Mobile Check Deposits Terms and conditions | HSBC

HSBC Mobile Check Deposit User Agreement ("Agreement"):

This Agreement contains the terms and conditions for the use of HSBC Mobile Check Deposit and other remote deposit capture services that HSBC Bank USA, N.A. or its affiliates ("HSBC", "us," or "we") may provide to you ("you," "your" or "User"). Other agreements you have entered into with HSBC, including the Rules for Deposit Accounts, governing your HSBC account(s), and the Mobile Terms and Conditions, governing your use of the HSBC Mobile Banking App, are incorporated by reference and made a part of this Agreement.

  1. Services. The HSBC Mobile Check Deposit capture service ("Services") is designed to allow you to make deposits to your checking, savings, or money market savings accounts from the HSBC Mobile Banking App by scanning checks and delivering the images and associated deposit information to HSBC or HSBC's designated processor. There is currently no charge for the Services.
  2. Acceptance of this Agreement. HSBC reserves the right to change the Agreement under which the Services are offered in its sole discretion at any time; however, HSBC will notify you of any material change to the Agreement. HSBC reserves the right to notify you by BankMail, email or by conventional mail, at its discretion. Any notice to you will take effect when it is delivered to you by BankMail, email or mailed to the last address we have for you in our records. You can review, download and print the most current version of this Agreement at any time by clicking on the Terms and Conditions link within the footer of the Personal Internet Banking web site and then clicking "Mobile Check Deposit" in the "Other Terms & Conditions" section of the right hand menu. If you do not agree to the changes, or if at any time you wish to discontinue your use of the Services, you can unsubscribe by sending a secure 'BankMail' from Internet Banking or call our Customer Relationship Center at 1-800-975-HSBC (1-800-975-4722), to unsubscribe from the services. Representatives are available Monday - Sunday 7:00am - 12:00am ET and will be happy to help.
  3. Limitations of Services. When using the Services, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.
  4. Eligibility We will determine whether you are eligible for Services in our sole discretion. We may suspend or terminate your use of the Services at any time and without prior notice to you. If you violate the terms of the Services, then we also may use such actions as a basis to terminate your account relationship with us.
  5. Eligible items. You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC ("Reg CC"). You agree that the image of the check transmitted to HSBC shall be deemed an "item". You agree that you will not use the Services to scan and deposit any checks or other items as shown below:
    1. Checks or items payable to any person or entity other than you.
    2. Checks or items containing obvious alteration to any of the fields on the front of the check or item, 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.
    3. Checks or items previously converted to a substitute check, as defined in Reg CC.
    4. Checks or items drawn on a financial institution located outside the United States.
    5. Checks or items that are remotely created checks, as defined in Reg CC.
    6. Checks or items not payable in United States currency.
    7. Traveler's checks or savings bonds
    8. Checks or items dated more than 6 months prior to the date of deposit.
    9. Checks or items prohibited by HSBC's current procedures relating to the Services or which are otherwise not acceptable under the terms of your HSBC account.
  6. Image Quality. The image of an item transmitted to HSBC using the Services must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. Checks should be placed on a dark background, ensuring the image is in focus and the four corners of the check are visible inside the red box.
  7. Endorsements and Procedures.. You agree to properly endorse any item transmitted through the Services per the Rules for Deposit Accounts in section Responsibility for the Back of a Check.
  8. Receipt of Items. We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from HSBC that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete. If there is a discrepancy between the entered and confirmed amount and the amount on the scanned image we will credit the account based on the scanned image. Any item will be deemed to have been deposited at the branch where the account is maintained.
  9. Funds Availability. Funds deposited using the services before 10pm ET on a Business Day will consider that day to be the day of deposit. Deposits made on a Business Day after 10pm ET will be considered to be made on the next Business Day. Funds deposited may not be available for immediate withdrawal and will be available based upon the Funds Availability section of the Rules for Deposit Accounts.
  10. Retention of Original Check. Once your check image has been credited to your account, you must mark the original check by writing mobile check deposit on the front with the date and retain the check for ninety (90) days. You may not present the original check or any image or substitute check created from the original check for payment at any other financial institution. During this 90-day period, you must store the original paper check securely using precautions at least as secure as those you would use to protect a blank check and you must make the original paper check available to us for review at any time and as necessary for us to facilitate the clearing and collection process, to address third party claims, or for our own audit purposes. Should you fail to produce the original paper check, you authorize us to deduct the amount of the check in question from your account, regardless of whether such action may cause your account to not have sufficient funds, and to pay any associated fees. Immediately after this 90-day period, you must destroy the original paper check.
  11. Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Services and to modify such limits from time to time.
  12. Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by HSBC from time to time, as outlined in our Mobile Banking FAQs.

    Errors. You agree to notify HSBC of any suspected errors regarding items deposited through the Services in accordance with theRules for Deposit Accounts.
  13. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in HSBC's sole discretion subject to the Rules for Deposit Accounts and disclosures governing your account.
  14. Ownership & License. You agree that HSBC retains all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to HSBC's business interest, or (iii) to HSBC's actual or potential economic disadvantage in any aspect. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.
  15. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
  16. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF HSBC HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
  17. User warranties and indemnification. You warrant to HSBC that:
    1. You will only transmit eligible items.
    2. Images will meet the image quality standards.
    3. You will not transmit duplicate items.
    4. You will not deposit or represent the original item.
    5. All information you provide to HSBC is accurate and true.
    6. You will comply with this Agreement and all applicable rules, laws and regulations.
    7. You agree to indemnify and hold harmless HSBC from any loss for breach of this warranty provision.
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