Capital One® Remote Deposit Capture Services Agreement

IMPORTANT TERMS AND CONDITIONS – PLEASE READ CAREFULLY

Our Remote Deposit Capture Services

Thank you for requesting our remote deposit capture Services. The Services allow you to create Images of Eligible Items that you receive and then Transmit those Images to us for deposit into an Account as provided by the Program. We will then attempt to process and collect these deposited Images for payment.

Your Agreement with Us

This Agreement contains the terms for our Services. You agree to the terms of this Agreement when you enroll and each time you use the Services. Not all Accounts are eligible for the Services.

The meanings of the terms you see in italics appear in the Glossary Section at the end of this Agreement. To make the Agreement easier to understand, we also use the following personal pronouns:

"You" and "your" means the person, persons or Business that use or receive the Services and any joint or other authorized Account holder or authorized party on the Account and their successors and assignees.

"We," "us," and "our" means Capital One, N.A. and its agents, processors, affiliates, representatives, successors, and assignees.

The terms of this Agreement are in addition to the other agreements, terms, conditions, disclosures, software and fee schedules you have from us related to your Account including those for our mobile banking and online banking services. If there is a disagreement between the terms in this Agreement and those in other agreements related to the Services, this Agreement will control.

Business Customers

Each Business that we allow to use the Services must be organized, licensed and authorized to do business in the U.S. as the law requires. Each Business permitted to use the Services will only allow Business Representatives to use the Services in connection with any Account owned by the Business.

Image Transmission, Processing and Payment

All Images you Transmit to us using the Services must be legible and meet our Program requirements including hardware and software requirements such as required Mobile Devices, operating systems and camera specifications. All required hardware and software will be at your expense.

The information you Transmit to us must meet the requirements to create a Substitute Check (including all MICR-line information) and contain the correct amount of the Eligible Item. Also, each Image must meet the technical requirements of an “electronic item” under Regulation J and Federal Reserve Operating Circulars. Additional requirements will be included in the Program.

When you Transmit an Image to us, you agree that the Image is an “item” as defined by the UCC and is the legal equivalent of the Eligible Item for all purposes including our qualifying as a holder-in-due-course for it as described by the UCC.

We can attempt to process, collect, present for payment, return or re-present your Images in any way we choose that is allowed. This includes as Images under private agreement or clearinghouse rules, as automated clearinghouse entries (ACH) under the National Automated Clearinghouse Association (NACHA) rules, through a Federal Reserve payment service under Regulation J and Federal Reserve Operating Circulars, or as Substitute Checks.

We can reject any Image for any reason at our option and without liability, even where we have provided you with a confirmation notice. If we do reject your Image, we will tell you.

If an Image does not meet our Program processing requirements, we can also at our option: (1) process the Image as received for payment; (2) correct the Image or its accompanying data and process the corrected Image for payment; (3) process the deposit for payment in another format as allowed; or (4) debit (chargeback) your Account for the amount of the Image. If you request a copy of the charged back image, we can return it to you in any way we choose including as an image along with its accompanying data or as a Substitute Check.

When you successfully Transmit an Image to us, we will confirm that we have received your Image. Our confirmation does not mean that your Transmission and deposit are complete. All of your Images are subject to our further verification prior to being accepted for deposit and final payment after deposit.

Eligible Items for the Services

The Services can only be used for Eligible Items. Certain items are not eligible for the Services, and you will not Transmit them to us. These include items that: (1) are not payable in U.S. currency; (2) are not drawn on a financial institution located in the U.S.; (3) are payable to someone other than you; (4) are money orders, savings bonds, or traveler’s checks; (5) are checks authorized over the telephone and created remotely. These are sometimes called “remotely created checks” or “telephone checks”; (6) are images of a check that never existed in paper form. These are sometimes called “electronically created items”; (7) must be authorized or activated by us to prior to being deposited; (8) have already been deposited by or returned to you; (9) are not legible or do not conform to our Image processing standards; (10) contain alterations or that you suspect, or should suspect, are fraudulent, not authorized, suspicious or not likely to be honored; or  (11) are not dated, post-dated, or more than 6 months old when Transmitted.

Limits for the Services

The Services are provided at no additional charge to you.

The Services are subject to limits including daily and monthly limits on the dollar amounts of Images you can Transmit. We can modify these limits and add others at any time at our option.We do not need to tell you if we believe a transaction limit is necessary to maintain or restore the security of an Account, the Services or the Program.

Your Handling of the Original Eligible Item

When you Transmit an Image to us, you will still have possession of the original Eligible Item.  In order to further prevent an additional submission of the original Eligible Item for payment, you will take the following steps: (1) before you Transmit an Image to us, you will endorse (write your signature or Business name and signature if you are a Business) on the back of the original Eligible Item followed by the words “for deposit only to Capital One Bank” or as we otherwise tell you; (2) you will keep the original Eligible Item in a safe place until we send you a notice confirming that your deposit has posted to your Account and will  promptly send it to us as we ask; and (3) after we send you a notice confirming that your deposit has posted to your Account you will destroy the original Eligible Item by shredding it or cutting it up.
 
Availability of Your Deposits using the Services

Eligible Items deposited using the Services are not subject to the funds availability requirements of Regulation CC or our Availability Schedule. This will be true even if we provide you with Regulation CC disclosures or notices. For deposits made using the Services, we will still generally follow the Availability Schedule for the Account.

After you Transmit an Image to us, we can place an extended hold on your deposited funds as described in our Availability Schedule. If we do, we will separately tell you and when you can expect your funds to be available for withdrawal. You agree that we can include deposits made using the Services in deciding to place large deposit extended holds as described in our Availability Schedule.

Cutoff times for Deposits using the Service

If you successfully Transmit an Image to us before the cutoff time of 9 PM EST for the Account on a Business Day that we are open, we will consider that day to be the day of your deposit. After that time or on a day we are not open, we will consider the deposit to be made on the next Business Day that we are open. 

Notices

In addition to notices we send to your Mobile Device, we will also send you notices about the Services in other ways the law allows including by automated (autodialed) text message, e-mail, regular mail, or website postings. For example, we may send you notices about changes we make to this Agreement or the Services, the processing status of your Image(s) and when your deposited funds will be available for withdrawal. These notices will be your record of your transactions using the Services.

We may send you notices and information about the Services or this Agreement electronically as described in our online banking service. You agree that you are able to receive, read, store and print information that we send to you electronically as described.

To help us communicate with you about the Services, you will give us your current telephone, mailing and e-mail addresses and promptly let us know when these change along with the updated information.

Chargeback

We can chargeback your Account or any other deposit account you have with us for the amount of any item, its image or any paper or other electronic representation of an item that is: (1) returned to us; or (2) is rejected by us for any reason including where we believe it has been previously submitted or deposited with us or with anyone else. This is true even if you have made withdrawals against it. We can also charge fees connected to the chargeback as described in your fee schedule and other agreements with us.

Security

You are responsible for protecting your Mobile Device against unauthorized use as well as any losses and damages from unauthorized access. You will protect your Mobile Device, set up strong passwords and take other reasonable security precautions to protect your Mobile Device from unauthorized use. We are not responsible or obligated for any of these security precautions.

You will also: (1) keep your passwords secret and change them regularly; (2) limit access to your Mobile Device and passwords to those who have a legitimate need for them; (3) supervise all people that you allow to use the Services; (4) regularly monitor access and use of the Services including promptly reviewing your Account statements; (5) tell us immediately when your Mobile Device is lost or stolen or you believe there has been any unauthorized activity involving the Services; and (6) promptly change your passwords and remove anyone who is no longer authorized to use the Services.

Service Disruptions

The Services might not be available from time to time due to maintenance, technical problems or other reasons. We are not responsible if the Services are not available.

No Warranties

WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICES OR THE PROGRAM, WHICH ARE PROVIDED ON AN “AS IS” BASIS. FOR EXAMPLE, WE MAKE NO WARRANTY THAT THE SERVICES OR PROGRAM WILL BE AVAILABLE, TIMELY, SECURE OR ERROR FREE. WE ALSO DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Limitation of Liability

WE WILL NOT BE RESPONSIBLE FOR: (1) ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR THE PROGRAM; OR (2) ANY CLAIM BY ANOTHER PERSON OR PARTY REGARDLESS OF OUR ACT OR OMISSION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

Privacy Notice

We understand how important privacy and confidentiality are to you. Please consult our Online Privacy Practices statement and our Privacy & Opt Out Notice for information about our commitment to you and your privacy rights. A copy of our Online Privacy Practices Statement and the Privacy & Opt Out Notice is available on our Website.  Information regarding mobile banking security can also be found on our Website.

Your Additional Promises to Us

You also promise that:

  • your Account is in good standing;
  • all users of the Services will be authorized to make transactions on the Account;
  • if another person uses the Services with your Mobile Device, you will be responsible for their actions on the Account as well as anyone else they allow to use your Mobile Device. This will be true even if you did not want, or agree to, their use;
  • if your Account is a Business account, you will use the Services only for Business transactions and not for personal use. If your Account is a personal account, you will use the Services only for personal transactions and not for business use;
  • you will only Transmit Images of Eligible Items to us;
  • you will follow all of all our Program requirements and our instructions for using the Services;
  • all information you provide to us is accurate;
  • the front and back of each Image you Transmit to us accurately shows all information on the Eligible Item and satisfies all of our Program requirements including our imaging and processing requirements;
  • each Image you Transmit to us and all signatures appearing on it are genuine and authorized;
  • the Eligible Item has not been previously submitted or deposited with us or with anyone else and will not be again unless we tell you to;
  • when we send you a notice on your Mobile Device confirming that you have successfully Transmitted an Image to us for deposit, you will not negotiate, transfer, transmit, deposit or present the Eligible Item or a duplicate of it in any form;
  • after Transmission to us, you will not have the Eligible Item stopped or cancelled, or have a replacement issued;
  • no person or party will receive presentment, return of, or otherwise be charged for, the original Eligible Item, its Image or a paper or electronic representation of the original Eligible Item such that that person will be asked to make a payment based on an Eligible Item that it already has paid; and
  • you will follow all laws, regulations, and terms related to the Services including those in this Agreement, and those in the rules for the Account, our mobile banking and online banking services, as well as the Program requirements.

Indemnification

You will indemnify, defend and hold us harmless for any loss or causes of action for your breach of any promises you make to us in this Agreement or otherwise, as well as any warranty or indemnity we provide in connection with the processing, collection, presentment for payment, return or re-presentment of an Image or other item transmitted to us using the Services.

Modification, Suspension or Termination

We can at any time at our option and without liability to you:

  • change any part of this Agreement or the Services, unless we previously told you we would not. If we do, we will tell you about the changes we have made. The most up-to-date version of this Agreement will be on our Website available through our online banking service, and you should review it on a regular basis. When you later use the Services you agree to all changes we have made; and
  • suspend your use of the Services or terminate this Agreement without notice to you.

You can terminate this Agreement at any time by notifying us and discontinuing your use of the Services.

Assignment

You cannot assign this Agreement or your rights and obligations under it to someone else without our permission. We can assign this Agreement and our rights and obligations to someone else without your permission or prior notice to you. They will then take our place under this Agreement.

Services and Program Ownership

The Services and the Program are owned and operated by us, are the property of us or our third-party licensors and could be protected by intellectual property and/or proprietary rights and other restrictions. You can only use the Services and the Program as we allow, and we reserve all of our rights to them that are not provided for in this Agreement.

Additional Terms

  • We can add eligibility requirements to use the Services at any time.
  • Your rights and obligations in the event of an error in connection with the Services are described in the rules for your Account.
  • This Agreement will be governed by federal law and, where applicable, by the laws of the state governing your Account whether or not you live in that state or use the Services in that state.
  • The Services could be affected by the terms of other agreements you have with other parties including those for your Mobile Device and your mobile service. We have no responsibility or obligations under any of these agreements, and this Agreement will not change any of your rights and obligations under them.
  • Any “memo” field we provide on your Mobile Device in connection with the Program and the processing of your Images will be only for your use and future reference. We will not review or be obligated by anything you enter into this field. Do not include sensitive or confidential information like Social Security or account numbers in the “memo” field.
  • We do not charge for use of the Services, but message and data rates could apply from your mobile service provider;
  • If any provision of this Agreement is found to not be enforceable, the other provisions of this Agreement will remain valid and enforceable. You and we will work in good faith to substitute other enforceable terms that are similar to those that are unenforceable.
  • Our failure to enforce any term(s) of this Agreement will not be a waiver or affect our right to later enforce that term.
  • This Agreement will bind and benefit all of your and our successors and assignees.
  • Your promises to us – including your indemnification of us - will continue even after this Agreement ends;
  • We can audit your use of the Services to confirm your compliance with this Agreement. You will cooperate and provide all information and documents we reasonably ask for related to the Services or the Program.
  • All of our affiliated entities and parties you indemnify in the Agreement will be third party beneficiaries of this Agreement and entitled to directly rely on its provisions and enforce it. No other person or party will have rights or claims us under this Agreement.
  • A photocopy or other image of this Agreement can be used as the original.

Glossary

“Account” is your checking, savings, money market or other eligible deposit accounts with us that we permit you to use the Services to make deposits. In general, these are accounts where you have access and authority as an authorized signer according to our records, including as provided in our online banking services.
“Agreement” means all the terms and disclosures related to your use of the Services.
“Availability Schedule” is the section in the rules for your Account titled “Deposit Availability Disclosure” which describes when we will make funds deposited by you available for your withdrawal.
“Business” is the business entity on the Account. This can be a sole proprietorship, partnership, corporation, limited liability company or other legal form of doing business.
“Business Days” are all days except Saturday, Sunday and federal holidays.
“Business Representative” is a person who is authorized by the Business in a way that is acceptable to us to access and make transactions on the Account including using the Services.
“Eligible Items” are paper items that are defined as checks by Regulation CC and other paper items (not prohibited by this Agreement or rejected by us) to be converted into Images and deposited into your Account using the Services.
“Image” is an accurate electronic picture or replica of the front and back of an Eligible Item and related deposit information that you Transmit to us and attempt to deposit into your Account using the Services.
“Mobile Device” is your mobile telephone, computer, tablet or other device and associated software used to access and use the Services.
“Program” means all of the computer software, computer code, design, visual interfaces, graphics, information, data, services,  documentation and other materials associated with the Services.
“Services” mean our remote deposit capture services that allow you to use a camera on your Mobile Device to create Images of Eligible Items and send and deliver those Images electronically to us or our processing agent for deposit into your Account.
“Substitute Check” is a paper reproduction of an original check created from an electronic image that meets certain requirements described in Regulation CC. These are sometimes called “image replacement documents” or “IRDs”
“Transmit” or “Transmission” means to send and deliver an Image electronically to us or our processing agent for deposit into your Account using your Mobile Device as provided by the Program.
“UCC” is the Uniform Commercial Code as adopted in the state for your Account.