STAR Financial Bank Deposit Addendum (“Addendum”) to the Online Account Agreement for STAR Financial Bank Online Banking.
Except as modified by this Addendum, all terms and conditions in the STAR Financial Bank Online Banking Agreement remain in full force and effect. If there is a conflict with the STAR Financial Bank Online Banking Agreement and this Addendum, this Addendum shall control.
"You" and "your" means: (i) a person who has enrolled in both the Bank's Online Banking service and the Service for personal use, or (ii) a small business entity (or its authorized representative, as applicable) that has enrolled in both in the Bank's Online Banking Service and the Service for business use by that authorized representative.
"Bank," "we," "us" and "our" mean STAR Financial Bank and its successors or assigns.
"Account" means your deposit account with us to which you are authorized to make a deposit using Hardware.
"Hardware" means any device acceptable to us from time to time that provides for the capture of Images from Items and for transmission through the clearing process.
"Check 21" means the Check Clearing for the 21st Century Act.
“Check 21 Transaction” means an electronic payment transaction utilizing an “IRD” permitted by Check 21.
"Image" means the electronic image of the front and back of an Item, in addition to other required information, as specified by us, in the format we specify.
"Image Replacement Document" or "IRD" means a substitute check, as defined in Check 21.
An "Item" is an original: check, cashier's check, official check, U.S. Treasury check, traveler’s check, or money order drawn on a financial institution within the United States and payable in U.S. currency that is payable to you. Items are deemed to be "items" under the Uniform Commercial Code and "checks" under The Expedited Funds Availability Act and Regulation CC.
“Service” means the mobile check deposit processing service provided to You under this Agreement.
1. Mobile Check Deposit Service.
Pursuant to the terms of this Agreement, you may use the Service to deposit Items to your Account by creating an Image of the Item using acceptable Hardware, and transmitting that Image to us for deposit.
2. Hardware and Software Requirements.
You are responsible for the security of the Hardware, and for allowing its use only by individuals authorized by you. You agree to implement and maintain internal security controls to protect the Hardware and customer information.
You are responsible for all costs of using the Service and operating the Hardware, including, but not limited to cellular and internet service charges.
You are responsible for maintaining the system's capacity and connectivity required for use of the Service.
3. Image Quality.
You are responsible for the image quality of any Image that you transmit. If an Image that we receive from you or for deposit to your Account is not of sufficient quality to satisfy our image quality standards as we may establish them from time to time, we may reject the Image without prior notice to you.
Each Image must include the front and back of the Item and the following information must be clearly readable: amount, payee name, drawer signature, date, check number, account number, routing and transit number, MICR (Magnetic Ink Character Recognition) line, and any endorsement or other information written on the check.
4. Processing Images.
You authorize us to process any Image that you send us or convert an Image to an Image Replacement Document. You authorize us and any other bank to which an Image is sent to handle the Image or IRD.
We may establish limits on the dollar amount and/or number of Items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit.
6. Deposit of Other Items; Deposits when Service Not Available.
You agree that you will not use the Service to deposit anything not meeting the definition of an Item. If you use the Service to transmit anything that is not an Item, or if for any reason we are not able to recognize as an Item, we may reject it without prior notice to you. You agree to make those deposits through other channels that we offer, such as at a banking center, ATM, or bank by mail. You further agree to use such other channels when the Service may not be available.
7. Returned Items.
You are solely responsible for any Item for which you have been given provisional credit, and any such Item that is returned or rejected may be charged to your Account. You acknowledge that all credits received for deposits made through the Service are provisional, subject to verification and final settlement. Any Item that we return to you will be returned in the form of an Image or an IRD.
8. Handling of Transmitted Items.
You agree to properly endorse all Items that you deposit via the Service and to include in the endorsement the words "For Deposit Only" with the account number to which the Item will be deposited. You agree not to allow an Item to be deposited or presented for payment more than once, to the extent that it could result in the payment of the Item more than once. You will not allow the transmission of an Image of an Item that has already been presented to us or to any bank by any other means. You will not allow transmission of an Image of an Item that has already been transmitted through the Service. If an Image of an Item has been transmitted to us or to any other bank, you will not allow the Item to be subsequently presented by any other means. If any Item is presented or deposited more than once, whether by Image or by any other means, we may, at our discretion, reject it or return it and charge it against your Account without prior notice to you. In addition, you may be suspended from the Service.
For any Image which you have transmitted, you shall be responsible for preventing the transmission of another Image of the Item or presentment of the Item by any other means. You agree to retain the Item for 14 calendar days from the date of deposit acknowledgement, and thereafter to destroy any Item of which you have transmitted an Image.
If we return an Item to you unpaid for any reason (for example, because payment was stopped or there were insufficient funds to pay it) you agree not to redeposit that Item via the Service.
9. Cooperation with Investigations.
You agree to cooperate with us in the investigation of transactions, including unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of Items in your possession and your records relating to Items and transmissions.
10. Payment Processing.
a. Item Processing. At our sole discretion, we may process the Images you send to us electronically through other banks, or we may create Image Replacement Documents that will be processed through traditional check processing methods. If you send us Images that are incomplete, that fail to satisfy our image quality requirements, or otherwise do not allow us to meet the requirements of Check 21 or any image exchange agreement that would cover our further electronic transmission of Images that you send us, or we are otherwise unable to process Images that you send us, we may charge the Images back to your account. You agree to be bound by any clearinghouse agreements, operating circulars, and image exchange agreements to which we are a party.
b. Transmission of Items. The Images you send us are not considered received by us until you receive a message from us acknowledging that we have received your deposit. However, the confirmation that we send you does not mean that the transmission was complete or error free.
c. The established cut off time for mobile remote deposit capture items is 7:00 PM (ET). If the deposit is categorized as an exception item or requires additional manual review, the item may not be processed until the next business day. The consumer will receive notification that the item is under review.
d. Exception Items. Each Business Day on which we review and process your Electronic Item(s), we will use commercially reasonable efforts to review each Electronic Item and to reject any Electronic Item that we in our sole discretion determine to be ineligible for the Service (each, an “Exception Item”). “Exception Item” includes, without limitation, an Electronic Item that (a) is illegible or contains MICR data that is not machine-readable, (b) was previously processed as an Electronic Item, or (c) is drawn on banks located outside the United States and is not payable at or through a bank located within the United States. We will notify you of each Exception Item through the STAR Financial Bank Online Banking, or other communication channels at our discretion. If you wish to attempt to deposit any Exception Item to your Account, you shall do so only by depositing the original Paper Item on which the Exception Item is based or as otherwise agreed between us. Even if we do not initially identify an Electronic Item as an Exception Item when we review and process the Electronic Item to which the Exception Item relates, the Electronic Item, substitute check, or the purported substitute check created by us from it may nevertheless be returned to us because, among other reasons, the Paying Bank determines that such item or check is illegible or missing an image. Our failure to identify an Exception Item shall not preclude or limit the obligation of you to STAR Financial Bank.
e. You agree that you will not use the Service to scan and deposit any checks or other items as shown below:
- Checks or items payable to any person or entity other than you, or to you and another party
- Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into
- Checks or items containing alteration to any of the fields on the front of the check or item (including the MICR line), 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
- Checks or items previously converted to a substitute check, as defined in Reg CC
- Checks or items drawn on a financial institution located outside the United States
- Checks or items that are remotely created checks, as defined in Reg CC, and checks that have previously been submitted through the Service or through a remote deposit capture service offered at any other financial institution
- Checks or items not payable in United States currency
- Checks or items on which a stop payment order has been issued or for which there are insufficient funds
- Checks or items prohibited by our current procedures relating to the Service or which are otherwise not acceptable under the terms of your Mobile Account
- Checks with any endorsement on the back other than that specified in this Addendum
- Insurance drafts
- Credit card cash advance checks
Nothing in this Addendum should be construed as requiring STAR Financial Bank to accept any check or item for deposit, even if STAR Financial Bank has accepted that type of check or item previously. Nor shall STAR Financial Bank be required to identify or reject any checks or items that you may scan and deposit that fail to meet the requirements of this Addendum.
The Service is provided at no charge to you. You are responsible for paying the fees for use of the Service as the Bank may change them at our discretion. We may notify you of the change, to the extent required by applicable law. You authorize the Bank to deduct any such fees from any account in your name.
12. Intellectual Property.
This Agreement does not transfer to you any ownership or proprietary rights in the Service, or any part thereof. We or our agents retain all intellectual property rights, title and interest in and to the Service.
Neither you nor any user you authorize will (a) sell, lease, distribute, license or sublicense the Service; (b) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the Service or any part of it in any way for any reason; (c) provide, disclose, divulge or make available to or permit use of the Service by any third party; (d) copy or reproduce all or any part of the Service; or (e) interfere, or attempt to interfere, with the Service in any way.
We may terminate or suspend the Service, or your use of the Service, at any time. You may terminate your use of the Service at any time by giving notice to us. Your notice will not be effective until we receive your notice of termination and we have had a reasonable time to act upon it. Notwithstanding termination, any Image transmitted through the Service shall be subject to this Agreement.
We may change this Agreement at any time. We may add new terms and conditions and we may delete or amend existing terms and conditions. We generally send you advance notice of the change. If a change is favorable to you, however, we may make the change at any time without advance notice. If you do not agree with the change you may discontinue using the Service. However, if you continue to use the Service, that may be deemed your acceptance of and agreement to the change.
Effective January 23, 2017