your Avidia Bank deposit account, are incorporated by reference and made a part of this Agreement.
1. Services. The remote deposit capture services (“Services”) are designed to allow you to make deposits to your checking, savings, or money market accounts from home or other remote locations by scanning checks and delivering the images and associated deposit information to Avidia Bank or Avidia Bank’s designated processor. There is currently no charge for the Services.
2. Acceptance of these Terms. Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via e-mail or on our website(s) by providing a link to the revised Agreement. Your continued use of the Services will indicate your acceptance of the revised Agreement. Further, Avidia Bank reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.
3. Limitations of Service. When using the Services, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.
4. Eligible items. You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC (“Reg CC”). You agree that the image of the check transmitted to AVIDIA BANK shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code. You agree that you will not use the Services to scan and deposit any checks or other items as shown below:
a. Checks or items payable to any person or entity other than you.
b. Checks or items drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are an authorized signer or joint account holder.
c. Checks or items containing obvious alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.
d. Checks or items previously converted to a substitute check, as defined in Reg CC.
e. Checks or items drawn on a financial institution located outside the United States.
f. Checks or items that are remotely created checks, as defined in Reg CC.
g. Checks or items not payable in United States currency.
h. Checks or items dated more than 6 months prior to the date of deposit.
5. Image Quality. The image of an item transmitted to Avidia Bank using the Services must be legible. Each image must provide all of the information that is contained on the front and back of the original item at the time presented to you by the payor, including, but not limited to, the following information: information about the payor and the paying bank that is printed on the original item; the numerical encoded information on the bottom of the item; the payor’s signature(s); and all required endorsements applied to the back of the original item. The image quality of the items must comply with the requirements established from time to time by the American National Standards Institute, ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.
6. Endorsements and Procedures. You agree to restrictively endorse any item transmitted through the Services as “For deposit only, Avidia Bank account #______” or as otherwise instructed by Avidia Bank. The endorsement requirements under your Depository Agreement apply to any item that you transmit using the Services. As described in your Depository Agreement, we may not accept items for deposit unless we are able to verify the endorsement (including items with multiple endorsements). You agree to follow any and all other procedures and instructions for use of the Services as Avidia Bank may establish from time to time.
7. Receipt of Items. We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from Avidia Bank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
After you receive confirmation that we have received an image, you must securely store the original item for (91) days after transmission to us and make the original item accessible to us at our request. Upon our request, and within five (5) business days, you must deliver to us, at your expense, the original item. If you do not provide the original item in a timely manner, the deposit in question may be reversed from your account.
Items transmitted by you and received by Avidia Bank by 4:00 P.M. Eastern Time Monday through Friday shall be credited to your applicable account on the same Business Day. Items received by Avidia Bank after 4:00 P.M. Eastern Time on any Business Day shall be credited to the your applicable account on the next successive Business Day.
8. Availability of Funds. You agree that items transmitted using the Services are subject to the funds availability requirements of Federal Reserve Board Regulation CC.
9. Endorsement of Items. The back of each deposited item must include the following:
- The Words “For Deposit Only”
- The account number to which the item is being deposited
- Today’s date
- Payee endorsement
10. Disposal of Transmitted Items. At the end of the ninety-one (91) day period after your receipt of a confirmation from Avidia Bank that we have received the image of an item, you agree to prominently mark the item as “Electronically Presented” or “VOID” and to properly dispose of the item to ensure that it is not represented for payment. You must destroy the original item by cross-cut shredding or another commercially acceptable means of destruction. After destruction of the original item, the image will be the sole evidence of the original item, and you agree never to represent the item. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to Avidia Bank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for Avidia Bank’s audit purposes.
11. Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Services and to modify such limits from time to time.
12. Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by Avidia Bank from time to time. Avidia Bank is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.
13. Errors. You agree to notify Avidia Bank of any suspected errors regarding items deposited through the Services right away, and in no event later than 60 days after the applicable Avidia Bank account statement is sent. Unless you notify Avidia Bank within 60 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against Avidia Bank for such alleged error.
14. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in Avidia Bank’s sole discretion subject to the Depository Agreement and Disclosures governing your account.
15. Ownership & License. You agree that Avidia Bank retains all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to Avidia Bank’s business interest, or (iii) to Avidia Bank’s actual or potential economic disadvantage in any aspect. You may use the Services only for non-business, personal use in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services. In the event of termination of the Services, you will remain liable for all transactions performed on your account.
Further, Avidia Bank shall have the right to suspend the Services immediately in the event of an emergency.
16. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AVIDIA BANK (WE) DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
17. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF AVIDIA BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
18. User warranties and indemnification. You warrant to Avidia Bank that:
a. You will only transmit eligible items.
b. Images will meet the image quality standards.
c. You will not transmit duplicate items.
d. You will not deposit or represent the original item or otherwise endorse to a third party.
e. The original check was authorized by the payer in the amount stated on the original item and to the payee(s) stated on the original item.
e. All information you provide to Avidia Bank is accurate and true.
f. You will comply with this Agreement and all applicable rules, laws and regulations.
g. You agree to indemnify and hold harmless Avidia Bank from any loss for breach of this warranty provision.
h. You will notify us immediately if you learn of any loss or theft of the original item.
19. Other terms. You understand and agree that you are required to indemnify us and all of our affiliates, officers, employees and agents and hold us and all of our affiliates, officers, employees and agents harmless from and against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses, arising from your use of the Service an/or any breach of the terms and conditions of this Agreement, including without limitation the warranties above. You understand and agree that this paragraph shall survive the termination of this Agreement. You may not assign this agreement. You understand and agree that this Disclosure and Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, notwithstanding any conflict-of-laws doctrines of such state or other jurisdiction to the contrary. You also agree to submit to the personal jurisdiction of the courts of the Commonwealth of Massachusetts. This Agreement, including all agreements and other documents incorporated by reference herein, embodies the entire agreement between you and us. Any oral agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect.
20. Unavailability of Services. You understand and agree that the Services may at times be temporarily unavailable due to Avidia Bank system maintenance or technical difficulties including those of the Internet service provider and Internet software. In the event that the Services are unavailable, you acknowledge that you can deposit an original check at our branches or through our ATMs or by mailing the original check to Avidia Bank, Attn: Mail Deposit, 42 Main Street, Hudson, MA 01749.
