Mobile Banking Service Agreement

I. INTRODUCTION - PARTIES AND DEFINITIONS

This Mobile Banking Service Agreement (as amended from time to time, this "Agreement"), governs the Mobile Banking service provided by Southeastern Credit Union and your use of that service.  This Agreement also includes certain licensing rights and restrictions, including an end user agreement between you and our primary software licensor.

The terms "we", "us" and "our" refer to Southeastern Credit Union.  The terms "you" and "your" refer to the customer of Southeastern Credit Union who is entering into this Agreement.  The term "Mobile Banking" means a suite of services that we make available, enabling you to conduct banking transactions with us by using your Mobile Device.  "Mobile Device" means a cellular telephone or similar wireless communications device (1) that is installed with software permitted by us ("Mobile Banking Software") that you have downloaded in order to conduct Mobile Banking transactions, or (2) that is capable of conducting Mobile Banking transactions by using other protocols we may choose to permit.   We reserve the right to change the Mobile Banking Software and other protocols that we allow for Mobile Banking at any time without prior notice. 

II. MOBILE BANKING IS PART OF YOUR PRIMARY ONLINE BANKING SERVICE

Presently, Mobile Banking is available only to individuals who are already enrolled in our (personal) Online Banking service.  The term "Primary Online Banking" means the (personal) Online Banking service through which you choose to enroll in Mobile Banking.  "Primary Online Banking Agreement" means the (personal) Online Banking Service Agreement, as amended from time to time, that you accepted when enrolling in your Primary Online Banking service.  Your "Primary Online Banking Agreement" also includes related agreements that you have with us in connection with your Primary Online Banking (e.g., any agreement for our Bill Pay service or Transfers to a Friend service; any Multi Party Addendum; etc.)

This Mobile Banking Service Agreement is an Addendum to and includes the terms of your Primary Online Banking Agreement.  Capitalized terms that are not defined in this Agreement are defined in your Primary Banking Agreement.  The same credentials (Login ID and Password) that are in place for your Primary Online Banking service shall also apply to Mobile Banking.

III. ACCEPTING THIS AGREEMENT

Before using Mobile Banking, you must both (a) consent to receive notices and disclosures electronically, and (b) read and accept this Agreement.  You must evidence that consent and acceptance by selecting the button declaring your acceptance as part of your enrollment in Mobile Banking.  In addition, you agree you are deemed to automatically renew that consent and acceptance each time you log in as a user of Southeastern Credit Union Mobile Banking and use Mobile Banking to conduct any transaction.  The current version of this Agreement can always be viewed online through your Primary Online Banking service.  

IV. TERMS AND CONDITIONS

1.            CONSENT TO RECEIVE DISCLOSURES AND NOTICES ELECTRONICALLY

By accepting this Agreement, you consent to receiving notices and disclosures concerning Mobile Banking, Primary Online Banking, and your enrolled credit union accounts electronically, including by mobile phone (e.g. SMS or other text message) or e-mail (each of the foregoing being an "electronic address").  You must enter your electronic address for such disclosures and notices when first enrolling in Mobile Banking.  You are solely responsible for immediately updating your electronic address if it changes. You must update your electronic address by logging into your Primary Online Banking service, accessing the electronic page for managing your email address or accessing the Mobile Banking page to update your Mobile Device phone number, and entering your new electronic address. If you need assistance updating your electronic address, you may call the Call Center at 800-228-9839.  All disclosures and notices by us shall be deemed given and received by you immediately upon being sent to the electronic address you have most recently updated.  Many disclosures and notices may also or instead appear in one or more of your credit union account statements.  Unless specifically required by law, we are not obligated to provide any disclosure or notice to you by regular mail or by any means other than electronic transmission.  You may, without charge, withdraw your consent to receiving notices and communications electronically by calling our Call Center at 800-228-9839, but in that event we can terminate your Mobile Banking service. 

Receiving electronic disclosures and notices on your Mobile Devices requires that your Mobile Device be an Internet-enabled Mobile Device that support 256-bit encryption. In order to keep notices and disclosures sent to you electronically, you must have the ability to save them to your Mobile Device or computer, or to print them.  You may also request a paper copy of an electronic notice or disclosure at no additional charge by calling our Call Center at 800-228-9839.          

2.            MOBILE BANKING SERVICE AGREEMENT 

A. Mobile Banking Functions

To access Mobile Banking service and functions, your Mobile Device must be Internet enabled and connected to the Internet through your mobile communications service provider.   You must  be enrolled in both a Primary Online Banking service and our Mobile Banking service. You must  enroll the particular Mobile Device(s) that you wish to use with Mobile Banking.  You must also un-register any Mobile Device(s) that you may no longer wish to be capable of using with Mobile Banking.

When you access Mobile Banking with your Mobile Device, you will see a menu of available Mobile Banking functions (e.g., view balances; view or search for transactions; locate branches; execute specific types of internal or external funds transfers; etc.).  From time to time we will add, and may modify or delete particular Mobile Banking functions or geographic areas served by Mobile Banking.  We may make such changes in functions or geographic service with or without prior notice.  We reserve the right to refuse to make any transaction that you may request through Mobile Banking. 

Not all functions that are described in your Primary Online Banking Agreement or available at your Primary Online Banking service website are available with Mobile Banking.  All terms and conditions in your Primary Online Banking Agreement or on your Primary Online Banking service's website that limit or govern your use of Primary Online Banking functions will also limit and govern your use of those functions through Mobile Banking.

 B. Mobile Banking Service Availability

We will use reasonable efforts to make Mobile Banking service available for your use on a continuous basis. We do not guarantee functionality of Mobile Banking services (or any Mobile Banking Software) on all Mobile Devices, on all communications networks, in all geographic regions, or at all times. Mobile Banking service may be temporarily unavailable for regular or emergency system maintenance. We will endeavor to have our scheduled maintenance occur during non-peak hours, but we may conduct maintenance at any time. In addition, your accessibility to the Mobile Banking service may be interrupted because of conditions beyond our control, including outages in Internet availability. We will use commercially reasonable efforts to re-establish Mobile Banking service in those instances, but we do not promise the Mobile Banking service will always be available for your use. We may elect to discontinue Mobile Banking (or any of the services that we provide, from time to time, through Mobile Banking) at any time. If we choose to discontinue Mobile Banking, we will provide you with reasonable notice.  In the case of a disaster, your Mobile Banking may be suspended in order to allow emergency and responding personnel to use the cellular networks.  In no event, regardless of cause, shall we be liable to you for unavailability of Mobile Banking services, or your inability to access Mobile Banking or to execute Mobile Banking functions. 

C.  Fees Charged by Southeastern Credit Union

Currently, we charge no fees to enroll in or use Mobile Banking.  However, we may assess fees (a) set forth in the other agreements, disclosures or fee schedules for particular banking products or accounts (such as overdraft or funds transfer fees), or (b) for products and services that you may purchase through Mobile Banking.

We reserve the right to institute or change fees for Mobile Banking after sending you prior notice.  See the section entitled "Amending this Agreement or Fees." 

D.  Mobile Device and Mobile Communications 

You are responsible for providing your own Mobile Device that supports 256-bit encryption.  Mobile Banking users must download, install and use certain software systems and programs developed by us, our licensors or other third-parties.  We are not responsible for any damage to your Mobile Device resulting from those activities, and you will be engaging in those activities at your own risk.  To download Mobile Banking Software, please follow the instructions found in the Mobile Banking section of your Primary Online Banking site.  Depending on its make and model, your Mobile Device may need to be capable of receiving an SMS text message to initiate the download. 

You are responsible for obtaining your own mobile communications service provider.  Your mobile communications service provider may charge you for Internet-related use and for text (SMS) messages, so please see your mobile carrier for further details about its charges.  You are responsible for all fees and charges that you may incur to any mobile communications service provider or any other third parties while using Mobile Banking. 

We are not a party to, and we have no duty, liability or responsibility with respect to or in connection with (i) your mobile communications service provider agreement, or (ii) any Mobile Device, hardware, software or other any product or service you may purchase from others relating to your use of Mobile Banking.  This Agreement does not amend or supersede any agreements that you have with third parties (such as your Mobile Device supplier and your mobile communications service provider), and you remain subject to all terms, fees, costs, other charges, limitations and restrictions in those agreements with third parties.  Your Mobile Device supplier and your mobile communications service provider are responsible for their products and services.  You agree that any problems you may have concerning those companies' products, services or agreements shall be resolved by you directly with them, and without involving us.

Your Mobile Device may become subject to unauthorized tracking, "hacking" or other manipulation by spyware, viruses or other malicious code ("malware").  We are not responsible for advising you of the existence or potential effect of any malware.  Your use of your hardware and software is at your own risk.

E. Export Controls

Software programs, materials, tools, and technical data may be subject to U.S. export controls or the trade laws of other countries. You agree to comply with all export control regulations.  You also acknowledge that you, not Southeastern Credit Union, have the responsibility to obtain such licenses to export, re-export or import as may be required. You agree not to export or re-export to entities on the most current U.S. export exclusion lists or to any country subject to U.S. embargo or terrorist controls as specified in the U.S. export laws.

F. Mobile Banking License Rights Generally

In connection with your use of Mobile Banking Software, we and our licensors (or other third-parties who have directly or indirectly granted rights in those software systems and programs with respect to Mobile Banking) will require your agreement to certain license rights arrangements and/or end-user agreements ("Licenses").  By enrolling in portions of Mobile Banking relating to those software systems and programs, and by downloading and installing Mobile Banking Software, you will be evidencing your acceptance of the terms and conditions of those Licenses.  We may also condition your use of Mobile Banking Software upon you affirming such Licenses by the use of "I Accept" dialogue box acknowledgements, or by other affirmative or use-based acknowledgement and agreement systems. 

We and our service providers (including without limitation third-party providers of Mobile Banking Software) reserve all rights not granted to you in this Agreement and under the terms of such Licenses. If you obtain a different Mobile Device, you will be required to download and install Mobile Banking Software, to that different Mobile Device, under the same terms set forth in this Agreement. You agree to delete all such software from your Mobile Device promptly if the Licenses or this Agreement terminate for any reason.  We reserve the right to change, add to, or terminate services with our third-party Mobile Banking Software providers, to substitute different Mobile Banking Software providers, and to enter into or arrange for the provision Mobile Banking Software by other licensors and third-parties.

EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR THE AGREEMENTS GOVERNING THE TERMS OF ANY LICENSE RIGHT RELATING TO THE USE OR OPERATION OF MOBILE BANKING OR MOBILE BANKING SOFTWARE, MOBILE BANKING SERVICES AND MOBILE BANKING SOFTWARE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, OR MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY OTHER WARRANTY AS TO PERFORMANCE, ACCURACY OR COMPLETENESS. YOUR USE OF THE MOBILE BANKING SOFTWARE AND MOBILE BANKING SERVICES, AND ANY MATERIAL OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED VIA MOBILE BANKING, IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.

G. My Financial Health- My Credit Score Manager

You understand that by clicking on the "I Accept" button and signing up for services, you are providing "written instructions" to Southeastern Credit Union and its employees, agents, subsidiaries, affiliates, contractors, third party data sources and suppliers, and all other credit reporting agencies under the Fair Credit Reporting Act (FCRA), as amended, to access your credit files from each national credit reporting agency and to exchange information about you with each such national credit reporting agency in order to verify your identity and to provide the products and/or services to you. You agree and hereby authorize Southeastern Credit Union, its agents and employees, to provide your personally identifiable information (or, if applicable, information about your child you have enrolled) to third parties as provided in our Privacy Policy, as may be amended from time to time, You waive any and all claims against Company and its agents and employees for the acts or omissions of these third parties with regard to the use or disclosure of such information. Your further authorize Company and its agents and employees to obtain various information and reports about you (or about your child that you have enrolled, if applicable) in order to provide the products and/or services, including, but not limited to, address history reports, name and alias reports, criminal reports or sex offender reports, and to provide monitoring and alerts.

H. Additional Terms and Conditions in Related Agreements with Us.

Your use of Mobile Banking is subject to the terms and conditions of your Primary Online Banking Agreement (as amended from time to time). Without limitation, this Agreement is supplemented by your Primary Online Banking Agreement's provisions regarding disclaimers of warranties, limitations on our liability, indemnity, amendments, dispute resolution terms and procedures, and definitions.  For consumer customers, this Agreement is also subject to consumer protection provisions in the (personal) Online Banking Agreement, including limitations on consumer customers' liabilities for unauthorized transfers, and contacting us concerning questions or errors.  In the event of any specific conflicts between this Agreement and the terms of your Primary Online Banking Agreement, the terms of this Agreement will govern.

In addition, each deposit account or credit account that you access using Mobile Banking, and each transaction made in such accounts using Mobile Banking, remains subject to the general terms, conditions, and agreements governing those accounts (e.g., as applicable, the deposit account agreement, credit cardholder agreement, line of credit agreement, etc.).    

I. Amending this Agreement or Fees

We may amend this Agreement at any time by sending notice as described in your Primary Online Banking Agreement; provided, however, that this Agreement governs our right to provide you with that notice electronically.  You may choose to accept or decline the change.  By continuing to use Mobile Banking after the effective date stated in the notice, you are deemed to accept that change.

J.  Lost or Stolen Mobile Device or Password; Unauthorized Transactions

If you believe your Mobile Device, user name (Login ID), password, or other approved access device has been lost or stolen, or that someone has transferred or may transfer funds from your account without your authorization, contact us AT ONCE at 229-244-2732.  For additional information regarding your and our rights and responsibilities regarding unauthorized transactions, please review your Primary Online Banking Agreement and the applicable agreement(s) governing the affected deposit account or credit account.

K. In Case of Errors or Questions about Your Account

In case of errors in or questions about your deposit or credit accounts, contact our Customer Service Center at 229-244-2732.  For additional information regarding your and our rights and responsibilities regarding errors in or questions about your accounts and how such errors and questions are processed, please review your Primary Online Banking Agreement and the applicable agreement(s) governing the affected deposit account or credit account.     

V.  REMOTE DEPOSIT SERVICES

(i) Definitions

 "You" and "your" means: (i) a person who has enrolled in both the Credit Union’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 the Credit Union’s Online Banking Service and the Service for business use by that authorized representative.

 "Credit Union," "we," "us" and "our" mean Southeastern Credit Union 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.

(ii) 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.

(iii) 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.

(iv) 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.

(v) 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 financial institution to which an Image is sent to handle the Image or IRD.

(vi) Limits.
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. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times. Different limits may apply to small business entities.

(vii) 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 financial institution by mail. You further agree to use such other channels when the Service may not be available.

(viii) 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.

(viv) 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 Mobile Deposit Only at Southeastern Credit Union" 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 financial institution 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 financial institution, 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.

(x) 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.

(xi) Payment Processing: Item Processing.
At our sole discretion, we may process the Images you send to us electronically through other financial institutions, 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.

(xii) Payment Processing: 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.

(xiii) Fees.
You are responsible for paying the fees for use of the Service as the Credit Union may change them from time to time. The Credit Union may change the fees for use of the Service at any time pursuant to the section titled "Amendment" below. You authorize the Credit Union to deduct any such fees from any account in your name.

(xiv) 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.

(xv) Termination.
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.

(xvi) Amendment.
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.

For questions or concerns about the Mobile Banking service itself, you may call us at 800-228-9839 or by mail at:

Southeastern Credit Union

P.O. Box 2067

Valdosta, GA 31604-2067