Part G: RBC ® Mobile Cheque Deposit – Terms and Conditions

  1. Introduction.  The terms and conditions of this Part G (i) apply only when you use Mobile Cheque Deposit; (ii) are in addition to the general terms and conditions in Part B of this Agreement, and (iii) replace all prior agreements between you and us for Mobile Cheque Deposit.  If there is a conflict between this Part G and the general terms and conditions in Part B of this Agreement,this Part G will apply to the extent necessary to resolve the conflict.
  2. Description of Mobile Cheque Deposit

    a) Description.  RBC ® Mobile Cheque Deposit is a service that we offer which enables you to create, deliver and deposit Images to eligible Deposit Accounts (“Mobile Cheque Deposit”).

    b) Creation of Images.  We are a member of the Canadian Payments Association (“CPA”), created by the federal government, for the purpose of setting out the rules for clearing and settling Instruments in Canada among financial institutions. CPA Rule A10 allows members to exchange Instruments electronically by using images of the Instruments.  

    You agree that each Image created using Mobile Cheque Deposit is created by or on behalf of us in accordance with applicable laws.  In addition, you agree that each Image is an official image within the meaning of the Bills of Exchange Act (Canada) and will be used for all purposes as an eligible bill under that act.

    c) Access to Funds.  Images will be processed as if they are the original paper Instrument, and subject to the same terms and conditions of the Deposit Account Agreement and Client Card Agreement, including our standard hold policy and access to funds limits. In particular, deposit of an Instrument to your Deposit Account using Mobile Cheque Deposit will be treated as though you deposited the Instrument at an RBC Royal Bank ATM. Images deposited using Mobile Cheque Deposit are subject to, and form part of, the same maximum deposit limits and release amounts that apply to deposits made at a RBC Royal Bank ATM using your client card.

    d) Fees and Charges.  There is currently no additional charge for Mobile Cheque Deposit.  However, all transactions are subject to the usual fees and charges that apply to your Deposit Account under the Deposit Account Agreement and disclosures. Fees are subject to change, as set out in the Deposit Account Agreement

    e) Deposit Account Agreement and Client Card Agreement.  Except as expressly provided in this Part G, deposits made through Mobile Cheque Deposit are subject to all limitations, terms and conditions set forth in your Deposit Account Agreement and Client Card Agreement, as amended from time to time. 
  3. Technology and Specifications

    a) Technology Requirements.  To use Mobile Cheque Deposit, you must obtain and maintain, at your own expense, a compatible Electronic Access Device, hardware, operating systemsand software approved for such use by us, and which have not been altered from manufacturer specifications. You must also download the version of RBC Mobile that supports Mobile Cheque Deposit to your Electronic Access Device.  We are not responsible for hardware, operating systems and software needed to operate Mobile Cheque Deposit.  We have the right, in our sole discretion and without notice, to make changes to Mobile Cheque Deposit from time to time which may result in your Electronic Access Device, hardware, operating systems and software no longer being compatible with Mobile Cheque Deposit, and in such event, we will have no responsibility or liability to you or any other person.

    b) Image Specifications. You will ensure all Images comply with applicable laws, including CPA Rules, and our specifications and quality standards.  Images must be usable which means clearly represented, be able to be read or deciphered by a human viewer, and must be able to be seen without obstruction.  The Image must accurately represent all relevant information on the front and back of the original paper Instrument. All information in each field or portion that is required to be present and read or deciphered by a human viewer on the Instrument must be present and be able to be read and deciphered by a human viewer in the Image.  Any field or portion that would be required to be present and seen without obstruction on the Instrument, must be present and seen without obstruction in the Image.  In the event an Image cannot be processed due to poor quality or otherwise, we are not responsible or liable for any failure or delay in the processing or presentment of the Image.

    c) Safe Storage and Destruction; Image Retention. You will ensure that all original paper Instruments are securely stored for five (5) days after the date of Image creation, and then immediately destroyed using secure methods. You are solely responsible and liable for any losses or damages suffered or incurred by you or any person as a result of a lack of adequate security or controls over Instruments.  We are not responsible or liable if an original paper Instrument is needed after it has been destroyed.  You may request copies of any Images retained by us, for which there may be an additional fee. Upon request by us for any purpose, including for the purpose of an investigation involving the Instrument, you agree to promptly provide us with the original paper Instrument if it is still in your possession or your own copies or image of the Instrument.
  4. Image Processing

    a) Cut-off Times.  Subject to section 4(c), any Image received before the applicable cut-off time on a Business Day will be processed on the same Business Day. Any Image received after the cut-off time will be processed on the following Business Day. Images will be considered deposited at such times and locations as we may determine in our sole discretion, regardless of where you or your Deposit Accounts are located.  We may, but we have no obligation to, acknowledge that we have received an Image. If we do acknowledge receipt, it does not mean the submission was error free or complete or that we have accepted or deposited any of the Images.

    b) Foreign Exchange.   If an Instrument in foreign currency is submitted through Mobile Cheque Deposit to a Deposit Account, we reserve the right to convert it into Canadian dollars and allow the deposit. In such case you are responsible for any losses relating to foreign exchange conversion, as stated in the Deposit Account Agreement. Any provisional credit to a Deposit Account may be later adjusted to the extent necessary to reflect conversion rates and to deduct any conversion fees.

    c) Images Not Accepted or Received. We may for any reason, in our sole discretion, refuse to accept or deposit any Image and may return any Image.  An Image is not considered accepted for deposit by us until we have determined that it meets the requirements for continued processing. We are not responsible or liable to you or any other person relating to any Image or portion of any Image that is lost or otherwise not received or accepted by us or which is returned. You will accept such returns in any format received from us.

    d) Finality. All documents accessed, sent, received, accepted, or processed using Mobile Cheque Deposit are considered binding on you.

    e) Provisional Credit. Images will be credited to Deposit Accounts on a provisional basis only, and provisional credits are subject to change and chargeback in accordance with the Deposit Account Agreement. We may debit or credit the account of deposit, or any of your other accounts with us, to the extent we determine necessary for this purpose. Images that are charged-back will be repaid in accordance with the Deposit Account Agreement, including if the Instrument is a duplicate, if payment for the Instrument is not received or if the Instrument is returned after initial payment for any reason.

    f) Limitations of Mobile Cheque Deposit. If you are unable to use Mobile Cheque Deposit at any time and for any reason, you are solely responsible, at your own expense, for finding an alternate method to deposit Instruments, such as by using an ATM or by going to a branch.
  5. Restrictions on Use

    a) Limits. We may establish and change certain restrictions on your use of Mobile Cheque Deposit, including restrictions on the types of Images and limits on the size, number, and dollar amounts of Images and files that may be submitted or accepted through Mobile Cheque Deposit.

    b) Prohibited Instruments. You shall not use Mobile Cheque Deposit to create, deliver or deposit Images that are:

    i. not eligible under CPA Rule A10 for the creation of Images;
    ii. not encoded by magnetic ink character recognition (MICR);
    iii. payable in a currency other than Canadian dollars;
    iv. drawn on or payable through a financial institution located outside of Canada, or which bear a non-Canadian routing/transit number;
    v. dated more than 6 months before the date of deposit or that are postdated (dated for a future date);
    vi. deposited into a joint Deposit Account, if that Deposit Account is an “All to Sign” Deposit Account, as described in the Deposit Account Agreement;
    vii. duplicates or Instruments which otherwise have already been submitted for deposit to us or to any other financial institution;
    viii. not original Instruments (e.g., no photocopies, PDFs or other printouts of items);
    ix. payable to any person other than the owner of the account to which the Instrument is to be deposited;
    x. drawn by you or otherwise issued by you or any other person on any of your personal deposit accounts (whether joint or sole owner), including any personal deposit account on which you are a representative (e.g., testamentary executor, agent);
    xi. altered in any way, 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 Instrument is drawn; or
    xii. not acceptable under any of our policies or procedures or the Deposit Account Agreement or otherwise determined by us as not eligible for deposit using Mobile Cheque Deposit, including at the time of an attempted deposit by rejecting it.
    The above shall be referred to collectively as "Prohibited Instruments".

    You will ensure that Mobile Cheque Deposit is not used to deposit any Prohibited Instruments. We may, in our discretion, accept any Prohibited Instruments for deposit, but in no event do we have any obligation to do so, nor will we have any responsibility or liability to you or any other person for accepting or rejecting any such Prohibited Instruments.

    c) Jurisdiction. Mobile Cheque Deposit is only intended for use in Canada, and must not be accessed or used to create, deliver or deposit Images from jurisdictions outside Canada.

  6. Ongoing Representations, etc.  Each time you use Mobile Cheque Deposit, you represent, warrant and agree that:

    a) each Image complies with our specifications and quality standards and any applicable industry standards and does not contain any viruses;

    b) there are no Prohibited Instruments;

    c) you have taken reasonable steps to securely store and destroy original paper Instruments in accordance with these terms and otherwise to detect and prevent duplicates and other Prohibited Instruments from being submitted; 

    d) payment has not been made or sought on an Instrument more than once, including by depositing the original paper Instrument with us or any other financial institution, at any time either before or after submission of the Instrument through Mobile Cheque Deposit;

    e) all information you provided to us is true and accurate;

    f)each Instrument is authentic and valid and properly payable to the account holder;

    g) each Instrument has not been altered and all signatures on it are authentic and authorized; and

    h) your use of Mobile Cheque Deposit, and each Image and Instrument, complies with the Deposit Account Agreement, the Client Card Agreement, applicable laws, including CPA Rules, and the applicable provisions of this Agreement.