Virtual Deposits

Virtual Deposit Terms & Conditions

We suggest you read this document carefully and print a copy for your reference. You may refer back to it at any time by visiting this page (kemba.org/kvd_terms.html).

 

  1. KEMBA’s Virtual Deposit feature (“KVD”)
    a. KVD allows you to make certain deposits to an eligible account electronically by using a capture device to create an electronic image of a paper check or other paper source document only payable in U.S. Dollars (“Item”) by scanning the Item and transmitting it and related data to us. As part of the Service you must use software and hardware provided by or acceptable to us. You are solely responsible for information or data that is transmitted, supplied or key-entered by you, your employees or agents. Before you capture any Item, you shall endorse all Items by signing your name and handwriting the legend “For Mobile Deposit Only to KEMBA.”
    b. You agree that after the Item has been scanned and submitted for deposit, you shall not otherwise transfer or negotiate the original Item, substitute check or any other image thereof. You further agree that you shall be solely responsible for the original Items, including storage, retrieval and destruction.
    c. We reserve the right to charge back to your account at any time any item that is determined to be an ineligible item, improperly negotiated or not properly payable. You agree that we are not liable for any loss, costs or fees as a result of the chargeback. Any item returned unpaid for any reason will be debited from your account.
    d. You agree that the electronic image of the Item or any substitute check, as defined by federal law, will become the legal representation of the Item for all purposes (except for funds availability, see section 1(e) below), including return items processing.
    e. If we receive a scanned Item on or before 4:45 p.m. Eastern Standard Time on a business day we are open, your check will be reviewed for processing the same day. If we receive a scanned Item after 4:45 p.m. Eastern Standard Time or on a weekend or a state or federal holiday, we will review the Item for processing the next business day we are open.
    f. Funds from deposits made via KVD generally will be available for withdrawal by the second business day after the day of deposit. However, we may apply additional delays on the availability of funds based on any other factors as determined by us in our sole discretion. If you deposit checks to an eligible prepaid account totaling more than $5,000 in any one business day, availability of the amount over $5,000 may be delayed until the seventh business day after the day of deposit.
    g. We may return or refuse to accept all or any part of a deposit to your Account using KVD at any time and will not be liable for doing so even if such action causes outstanding checks or other debits to your Account to be dishonored and returned.
  2. Item Processing
    If the electronic files and/or images transmitted to us with respect to any Item do not comply with our or our processor’s requirements for content and/or format, we may, in our sole discretion:
    a. further transmit the Item and data in the form received from you;
    b. repair or attempt to repair the Item or data and then further transmit it;
    c. process the Item as photocopies in lieu of originals; or
    d. return the data and Item to you unprocessed and charge back your account.
  3. Warranties
    You represent and warrant to us that:
    a. any image we receive accurately and legibly represents all of the information on the front and back of the original Item as originally drawn;
    b. the information you transmit to us corresponding to an Item contains a record of all applicable MICR-line information required for a substitute check and the accurate amount of the Item;
    c. the Item conforms to the technical standards for an Electronic Item set forth in Federal Reserve Board Regulation J, or Federal Reserve Board Regulation CC;
    d. 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 paid;
    e. You will not redeposit through KVD any Item previously deposited and returned to you unless we advise you otherwise;
    f. You will employ commercially reasonable security measures and firewalls sufficient to protect transmissions and storage to ensure no unauthorized access or duplicate presentment;
    g. You will only transmit Items that originated as paper Items.
    h. You will comply with all laws and regulations applicable to you in your use of KVD and not use KVD for any purpose prohibited by foreign exchange regulations, postal regulations or any other treaty, statute, regulation or authority; and
    i. If you are depositing Items on behalf of third parties,
    i. the owner of the Item has authorized you to negotiate the Item and electronically transmit the Item; and
    ii. if you are scanning Items from a location outside of the U.S., such authorization covers the cross-border transmittal of the Item.
  4. Disclaimer
    We make no representations or warranties, whether express, implied or statutory regarding or relating to any of the software, capture devices or other hardware and/or access to or use of them or the related materials and KVD. We specifically disclaim any and all implied warranties of merchantability and fitness for a particular purpose and non-infringement. We and our subcontractors also do not guarantee that your access to the Service will be uninterrupted, error free or secure.
  5. Limitation of Liability
    YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, REGARDLESS OF THE FORM OF THE ACTION OR THEORY OF RECOVERY, RELATED IN ANY WAY TO YOUR USE OF KEMBA’S VIRTUAL DEPOSIT SERVICE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
  6. Indemnification
    In addition to the indemnities contained in your Account Agreement, you agree to defend, indemnify and hold us harmless for any loss or expense (including attorney’s fees and expenses of litigation) resulting from:
    a. your breach of any of the warranties made by you pursuant to these Terms & Conditions or the Account Agreement;
    b. any claim pertaining to any warranty or indemnity that we make with respect to an Item under the Check Clearing for the 21st Century Act, Federal Reserve Board Regulations CC and J and all other laws, regulations and industry and clearing house rules applicable to Items.
  7. Grant of License
    a. Grant of License. To the extent we or our licensors make any software available to you via download on our website for use in conjunction with KVD, we hereby grant, and you hereby accept, for the term of these Terms & Conditions, a non-exclusive, non-assignable, non-transferable, limited right and license to use the proprietary computer software products in object code and any associated documentation (“Products”) for use only directly in conjunction with its permitted use of KVD.
    b. Title. Except for the license granted to you hereunder, all rights and title in and to the Products, including any improvements, modifications, and derivative works, will at all times remain with us or our licensors, and you shall acquire no rights in the Products.
    c. Use of Products.
    i. You agree that the Products will be used only by you and your Affiliates, provided that each Affiliate agrees to be bound by the terms hereof and further that you will be liable for your Affiliates’ acts and omissions in connection with the Products. For purposes of these Agreement, “Affiliates” means those entities that control, are controlled by or are under common control with you. For purposes of this definition, “control” (including with correlative meaning, controlled by, and under common control with) means the possession, directly or indirectly, of greater than a 50% ownership interest in an entity.
    ii. Except as otherwise expressly provided herein, you will not copy, modify, or create derivative works of the Products or display, assign, sublicense, distribute, or otherwise transfer any interest in these Terms & Conditions or the Products to any third party.
    iii. You will not, and will not permit others to, reverse engineer, reverse-compile, or reverse-assemble the Products or otherwise attempt to obtain source code for the Products.
    iv. You shall use the Products solely for your internal business purposes. For purposes of this clause, the expression “internal business purposes” will in no circumstance include time sharing, rental, or service bureau purposes, or the sale, marketing or (except as otherwise expressly provided herein) commercial exploitation of the Products.
    v. You will notify us in writing regarding any unauthorized use or disclosure of the Products immediately after it becomes known to you.
    d. Confidentiality. You acknowledge that the Products constitute trade secrets and represent significant economic and commercial value to us and/or our licensors and must be maintained as secret, confidential and proprietary. You agree that copyright legends borne by the Products in no way reduce the trade secret, proprietary and/or confidential nature thereof. You will take all reasonable steps to safeguard the Products to ensure that no unauthorized disclosure or use is made, in whole or in part, and will use at least the same degree of care to prevent the unauthorized use, disclosure or availability of the Products as you ordinarily use in protecting your own most valuable confidential and proprietary information. You will not remove or alter any copyright or other proprietary legends contained on the Products.Your obligations under this Section survive termination of these Terms & Conditions.
    e. Installation, Training and Maintenance. You will be solely responsible for the installation, training and maintenance of the Products. It is your (and expressly not our) responsibility to establish reasonable backups, accuracy checks and security precautions to guard against possible malfunctions, loss of data and unauthorized access.
    f. Patent Infringement. In the event the Products become, or in our opinion are reasonably likely to become, the subject of a claim of infringement, you will allow us, at our option and expense, to replace the products with a non-infringing alternative, modify the products so that they become non-infringing or terminate the license.
    g. Indemnification. You will defend, indemnify and hold us, our officers, affiliates, employees and agents harmless from any actions, claims, losses, demands, liabilities, litigation or damages (including reasonable attorneys’ fees) arising from or in connection with your unauthorized use of the Products.
    h. Risk of Loss. You will bear the entire risk of loss, destruction and damage to the Products from any cause whatsoever, and no such loss, destruction or damage shall impair any of your obligations hereunder which shall continue in full force and effect.
    i. Export Control; Compliance with Laws. You will be responsible, at your expense, for complying with all laws and regulations applicable to use of the Product, including, without limitation, laws and regulations pertaining to (i) exports or imports of software and related property; (ii) use or remote use of software and related property; or (iii) registration of these Terms & Conditions. You will indemnify and hold harmless us and our affiliates, employees and agents from and against all actions, claims, losses, demands, liabilities, litigation or damages (including reasonable attorneys’ fees) arising from or in connection with any violation by you of any such laws or regulations.
  8. Termination of Service
    a. We reserve the right to terminate KVD at any time without notice to you.
    b. The provisions of sections 3, 4, 5, 6, 7(g) and 7(i) shall survive termination of these Terms & Conditions.
  9. Miscellaneous
    If you receive notice of any claim regarding KVD, you shall promptly provide us with a written notice of it.

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