This service is provided to you by Town Bank, N.A. (the "Bank") and powered by a Third Party (the "Licensor") mobile technology solution. Section A of these End User Terms is a legal agreement between you and the Bank. Section B of these End User Terms is a legal agreement between you and the Licensor.
MOBILE TERMS AND CONDITIONS - INTRODUCTION
Thank you for using the Bank's Mobile Banking combined with your handheld's text messaging capabilities. For help, text "HELP" to 79680. To cancel your plan, text "STOP" to 79680 at any time. In case of questions please contact customer service at email@example.com or call 1-800-433-3076.
These Mobile Terms and Conditions ("Terms and Conditions") contain the terms and conditions under which we permit our Online Banking users to obtain certain banking services via a handheld mobile device, as described below (each a "Mobile Service" or a "Service"). In these Terms and Conditions, "you" refers to our Consumer Online Banking user who has registered for the Mobile Service, and the terms "Town Bank, N.A.," "Bank," "we" and "us" refer to Town Bank, N.A.. You accept these Terms and Conditions when you enroll and use the Service.
Use of Online Banking is required for access to Mobile Banking. These Terms and Conditions supplement the Online Banking and Bill Payment Agreement ("Agreement"). The Agreement is located at http://www.townbank.us/online/banking/ceb_disclosure.html. All terms and definitions contained in the Agreement apply to these Terms and Conditions. In addition, the terms and conditions of your deposit agreements and disclosures for each of your Bank deposit accounts, as well as any other agreements you may have with us, such as loans, continue to apply. In the event of a conflict or inconsistency between these Terms and Conditions and the Agreement or any other agreements currently in place between you and us, these Terms and Conditions will govern.
1. Distinct Services. The Mobile Services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from the Bank. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service.
2. Transmission Content. You and the Bank are solely responsible for the content transmitted through the text messages sent to and from the Bank. You must provide source indication in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.)
3. Accessing Mobile Banking. In order to access our Mobile Services, you must have a cell phone, tablet or other handheld device that can send and receive information using the technology that supports this Service (a "Mobile Device"). Internet access is not required on your Mobile Device to use the Mobile Service; however, certain services are only available through the Internet. The kinds of Mobile Devices and the telecommunications carriers that support Mobile Services are described on our website. You are responsible for the purchase and maintenance of your Mobile Device and for any contracts with your telecommunication carrier necessary to operate your Mobile Device.
4. Additional Login Options. You can now use Touch ID to log into your .CommunityMobile Mobile App.
Please review and understand the below information before enabling the capability of this device. Your Mobile Device may have a built-in feature which authenticates your identity by using biometrics such as fingerprints, eye (iris) scans, and facial recognition. Some Mobile Devices allow multiple users to authenticate using the biometric feature. For example, your phone may allow you to set up authentication using your own fingerprint, as well as the fingerprints of your family members.
In the event that you utilize our Mobile Services that offer the capability to access and /or authorize banking transactions via the biometric function of your Mobile Device, be aware that the Mobile Services will accept any person's authorized biometric (i.e. fingerprint) that your Mobile Device currently allows. This could result in someone with biometric access to your Mobile Device potentially gaining unauthorized access to your accounts with the Bank.
5. Your Responsibility for Security. It is your responsibility to properly secure your Mobile Devices, including whether to allow other people to have biometric access to the devices. Mobile Devices with Internet capabilities are susceptible to viruses. You are responsible to ensure that your Mobile Device is protected from and free of viruses, worms, Trojan horses, or other similar harmful components that could result in damage to programs, files, and/or your Mobile Device or could result in information being intercepted by a third party. We are not responsible if any non-public personal information is accessed via the Mobile Service due to any virus residing or being contracted by your Mobile Device at any time or from any source.
USING MOBILE BANKING
1. Uses. With Mobile Banking, you may use your Mobile Device:
To view balances and recent transactions for each online banking account that you have enabled to be accessed from your Mobile Device (each a "Mobile Account").
To make immediate, one-time transfers of funds between your Mobile Accounts. The terms and conditions for transfers using the Mobile Service, including any limitations on the amount and frequency of transfers, are the same as those for transfers using Online Banking and are governed by your applicable account agreements.
To view alerts as long as you have enabled the option in Online Banking.
To obtain cash at ATMs through Cardless Cash Access.
To make single Bill Payments to Payees you previously established in our Bill Payment service while logged in to an earlier separate Online Banking session. This feature is subject to the terms and conditions in the Agreement.
To make deposits to your Mobile Accounts through the .communityCapture Service.
NOTE: If your checking or money market account has had six (6) or more overdrafts within the past or current calendar year at the time of application for Mobile Banking or anytime thereafter, you will not be allowed to make deposits to your Mobile Accounts through the .communityCapture Service.
We may change these Terms and Conditions from time to time, as provided herein, to add, modify or discontinue one or more terms of Mobile Banking. We also reserve the right, at our discretion, to impose a frequency or dollar limit on, or refuse to make, any transfers.
Mobile Accounts will only be enrolled in the Mobile Service to the extent you are the owner of the Mobile Account. We reserve the right to deny access to any Mobile Account at our discretion and without prior notice. Transfers from insured money market accounts and savings accounts are limited to six per month, including transfers from such accounts by check, debit card or similar order, and, if you exceed these limits, we may assess a penalty fee on each transfer exceeding these limits, close the account and/or convert the account to a non-interest bearing demand deposit account.
2. Access. Mobile Banking is generally available 24 hours a day and 7 days a week. However, at certain times, some or all of the Mobile Services may not be available due to system maintenance or reasons beyond our control, including, but not limited to, cellular service availability. We do not warrant that Mobile Banking will be available at all times. The display of Mobile Account information may vary based on your Mobile Device and your cellular service.
3. Short Message Service "SMS" Texting. We may send text messages to you based upon the instructions you provide at the time of your SMS request. For instance, you may set an alert for a low balance threshold you have established. Each SMS message is sent to you without being encrypted and will include certain information requested on your Mobile Account(s). It is your responsibility to determine if your wireless carrier provider supports text messaging and whether your Mobile Device is capable of receiving text messages. Our SMS messages are subject to the terms and conditions of your agreement with your wireless carrier provider and your use of the SMS service may result in additional or changed fees.
Once you activate your Mobile Device for this Alert Service, you are responsible for keeping any personal information in your Mobile Device secure. For your protection, you agree to:
Login to Online Banking and cancel your SMS Alert Service if your Mobile Device is lost or stolen and contact us immediately;
Login to Online Banking and cancel or edit your SMS Alert Service if there are changes to your wireless carrier provider or Mobile Device number (cell phone number); and
Erase your "Sent Messages" and "Inbox" that may contain your SMS Short Code or other personal information.
You acknowledge, agree and understand that your receipt of any SMS messages may be delayed or prevented by factor(s) affecting your wireless carrier provider and/or other factors outside our control. We neither guarantee the delivery nor the accuracy of the contents of any message(s). We are not liable for any losses, damages or costs that may arise in whole or in part, from:
Non-delivery, delayed delivery, or the misdirected delivery of any message;
Inaccurate or incomplete content in any message; and
Your reliance on or use of the information provided in any SMS service message for any purpose.
We provide this Service as a convenience to you. An SMS message does not constitute an official record for the Mobile Account to which it pertains. We reserve the right to terminate this function or begin charging a fee for this function at any time without prior notice to you, except where required by law.
4. No Recurring Bill Payments to a Vendor Payee. The Mobile Service allows you to make only one-time Bill Payments, but does not allow you to schedule future or recurring transfers through your Mobile Device. If you discover there is an amount entry error or other issue with a one-time Bill Payment you just submitted through your Mobile Device, promptly contact us by calling 1-800-433-3076 during the department's regular business hours to determine if your submitted Bill Payment can be stopped with a timely Stop Payment Order from you.
5. No Recurring Transfers or Stop Payment of a Transfer. Mobile Banking allows you to make only one-time transfers, but does not allow you to schedule future or recurring transfers through your Mobile Device. There is no way for you to stop a transfer once you have requested a transfer through your Mobile Device.
6. Cardless Cash Access. The Cardless Cash Access Service allows you to withdraw cash from Participating ATM's using the Application on a Mobile Device. Participating ATMs will be in the Wintrust Community Bank network and will have a QR code to enable the Mobile Device to access the Service.
6.1 Activation: In order to activate Cardless Cash Access you must have a Debit Card linked to an established Checking deposit account for personal, family or household purposes with the Bank. Debit Card limits as outlined in the Electronic Funds Transfer section of the Agreement apply to this Service. The Bank may add additional types of accounts to access as well as the types of cards to access the Service at any time without prior notice.
6.2 Records: When an ATM cash withdrawal is made with the Mobile Device, a record of the transaction will be available within the Application on the Mobile Device. You agree to a) as needed, compile and retain permanent records of all transactions and other data associated with the account and use of the Service; b) reconcile the Service's transaction information to your deposit account. You further agree that you will comply with any instructions and/or procedures regarding the Service that may be issued by the Bank from time to time.
6.3 Unauthorized Use: You must contact the Bank immediately if you believe an error or unauthorized activity has occurred in the Cardless Cash Service or through use of this Service. The rights and responsibilities described in the Electronic Funds Transfer section of the Agreement will apply to transactions utilizing this Service.
USING MOBILE DEPOSIT via .communityCapture Service
1. Service and Service Terms. The following terms and conditions apply to the Consumer Electronic Banking - Mobile Remote Deposit Capture Service (the " .communityCapture Service") that the Bank may provide to its customers. You acknowledge and agree that the .communityCapture Service or any portion of the .communityCapture Service may be provided by one or more subcontractors.
2.1 "Business Day" means any day which the Bank is open to conduct substantially all of its services, but shall not include Saturday, Sunday or federal holidays.
2.2 "Capture Device" means any device acceptable to the Bank that provides for the capture of images from original Items and for transmission through a clearing process.
2.3 "Check" shall have the same definition as set forth in Check 21.
2.4 "Check 21" means the Check Clearing for the 21st Century Act, as well as Subparts C and D of Federal Reserve Board Regulation CC, and to the extent applicable, Subpart A of Regulation J of the Board of Governors of the Federal Reserve System.
2.5 "Image Replacement Document" or "IRD" means a) a Substitute Check as defined in Check 21; or b) the paper reproduction that will be created when an Item cannot be converted to an ACH transaction.
2.6 "Item" means a Check, money order, cashier's check, official check, U.S Treasury check, or any other payment instrument drawn on a financial institution within the United States from a Payor to you that may be transmitted as either data or image, and where applicable in the context, includes the electronic image of the front and back of an Item, in addition to other required information as specified by the Bank from time to time, in the format specified by the Bank from time to time. Notwithstanding the foregoing, it is understood that you will only be transmitting electronic images of the front and back of Items and not any paper Items. In order for an Item to be processed for deposit, it must be properly endorsed.
2.7 "Payor" means consumers or businesses that make payments to you by means of Items, but you shall not be a Payor.
2.8 "Service(s)" means the .communityCapture Service provided by the Bank including electronic check conversion and image archive systems that allow the use of a Capture Device to obtain and transmit the front and back images of Items and accompanying transaction data for the purpose of delivery to the Bank for clearing as an IRD. Service also includes any applicable support services. The Service shall only be provided for Items received by an individual customer for personal, family or household purposes that are being deposited into a customer's account at the Bank.
2.9 "Technology" means the Bank's or its subcontractor's deposit capture applications and processes designed to facilitate the electronic clearing of Items. The applications are accessed through Capture Devices, utilizing software and hardware provided by or acceptable to the Bank and are proprietary access points to payment processing networks and systems used to complete the clearing of Items. Technology may include but is not limited to customer service support, reports, software, software tools, user interface designs, and documentation, and any derivatives, improvements, enhancements or extensions thereof developed or provided by the Bank or its subcontractors and used in the provision of the Services hereunder. Any software provided by the Bank or its subcontractors pursuant to the Service shall be considered Software as defined in the End User License Agreement Terms for the Downloadable App of the Mobile Banking - Terms and Conditions.
3. Requirements, Suspension and Cancellation of Service.
3.1 Mobile Banking Requirements: Use of Mobile Banking is required to use a Mobile Device as a Capture Device.
3.2 System and Software Requirements: In order to utilize the Services, you must have the following system and software with the indicated specifications:
System and Software Requirements for Online Banking are contained within the Online Banking and Bill Payment Agreement located at http://www.townbank.us/online/banking/ceb_disclosure.html.
In addition to the System and Software requirements for Online Banking, if you will be accessing .communityCapture using a computer and TWAIN compatible scanner: Java Runtime Environment (JRE) 1.4.2 or higher must be installed to your PC/MAC.
For a PC: TWAIN compliant scanner or All-in-One' copier scanner with TWAIN drivers installed.
For a Mac: ONLY Twain-compliant scanners or an Ethernet-attached Magtek scanner is approved for use.
Please see the User Manual for the scanner to determine if it is TWAIN compatible.
If you will be accessing .communityCapture from the .communityMOBILE app, the following Mobile Devices are supported (Data Plan is required):
iPhone with iOS 12.0 or above.
Android OS 8.0 - Oreo or above; device must have an auto-focus camera.
This Service is not available with a Mobile Browser, Blackberry or Windows devices at this time.
3.3 Image Quality: The Check image transmitted to us through the Service must be legible, as determined in our sole discretion. Each Check image must show all four corners of the Check and provide all information on the front and back of the original Check at the time presented to you by the drawer, including, but not limited to, information about the drawer and the paying bank that is preprinted on the original Check, MICR-information at the bottom of the Check, signature(s), any required identification written on the front of the Check and any endorsements applied to the back of the Check. The Check image quality must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association.
3.4 Endorsements and Procedures: You agree to restrictively endorse any Item transmitted through the Service as "For Mobile deposit only, Town Bank, N.A.", the last four digits of your account number and your signature (must match the Payee line on the check) or as otherwise instructed by the Bank. If the Check is made payable to you and another payee, both of you must endorse the Check, and it must be deposited into an account owned by both of you. If you do not properly endorse the check, your deposit may fail. The Bank reserves the right to reject all items that are not endorsed as specified. You agree to follow any and all other procedures and instructions for use of the Service as the Bank may establish from time to time.
3.5 Authorizations: You authorize the Bank to convert Items to IRDs or transmit Items as images and further authorize the Bank or any other financial institution to which an Item is sent to handle the Item. You agree to, at your sole expense, a) provide connectivity between the Capture Device and the Technology; b) maintain the Capture Device in accordance with the instructions provided by the Bank, its subcontractors and/or any other Capture Device provider; c) as applicable, utilize your software, or the Bank's software to scan, load, and format Items as needed for transmission to the Bank; d) process return data and any remittance data delivered by the Bank for the purpose of updating your internal systems (which may include electronic and paper return Items); and, e) implement and maintain security measures, including firewall protection, in compliance with your obligations under this Agreement. You further agree to comply with any instructions and/or procedures regarding the Service and submission of Items that may be issued by the Bank from time to time.
3.6 Handling of Transmitted Items: You are responsible for the proper disposal of all original Items following their transmittal to the Bank. You agree to retain and safeguard the original Item for at least 14 days after transmittal of the Item. After 14 days and subject to your verification that the funds associated with the Item have been added to your account balance, you agree to mark the Item "VOID" and properly dispose of the Item by shredding or another commercially acceptable means of data destruction. All Items deposited using the Service are subject to final confirmation that an acceptable IRD has been created for further collection.
3.7 Prohibition on Duplication of Deposits. Unless the Bank has notified you that an Item has been rejected or returned unprocessed, you are prohibited from subsequently presenting for deposit any Item included in an IRD either in its paper based form or in digital form within another deposit. You agree that the posting of a deposit by the Bank into your account, such that it appears in the transaction history of the account as presented through the Bank's Online Banking system, shall constitute confirmation that an IRD has been credited to your account and you shall properly dispose of the Item as described in Section 3.6. You shall indemnify the Bank for any and all losses or other damages the Bank may suffer as a result of any deposit of an Item more than once. You expressly authorize and instruct the Bank to debit your account(s) in the amount of any Item which is deposited more than once.
3.8 Account Statement Examination: Unless you notify the Bank of any errors to deposits made through the Service within 60 days after the applicable account statement is mailed or otherwise provided to you, such statement regarding all deposits made through the Service shall be deemed to be correct.
4. Payment Processing.
4.1 Deposit Limits: There are limits to the number and dollar amount of deposits that may be made using the Service. The following limits will apply:
Deposited Item Limit: $2,500.00 (no single Item may be greater than $2,500.00)
Daily Limit: $2,500.00 (no total deposit for the day may exceed $2,500.00)
Daily Item count limit: 5 (total Items in a day's deposit may not exceed 5)
Multi-day Limit: $5,000.00 (total deposits made within 10 days may not exceed $5,000.00)
Multi-day Limit period: 10 Business Days (total # of days in multi-day period)
Multi-day Item count: 15 (total Items deposited in a multi-day period may not exceed 15)
4.2 IRD Processing: Items may be transmitted for electronic processing by other financial institutions or converted to IRDs and transmitted to a printing facility for printing and clearing through traditional paper processing channels, at the Bank's sole discretion. The IRDs will be created in accordance with Check 21; alternatively, the Bank may process Items as photocopies in lieu of originals, under guidelines established under applicable industry standards. Items that fail to satisfy your warranties, that fail to meet the requirements of the Bank or Check 21, or that are otherwise not able to be processed, may be charged back to your account(s) or returned to you. You agree to be bound by any clearinghouse agreements and operating circular and image exchange agreements to which the Bank is a party. In no event will the Bank be liable for any interest on an Item that is rejected.
4.3 Processing of Items: Images of Items transmitted by you are not considered received by the Bank until you have received an electronic confirmation of the receipt of the deposit from the Bank. However, receipt of the confirmation from the Bank does not mean that the transmission was error free or complete. Items transmitted by you and received by the Bank or its subcontractors by 6:00 p.m. CST Monday through Friday shall be credited to your applicable account on the same Business Day. Items received by the Bank after 6:00 p.m. CST on any Business Day or on a Saturday, Sunday or federal holiday shall be credited to your applicable account on the next successive Business Day. Funds from Items deposited under the terms of this Agreement will generally be available to you pursuant to the Banks Funds Availability Policy, except that funds from State and Local Government Checks, Cashier's, Certified, Teller Checks, Federal Reserve Bank, Federal Home Loan Bank Checks and postal money orders may be made available up to 2 business days after the day of your deposit. U.S. Treasury Checks are made available the next business day after the day of your deposit.
4.4 Items Not Permitted for Processing: You may only use the Service to deposit Items the Bank considers acceptable. The following types of Items will not be permitted for processing and you agree not to submit them:
Checks made payable to others (even if endorsed over to you).
Checks containing obvious alterations on the front of the Item, or which You knows, suspects, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the Item is drawn.
Substitute checks (i.e. paper checks created from an electronic image)
Checks that are irregular in any way (e.g. where the numerical and written amounts are different)
Checks that have been previously returned unpaid for any reason.
Checks that are postdated or more than 6 months old.
Checks drawn on a foreign bank or payable in a foreign currency.
Checks that exceed the maximum limits set forth in Section 4.1 above.
Demand drafts or remotely created checks lacking the original signature of the person authorizing the check.
4.5 Your Liability: You shall be solely responsible if any IRD for which you have been given provisional credit is subject to return or reversal, and neither the Bank nor its subcontractors shall be liable or responsible for same. You acknowledge that all credits received for deposit are provisional, subject to verification and final settlement.
Any dishonored Items will be returned as an image of the original or a substitute check as the charged-back Item. Information and data reported hereunder: a) may be received prior to final posting and confirmation and is subject to correction and b) is for informational purposes only and may not be relied upon. You agree that the Bank shall have no liability for the content of payment-related information.
5. Your Warranties. You make the following warranties with respect to the Items you deposit: a) you have only transmitted acceptable Items for deposit and have handled the original Items following transmission to the Bank as agreed to or directed by the Bank and in accordance with applicable law; b) you are a person authorized to enforce each Item or are authorized to obtain payment of each Item on behalf of a person entitled to enforce an Item; c) the Items have not been altered; d) each Item bears all applicable endorsements in a restricted format as directed by the Bank; e) all the warranties set forth in Check 21 and its implementing regulations that you or the Bank must make in processing the Check image, as well as the warranties of 4-207 of the Uniform Commercial Code as adopted in the state of Illinois f) (1) the electronic image portion of each Item accurately and legibly represents all of the information on the front and back of the original Check as of the time the original Check was truncated, (2) the information portion of the Item contains a record of all applicable MICR-line information required for a substitute check, and (3) the Item conforms to the technical standards for an electronic Item as specified by the Bank from time to time; g) you will submit only one accurate and clear image of the front and back of each Item to the Bank only one time; h) you will not deposit the original Item and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the Item (either the original Item, or a paper or electronic representation of the original Item) such that the person will be asked to make payment based on an Item it has already paid; and i) the amount of an Item, and such other information contained in such Item which is accurate and complete. You agree that these warranties shall be true and correct as of the date of each Item and that the submission of each Item to the Bank for processing shall be an acknowledgment of each such representation and warranty as of that date;
GENERAL TERMS APPLICABLE TO ALL MOBILE SERVICES
1. Limitation on Liability. We hope you will find the Mobile Services to be useful and reliable. However, it is important that you understand the limitations of Mobile Banking. The balance of a Mobile Account may be subject to change at any time, and the information provided to you through Mobile Banking may become quickly outdated. Because the Mobile Services are accessible only through your Mobile Device, your access to the Mobile Service may be limited by the service provided by your telecommunications carrier. Neither we nor our Licensor guarantee: a) either the delivery or the accuracy of any information requested or provided through the Mobile Service; or b) that you will have continuous or uninterrupted access to the Mobile Service. We are not responsible for any delay, failure or error in the transmission or content of information provided through the Mobile Service. Neither we nor our Licensor will be liable for damages arising from the non-delivery, delayed delivery, or improper delivery of any information through the Mobile Service; from any inaccurate information provided through the Mobile Service; from your use of or reliance on any information provided through the Mobile Service; or from your inability to access the Mobile Service.
2. Your Rights as a Consumer. See the section of the Agreement entitled "ELECTRONIC FUNDS TRANSFERS - YOUR RIGHTS AND RESPONSIBILITIES" for your legal rights and responsibilities when using the Services.
3. Changes to Your Contact Information. It is solely your responsibility to assure that the contact information you have provided to us for the Mobile Banking Service is current and accurate. This includes not only the telephone number and telecommunications carrier for your Mobile Device, but also your name, address, other phone numbers, and your e-mail address. You may contact us about corrections and/or updates by accessing our secure email service (click on the Customer Service Menu when you are logged in to our Online Banking home page on the Internet), by phoning us or by writing to us.
4. WARRANTIES AND DISCLAIMERS.
4.1 YOUR WARRANTY: YOU REPRESENT AND WARRANT TO THE BANK THAT: a) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT AND PERFORM YOUR OBLIGATIONS HEREUNDER AND ALL INFORMATION SUPPLIED BY YOU TO THE BANK IS ACCURATE AND TRUE; b) YOU WILL PROVIDE ALL REASONABLE ASSISTANCE TO THE BANK AND ITS SUBCONTRACTORS IN PROVIDING THE SERVICES SET FORTH HEREIN; c) YOU AND ANY AUTHORIZED USERS WILL ONLY USE THE SERVICE FOR LAWFUL PURPOSES AND IN COMPLIANCE WITH ALL APPLICABLE RULES AND REGULATIONS AND WITH THE BANK'S REASONABLE INSTRUCTIONS, RULES, POLICIES, SPECIFICATIONS, TERMS AND CONDITIONS, AND OPERATING PROCEDURES AND WILL NOT VIOLATE ANY LAW OF ANY COUNTRY OR THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY;
5. Withdrawal of Access/Suspension of Service: The Bank reserves the right to deny, suspend or revoke access to any Mobile Banking Service immediately, in whole or in part, in its sole discretion, without notice, if the Bank believes you and/or your authorized users are in breach of these Terms and Conditions or are otherwise using or accessing the Service inconsistent with these Terms and Conditions. Further, the Bank or its subcontractor shall have the right to suspend Services immediately a) in the event of an emergency or in the event of force majeure, or b) if the Bank determines in its sole discretion that your financial condition of renders your use of the Service no longer advisable.
6.1 Termination: In addition to the denial, suspension, revocation and termination provisions above, the Bank may immediately terminate Mobile Banking or any portion of the Services if the Bank determines that such Service or portion of any Service is in violation of the any other law or regulation, or in its sole discretion and without notice, decides to cease providing this Service. You may terminate the Service with notice to the Bank.
6.2 Obligations upon Termination: Upon the termination of this Agreement for any reason: a) your access to, and use of, the Mobile Banking or the Service will terminate; b) you will return to the Bank any and all the Bank's Services, equipment, software, documentation, Technology or other deliverables provided to you by the Bank, including any copies thereof held by you; and c) each party shall return any and all Confidential Information in its possession to the party that disclosed such Confidential Information or destroy same, and, upon request, provide written verification of same. Notwithstanding the foregoing, the Bank's obligations with respect to subsection c) shall be subject to the Bank's record retention policies and applicable laws and regulations. The provisions of sections 1, 6, 7, and 8 of these General Terms shall survive termination of this Agreement.
7.1 The Bank's Confidential Information: You acknowledge that the Technology and Services contain valuable trade secrets, which are the sole property of the Bank or its subcontractors and you agree to hold a) such trade secrets and b) any and all other information designated by the Bank as confidential (collectively, with the trade secrets, the "Confidential Information") in strict confidence and disclose only to those agents whose duties reasonably require access to same, provided that all such agents are informed of such use or disclosure restrictions as set forth herein and agree to same. You will take no less than all reasonable steps to prevent the unauthorized use, disclosure, duplication or access to the Confidential Information. You agree to notify the Bank promptly upon learning of any unauthorized disclosure or use of any Confidential Information.
7.2 Unauthorized Use: You acknowledge that the unauthorized use, disclosure or duplication of any Confidential Information shall constitute a material breach of this Agreement and is likely to cause irreparable injury to the Bank, for which there is no adequate remedy at law. Accordingly, you hereby agree that the Bank may seek injunctive relief against you to prevent or remedy any breach of your confidentiality obligations described herein. You agree to indemnify the Bank and hold it harmless from and against any and all losses, liabilities, claims, damages and expenses (including reasonable legal fees and expenses) arising from or relating to the disclosure of any Confidential Information or the failure to keep the Technology secure. You understands and agrees that the use of the Technology and Services is confidential and agrees to assume all risks of accidental disclosure, inadvertent use or unauthorized use by any party whatsoever, whether or not such disclosure or use is on account of your negligence.
8. Intellectual Property Ownership. This Agreement does not transfer to you any ownership or proprietary rights in the Technology or any work or any part thereof, and all right, title and interest in and to the Technology will remain solely with the Bank and/or its subcontractors.
END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP
To be Agreed to by End User Prior to Use of the Downloadable App
1. Ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider ("Licensor") is the owner of all right, title and interest in and to the downloaded software to be used for access to mobile banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the "Software").
2. License. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
3. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
4. Disclaimer Warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
5. Limitations of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR , THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
6.U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
7. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of California excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
8. Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.
USER MOBILE BANKING SECURITY RESPONSIBILITIES
Ensure the Mobile Device is updated with the latest system software provided by the mobile carrier or device manufacturer;
Install mobile security software (such as anti-virus and firewall) from a reputable software publisher;
Do not store sensitive personal or bank account information on the Mobile Device;
Do not modify the Mobile Device to bypass security features or replace the system software;
Avoid using public Wi-Fi connections for mobile banking;
Avoid using Mobile Device as a Wi-Fi hot spot;
If the Mobile Device is lost or stolen, contact the Bank to have your Online Banking credentials changed.
ZELLE NETWORK ADDENDUM TO MOBILE TERMS AND CONDITIONS
Effective as of February, 2020
This Addendum ("Addendum") in conjunction with the Mobile Banking Terms and Conditions ("Terms and Conditions") and the Online Banking and Bill Payment Agreement ("Agreement") outlines the terms and conditions governing your use of the Zelle Network ("Zelle"). As used herein, the terms "us," "we," or "our" mean [Town Bank, N.A.] or any affiliate, agent, independent contractor, designee, or assignee that we may, at our sole discretion, involve in the provision of the Service; "you" or "your" means (1) an individual or entity that is the owner of an account or (2) an authorized signer on an account who has authority to view account information and effect transactions on such account. If we make any changes to this Addendum, the Terms and Conditions and/or the Agreement, we will update the website and will notify you of the changes as outlined in the Agreement. In the event of any inconsistency between the Agreement and this Addendum, this Addendum will control.
Except as outlined in this Addendum, terms defined in the Agreement have the same meaning as in this Addendum.
1. Description of Services
a. We have partnered with the Zelle Network ("Zelle") to enable a convenient way to transfer money between you and others who are enrolled directly with Zelle or enrolled with another financial institution that partners with Zelle (each, a "User") using aliases, such as email addresses or mobile phone numbers (the "Service"). We will refer to financial institutions that have partnered with Zelle as &"Network Banks."
b. Zelle provides no deposit account or other financial services. Zelle neither transfers nor moves money. You may not establish a financial account with Zelle of any kind. All money will be transmitted by a Network Bank.
. Subject to the terms of this Addendum, the Service is generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond our or Zelle's control, including but not limited to, cellular service availability. Live customer service generally will be available Monday through Friday, excluding federal holidays.
2. General Terms and Conditions
When you register to use the Service or when you permit others to whom you have delegated to act on your behalf to use or access the Service, you agree to the terms and conditions of this Addendum. You represent that you have the authority to authorize debits and credits to the registered bank account. You represent and warrant to us that:
All transactions you initiate are for your own account, and not on behalf of someone else
You are not receiving any fee or compensation from any other person in exchange for initiating a transaction
You are authorized by the receiving User to make funds transfer to the User's account at the User's financial institution
You further agree that you will not use the Service to request, send or receive money for:
Payments made pursuant to court orders (including court-ordered amounts for alimony or child support)
Payments to loan sharks
Payments on behalf of a third party
International ACH payments
Payments otherwise prohibited by law
We may at any time decline a transaction that we believe may violate applicable law.
We reserve the right to change this Addendum, the Terms and Conditions and/or the Agreement at any time without prior notice to you. In the event that any changes are made, the revised Addendum, the Terms and Conditions and/or the Agreement shall be posted on our website and transmitted to you via the email address or mobile number you have provided. Your continued use of the Service after we have made any changes will be your consent to the changes.
a. The Service is available to you on eligible consumer checking accounts. In order to request, send or receive money, one or more of your eligible consumer checking accounts must be designated as a Pay From Account, an eligible consumer checking account to serve as the funding account for the Service and/or a Pay To Account, an eligible consumer checking account to serve as the receiving account for the Service. The Pay From Account and the Pay To Account may be the same account. You may change the designated account at any time subject to the terms of this Addendum. Account eligibility rules may differ if you are enrolling in Zelle through another Network Bank or on Zelle's separate transfer service website or mobile app. In order to receive funds transfers into your Pay To Account, that account must be in good standing. In order to transfer funds out of your Pay From Account to another individual or business, your account must have a sufficient available balance at the time the transfer is completed. Account eligibility will be determined at our sole discretion. In addition, we may restrict categories of recipients to whom payments may be made using the Service.
b. Business or commercial deposit accounts are not eligible for this Service.
c. (c) In the event your Pay From Account and/or Pay To Account becomes inactive or is closed either by you or by us, we may without notice to you designate another eligible and active consumer checking account as your primary Pay From Account or Pay To Account.
We may share information about your account or the funds being sent or received with Zelle and other Network Banks for the purpose of processing transactions in accordance with our customary processes and procedures:
As necessary to complete transactions
As necessary to provide additional and supporting services to facilitate your transactions and your use of the Service
As necessary in connection with the investigation of any claim related to your account or the funds you send or receive
As necessary to comply with any government agency or court order
In accordance with your written direction
5. Registering for the Service
You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent mobile phone number that you intend to use for an extended period of time (i.e., no "burner" numbers).
Once registered, you may:
i. authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and
ii. receive money from another User either at that User's initiation or at your request, subject to the conditions of the Section below titled "Requesting Money."
If at any time while you are enrolled, you do not send or receive money using the Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the U.S. mobile phone number or email address that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the mobile phone number or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Service until you enroll again.
6. Consent to Emails and Automated Text Messages
By participating as a User, you represent that you are the owner of the email address, mobile phone number, and/or other alias you registered, or that you have the delegated legal authority to act on behalf of the owner of such email address, mobile phone number and/or other alias to send or receive money as described in this [Agreement]. You consent to the receipt of emails or text messages from us, from Zelle, from other Users that are sending you money or requesting money from you, and from other Network Banks or their agents regarding the Services or related transfers between Network Banks and you. You agree that we may, Zelle may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you register. You further acknowledge and agree:
a. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.
b. You will immediately notify us if any email address or mobile phone number you have registered is (i) surrendered by you, or (ii) changed by you.
c. In the case of any messages that you may send through either us or Zelle or that we may send or Zelle may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle sends on your behalf may include your name.
To cancel text messaging from us, send STOP to 20736. For help or information regarding text messaging, send HELP to 20736 or contact our customer service. You expressly consent to receipt of a text message to confirm your "STOP" request.
Each time you send money using the Service, you are authorizing either us or Zelle to send emails or text messages to the recipient concerning the transaction. You acknowledge and agree that these emails or text messages are sent on your behalf. In the case of any messages that you may send through either us or Zelle or that we or Zelle may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we or that Zelle sends on your behalf may include your name, email address and/or mobile phone number.
Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle, including messages that you may send through us or through Zelle or that we may send or Zelle may send on your behalf.
We will not be liable for losses or damages arising from any disclosure of account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in the messages sent through us or Zelle.
You understand and agree that these services may not be encrypted and may include personal or confidential information about you such as your account activity or status. Delivery and receipt of information, including instructions for payment, transfer and other move money transactions, through the Mobile Services may be delayed or impacted by factor(s) pertaining to your Internet service provider(s), phone carriers, other parties, or because of other reasons outside of our control. We will not be liable for losses or damages arising from any disclosure of account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, information and instructions sent through the Mobile Services. Additionally, not all of the products, services or functionality described on the Site(s) and the Agreement are available when you use the Mobile Services. Therefore, you may not be eligible to use all the products, services or functionality described when you access or try to access them using a mobile device. We reserve the right to determine your eligibility for any product, service, or functionality. Information available via the Mobile Services, including balance, transfer and payment information, may differ from the information that is available directly through the .communityBanking online services and Site(s) without the use of a mobile device. Information available directly through the .communityBanking online services and Site(s) without the use of a mobile device may not be available via the Mobile Services, may be described using different terminology (including capitalized terms used in the Agreement or on our Site(s), or may be more current than the information available via the Mobile Services, including but not limited to account balance information. The method of entering instructions via the Mobile Services may also differ from the method of entering instructions directly through the Service without the use of a mobile device. Processing of payment and transfer instructions may take longer through the Mobile Services. We are not responsible for such differences, whether or not attributable to your use of the Mobile Services. Additionally, you agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon. You are responsible for any and all charges, including, but not limited to, fees associated with text messaging, data, or other message services imposed by your communications service provider, including, without limitation, for short message service. We are not responsible for any damages resulting from your failure to comply with any terms and conditions provided by your communication service provider or any app store.
7. Receiving Money
By you registering for the Service, you are authorizing other Users to send funds to you and you are authorizing us to accept on your behalf all funds sent to you through the Service.
Once a User initiates a transfer of money to your email address or mobile phone number registered with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to initiate credit entries to the bank account you have registered.
Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Banks, we may need or Zelle may need additional time to verify your identity or the identity of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (i.e. email, push notification).
If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this Addendum and the procedures of the business or government agency that is sending you the payment.
You agree that we may hold funds received on your behalf for a reasonable amount of time if we cannot identify an eligible Pay To Account. We may return all or part of the transaction at any time and at our sole discretion if:
We cannot determine that you are the intended recipient of the transaction
You did not register with the Service the specific email address or mobile phone number the sending User has provided
We have reason to believe that completing the transaction would violate applicable law or regulation
The User sending the funds has exceeded sending limits established by the User's financial institution
The Network Bank, sending User or the owner of the Pay From Account has notified us that the transaction was fraudulent or unauthorized
You do not identify a Pay To Account within a reasonable amount of time, up to 14 days, after notices have been sent to you
In the event that we credit your Pay To Account in accordance with this Addendum and the transaction is later reversed for any reason, you agree to be responsible for the full amount of the transaction and any fees or costs associated with the reversal. We will not be responsible for resolving any disputes between you and the sending User regarding the transaction. In addition, we will not be liable for any losses or damages incurred by you for any transactions that have been reversed.
8. Sending Money
You may send money to another User at your initiation or in response to that User's request for money. You understand that use of this Service by you shall at all times be subject to (i) this Addendum, and (ii) your express authorization at the time of the transaction for us or another Network Bank to initiate a debit entry to your bank account. You understand that when you send the payment, you will have no ability to stop it. Funds will not be withdrawn from your Pay From Account until the transaction has been accepted.
In most cases, when you are sending money, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Banks, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not registered as a User with either Zelle or a Network Bank, the transfer may take up to two (2) days from the day the intended recipient responds to the payment notification by registering as a User. You understand and acknowledge that a person to whom you are sending money and who is not registered as a User may fail to register with Zelle, or otherwise ignore the payment notification, and the transfer may not occur.
The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e. email, push notification).
You acknowledge that any transfers originated by you to another User will be completed using only the email address or mobile phone number entered by you even if the information identifies a person different than the intended User. In the event inaccurate information is entered by you and the transfer is completed to a person different than the intended User, you will still be liable for the transaction.
We have no control over the actions of other Users, other Network Banks or other financial institutions that could delay or prevent your money from being delivered to the intended User.
All transfers of funds are subject to the rules and regulations governing your Pay From Account. You agree that transfers of funds to a User's account which is not held at a Network Bank will also be governed by the NACHA Operating Rules and any applicable card network rules (i.e. Visa or Mastercard).
9. Transaction Limits for Sending Money
There are limits to the dollar amount of transactions that may be made using Zelle. Transaction originated from your account may not exceed $2,000.00 per transaction with a maximum of $2,000.00 per day. We reserve the right to change the transaction limits at any time. All transfer limits are subject to temporary reductions protect your account.
10. Requesting Money
You may send a request for money from another User through the Service using the other person's email address or mobile phone number. In the event the other User is registered with us, the Service or a Network Bank, the request will be sent via email along with an invitation to join the Service. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle guarantee that you will receive money from other Users by sending a payment request. If a User ignores your request, we may decide or Zelle may decide, in our sole discretion, that we will not send a reminder or repeat request to that User. We are not required to inform you as to the status of your request to the other User.
In the event that you have been notified that the other User does not wish to receive a request for money from you or the other User disputes the obligation for which the request has been made you agree to not make or repeat any payment requests.
You warrant and represent, that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order.
You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by us or by Zelle. Neither we nor Zelle assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money.
We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.
11. Receiving a Request for Money
Another User may send a request for money to you through the Service using your email address or mobile phone number. In the event you are not registered with us, the Service or a Network Bank you will receive the request via email along with an invitation to join the service. You have no obligation to respond to the request. You authorize us to deliver all requests made by other Users that we reasonably believe are intended for you. You agree and understand that we:
Have no control over the frequency, content, or purpose of requests that may be sent to you by other Users
Make no representation or warranties concerning the legitimacy or accuracy of any request you receive
Do no guarantee that you will receive requests addressed or intended for you through the Service
May not be able to prevent or block requests from being sent to you, unless you terminate your enrollment in the Service
12. Electronic Fund Transfer Act
Notwithstanding anything contained herein, this section is established and governed by Regulation E which implements the Electronic Fund Transfer Act and applies only to electronic fund transfers (EFTs) that debit or credit your consumer checking account.
13. Transaction Errors
In case of errors or questions about your electronic fund transfers, call us at: (800) 433-3076 or write to 850 West North Shore Drive Hartland, WI 53029. Notification should be made as soon as possible if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. You must contact the Bank no later than 60 days after we sent you the first statement on which the problem or error appears. You must be prepared to provide the following information:
Your name and account number.
A description of the error or transaction you are unsure about along with an explanation as to why you believe it is an error or why you need more information.
The dollar amount of the suspected error
If you provide oral notice, you may be required to send in your complaint or question in writing within ten (10) business days.We will determine whether an error occurred within ten (10) business days (twenty (20) business days for new accounts) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (ninety (90) days for new accounts and foreign initiated or Point of Sale transfers) to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days (twenty (20) business days for new accounts) for the amount which you think is in error, so that you will have the use of the money during the time it takes to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. The extended time periods for new accounts apply to all electronic fund transfers that occur within the first thirty (30) days after the first deposit to the account is made, including those for foreign initiated or Point of Sale transactions.We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
14. Your Liability for Unauthorized Transfers
You understand and acknowledge that you are responsible for notifying us if you believe that your Online Banking password has been lost or stolen or if you believe that a transfer has been made using the information from your check without your permission:
Call us at: (800) 433-3076
Or Write to: 850 West North Shore Drive Hartland, WI 53029
Tell us AT ONCE if you believe that your Online Banking password has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. If you tell us within two (2) business days after you learn of the loss or theft of your Online Banking password you can lose no more than fifty dollars ($50) if someone used your Online Banking password to initiate electronic fund transfer(s) without your permission. If you do not tell us within two (2) business days after you learn of the loss or theft of your Online Banking password and we can prove we could have stopped someone from using your account without your permission if you had given us notice, you can lose as much as five hundred dollars ($500.00).If your periodic statement shows transfers you did not make, tell us AT ONCE. If you do not tell us within sixty (60) days after the statement was transmitted to you, you may not receive back any money you lost after the sixty (60) days, and therefore, you could lose all the money in your account (plus your maximum overdraft line of credit if applicable), if we can prove that we could have stopped someone from taking the money had you given us notice in time. If a good reason (such as a long trip or hospital stay) keeps you from giving the notice, we will extend the time periods.
15. Liability for Failure to Complete Transfers
If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages as provided by law. However, there are some exceptions. We will NOT be liable, for instance:
If through no fault of ours, you do not have enough money in your account to make the transfer.
If the transfer would result in your exceeding the credit limit on your line of credit, if you have one.
If the electronic terminal was not working properly and you knew about the breakdown before you started the transfer.
If circumstances beyond our control (such as fire or flood, computer or machine breakdown, or failure or interruption of communications facilities) prevent the transfer, despite reasonable precautions we have taken.
If we have terminated our Agreement with you.
When we have reason to believe that something is wrong with a transaction.
If we receive inaccurate or incomplete information needed to complete a transaction.
In the case of preauthorized transfers, we will not be liable where there is a breakdown of the system which would normally handle the transfer.
If the funds in the account are subject to legal action preventing a transfer to or from your account.
There may be other exceptions provided by applicable law.
Neither we nor Zelle shall have liability to you for any such transfers of money, including without limitation, (i) any failure, through no fault of ours or Zelle to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Service.
16. Our Limitations of Liabilities
You agree that notwithstanding any other provision of this Addendum, we will not be liable for any costs, fees, losses or damages of any kind incurred by you as a result of:
Our access to your accounts
Our inability to debit or credit your accounts in accordance with the transaction
Any inaccuracy, incompleteness or misinformation provided by you
Any charges imposed or actions taken by a Network Bank
Any transfer limitations established by a Network Bank
Liability from the receipt or non-receipt of third-party notifications sent to another User's email address or mobile phone number that your provided to us
YOU AGREE THAT YOU, NOT WE OR ZELLE, ARE RESPONSIBLE FOR RESOLVING ANY PAYMENT OR OTHER DISPUTES THAT YOU HAVE WITH ANY OTHER USER WITH WHOM YOU SEND MONEY TO, OR RECEIVE OR REQUEST MONEY FROM, USING THE SERVICE.
We currently do not charge any fees to use this Service. However text messaging and data rate from your mobile carrier may apply. If you use the Service from another Network Bank or through Zelle's separate transfer service website or mobile app additional fees may apply.
Changes may occur in the future and we reserve the right to charge fees to use this Service. Any changes to this Addendum will be communicated to you and notice will be given in accordance with applicable law.
18. Use of Our Site
You agree to access this Site in compliance with our Mobile Terms and Conditions
19. Cancellation or Revocation of the Service
You have the right to cancel the Service at any time. By canceling the Service, any pending, repeating and future dated transactions will be terminated, however any in process transactions cannot be terminated or cancelled by you. If you cancel this Service it will not cancel your other Mobile Services with us.
In addition, we reserve the right to deny, suspend or revoke access to the Service immediately, in whole or in part, in our sole discretion, without notice, if we believe you and/or your authorized users are in breach of this Addendum or are otherwise using or accessing the Service inconsistent with this Addendum. Further, we or our subcontractor shall have the right to suspend Services immediately a) in the event of an emergency or in the event of force majeure, or b) if we determine in our sole discretion that your financial condition of renders your use of the Service no longer advisable.
20. Termination of Access
In addition to the Cancellation or Revocation of the Service above, we may immediately terminate Mobile Banking or any portion of the Services if we determines that such Service or portion of any Service is in violation of the any other law or regulation, or in its sole discretion and without notice, decides to cease providing this Service. You may terminate the Service with notice to us.
Obligations upon Termination: Upon the termination for any reason: a) your access to, and use of, the Mobile Banking or the Service will terminate; b) you will return to us any and all the Bank's Services, equipment, software, documentation, Technology or other deliverables provided to you by us, including any copies thereof held by you; and c) each party shall return any and all Confidential Information in its possession to the party that disclosed such Confidential Information or destroy same, and, upon request, provide written verification of same. Notwithstanding the foregoing, the Bank's obligations with respect to subsection c) shall be subject to the Bank's record retention policies and applicable laws and regulations. The provisions of sections 1, 6, 14, 21, 22, 23 and 24 of this Addendum shall survive termination.
21. Power of Attorney
For as long as you use the Service, you authorize us to act as a limited power of attorney and appoint us as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place, in any and all capacities, to access the Pay From Account and/or the Pay To Account, complete transactions with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with completing transactions, including verifying the content and authenticity of any transfer for the purposes of security procedures applicable to your Pay From Account and/or Pay To Account as you might do in person. This limited power of attorney will automatically be revoked if you terminate your use of the Service and we have been given notice of such termination. However, any act performed by us in good faith prior to us having knowledge of such termination and have reasonable time to act on such knowledge shall be considered authorized by you. This limited power of attorney will not be affected by your subsequent incapacity.
You agree that your relationship with each User to which you send money to or receive money from is independent of us and your use of the Service. We will not be responsible for any acts or omissions by these parties.
You acknowledge that when we are processing a transfer to or from your accounts, we are acting solely as your agent and not as the agent for or on behalf of any third party. You agree that we, our affiliates, and service providers shall be entitled to rely on the authorization, agency, and power of attorney grated by you in this Addendum.
22. Responsibility for Inaccurate Information
You acknowledge and understand that we rely on the information provided by you and you authorize us to act on any direction which reasonable appears to have been sent by you to submit a funds transfer on your behalf. In addition, the receiving Network Bank will rely on the information provided by you. We are not obligated to confirm or authenticate such direction. You agree to be liable for any losses resulting from any of your errors, duplication, ambiguities, or fraud in the information that you provide. If you provide information that is untrue, inaccurate or incomplete, without limiting other remedies, we reserve the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
23. Zelle's Disclaimer of Warranties
EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, ZELLE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. ZELLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. ZELLE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
24. Limitation of Liability
YOU AGREE THAT YOU, NOT WE OR ZELLE, ARE RESPONSIBLE FOR RESOLVING ANY PAYMENT OR OTHER DISPUTES THAT YOU HAVE WITH ANY OTHER USER WITH WHOM YOU SEND MONEY TO, OR RECEIVE OR REQUEST MONEY FROM, USING THE SERVICE.
EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE, ZELLE, NETWORK BANKS AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO THE SYSTEM, EQUIPMENT, BROWSER AND/OR THE INSTALLATION OR MAINTENENACE THEREOF, ACCESS TO OR USE OF THE SERVICE, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, THE INTERNET, THE SYSTEM, OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE, SOFTWARE, THE INTERNET, OR THE SYSTEM, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK BANKS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
25. Indemnification of Zelle
You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in this Addendum, you agree to indemnify, defend and hold harmless Us, Zelle, and each of their respective owners, directors, officers, agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of the terms of this Addendum.
26. Governing Law; Choice of Law; Severability
If any one or more of the covenants, agreements, provisions or terms of this Agreement shall be held invalid for any reason whatsoever, then such covenants, agreements, provisions or terms shall be deemed severable from the remaining covenants, agreements, provisions or terms of this Agreement and shall in no way affect the validity or enforceability of the other provisions of this Agreement.
The validity, interpretation and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. Any lawsuit or other legal action instituted by any party in connection with this Agreement shall be brought in a federal or state court of appropriate jurisdiction in Chicago, Illinois.