Common use of RDC Services Clause in Contracts

RDC Services. If approved by WorkWave, Sub-Merchant will have the ability to scan or otherwise create images of Checks for deposit through WorkWave and FTNI’s RDC services (the “RDC Services”). Any Checks deposited electronically by Sub-Merchant through use of the RDC Services will be subject to the following requirements: i. The original paper Check will not be deposited through the RDC Services more than once; ii. All Checks will conform to the requirements of Sub-Merchant deposit agreement with its Financial Institution; iii. Sub-Merchant will review and validate the accuracy and completeness of the Check data being captured including but not limited to the amount of the Check and the legibility of the Check Image generated from use of the RDC Services; and iv. Sub-Merchant will be solely responsible for the selection, use and operation of the scanner equipment used to capture the Check Image using the RDC Services, including the quality of the Check Image results generated from the scanner. Any scanner used by Sub-Merchant with the RDC Services must meet the technical specifications for scanners specified by WorkWave in order to be deemed compatible with the RDC Services. v. Sub-Merchant will be solely liable and responsible for all damages, losses, expenses and claims arising from any of the following: a. Duplication of Check Images transmitted by Sub-Merchant to WorkWave through the RDC Services; b. Alteration of scanned Check Images not caused by WorkWave or its software; c. Deposit of Checks on accounts with insufficient funds, counterfeit Checks, fraudulent Checks, or Checks bearing unauthorized or forged endorsements; d. Acts of fraud, negligence or willful misconduct committed by employees of Sub-Merchant in depositing Checks using the RDC Services; e. Hardware failure not caused by WorkWave’s services or its software; or f. Sub-Merchant’s failure to properly store original Checks once the scanned Check Image has been captured.