This Agreement between Keesler FCU (“Credit Union”) and Depositor governs the Electronic Deposit
Service (“DepositNOW” or “Keesler Mobile Deposit”) provided to Depositor by Credit Union. By submitting
the request for Electronic Deposit or by using the Service, Depositor agrees to the terms and conditions
set forth in this Agreement. Credit Union may supply Depositor with additional online manuals,
requirements, procedures, or specifications (collectively “Documentation”) for use of the Electronic
Deposit Service. All Documentation supplied by Credit Union is incorporated into this Agreement as if fully
set forth herein. The DepositNOW Service is also subject to the terms and conditions of the Keesler FCU
Deposit Account Terms and Conditions. To the extent of any conflict, the provisions of this Agreement
will govern the Electronic Deposit service.
1. Equipment/Software. All equipment used in connection with the Electronic Deposit service must
satisfy technical specifications and requirements set forth in the Documentation. Such technical
specifications and requirements may change from time to time in Credit Union’s sole discretion. Depositor
assumes responsibility for any loss, damages, claims, expenses, or liability arising from malfunction of
Depositor’s equipment. Credit Union will not be responsible in any manner for any deficiency caused in
whole or in part by inaccurate or otherwise deficient data programs, equipment, or communication
facilities provided by Depositor or parties other than Credit Union. In addition, Depositor agrees that
Depositor will not (i) modify, change, alter, translate, create derivative works from, reverse engineer,
disassemble or decompile the Electronic Deposit technology or Service, (ii) copy or reproduce all or any
part of the technology or Service; or (iii) interfere, or attempt to interfere, with the technology or Service.
2. Access to Service. Electronic Deposit is accessed through the Keesler FCU online banking service
(KOL). A mobile version may also be available for authorized users. All terms, conditions, and technical
requirements applicable to the online banking service also apply to the use of Electronic Deposit through
online banking. Depositor shall maintain the confidentiality and security of any passwords, security
information, or devices used to access the online banking service and the Electronic Deposit service.
3. Eligible Items. a. Type of Item. Using the Electronic Deposit service, Depositor may deposit only
items drawn on financial institutions located within the United States. Items deposited using Electronic
Deposit must be payable in United States Dollars.
Ineligible items are:
• Remotely created, or substitute checks
• Previously returned checks
• Checks payable to any person or entity other than you
• Checks that have been paid or negotiated previously
• Checks that are payable jointly, unless deposited into an account in the name of all the payees
• Checks on which a stop payment has been issued for
• Checks that are not dated, postdated, or dated more than six months prior to the date of deposit
• Checks that are marked “nonnegotiable”
• Checks containing obvious alteration to any of the fields on the front of the check
• Any item not issued in US dollars or drawn on a US financial institution
• Savings bonds
b. Item Quality. Items deposited using the Electronic Deposit service must be legible, and must be of
sufficient quality to create an image that satisfies all applicable requirements under Federal Reserve
Regulation CC, Federal Reserve Operating Circular No. 3, this Agreement, and any other written
standards that Credit Union provides to Depositor.
c. Endorsement. Each item must be endorsed by the depositor. The endorsement must include “For
Mobile Deposit Only’ and your signature.
4. Image Quality. Depositor is responsible for creating images of checks to be deposited through the
Electronic Deposit service. Each image of a check deposited through the Electronic Deposit service must
accurately represent, in every respect, all the information on the front and back of the check as of the
time the check is deposited. Such information includes, but is not limited to, the amount of the check, the
payee, the drawer’s signature, and the MICR line and information identifying the drawer and paying
Financial Institution must be legible and unobscured. Depositor’s endorsement and any other
endorsements or information must also be unobscured. Images must conform to any standards for check
image quality adopted by ANSI, the Federal Reserve, and any other standards communicated to
Depositor by Credit Union.
5. Transmission and Receipt of Files.
a. File Transmission. Depositor shall transmit files containing check images and employing methods and
procedures specified by Credit Union. Credit Union will acknowledge receipt of files by transmitting a
message to Depositor in the manner specified in the Documentation. Depositor is responsible for
providing Credit Union with a current internet e-mail address and for notifying Credit Union of any
changes. Files are not deemed received by Credit Union until Credit Union has transmitted to Depositor a
message acknowledging receipt of the file. Acknowledgment of receipt of a file by Credit Union serves
only to confirm that the file was received, and shall not be construed as confirmation that the file
complies with the requirements of this Agreement, or is error-free, or that any particular item was
included in the file or has been deposited. Credit Union shall not bear any liability to any party for errors
in transmissions, including images dropped, distorted, or otherwise degraded in transmission.
b. Rejection of Files. Credit Union may in its discretion reject any file transmitted by Depositor or to reject
any item within a file, and shall have no liability of any nature to Depositor for doing so. Credit Union
shall notify Depositor as soon as reasonably possible when it rejects any file or item transmitted by
c. Receipt and Crediting of Deposits. No item is deposited to Depositor’s account until Credit Union has
received and processed the file containing the item and has credited the item to Depositor’s account. Any
credit to the account given before Credit Union has received and processed the file is provisional and
subject to receipt, processing, and correction or reversal. Depositor shall be responsible for verifying that
deposits have been posted to appropriate accounts, and shall cooperate in any investigation and
resolution of any unsuccessful or lost transmissions with the Credit Union. This may require Depositor to
provide Credit Union with original documents as needed to resolve questions, disputes related to unusual
transactions, or poor-quality transmissions.
d. Reconciliation. Credit Union shall notify Depositor of any discrepancy in a file (such as variation in the
amount Depositor purports to deposit and the amount as determined by Credit Union) within one
business day after a file is processed by Credit Union.
6. Deposit/File Limitations. Credit Union may establish limits on the aggregate or individual dollar
amount of checks deposited using Electronic Deposit each day or each month (or such other period as
Credit Union establishes). Depositor agrees to abide by such limits, and understands that Credit Union
may reject deposits exceeding such limits. Credit Union may establish other limits on transactions by
7. Cutoff Times. Deposits received through Electronic Deposit will be processed and credited to
Depositors account on the business day it is received. Administrative approval may be required to
address any issues with item eligibility, image quality, reconciliation, or deposit/file limitations. Deposits
requiring administrative approval that are received after 4:00 pm CST may not be processed until the
next business day. Deposits received by Credit Union through Electronic Deposit after that time will be
processed and credited to Depositor’s account as of the next Business day.
8. Funds Availability. Credit Union will generally make funds from items deposited through Electronic
Deposit available as set forth in Credit Union’s funds availability policy. The cutoff time set forth in this
Agreement supersedes the cutoff time set forth in the funds availability policy. For purposes of funds
availability, the Credit Union’s headquarters is considered as the place of deposit.
9. Clearing and Presentment of Items. Credit Union may present or send items deposited through
Electronic Deposit for presentment by any method and procedures Credit Union in its sole discretion
deems appropriate. For example, Credit Union may transmit items as images or as data without images,
or Credit Union may use images transmitted by Depositor to create a “substitute check” (also referred to
as Image Replacement Document or “IRD”). Credit Union may present or send items for presentment
through the Federal Reserve, through local, regional, or national clearinghouses or exchanges, or through
any other channel(s) Credit Union deems appropriate.
10. Returned Deposits. Depositor acknowledges and agrees that items deposited through Electronic
Deposit and dishonored or otherwise returned unpaid will be returned to Depositor in the form of an
electronic image, image replacement document (IRD), or paper copy of an IRD. Credit Union shall have
no obligation regarding returned deposited items except as provided by applicable law, regulation,
Federal Reserve rule or procedure, or clearinghouse rule.
11. Warranties. With respect to each item transmitted to Credit Union through the Electronic Deposit
service, Depositor warrants as follows:
a. The item is of the type that is permitted to be deposited using the Electronic Deposit service as set
forth in this agreement.
b. Depositor is a person entitled to enforce the item or is authorized to obtain payment on behalf of a
person entitled to enforce the item.
c. The original item and the electronic image of the item satisfy all standards set forth in this Agreement
and in any additional documentation provided by Credit Union.
d. The image is not a duplicate of any image or item previously deposited by any method. The image is a
true and accurate representation of the front and back of the original check, without any alteration. The
drawer of the check has no defense against payment of the check.
e. The original item will not be deposited in any account or transferred to any other party by any means,
and no person will receive a transfer, presentment, or return of, or otherwise be charged for the item
(either the original item or a paper or electronic representation of the original item) such that the person
will be asked to make payment based on an item that has already been paid.
f. Credit Union will not incur any loss or liability due to Depositor’s transmission of an image rather than
the original check.
g. All information provided by Depositor in connection with the item, including but not limited to the
image of the item, is true and correct and accurate to the best of Depositor’s knowledge.
h. The original item will be destroyed in accordance with the terms of this Agreement.
i. Depositor has handled the original item in accordance with all applicable laws, rules, and regulations.
Depositor has complied with the terms of this Agreement, and any applicable laws, regulations, and with
any additional rules, procedures, or guidelines Credit Union has supplied to Depositor.
j. Depositor has not transmitted any virus, worm, or data of any kind that will harm Credit Union’s
information or communication systems.
12. Compliance with Law. Depositor agrees to use the Service for lawful purposes, and to comply with
all applicable laws, rules, and regulations applicable to the Service and to Depositor.
13. Indemnification. Depositor agrees to indemnify, defend, and hold Credit Union harmless from and
against any and all claims, damages, liabilities, or losses of any nature incurred by or Page asserted
against Credit Union in connection with or related to Depositor’s negligence, intentional misconduct, or
breach of this Agreement.
14. Destruction of Original Items. The Depositor will destroy all original items deposited through the
Electronic Deposit service within sixty (60) days after the date of deposit, unless Credit Union asks
Depositor to retain an original of any specific item(s). Depositor will undertake reasonable security
measures to ensure that such items are protected from theft, loss, or unauthorized access before they
15. Data and Systems Security. Depositor agrees to implement and maintain appropriate security
measures to safeguard the security of images and data in Depositor’s possession or control from
unauthorized access or disclosure. In no event shall Depositor take precautions any less stringent than
those employed to protect its own proprietary and confidential information. On request, Depositor shall
provide Credit Union with information regarding Depositor’s internal controls and security procedures. If
Credit Union believes that Depositor’s controls, security measures, and procedures are inadequate to
safeguard the item images and data maintained by Depositor, Credit Union may require Depositor to
establish additional controls, security measures, and procedures. Depositor agrees to indemnify, defend,
and hold Credit Union harmless from and against any disclosure of or unauthorized access to any other
party’s confidential information (such as checking account number and financial institution) maintained by
Depositor. Depositor agrees to notify Credit Union of any such disclosure, or of any penetration of
Depositor’s systems or information security measures by unauthorized parties.
16. Alternate Deposit Method. Credit Union makes no warranty or representation as to availability of
the Electronic Deposit service. Depositor shall maintain backup procedures and capabilities in order to
deposit items by an alternate method if for any reason the Electronic Deposit service is inoperative or
17. Amendment. The Credit Union may amend the terms of this Agreement and the Service at any time
by providing notice to Depositor.
18. Term and Termination. This Agreement shall govern all use of the Service by Depositor. Either
Credit Union or Depositor may terminate Depositor’s use of the Service at any time for any reason.
Notwithstanding termination, this agreement shall govern the parties’ rights, liabilities, and duties as to all
items deposited using the Electronic Deposit service before or after termination.
Revised August 8, 2019