This Agreement contains the terms and conditions governing your use of the remote deposit capture services (the "Services") that Fidelity Brokerage Services LLC (which together with its affiliates, subsidiaries, agents, independent contractors, designees and assignees shall be referred to collectively as "Fidelity") may provide to you. This Agreement is incorporated by reference into and forms a part of your Customer Agreement or Client Agreement, (each referred to herein as the "Customer Agreement"), as applicable, and you should refer to your Customer Agreement for additional terms and conditions governing your use of the Services. All references to "Customer Agreement" shall include without limitation the Fidelity Brokerage Customer Agreement, Fidelity Brokerage Retirement Customer Agreement, customer agreements associated with other eligible brokerage accounts, including managed accounts, and any supplemental documents as applicable. You also agree that your use of the Services will be subject to any other agreements that you have with Fidelity.
Services
The Services are only intended for personal use and are designed to allow you to make deposits to eligible Fidelity brokerage accounts from your home or other remote locations by capturing images of checks and delivering the images and associated deposit information to Fidelity or Fidelity’s designated processor. For security reasons, Fidelity shall in its sole discretion determine the types of eligible Fidelity brokerage accounts and any daily deposit maximums, which may change at any time without notice to you. In order to be eligible, Fidelity may also require that your account satisfy certain requirements can be found in the Frequently Asked Questions for the Services. You acknowledge that once the images are transmitted to Fidelity, the paper checks may not be redeposited to Fidelity or any other banking institution. Once the images are received by Fidelity, the transactions may be processed by Fidelity using any method it chooses and may be entered into the Automated Clearing House (ACH) network if appropriate. You agree not to transmit or attempt to redeposit any check in violation of the laws of the United States of America.
Acceptance of Agreement
Your use of the Services constitutes your acceptance of this Agreement. Fidelity may amend this Agreement at any time without prior notice to you, except as may be required by applicable law. Your continued use of the Services shall constitute your acceptance of any such changes to the Services or this Agreement. Fidelity also reserves the right to terminate this Agreement and revoke your access to the Services without prior notice to you.
Use of the Services
Fidelity does not charge a fee for the Services. However, to use the Services, you must obtain, at your own expense, the necessary hardware and software. Services are only available through certain online channels and eligible mobile devices as determined by Fidelity. Use of the Services requires login to verify your identity. You will also be required to provide Fidelity with a valid email address in order to use the Services. Your provision of this email address constitutes your consent to receiving communications from Fidelity concerning the Services and the depositing of checks through the Services, including notice of any rejected deposits, at this email address. More detailed information concerning what to do in the event of a rejected deposit can be found in the Frequently Asked Questions for the Services.
Scope of Services
The Services may be used to capture images and deposit checks, as that term is defined in Federal Reserve Regulation CC. You may only use the Services to deposit checks that meet Fidelity’s acceptable check policy. Fidelity will not accept checks in excess of certain dollar amounts. Maximum deposit amounts may vary depending on your account type and other criteria established by Fidelity. In addition, Fidelity will not accept instructions for specific deposits written on your check. Fidelity reserves the right to reject any check submitted via the Services for any reason whatsoever, including a check that appears, or that Fidelity suspects may be altered or fraudulent. Fidelity shall not be liable for any harm resulting from such rejection. Funds deposited through the Services may not be immediately available. Any credit given for a check is provisional and will be reversed in the event of a return of the check, regardless of the reason for that return. In the event that a check is returned to Fidelity in the form of an Image Replacement Document ("IRD"), Fidelity will inform you of such a return and hold the IRD for ninety days. If you do not request the IRD to be sent to you within 90 days, Fidelity will destroy the IRD. With the exception of periodic maintenance, the Services are available 24 hours a day, 7 days a week. While deposits can be initiated anytime the Services are available, deposits can only be processed on Business Days, which are generally Monday through Friday, excluding bank holidays. More information about these topics can be found in the Frequently Asked Questions for the Services and Fidelity reserves the right to modify these conditions at any time without notice to you.
Endorsement
Each check should be restrictively endorsed with the following language. "For Deposit Only to my Fidelity Brokerage Account". Notwithstanding the foregoing, you acknowledge that Fidelity is entitled to a valid and unqualified endorsement of each check transmitted by you to Fidelity using the Services, and you give Fidelity the irrevocable right to place such an endorsement on the check. You agree to only present a check for payment once, except as may be requested by Fidelity to complete your deposit.
Safekeeping
After you receive notice that Fidelity has received the check image and the funds have been deposited to your account, you agree to properly safeguard the paper check to ensure that it is not presented for payment more than once. You also agree not to use the Services to deposit a check in your Fidelity account that has previously been presented for payment, except as may be requested by Fidelity. Fidelity may request that you provide a copy of any check deposited through the Services, and you agree to promptly provide such copy upon receipt of notice from Fidelity. You warrant that the scanned image of the paper check accurately and legibly represents all of the information on the front and back of the check, meeting the image quality standards of the American National Standards Institute. You also warrant that no person will be asked to make a payment on a check you transmit more than once.
Indemnification
If a check deposited through the Services does not clear, the deposit will be removed from your account. You further agree to indemnify Fidelity and you authorize Fidelity to debit your account for all losses Fidelity incurs in connection with or as a result of your use of the Services, including without limitation losses incurred as a result of a check being presented more than once, a check not being properly endorsed, and nonpayment on a check. You are responsible for satisfying all debits to your account in accordance with the terms of your Customer Agreement, including any debit balance outstanding after all assets have been removed from your account. You agree to promptly review account statements and immediately notify us of any unauthorized, suspicious, or erroneous transactions; any discrepancy with respect to the Services; or any other unexplained occurrence. If you fail to so notify us immediately, your account statements and transactions will be deemed correct.
Privacy
In connection with the Services, Fidelity may disclose information to third parties about your account or the deposits you make: (i) where it is necessary for completing transfers, (ii) in order to verify the existence and condition of your account for a third party, (iii) in order to comply with a government agency or court order, (iv) if you give Fidelity written permission, or (v) for other purposes in accordance with applicable Fidelity privacy policy.
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. FIDELITY DISCLAIMS 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. FIDELITY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
LIMITATION OF LIABILITY
FIDELITY 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, OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE OR THE TERMINATION OF THE USE OF THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF FIDELITY HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
Governing Law
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts.
