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External Transfer and Send Money with Zelle
®
Payments Services
Terms and Conditions
TERMS OF SERVICE
Part I: GENERAL TERMS FOR EACH SERVICE
1.1. Introduction. This Terms of Service document (hereinafter "Agreement") is a contract between you and TD
BANK, N.A. (hereinafter "we" or "us") in connection with each service that is described in the rest of this
Agreement that applies to services you use from us, as applicable (each, a "Service") offered through our online
banking site or mobile applications (the "Site"). The Agreement consists of these General Terms for Each Service
(referred to as "General Terms"), and each set of Terms that follows after the General Terms that applies to the
specific Service you are using from us. This Agreement applies to your use of the Service and the portion of the
Site through which the Service is offered.
1.2. Service Providers. We are offering you the Service through one or more Service Providers that we have
engaged to render some or all of the Service to you on our behalf. However, notwithstanding that we have
engaged such a Service Provider to render some or all of the Service to you, we are the sole party liable to you
for any payments or transfers conducted using the Service and we are solely responsible to you and any third
party to the extent any liability attaches in connection with the Service. You agree that we have the right under
this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under
this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be
entitled to all the rights and protections that this Agreement provides to us. Service Provider and certain other
capitalized terms are defined in a "Definitions" Section at the end of the General Terms. Other defined terms are
also present at the end of each set of Terms that follow after the General Terms, as applicable.
1.3. Amendments. We may amend this Agreement and any applicable fees and charges for the Service at any time
by posting a revised version on the Site. The revised version will be effective at the time it is posted unless a
delayed effective date is expressly stated in the revision. Any use of the Services after a notice of change or after
the posting of a revised version of this Agreement on the Site will constitute your agreement to such changes and
revised versions. Further, we may, from time to time, revise, update, upgrade or enhance the Services and/or
related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the
right to terminate this Agreement as to all such prior versions of the Service, and/or related applications and
material, and limit access to only the Service’s more recent revisions, updates, upgrades or enhancements.
1.4. Our Relationship with You. We are an independent contractor for all purposes, except that we act as your agent
with respect to the custody of your funds for the Services. We do not have control of, or liability for, any products
or services that are paid for with our Services. We also do not guarantee the identity of any user of the Services
(including but not limited to recipients to whom you send payments).
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1.5. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our
prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this
Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or
delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third
parties.
1.6. Notices to Us Regarding the Service. Except as otherwise stated below, notice to us concerning the Site or the
Services must be sent by postal mail to: TD Bank, N.A., Customer Service Department, Mail Stop NJ5-002-215,
6000 Atrium Way, Mt. Laurel, NJ 08054. We may also be reached at 1-800-493-7562 for questions and other
purposes concerning the Services. We will act on your telephone calls as described below in Section 1.22 of the
General Terms (Errors, Questions, and Complaints), but otherwise, such telephone calls will not constitute legal
notices under this Agreement.
1.7. Notices to You. You agree that we may provide notice to you by posting it on the Site, sending you an in-product
message within the Service, emailing it to an email address that you have provided us, mailing it to any postal
address that you have provided us, or by sending it as a text message to any mobile phone number that you have
provided us, including but not limited to the mobile phone number that you have listed in your Service setup or
customer profile. For example, users of the Services may receive certain notices (such as notices of processed
Payment Instructions, alerts for validation and notices of receipt of payments) as text messages on their mobile
phones. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours
after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later
than three (3) Business Days after it is mailed. You may request a paper copy of any legally required disclosures
and you may terminate your consent to receive required disclosures through electronic communications by
contacting us as described in Section 1.6 of the General Terms above. We reserve the right to charge you a
reasonable fee not to exceed twenty dollars ($20.00) to respond to each such request. We reserve the right to
terminate your use of the Services if you withdraw your consent to receive electronic communications.
1.8. Text Messages, Calls and/or Emails to You. By providing us with a telephone number (including a
wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls from us and our
Service Providers at that number INCLUDING THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE
DIALING SYSTEM ("ATDS"), and/or emails from us for our everyday business purposes (including identity
verification). You acknowledge and agree that such telephone calls include, but are not limited to, live telephone
calls, prerecorded or artificial voice message calls, text messages, and calls made by an ATDS from us or our
affiliates and agents. Please review our Privacy Policy for more information.
1.9. Receipts and Transaction History. You may view your transaction history by logging into the Service and
looking at your transaction history. You agree to review your transactions by this method instead of receiving
receipts or periodic statements by mail. You will continue to receive statements for your deposit accounts, either
electronically (if you sign up for electronic statements) or in paper form.
1.10. Your Privacy. Protecting your privacy is very important to us. Please review our Privacy Policy in order to better
understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
1.11. Privacy of Others. If you receive information about another person through the Service, you agree to keep the
information confidential and only use it in connection with the Service.
1.12. Eligibility. Except as otherwise provided in Section 3.2(a), the Service is offered only to individual residents of
the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the
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Service is not offered to minors. The Service can only be used to access personal accounts that are active, in
good standing and are eligible for ACH transactions and are not available in connection with commercial or
business-purpose accounts. To sign up for the Service, you must have a United States address, United States
telephone number and an active unique email address. For external account to account transfers, a social
security number is also required. Your telephone number must also be unique to you (and cannot be the same as
a telephone number provided by another user of the Services). For any Eligible Statement Savings Account(s)
(including Money Market Accounts), federal regulations permit the depositor to make no more than a combined
total of six (6) transfers or withdrawals that are pre-authorized, automatic, electronic (including computer initiated),
telephonic, or by check, draft, debit card, or similar order payable to third parties in any monthly period. We may
impose a fee, as disclosed on the fee schedule, for each such withdrawal in excess of six (6) that you make in
any monthly period. These fees will be reflected in your monthly statement. In addition, repeated violations will
result in the Account being closed or changed from a savings type Account to a transaction Account. By using the
Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.
1.13. Prohibited Payments. The following types of payments are prohibited through the Service, and we have the
right but not the obligation to monitor for, block, cancel and/or reverse such payments:
a. Payments to or from persons or entities located in prohibited territories (including any territory outside of the
United States); and
b. Payments that violate any law, statute, ordinance or regulation; and
c. Payments that violate the Acceptable Use terms in Section 1.14 of the General Terms below; and
d. Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids,
controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5)
ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under
applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal
activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence,
racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass
or threaten others; (11) goods or services that include any language or images that are bigoted, hateful,
racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise, sell to, or
solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or
privacy, or any other proprietary right under the laws of any jurisdiction; and
e. Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but
not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate
gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and
f. Payments relating to transactions that (1) support pyramid or Ponzi schemes, matrix programs, other "get rich
quick" schemes or multi-level marketing programs, (2) are associated with purchases of real property,
equities, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or
refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or
possession of the item, (4) constitute money-laundering or terrorist financing, (5) are associated with the
following "money service business" activities: the sale of traveler’s checks or money orders, currency dealers
or exchanges (including digital currencies such as bitcoin), or check cashing, or (6) provide credit repair or
debt settlement services; and
g. Tax payments and court ordered payments.
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Except as required by applicable law, in no event shall we or our Service Providers be liable for any claims or
damages resulting from your scheduling of prohibited payments. We encourage you to provide notice to us by
the methods described in Section 1.6 of the General Terms above of any violations of the General Terms or
the Agreement generally.
1.14. Acceptable Use. You agree that you are independently responsible for complying with all applicable laws in all
of your activities related to your use of the Service, regardless of the purpose of the use, and for all
communications you send through the Service. We and our Service Providers have the right but not the obligation
to monitor and remove communications content that we find in our sole discretion to be objectionable in any way.
In addition, you are prohibited from using the Service for communications or activities that: (a) violate any law,
statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a
crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful,
racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right
of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable
or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other
computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or
manual process to monitor or copy the Service or the portion of the Site through which the Service is offered
without our prior written permission; (i) constitute use of any device, software or routine to bypass technology
protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; or (j) may cause us
or our Service Providers to lose any of the services from our internet service providers, payment processors, or
other vendors. We encourage you to provide notice to us by the methods described in Section 1.6 of the General
Terms above of any violations of the General Terms or the Agreement generally.
1.15. Payment Methods and Amounts. There are limits on the amount of money you can send or receive through
our Service. Your individual limits may be adjusted from time-to-time in our sole discretion. All transfer limits are
subject to temporary adjustments to protect the security of Eligible Transaction Accounts and/or the Payment
Network. You may log in to the Site to view your individual transaction limits by clicking on the information icon to
the right of the amount box within either the External Transfer or Send Money with Zelle
®
Service, as applicable.
We or our Service Provider also reserve the right to select the method in which to remit funds on your behalf
through the Service, and in the event that your Eligible Transaction Account is closed or otherwise unavailable to
us the method to return funds to you. These payment methods may include, but may not be limited to, an
electronic debit, a paper check drawn on the account of our Service Provider, or draft check drawn against your
account. TD Bank reserves the right to impose limits on the amount(s) and/or number of transfers (over a period
of time set by us) that you transmit using the Service and to modify such limits from time to time. Please refer to
the table below for details on our general limits:
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External Transfer (account to account to/from other institutions)
Consumer:
Delivery Option Direction Daily Monthly
3 Business Days
Outbound Up to $3,000 Up to $5,000
Inbound Up to $10,000 Up to $20,000
Next Business Day
Outbound Up to $2,500 Up to $4,000
Inbound Up to $7,500 Up to $15,000
Send Money with Zelle
®
(send money to/from other people)
Consumer:
Delivery Option Direction Daily Monthly
Up to 3 Business Days
Outbound Up to $2,500 Up to $10,000
Inbound
(Request Money)
Up to $100,000 Up to $100,000
Within Minutes Outbound Up to $1,000 Up to $5,000
TD Private Client Group:
Up to 3 Business Days Outbound Up to $5,000 Up to $30,000
Within Minutes Outbound Up to $5,000 Up to $30,000
Small Business:
Up to 3 Business Days
Outbound Up to $3,000 Up to $15,000
Inbound
(Request Money)
Up to $100,000 Up to $100,000
Within Minutes Outbound Up to $1,500 Up to $7,500
For External Transfers, there is a $20,000 monthly maximum limit for inbound and outbound transfers
combined. Some inbound transfers can be delivered within minutes, depending on the external financial
institution or brokerage. There are no daily or monthly limits for inbound transfers delivered within minutes, but
external financial institution or brokerage outbound limits will apply. For Consumer Send Money with Zelle
®
payments, there is a $10,000 monthly maximum limit. For TD Private Client Group, there is a $30,000 monthly
maximum limit. In order to be eligible for these limits, you must be actively enrolled with TD Private Client Group
(to qualify, a Customer should have at least $750,000 in liquid assets or $3,000,000 in total net worth, exclusive of
primary residence).
1.16. Your Liability for Unauthorized Transfers. Immediately following your discovery of an unauthorized Payment
Instruction, you shall communicate with customer care for the Service in the manner set forth in Section 1.6 of the
General Terms above. You acknowledge and agree that time is of the essence in such situations. If you tell us
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within two (2) Business Days after you discover your password or other means to access your account through
which you access the Service has been lost or stolen, your liability is no more than $50.00 should someone
access your account without your permission. If you do not tell us within two (2) Business Days after you learn of
such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or
other means to access your account if you had told us, you could be liable for as much as $500.00. If your
monthly financial institution statement contains payments that you did not authorize, you must tell us at once. If
you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred
without your authorization after the sixty (60) days if we can prove that we could have stopped someone from
taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you
from telling us, we will extend the time periods specified above to a reasonable period.
1.17. Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive,
and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not
responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any
taxes arising from any transaction.
1.18. Failed or Returned Payment Instructions. In using the Service, you are requesting that we or our Service
Provider attempt to make payments for you from your Eligible Transaction Account. If the Payment Instruction
cannot be completed for any reason associated with your Eligible Transaction Account (for example, there are
insufficient funds in your Eligible Transaction Account, or the Payment Instruction would exceed the credit or
overdraft protection limit of your Eligible Transaction Account, to cover the payment), the Payment Instruction may
or may not be completed. In certain circumstances, our Service Provider may either advance funds drawn on their
corporate account or via an electronic debit, and in such circumstances will attempt to debit the Eligible
Transaction Account a second time to complete the Payment Instruction. In some instances, you will receive a
return notice from us or our Service Provider. In each such case, you agree that:
a. You will reimburse us or our Service Provider immediately upon demand the amount of the Payment
Instruction if the payment has been delivered but there are insufficient funds in, or insufficient overdraft credits
associated with, your Eligible Transaction Account to allow the debit processing to be completed;
b. You may be assessed a late fee equal to one and a half percent (1.5%) of any unpaid amounts plus costs of
collection by our Service Provider or their third-party contractor if the Payment Instruction cannot be debited
because you have insufficient funds in your Eligible Transaction Account, or the transaction would exceed the
credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment, or if the funds
cannot otherwise be collected from you. The aforesaid amounts will be charged in addition to any NSF
charges that may be assessed by us, as set forth in your fee schedule from us (including as disclosed on the
Site) or your account agreement with us. You hereby authorize us and our Service Provider to deduct all of
these amounts from your designated Eligible Transaction Account, including by ACH debit;
c. We and our Service Provider are authorized to report the facts concerning the return to any credit reporting
agency.
1.19. Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact
information in your user profile is current and accurate. This includes, but is not limited to, name, physical
address, phone numbers and email addresses. Depending on the Service, changes may be able to be made
within the user interface of the Service or by contacting customer care for the Service as set forth in Section 1.6 of
the General Terms above. We are not responsible for any payment processing errors or fees incurred if you do
not provide accurate Eligible Transaction Account, Payment Instructions or contact information.
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1.20. Information Authorization. Your enrollment in the applicable Service may not be fulfilled if we cannot verify
your identity or other necessary information. Through your enrollment in or use of each Service, you agree that
we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In
addition, and in accordance with our Privacy Policy, you agree that we reserve the right to obtain personal
information about you, including without limitation, financial information and transaction history regarding your
Eligible Transaction Account. You further understand and agree that we reserve the right to use personal
information about you for our and our Service Providers’ everyday business purposes, such as to maintain your
ability to access the Service, to authenticate you when you log in, to send you information about the Service, to
perform fraud screening, to verify your identity, to determine your transaction limits, to perform collections, to
comply with laws, regulations, court orders and lawful instructions from government agencies, to protect the
personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to
enforce this Agreement, to protect our rights and property, and to customize, measure, and improve the Service
and the content and layout of the Site. Additionally, we and our Service Providers may use your information for
risk management purposes and may use, store and disclose your information acquired in connection with this
Agreement as permitted by law, including (without limitation) any use to effect, administer or enforce a transaction
or to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. We
and our Service Providers shall have the right to retain such data even after termination or expiration of this
Agreement for risk management, regulatory compliance, or audit reasons, and as permitted by applicable law for
everyday business purposes. In addition, we and our Service Providers may use, store and disclose such
information acquired in connection with the Service in statistical form for pattern recognition, modeling,
enhancement and improvement, system analysis and to analyze the performance of the Service. The following
provisions in this Section apply to certain Services:
a. Mobile Subscriber Information. You authorize your wireless carrier to disclose information about your
account, such as subscriber status, payment method and device details, if available, to support identity
verification, fraud avoidance and other uses in support of transactions for the duration of your business
relationship with us. This information may also be shared with other companies to support your transactions
with us and for identity verification and fraud avoidance purposes.
b. Device Data. We may share certain personal information and device-identifying technical data about you and
your devices with third party service providers, who will compare and add device data and fraud data from
and about you to a database of similar device and fraud information in order to provide fraud management
and prevention services, which include but are not limited to identifying and blocking access to the applicable
service or Web site by devices associated with fraudulent or abusive activity. Such information may be used
by us and our third-party service providers to provide similar fraud management and prevention services for
services or Web sites not provided by us. We will not share with service providers any information that
personally identifies the user of the applicable device.
1.21. Service Termination, Cancellation, or Suspension. If you wish to cancel the Service, you may contact us as
set forth in Section 1.6 of the General Terms above. Any payment(s) that have begun processing before the
requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the
Service at any time and for any reason or no reason. Neither termination, cancellation nor suspension shall affect
your liability or obligations under this Agreement.
1.22. Errors, Questions, and Complaints.
a. In case of errors or questions about your transactions, you should as soon as possible contact us as set forth
in Section 1.6 of the General Terms above.
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b. If you think your periodic statement for your account is incorrect or you need more information about a
transaction listed in the periodic statement for your account, we must hear from you no later than sixty (60)
days after we send you the applicable periodic statement for your account that identifies the error. You must:
1. Tell us your name;
2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it
is an error or why you need more information; and,
3. Tell us the dollar amount of the suspected error.
c. If you tell us orally, we may require that you send your complaint in writing within ten (10) Business Days after
your oral notification. Except as described below, we will tell you the results of our investigation within ten (10)
Business Days after we hear from you and will correct any error promptly. However, if we require more time to
confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to
complete our investigation. If we decide to do this, we will provisionally credit your Eligible Transaction
Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your
complaint or question in writing and we do not receive it within ten (10) Business Days, we may not
provisionally credit your Eligible Transaction Account. If it is determined there was no error, we will mail you a
written explanation within three (3) Business Days after completion of our investigation. You may ask for
copies of documents used in our investigation. We may revoke any provisional credit provided to you if we
find an error did not occur. For errors involving new accounts or point-of-sale transactions, we may take up to
ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20)
Business Days to credit your account for the amount you think is in error.
1.23. Intellectual Property. All other marks and logos related to the Service are either trademarks or registered
trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our
service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of
the above without our prior written consent, which we may withhold in our sole discretion, and you may not use
them in a manner that is disparaging to us or the Service or display them in any manner that implies our
sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which
the Service is offered, the technology related to the Site and Service, and any and all technology and any content
created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any
suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the
Site or Service shall be considered an uncompensated contribution of intellectual property to us and our licensors,
shall also be deemed our and our licensors’ exclusive intellectual property, and shall not be subject to any
obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or
warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free,
irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform
and display, create derivative works from and distribute such materials or incorporate such materials into any
form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in
those materials have been waived, and you warrant that you have the right to make these warranties and
transfers of rights.
1.24. Links and Frames. Links to other sites may be provided on the portion of the Site through which the Services
are offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending
such sites or the materials disseminated by or services provided by them, and are not responsible for the
materials, services or other situations at or related to or from any other site, and make no representations
concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held
responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites
listed in any search results or otherwise linked to the Site. For example, if you "click" on a banner advertisement
or a search result, your "click" may take you off the Site. This may include links from advertisers, sponsors, and
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content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their
own cookies to users, collect data, solicit personal information, or contain information that you may find
inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control.
You may link to the home page of our Site. However, you may not link to other pages of our Site without our
express written permission. You also may not "frame" material on our Site without our express written permission.
We reserve the right to disable links from any third-party sites to the Site.
1.25. Password and Security. If you are issued or create any password or other credentials to access the Service or
the portion of the Site through which the Service is offered, you agree not to give or make available your
password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by
anyone to whom you have provided such credentials. Sharing your password or credentials with anyone may
result in losses to you. If you believe that your credentials have been lost or stolen or that someone may attempt
to use them to access the Site or Service without your consent, you must inform us at once at the telephone
number provided in Section 1.6 of the General Terms above. See also Section 1.16 of the General Terms above
regarding how the timeliness of your notice impacts your liability for unauthorized transfers.
1.26. Remedies. If we have reason to believe that you have engaged in any of the prohibited or unauthorized
activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may
terminate, suspend or limit your access to or use of the Site or the Service; notify law enforcement, regulatory
authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in
the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to
terminate this Agreement, access to the Site and/or use of the Service for any reason or no reason and at any
time. The remedies contained in this Section 1.26 of the General Terms are cumulative and are in addition to the
other rights and remedies available to us under this Agreement, by law or otherwise.
1.27. Disputes. In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to
this Agreement.
1.28. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total
amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve
the dispute in a cost-effective manner through binding non-appearance-based arbitration. If a party elects
arbitration, that party will initiate such arbitration through Judicial Arbitration and Mediation Services
("JAMS"), the American Arbitration Association ("AAA"), or an established alternative dispute resolution
(ADR) administrator mutually agreed upon by the parties. The parties agree that the following rules shall
apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written
submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any
personal appearance by the parties, their representatives or witnesses unless otherwise mutually agreed
by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within
ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must
render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final
and binding upon the parties and may be submitted to any court of competent jurisdiction for
confirmation. The parties acknowledge that remedies available under federal, state and local laws remain
available through arbitration. NO CLASS ACTION, OTHER REPRESENTATIVE ACTION, OR PRIVATE
ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF
ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION. You acknowledge and agree that for any
claims or disputes you assert against Zelle
®
and Early Warning Services, LLC, Zelle
®
and Early Warning
Services, LLC are entitled to enforce this provision against you.
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1.29. Law and Forum for Disputes. Unless our account agreement with you states otherwise, this Agreement shall
be governed by and construed in accordance with the laws of the State in which you reside, without regard to its
conflicts of laws provisions. TO THE EXTENT THAT THE TERMS OF THIS AGREEMENT CONFLICT WITH
APPLICABLE STATE OR FEDERAL LAW, SUCH STATE OR FEDERAL LAW SHALL REPLACE SUCH
CONFLICTING TERMS ONLY TO THE EXTENT REQUIRED BY LAW. Unless expressly stated otherwise, all
other terms of this Agreement shall remain in full force and effect. Unless our account agreement with you states
otherwise, you agree that any claim or dispute you may have against us (other than those which are arbitrated
under Section 1.28 of the General Terms above) must be resolved by a court located in the county in which you
reside. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all claims or
disputes unless said claim is submitted to arbitration under Section 1.28 of the General Terms of this Agreement.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this
Agreement. TO THE EXTENT ALLOWED BY APPLICABLE LAW, BOTH PARTIES AGREE TO WAIVE ANY
RIGHT TO HAVE A JURY PARTICIPATE IN THE RESOLUTION OF ANY DISPUTE OR CLAIM BETWEEN THE
PARTIES OR ANY OF THEIR RESPECTIVE AFFILIATES ARISING UNDER THIS AGREEMENT.
1.30. Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers
and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand
(including attorney’s fees) made or incurred by any third party due to or arising out of your breach of this
Agreement and/or your use of the Site or the applicable Service.
1.31. Release. You release us and our Affiliates and Service Providers and the employees and contractors of each of
these, from any and all claims, demands and damages (actual and consequential) of every kind and nature
arising out of or in any way connected with any dispute that may arise between you or one or more other users of
the Site or the applicable Service. In addition, if applicable to you, you waive California Civil Code §1542, which
states that a general release does not extend to claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if not known by him must have materially affected his settlement
with the debtor.
1.32. No Waiver. We shall not be deemed to have waived any rights or remedies hereunder unless such waiver is in
writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any
rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver
on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
1.33. Exclusions of Warranties. THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS,
UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR
SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES
DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING
DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND
YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
1.34. Limitation of Liability. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE
ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND
CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH
WHICH THE SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE
SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE
AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT
Page 11 of 29 April 2023
NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE,
WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS INTERNET
DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE
PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM
ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY,
INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR
SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING
LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN
ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF
THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY
FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR
AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE
LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE
THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT
FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 1.28 AND 1.29 OF THE
GENERAL TERMS ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE
CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING
FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR
AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE
PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD
PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE
LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED
DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
1.35. Relation to Other Agreements, Severability, Captions, and Survival. The terms of this Agreement are in
addition to other agreements you have with us, including but not limited to, deposit account agreements and
online banking account agreements that governs the Eligible Transaction Accounts enrolled in the Service(s). If
any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. The captions of Sections in this Agreement are for convenience only and
shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 1.2,
1.5-1.7, 1.11, 1.17, 1.18, 1.23, and 1.26-1.35 of the General Terms, as well as any other terms which by their
nature should survive, will survive the termination of this Agreement. If there is a conflict between the terms of this
Agreement, any applicable Eligible Transaction Account agreements,), the terms of the Eligible Transaction
Account agreement will prevail, unless otherwise stated herein.
1.36. Definitions.
a. "ACH Network" means the funds transfer system, governed by the NACHA Rules, that provides funds transfer
services to participating financial institutions.
b. "Affiliates" are companies related by common ownership or control.
c. "Business Day" is every Monday through Friday, excluding Federal Reserve holidays or other days that banks
are legally closed.
d. "Eligible Transaction Account" is a transaction account from which your payments will be debited, your
Service fees, if any, will be automatically debited, or to which payments and credits to you will be credited,
Page 12 of 29 April 2023
that is eligible for the Service. Depending on the Service, an Eligible Transaction Account may include a
checking, money market or other direct deposit account, credit card account, or debit card account, including
any required routing information.
e. "Payment Instruction" is the information provided for a payment to be made under the applicable Service,
which may be further defined and described below in connection with a specific Service.
f. "Payment Network" means a debit or credit network (such as the ACH Network or ACCEL / Exchange
payment network) through which funds may be transferred.
g. "Service Provider" means companies that we have engaged (and their Affiliates) to render some or all of the
Service to you on our behalf.
Page 13 of 29 April 2023
Part II: EXTERNAL TRANSFER (ACCOUNT TO ACCOUNT TRANSFERS) SERVICE
2.1 Description of Account to Account Transfer Service. The term “Transfer Money Terms” means these Account
to Account Transfers Additional Terms. The Account to Account transfer service (the “Account to Account
Transfer Service”) enables you to transfer funds between your Account(s) that you maintain with us on the one
hand, and your Account(s) that are maintained by other financial institutions, on the other hand.
a. “Small Business Transfers Service” means functionality, to the extent made available by us, that
enables a Business to transfer funds between Account(s) that the Business maintains with us on the
one hand, and Account(s) that the Business maintains with other financial institutions, on the other
hand. Businesses accessing the Account to Account Transfer Service shall be classified as Small
Business Transfers Service users. The Small Business Transfers Service is included in the definition
of “Account to Account Transfer Service”.
b. “Instant Transfers” means functionality, to the extent made available by us, that uses Payment
Networks designed to transfer funds on the same day or sooner between your Account(s) that you
maintain with us on the one hand, and your Account(s) that are maintained by other financial
institutions, on the other hand. Instant Transfers are only available for financial institutions and
applicable Accounts that enabled to send and receive such Instant Transfers. Not all financial
institutions and/or Accounts are available to participate in Instant Transfers. Instant Transfers are not
instantaneous. Payment delivery speed may vary based upon the funds availability policy of each
financial institution, Payment Network availability, or other factors. Instant Transfers are included in
the definition of “Account to Account Transfer Service”.
2.2 Definitions.
The definitions in Section 1.36 above apply to this Section 2 of this Agreement, except as expressly modified
below. In addition, additional defined terms are as follows:
a. “Account” means a checking, money market or savings account that is either an Eligible Transaction Account
or External Account, as applicable. For the Small Business Transfers Service, Accounts include business
checking, money market or savings accounts.
b. “Business” means any person or entity other than a Consumer with an Eligible Transaction Account that
utilizes the Account to Account Transfer Service.
c. “Consumer” means a person (not a business or other entity) with an Eligible Transaction Account primarily for
personal, family or household purposes.
d. “Eligible Transaction Account” is as defined in Section 1.36 above, except that it shall be limited to a
checking, money market or savings account that you hold with us.
e. “External Account” is your account at another financial institution (i) to which you are transferring funds from
your Eligible Transaction Account; or (ii) from which you are transferring funds to your Eligible Transaction
Account.
f. “Transfer Instruction” is a specific Payment Instruction (as defined in Section 1.36) that you provide to the
Service for a transfer of funds.
Page 14 of 29 April 2023
2.3 Authorization and Processing.
a. You represent and warrant that you are either the sole owner or a joint owner of the Eligible Transaction
Account and the External Account and that you have all necessary legal right, power and authority to transfer
funds between the Eligible Transaction Account and the External Account. If you are a joint owner of the
Eligible Transaction Account, External Account, or both, then you represent and warrant that (i) you have
been authorized by all of the other joint owners to operate such Accounts without their consent (including
without limitation to withdraw or deposit any amount of funds to such Accounts or to even withdraw all funds
from such Accounts); and (ii) we may act on your instructions regarding such Accounts without liability to such
other joint owners. Further, you represent and warrant that the External Account is located in the United
States.
b. You may initiate (1) a one-time Transfer Instruction for which processing shall be initiated immediately, (2) a
one-time Transfer Instruction for which processing shall be initiated at a later specified date up to one (1)
year, and (3) a recurring series of Transfer Instructions for which processing shall be initiated on the specified
dates. Options (2) and (3) above are not available for Instant Transfers. Further details about each of these
options can be found on the Site. When we receive a Transfer Instruction from you, you authorize us to (i)
debit your Eligible Transaction Account and remit funds on your behalf to the External Account designated by
you and to debit your applicable Account as described below in Section 2.7 (Account to Account Transfer
Service Fees and Additional Charges); or, as applicable, to (ii) credit your Eligible Transaction Account and
remit funds on your behalf from the External Account designated by you and to debit your applicable Account
as described below in Section 2.7 (Account to Account Transfer Service Fees and Additional Charges). You
also authorize us to reverse a transfer from the applicable Account if the debit is returned from the other
Account in the transaction for any reason, including but not limited to nonsufficient funds. Transfers may be
delayed or blocked to prevent fraud or comply with regulatory requirements. If we delay or block a Transfer
Page 15 of 29 April 2023
Instruction that you have initiated, we will notify you in accordance with your user preferences (i.e. email, push
notification).
c. We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are
unable to complete any transfers initiated by you because of the existence of any one or more of the following
circumstances:
1. If, through no fault of ours, the Eligible Transaction Account or External Account does not contain
sufficient funds to complete the transfer or the transfer would exceed the credit limit of your overdraft
account;
2. The Account to Account Transfer Service is not working properly and you know or have been advised by
us about the malfunction before you execute the transaction;
3. The transfer is refused as described in Section 2.8 (Refused Transfers) below;
4. You have not provided us with the correct information, including but not limited to the correct Eligible
Transaction Account or External Account information; and/or,
5. Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time,
issues with the financial institution(s), or interference from an outside force) prevent the proper execution
of the transfer and we have taken reasonable precautions to avoid those circumstances.
d. It is your responsibility to ensure the accuracy of any information that you enter into the Account to Account
Transfer Service, and for informing us as soon as possible if you become aware that this information is
inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or
recover a transfer made to the wrong Account once informed, but we do not guarantee such recovery and will
bear no responsibility or liability for damages resulting from incorrect information entered by you.
e. Instant Transfers. The Instant Transfers feature allows for transfers to and from External Accounts that are
enabled through a Payment Network designed to deliver transfers on the same day and potentially within
minutes, although actual speed will vary, as described below. Instant Transfers are not instantaneous.
Delivery speed may vary based upon the fraud, risk and other funds availability policy of the applicable
External Account financial institution and Payment Network availability. We are not responsible for the
performance, speed, or other acts or omissions of the Payment Networks or other financial institutions that
may be involved in the transmission of a transfer. We shall not be obligated to comply with the Automated
Clearinghouse (ACH) Rules in such recovery efforts or otherwise in connection with Instant Transfers unless
the applicable transaction is transmitted through the ACH network. We are only responsible for delivery of the
Page 16 of 29 April 2023
applicable Transfer Instructions to the applicable Payment Network in the format required by the applicable
Payment Network's specifications.
2.4 Transfer Methods and Amounts. Section 1.15 of the General Terms (Payment Methods and Amounts) applies
to the Service, even in circumstances where the External Account is closed and we are attempting to return funds
to such Account.
2.5 Transfer Cancellation Requests. You may cancel a transfer at any time until it begins processing (as shown in
the Account to Account Transfer Service). Instant Transfers may not be cancelled as the Transfer Instructions will
be processed immediately.
2.6 Stop Transfer Requests. If you desire to stop any transfer that has already been processed, you must contact
customer care for the Account to Account Transfer Service pursuant to Section 1.26 (Errors, Questions, and
Complaints) of the General Terms. Although we will make a reasonable effort to accommodate your request, we
will have no liability for failing to do so. We may also require you to present your request in writing within fourteen
(14) days. The charge for each request will be the current charge for such service as set out in the applicable fee
schedule.
2.7. Account to Account Transfer Service Fees and Additional Charges. You are responsible for paying all fees
associated with your use of the Account to Account Transfer Service. Applicable fees will be disclosed in the user
interface for, or elsewhere within, the Account to Account Transfer Service or Site. Any applicable fees will be
charged regardless of whether the Account to Account Transfer Service was used, except for fees that are
specifically use-based. Use-based fees for the Account to Account Transfer Service will be charged against the
Account that is debited for the funds transfer. There may also be charges for additional transactions and other
optional services. Additional fees may apply for Instant Transfers and Businesses enrolled in the Small Business
Transfers Service. You agree to pay such charges and authorize us to deduct the calculated amount from the
applicable Eligible Transaction Account you hold with us or the Account that is debited for the funds transfer,
depending on how such charges are described in the user interface for the Account to Account Transfer Service.
Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for
any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet
service provider. Section 1.18 (Failed or Returned Payment Instructions) of the General Terms applies if you do
not pay our fees and charges for the Account to Account Transfer Service, including without limitation if we debit
the External Account for such fees, as described in this Section, and there are insufficient fees in the External
Account; Section 1.22 (Failed Or Returned Payment Instructions) should be interpreted as applying to the
External Account, not just the Eligible Transaction Account, in such circumstances.
2.8. Refused Transfers. We reserve the right to refuse any transfer. As required by applicable law, we will notify you
promptly if we decide to refuse to transfer funds.
2.9. Returned or Failed Transfers. In using the Account to Account Transfer Service, you understand transfers may
be returned or fail for various reasons such as, but not limited to, the External Account number is not valid. We
will use reasonable efforts to research and correct the transfer to the intended Account or void the transfer. We
will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded,
prohibited, failed, or denied transfer to your Account that we debited for the funds transfer or use other reasonable
efforts to return such transfer to you as permitted by law. In certain cases, we may require you to contact us or the
financial institution for your External Account to initiate a request to receive such funds. You may receive
notification from us.
Page 17 of 29 April 2023
2.10. Your Liability for Unauthorized Transfers.
a. Consumer Accounts. For purposes of this Section 2.10, Section 1.16 (Your Liability for Unauthorized
Transfers) of the General Terms applies only to Eligible Transaction Accounts used for personal,
family and household purposes, and shall not apply to the Small Business Transfers Service.
b. Business Accounts. This paragraph applies only to the Small Business Transfers Service. Federal
Regulation E provides certain protections against loss resulting from unauthorized online banking or
mobile banking transfers from your personal account, including bill payments or transfers to other
accounts. These protections do not apply to business purpose Accounts, regardless of account
ownership. Immediately following your discovery of an unauthorized Transfer Instruction, you shall
communicate with customer care for the Small Business Transfers Service in the manner set forth in
Section 1.6 (Notices to Us Regarding the Service) of the General Terms above. You acknowledge
and agree that time is of the essence in such situations. Tell us AT ONCE if you believe your user
identification, password, or other means of accessing the Small Business Transfers Service have
been stolen or used without your permission. You could lose all of the money in your Eligible
Transaction Account, plus any credit available in any available overdraft protection plan. Also, if the
periodic statement for your Eligible Transaction Account shows payments or other Small Business
Transfers Service transactions that you did not make, tell us at once. YOU ARE RESPONSIBLE FOR
ALL TRANSFERS INITIATED USING YOUR USER IDENTIFICATION, PASSWORD, AND OTHER
MEANS OF ACCESSING THE SMALL BUSINESS TRANSFERS SERVICE, REGARDLESS OF
WHETHER YOU AUTHORIZED THEM OR IF THEY EXCEED THE LIMITS THAT YOU IMPOSED
ON YOUR AUTHORIZED USER(S).
Page 18 of 29 April 2023
PART III: ZELLE
®
AND OTHER
PAYMENT SERVICES ADDITIONAL TERMS
3.1 Description of Services.
a. We have partnered with the Zelle Network
®
(“Zelle
®
”) to enable a convenient way to transfer money between
you and other Users using aliases, such as email addresses or mobile phone numbers (“Zelle
®
Payment
Service,” as further described below). 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 Financial Institution. THE ZELLE
®
PAYMENT SERVICE IS
INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT
USE THE ZELLE
®
PAYMENT SERVICE OR OTHER PAYMENT SERVICES TO SEND MONEY TO
RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. The term “Zelle
®
and
Other Payment Terms” means these Zelle
®
and Other Payment Services Additional Terms.
b. In addition to the Zelle
®
Payment Service, we provide other payment services under these Terms of Service.
First, these additional services allow you to send money to people if you provide the Eligible Transaction
Account information and other contact information for the Receiver; such transactions are not sent via Zelle
®
.
Second, outside Zelle
®
, we allow you to establish a one-time payment for a payment recipient for which
processing shall be initiated at a later specified date up to one (1) year. Third, outside Zelle
®
, we enable you
to establish a recurring series of payments to a payment recipient for which processing shall be initiated on
dates you specify. These three payment services and any other payment services that we provide under
these Zelle
®
and Other Payment Terms are referred to as “Other Payment Services” in these Zelle
®
and Other
Payment Terms. Although future-dated payments and recurring payments are outside Zelle
®
, we may
ultimately send those transactions via Zelle
®
when the applicable date of payment arrives, in which case the
applicable payment transaction is part of the Zelle
®
Payment Service, not the Other Payment Services. The
term “Zelle
®
and Other Payment Services” means the Zelle
®
Payment Service and the Other Payment
Services.
c. The Zelle
®
and Other Payment Services enable you: (1) to initiate a Payment Instruction from an Eligible
Transaction Account to an account at a U.S. financial institution; and/or (2) to receive a payment from another
person into an Eligible Transaction Account, in U.S. dollars. All payments must be made through the Site and
are subject to the terms of this Agreement and applicable laws and regulations, in each case as in effect from
time to time. Receipt of payments may be made through the Site and is subject to the terms of this Agreement
and applicable laws and regulations, in each case as in effect from time to time. In some instances, receipt of
payments may be made through other locations besides our Site, such as the Zelle
®
mobile handset
application ("Zelle
®
Standalone Locations") and if you choose to initiate or receive a payment at a Zelle
®
Standalone Location you acknowledge and agree that you shall be subject to the terms of other agreements,
including, but not limited to, the "terms of use" for the Zelle
®
Standalone Locations and applicable laws and
regulations, in each case as in effect from time to time. Subject to the terms of this Agreement, the Zelle
®
and
Other Payment Services are generally available 24 hours, seven days a week with the exception of outages
for maintenance and circumstances beyond our or Zelle
®
’s control. Live customer service generally will be
available Monday through Friday, excluding US financial institution holidays.
d. The Zelle
®
Payment Service allows for the delivery of payments to Receivers who are also enrolled in the
Zelle
®
Payment Service through a Payment Network designed to deliver payments on the same day and
potentially within minutes, although actual speed will vary, as described below. The Zelle
®
and Other Payment
Services are not instantaneous. Payment delivery speed may vary based upon the fraud, risk and other funds
availability policy of each financial institution and Payment Network availability. We are not responsible for
the performance, speed, or other acts or omissions of the Payment Networks that may be involved in the
Page 19 of 29 April 2023
transmission of a payment. We shall not be obligated to comply with the Automated Clearinghouse (ACH)
Rules in such recovery efforts or otherwise in connection with Zelle
®
and Other Payments unless the
applicable transaction is transmitted through the ACH network. We are only responsible for delivery of the
applicable Payment Instructions to the applicable Payment Network in the format required by the applicable
Payment Network’s specifications.
3.2 Payment Authorization and Payment Remittance.
a. Section 1.12 of the General Terms does not apply to the Zelle
®
Payment Service. When you enroll to use the
Zelle
®
Payment Service, you agree to the terms and conditions of this Agreement. You represent that you
have the authority to authorize debits and credits to the enrolled bank account. In addition to the restrictions
set forth in Section 1.13 of the General Terms, you agree that you will not use the Zelle
®
and Other Payment
Services to send money to anyone to whom you are obligated for tax payments, payments made pursuant to
court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks,
gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Zelle
®
and
Other Payment Services to request money from anyone for any such payments. You agree that you will not
authorize a third party to use the Zelle
®
Payment Service or share your credentials with a third party to use
the Zelle
®
Payment Service on your behalf except in legally authorized situations such as legal guardianship
or pursuant to a power of attorney.
If you are a Zelle
®
Small Business User you agree to link your small business Eligible Transaction Account to
your enrolled token(s) for the Zelle
®
Small Business Service, and not your personal Eligible Transaction
Account.
b. This Section 3.2(b) does not apply to the Zelle
®
Small Business Service (to the extent made available by us).
The Zelle
®
and Other Payment Services are intended for personal, not business or commercial use. You
agree that you will not use the Zelle
®
and Other Payment Services to send or receive payments in connection
with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that
you are enrolling to use the Zelle
®
and Other Payment Services with your business account or to receive
business or commercial payments. We further reserve the right to suspend or terminate your use of the Zelle
®
Payment Service if we believe that you are using the Zelle
®
Payment Service for business or commercial
purposes, or for any unlawful purpose.
c. 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 United States mobile phone number that you intend to use for
an extended period of time (i.e., no “burner” numbers). You may not enroll in the Service with a landline
phone number, Google Voice number, or Voice over Internet Protocol. Once enrolled, 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 Payments.” If at any time while you are enrolled, you do not
send or receive money using the Zelle
®
Payment Service for a period of 18 consecutive months, then you
understand that we may cancel your enrollment and you will not be able to send or receive money with the
Zelle
®
Payment Service until you enroll again. Once enrolled, a Z logo will appear on your profile picture for
each U.S. mobile number and/or email address that you have enrolled with Zelle
®
. The Z logo will be
displayed to other Users to aid them in determining which of your U.S mobile numbers or email addresses
should be used to send money with Zelle
®
. If a User sends you money using a different U.S. mobile number
or email address that they may have for you (one that is not already enrolled), you will receive a message
with instructions on how to enroll with Zelle
®
.
Page 20 of 29 April 2023
d. When you enroll with Zelle
®
, you may establish one or more profiles. Each profile may be linked to only one
bank account, but you may enroll multiple email addresses or mobile phone numbers in each profile. Once
you have enrolled an email address or a mobile phone number with a profile, you may not use that same
email address or phone number with any other profile. By providing us with names and mobile telephone
numbers and/or email addresses of Receivers to whom you wish to direct payments, you authorize us to
follow the Payment Instructions that we receive through the Zelle
®
Payment Service. By providing us with
names, bank account information and other contact information for Receivers to whom you wish to direct a
payment via the Other Payment Service, you authorize us to follow the Payment Instructions that we receive
via the Other Payment Services. Once enrolled, you authorize us to credit your Eligible Transaction Account
for payments remitted to you on behalf of a Sender without further approval from you.
e. When we receive a Payment Instruction from you, you authorize us to debit your Eligible Transaction Account
for the amount of any such Payment Instruction plus any related fees in effect (and as disclosed on the Site)
at the time you initiate the Payment Instruction, and to remit funds on your behalf. You acknowledge and
agree that any applicable fees will be charged when we receive a Payment Instruction from you, regardless of
whether the Payment Instruction is ultimately completed. You also authorize us to credit your Eligible
Transaction Account for the receipt of payments, including but not limited to those payments returned to us
from Receivers to whom you sent payment(s) and those payments that were cancelled and returned to you
because the processing of the Payment Instruction could not be completed.
f. You agree that we will not be liable in any way for any payments that you may receive, regardless of whether
you authorized the Sender to send them to you.
g. We will use reasonable efforts to complete all your Payment Instructions properly. However, we shall incur no
liability if we are unable to complete any transaction because of the existence of any one or more of the
following circumstances:
1. If, through no fault of ours, the Eligible Transaction Account does not contain sufficient funds to
complete the Payment Instruction or the Payment Instruction would exceed the credit limit of your
overdraft account;
2. The Zelle
®
and Other Payment Services are not working properly, and you know or have been
advised by us about the malfunction before you execute the Payment Instruction;
3. The payment is refused as described in Section 3.6 of the Zelle
®
and Other Payment Terms below;
4. You have not provided us with the correct information, including but not limited to the correct Payment
Instructions or Eligible Transaction Account information, or the correct name and address or mobile
phone number of the Receiver to whom you are initiating a Payment Instruction; and/or,
5. Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down
time, issues with the financial institution, or interference from an outside force) prevent the proper
execution of the Payment Instruction.
h. It is the responsibility of the Sender and the Receiver to ensure the accuracy of any information that they
enter into the Zelle
®
and Other Payment Services (including but not limited to the Payment Instructions and
name, telephone number and/or email address for the Receiver to whom you are attempting to send a
payment), and for informing us as soon as possible if they become aware that this information is inaccurate.
We will make a reasonable effort to stop or recover a payment made to the wrong person or entity once
informed, but we do not guarantee such stoppage or recovery and will bear no responsibility or liability for
damages resulting from incorrect information entered by the Sender or Receiver.
3.3 Sending Payments.
Page 21 of 29 April 2023
a. 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 the Zelle
®
and Other Payment Services by you shall at all times be subject to (i) this
Agreement, and (ii) your express authorization at the time of the transaction for us or another Network
Financial Institution 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. When a Sender initiates a Payment Instruction, the Receiver is
not required to accept the payment if the Receiver has not enrolled in Zelle
®
. You agree that you as a Sender
will not hold us liable for any damages resulting from a Receiver not enrolling in Zelle
®
. For the Zelle
®
Payment Service, you may only cancel a payment if the person to whom you sent the money has not yet
enrolled in the Zelle
®
Payment Service. As to the Zelle
®
Payment Service, if the person you sent money to
has already enrolled with Zelle
®
, either in the Zelle
®
Standalone Locations or with a Network Financial
Institution, then the money is sent directly to their bank account (except as otherwise provided below) and
may not be canceled or revoked. Cancellation is addressed more generally in Section 3.6 (Payment
Cancellation, Stop Payment Requests and Refused Payments) below. You may initiate a one-time Payment
Instruction to a Receiver for which processing shall be initiated immediately via Zelle
®
. Via the Other
Payment Services, you may also initiate (a) a one-time Payment Instruction to a Receiver for which
processing shall be initiated at a later specified date up to one (1) year, and (b) a recurring series of Payment
Instructions to a Receiver for which processing shall be initiated on the specified dates. Further details about
each of these options can be found on the Site.
b. Payment Instructions initiated to Receivers require you to provide contact information about the Receiver
(including an email address and/or mobile telephone number). If the Receiver does not bank at a Network
Financial Institution and has not yet enrolled in Zelle
®
, then the Zelle
®
Payment Service will contact the
Receiver and request that the Receiver (i) provide information so that the identity of the Receiver may be
validated at a Zelle
®
Standalone Location and then (ii) provide Eligible Transaction Account information in
order to complete the Payment Instruction (a "Two-Step Transfer"). If the Receiver maintains an Eligible
Transaction Account with a Network Financial Institution and has not yet enrolled in Zelle
®
, then the Zelle
®
Payment Service will contact the Receiver regarding enrollment in Zelle
®
and receipt of payment. If the
Receiver has already enrolled in Zelle
®
, then the Receiver will receive a message regarding your payment.
c. Via the Other Payment Services, we also support the sending of money to Receivers if you provide the
Eligible Transaction Account information for the Receiver and other contact information for the Receiver; such
transactions are not sent via Zelle
®
. You acknowledge and agree that if your Payment Instructions identify an
account by name and account number, the relevant financial institution may execute those Payment
Instructions by reference to the account number only, even if such account number does not correspond to
the account name. You further acknowledge and agree that financial institutions holding the account may
choose to not investigate discrepancies between account names and account numbers. We have no
responsibility to investigate discrepancies between account names and account numbers, outside of our
obligations under the law to investigate errors, described above in Section 1.22 of the General Terms (Errors,
Questions, and Complaints).
d. In most cases, when you are sending money to another User using the Zelle
®
Payment Service, 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 Financial Institutions, 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 enrolled as a User with Zelle
®
, either via a Zelle
®
Standalone Location or a Network Financial
Institution, they will receive a text or email notification instructing them on how to enroll to receive the money.
You understand and acknowledge that a person to whom you are sending money and who is not enrolling as
a User may fail to enroll 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
Page 22 of 29 April 2023
accordance with your User preferences (i.e., email, push notification). We have no control over the actions of
other Users, other Network Financial Institutions or other financial institutions that could delay or prevent your
money from being delivered to the intended User.
e. For the Other Payment Services and those Zelle
®
Payment Service payments where the Site indicates
payment will require more than a Business Day, you understand and agree that when you initiate a Payment
Instruction from an Eligible Transaction Account, the processing of the Payment Instruction will begin, and the
debiting of your Eligible Transaction Account will occur as early as the day of such initiation. However, you
and the Receiver should not expect the payment funds to be transferred into the Receivers Eligible
Transaction Account any earlier than the next Business Day after you initiated the Payment Instruction. As
part of the Other Payment Services, if you request a one-time Payment Instruction to be initiated on a
specified date or a recurring series of Payment Instruction to be initiated on specified dates, then the
processing of the Payment Instruction will begin on the specified date and the debiting of your Eligible
Transaction Account will occur as early as the specified date(s). However, you and the Receiver should not
expect the payment funds to be transferred into the Receiver’s Eligible Transaction Account any earlier than
the next Business Day following the specified date. In addition, in the case of all Two-Step Transfers, the
deposit of the payment funds into the Receiver’s Eligible Transaction Account (even if debited or withdrawn
from your Eligible Transaction Account) may be delayed if the Receiver has not enrolled in Zelle
®
. The Site
may contain additional information regarding the delivery of a payment to an Eligible Transaction Account.
f. As to Recipients who have not yet enrolled with Zelle
®
, you acknowledge and agree that we will begin to
process the requested transfer of funds once the Receiver has provided (or we otherwise obtain) all required
information, and you hereby authorize and direct us to retain such funds until the earlier of such time as the
Receiver has provided (or we otherwise obtain) all required information or fourteen (14) days have elapsed.
You further acknowledge and agree that our receipt of money to be transmitted to a Receiver shall not be
deemed to have occurred and our obligation to complete a Payment Instruction shall not begin until such time
as the Receiver provides us with (or we otherwise obtain) all required information necessary to process the
related Payment Instruction in accordance with this Agreement.
3.4 Receiving Payments.
a. All transfers of money to you shall be performed by a Network Financial Institution per the direction of that
Network Financial Institution customer and at all times subject to the terms and conditions of the relevant
service agreement between that Network Financial Institution and its customer, including without limitation
any restrictions or prohibitions on permissible transactions. Once a User initiates a transfer of money to your
email address, mobile phone number, or Zelle
®
tag enrolled with the Zelle
®
Payment Service, you have no
ability to stop the transfer. Other Payment Service payments may be cancelled by the Sender as set forth in
Section 3.6 (Payment Cancellation, Stop Payment Requests and Refused Payments) below. By using the
Zelle
®
Payment Service, you agree and authorize us to initiate credit entries to the bank account you have
enrolled. If Ir person wants to initiate a Payment Instruction (including in response to a Zelle
®
Payment
Request, if applicable) using the Zelle
®
Payment Service to an Eligible Transaction Account you hold or, as
applicable, if you as a Requestor want to initiate a Zelle
®
Payment Request, he, she or you can do that from
the Site or from an Eligible Transaction Account at a financial institution that participates in the Zelle
®
Payment Service or at a Zelle
®
Standalone Location. If you are receiving a payment from a business or
government agency, your payment will be delivered in accordance with both this Agreement and the
procedures of the business or government agency that is sending you the payment.
b. For the Zelle
®
Payment Service, 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,
Page 23 of 29 April 2023
us, Zelle
®
and the other Network Financial Institutions, 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). You understand and agree that there may be a delay between the time you are notified of the
pending Payment Instruction and the deposit of the payment funds into your Eligible Transaction Account,
and you may be required to take additional steps to facilitate the deposit of the payment of funds into your
Eligible Transaction Account, such as if we have questions regarding possible fraud in connection with the
payment. You authorize the Sender, the financial institution which holds the ender's Eligible Transaction
Account and us (including through the Site) to send emails to you and text messages to your mobile phone in
connection with the ender's initiation of Payment Instructions to you, and, as a Receiver, you may receive
Zelle
®
Payment Requests, from others through the Zelle
®
Payment Service.
c. You acknowledge and agree that in the event that funds are transferred into your Eligible Transaction Account
as a result of a Payment Instruction and it is determined that such transfer was improper because it was not
authorized by the sender, because there were not sufficient funds in the ender's account, or for any other
reason, then you hereby authorize us or our Service Provider to withdraw from your Eligible Transaction
Account an amount equal to the amount of funds improperly transferred to you.
3.5 Requesting Payments. You may request money from another User through a Zelle
®
Payment Request. 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 Zelle
®
Payment
Request, or that you will receive the amount that you request. Neither we nor Zelle
®
accept responsibility if the
other User rejects or ignores your request or sends you an amount that is less than you 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.
In addition to the other restrictions in this Agreement, by accepting this Agreement, you agree that you are not
engaging in the business of debt collection by attempting to use the Zelle
®
Payment 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 indemnify, defend and hold harmless
Zelle
®
, its owners, directors, officers agents and Network Financial Institutions from and against all claims, losses,
expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and
indirect damages), and reasonable attorney's fees, resulting from or arising out of any Zelle
®
Payment Request
that you send that is related to overdue or delinquent amounts. You agree to receive Zelle
®
Payment Requests
from other Users, and to only send Zelle
®
Payment Requests for legitimate and lawful purposes. Zelle
®
Payment
Requests are solely between the Requestor 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 Requestor. We reserve the right, but assume no obligation, to
terminate your ability to send Zelle
®
Payment Requests in general, or to specific recipients, if we deem such
Zelle
®
Payment Requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.
If applicable, if you as a Requestor initiate a Zelle
®
Payment Request using the Zelle
®
Payment Service, you
acknowledge and agree that as disclosed on the Site (a) the applicable service fee will be deducted from
payments received by you from a Sender(s), or an Eligible Transaction Account (in the event that the applicable
service fee cannot be covered by the payment received by you), and (b) no service fee will be charged if you as
the Requestor do not receive any payments from the individuals to whom the Zelle
®
Payment Request is sent.
Further details about the foregoing can be found on the Site. You acknowledge and agree that individuals to
whom you send a Zelle
®
Payment Request may not receive, or otherwise may reject or ignore, your Zelle
®
Page 24 of 29 April 2023
Payment Request. We do not guarantee that you will receive any payments from individuals by initiating a Zelle
®
Payment Request.
Zelle
®
Small Business Service Users may not send Zelle
®
Payment Requests to Users enrolled with Zelle
®
through Zelle
®
Standalone Locations.
3.6 Payment Cancellation, Stop Payment Requests and Refused Payments. This Section only applies to the
Other Payment Services and those Zelle
®
Payment Services transactions that can be cancelled in the limited
circumstances set forth in Section 3.3(a) (Sending Payments) above. Sender may cancel the initiation of a
Payment Instruction or stop a Payment Instruction at any time until the processing of the Payment Instruction into
the Receiver’s Eligible Transaction Account has begun. Our ability to stop a Payment Instruction or recover funds
associated with an unauthorized Payment Instruction will depend on the manner in which the Payment Instruction
was initiated, and whether the Payment Instruction to the Receiver’s Eligible Transaction Account has begun
processing. Although we will make a reasonable effort to accommodate a stop payment request and to recover
funds associated with an unauthorized Payment Instruction, we will have no liability for failing to do so. We may
also require you to present your stop payment request or request to recover funds in writing within fourteen (14)
days after contacting customer care. If we charge you to stop the payment or recover funds, then the charge for
each stop payment or fund recovery request will be the current charge as set out in our current fee schedule or as
disclosed through the Site. Payments not claimed by a Receiver who has not enrolled in Zelle
®
will be
automatically cancelled fourteen (14) days after the processing of the payment begins. We will, to the extent
permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied
payment to your Eligible Transaction Account or use other reasonable efforts to return such payment to you as
permitted by law.
3.7 Consent to Emails and Automated Text Messages. Section 1.8 (Text Messages, Calls and/or Emails to You) of
the General Terms does not apply to Zelle
®
Payment Services. By participating as a User, you represent that you
are the owner of the email address, mobile phone number, Zelle
®
tag, and/or other alias you enrolled, or that you
have the delegated legal authority to act on behalf of the owner of such email address, mobile phone number,
Zelle
®
tag, and/or other alias to send or receive money as described in these Zelle
®
and Other Payment Terms.
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 Financial Institutions or their agents regarding the
Zelle
®
and Other Payment Services or related transfers between Network Financial Institutions 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 enroll. 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, as message and data rates may apply.
b. You will immediately notify us if any email address or mobile number you have enrolled 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 or Zelle
®
may transmit
on your behalf as a sender of the message, you acknowledge that you are the sender of the message to the
recipient's email address or mobile phone number. You represent that you have obtained the consent of the
recipient of such emails or automated text messages as applicable, to send such emails or text messages to
the recipient. You further represent that you are sending such emails or automated text messages to the
recipient in compliance of applicable law, including but not limited to the Telephone Consumer Protection Act
(TCPA). You understand and agree that any emails or text messages that we send or that Zelle
®
sends on
your behalf may include your name.
Page 25 of 29 April 2023
d. 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.
e. To cancel text messaging from us, send STOP to 767666. For help or information regarding text messaging,
send HELP to 767666 or contact our customer service at 1-800-493-7562. You expressly consent to receipt
of a text message to confirm your “STOP” request.
f. Supported Carriers: AT&T, Sprint, T-Mobile, Verizon and others.
g. Your phone service provider is not the provider of the Zelle
®
and Other Payment Services. Users of the Zelle
®
Payment Service will receive text messages relating to their Payment Instructions and other notices from time
to time if a mobile phone number is provided. Data and messaging charges from your telecommunications
provider may apply, and you are responsible for any such charges. In the event your enrolled mobile device is
lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable
the use of such device. You understand that there are risks associated with using a mobile device, and that in
the event of theft or loss, your confidential information could be compromised.
3.8 Service Fees and Additional Charges. You are responsible for paying all fees associated with your use of the
Zelle
®
and Other Payment Services. Applicable fees will be disclosed in the user interface for, or elsewhere
within, the Zelle
®
and Other Payment Services or Site. Additional fees may apply for small business Users
enrolled in the Zelle
®
Small Business Service. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY
APPLICABLE FEES WILL BE CHARGED REGARDLESS OF WHETHER THE PAYMENT INSTRUCTION IS
COMPLETED, UNLESS THE FAILURE TO COMPLETE THE INSTRUCTION IS SOLELY DUE TO OUR FAULT,
except for those fees that are specifically use-based, such as Zelle
®
Payment Requests, if applicable. There may
be a charge for additional transactions and other optional services. You agree to pay such charges and authorize
us to deduct the calculated amount from your designated Eligible Transaction Account for these amounts and any
additional charges that may be incurred by you. Any financial fees associated with your standard deposit
accounts (or Other Eligible Transaction Accounts) will continue to apply. You are responsible for any and all
telephone access fees and Internet service fees that may be assessed by your telephone and Internet service
provider. Section 1.18 of the General Terms (Failed or Returned Payment Instructions) applies if you do not pay
our fees and charges for the Zelle
®
and Other Payment Services, including without limitation if we debit the
Eligible Transaction Account for such fees, as described in this Section, and there are insufficient fees in the
Eligible Transaction Account.
3.9 Refused Payments. We reserve the right to refuse to pay any Receiver. We will attempt to notify the Sender
promptly if we decide to refuse to pay a Receiver designated by the Sender. This notification is not required if you
attempt to make a prohibited payment under this Agreement.
3.10 Returned Payments. In using the Zelle
®
and Other Payment Services, you understand that Receivers may
reject Payment Instructions or otherwise return payments only if the Receiver is not enrolled in Zelle
®
. We will use
reasonable efforts to complete Payment Instructions initiated through the Zelle
®
Payment Service.
3.11 Consent to Share Personal Information (Including Account Information). In addition to Section 1.20
(Information Authorization) of the General Terms, by accepting this Agreement, you consent to our disclosure of
your personal information (including bank account information) as necessary to complete payment transactions in
accordance with our customary processes and procedures, which may include, without limitation, the following:
a. As necessary to resolve a problem related to a transfer or payment between you and another User;
b. To verify the existence of your bank account, or debit card, as applicable;
c. To comply with government agency or court orders;
d. To our affiliates, as permitted by law;
commitment
Page 26 of 29 April 2023
-
e. To verify your identity for purposes of compliance with applicable laws, including without limitation the USA
PATRIOT Act;
f. To comply with inquiries in connection with fraud prevention or any investigation;
g. For our general business purposes, including without limitation data analysis and audits; or
h. As otherwise permitted by the terms of our Privacy Notice.
3.12 Wireless Operator Data. In addition to Section 1.20 (Information Authorization) of the General Terms, you
acknowledge that we or Zelle
®
may use information on file with your wireless operator to further verify your
identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using
the Zelle
®
Payment Service, you authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon,
or any other branded wireless operator) to disclose your mobile number, name, address, email, network status,
customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status
and device details, if available, to us or our Service Providers solely to allow verification of your identity and to
compare information you have provided to us or to Zelle
®
with your wireless operator account profile information
for the duration of our business relationship. See Zelle
®
’s Privacy Policy at https://www.zellepay.com/privacy
policy for how it treats your data. Please review our Privacy Policy in order to better understand our
to maintaining your privacy, as well as our use and disclosure of your information.
3.13 Liability. Subject to our obligations under applicable laws and regulations, neither we nor Zelle
®
shall have
liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us 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 Zelle
®
Payment Service.
THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU
TRUST. YOU SHOULD NOT USE ZELLE
®
TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT
FAMILIAR, OR YOU DO NOT TRUST. ZELLE
®
DOES NOT OFFER A PROTECTION PROGRAM FOR
AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE
THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED
ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).
3.14 Disclaimer of Warranties. Section 1.33 (Exclusions of Warranties) of the General Terms does not apply to
Zelle
®
Payment Services. 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 ZELLE
®
PAYMENT 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
ZELLE
®
PAYMENT SERVICE DESCRIBED OR PROVIDED. ZELLE
®
DOES NOT WARRANT THAT THE
ZELLE
®
PAYMENT SERVICE WILL BE UNINTERRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK OR
ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE ZELLE
®
PAYMENT SERVICES ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
3.15 Limitation of Liability. Section 1.34 (Limitation of Liability) of the General Terms does not apply to Zelle
®
Payment Services. EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN
NO EVENT WILL WE, ZELLE
®
, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK FINANCIAL
INSTITUTIONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY
DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES
ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE ZELLE
®
PAYMENT SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE ZELLE
®
PAYMENT SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED
Page 27 of 29 April 2023
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER
RELATING TO THE ZELLE
®
PAYMENT SERVICES DESCRIBED OR PROVIDED, EVEN IF WE OR ZELLE
®
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE
ZELLE
®
PAYMENT SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE ZELLE
®
PAYMENT SERVICES.
IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF OURS, ZELLE
®
, ITS OWNERS, DIRECTORS,
OFFICERS AND AGENTS OR THE NETWORK FINANCIAL INSTITUTIONS 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).
3.16 Indemnification. Section 1.30 (Indemnification) of the General Terms does not apply to Zelle
®
Payment
Services. You acknowledge and agree that you are personally responsible for your conduct while using the Zelle
®
Payment Service and except as otherwise provided in this Agreement, you agree to indemnify, defend and hold
harmless Zelle
®
, its owners, directors, officers, agents and Network Financial Institutions from and against all
claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential,
exemplary and indirect damages), and reasonable attorney’s fees, resulting from or arising out of your use,
misuse, errors or inability to use the Zelle
®
Payment Service, or any violation by you of the terms of this
Agreement.
3.17 Use of Our Online Banking Site and/or Mobile App. You agree to access the Site in compliance with our
terms and conditions that we make available elsewhere on the Site, which are incorporated into and made part of
this Agreement by this reference.
3.18 Your Liability for Unauthorized Transfers. Section 1.16 (Your Liability for Unauthorized Transfers) of the
General Terms shall not apply to the Zelle
®
Payment Service. Immediately following your discovery of an
unauthorized Zelle
®
Payment Service Payment Instruction, you shall communicate with customer care in the
manner set forth in Section 1.6 of the General Terms above. You acknowledge and agree that time is of the
essence in such situations. The best way to minimize your loss is to call us immediately. You will have no liability
for unauthorized transactions if you notify us within sixty (60) days after your monthly financial institution
statement which shows the unauthorized transaction has been sent to you. If you do not tell us within sixty (60)
days after the statement was sent to you, you may lose any amount transferred without your authorization after
the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in
time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may in our sole
discretion extend the period.
When you give someone your password or other means to access your account through which you access the
Zelle
®
and Other Payment Services, you are authorizing that person to use your account/our Service, and you are
responsible for all transactions that person performs while using your account/our Service. All transactions that
person performs, even those transactions you did not intend or want performed, are authorized transactions.
Additionally, transactions that you or someone acting with you initiates with fraudulent intent are also authorized
transactions.
Note: These liability rules only apply to Eligible Transaction Accounts used for personal, family and household
purposes.
Page 28 of 29 April 2023
3.19 Zelle
®
Small Business Users Token Access. You acknowledge and agree that you have the sole responsibility
for access and use of the small business tokens (e.g. email and/or mobile number) enrolled in the Zelle
®
Small
Business Service that you make available to authorized users. Failure to implement reasonable security
procedures and controls to protect the use and access to enrolled tokens and the Zelle
®
Small Business Service
by your authorized users may result in losses of all of the money in your Eligible Transaction Account(s), plus any
credit available in any available overdraft protection plan.
3.20 Content Standards; Zelle
®
Tags
a. Content Standards: You agree that you will not upload or provide content or otherwise post, transmit,
distribute, or disseminate through the Zelle
®
Payment Service any material that: (1) is false,
misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening,
harassing, hateful, abusive, or inflammatory; (2) encourages conduct that would be considered a
criminal offense or gives rise to civil liability; (3) breaches or infringes any duty toward or rights of any
person or entity, including rights of publicity, privacy or intellectual property; (4) contains corrupted
data or any other harmful, disruptive, or destructive files; (5) advertises products or services
competitive with Zelle
®
, as determined by Zelle
®
in its sole discretion; or (6) in Zelle
®
’s or our sole
judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion
of the Zelle
®
Payment Service, or which may expose us, Zelle
®
or our respective affiliates or
customers to harm or liability of any nature.
b. Although neither we nor Zelle
®
have any obligation to monitor any content, both we and Zelle
®
have
absolute discretion to remove content at any time and for any reason without notice. We and Zelle
®
may also monitor such content to detect and prevent fraudulent activity or violations of the terms and
conditions. You understand that by using the Zelle
®
Payment Service, you may be exposed to content
that is offensive, indecent, or objectionable. We and Zelle
®
are not responsible for, and assume no
liability, for any content, including any loss or damage to any of your content. We and Zelle
®
make no
representation or warranty that content uploaded to a User profile accurately identifies a particular
User of the Zelle
®
Payment Service.
c. The Zelle
®
Payment Service may include functionality for you to add a unique alpha-numeric identifier
to your registered User profile to be used in lieu of your phone number or email address when
sending or receiving money, which will be your “Zelle
®
tag.” You will be limited to one Zelle
®
tag per
bank account, and each Zelle
®
tag must have one U.S. mobile phone number or email address
associated with it. Your Zelle
®
tag must meet the Content Standards. You may not select a Zelle
®
tag
that misleads or deceives other Users of the Zelle
®
Payment Service as to your identity, or otherwise.
Although neither we nor Zelle
®
have any obligation to monitor User Zelle
®
tags, both we and Zelle
®
have absolute discretion to remove a User Zelle
®
tag at any time and for any reason without notice.
We and Zelle
®
may require you to change your Zelle
®
tag in our sole discretion, and we may elect to
make a Zelle
®
tag unavailable to you, without any liability to you. We and Zelle
®
may also monitor
User Zelle
®
tags to detect and prevent fraudulent activity or violations of the terms and conditions.
You understand that by using the Zelle
®
Payment Service, you may be exposed to a Zelle
®
tag that is
offensive, indecent, or objectionable. We and Zelle
®
are not responsible for, and assume no liability,
for any User Zelle
®
tags, including any loss or damage caused thereby. We and Zelle
®
make no
representation or warranty that a User Zelle
®
tag accurately identifies a particular User of the Zelle
®
Payment Service. We respect the intellectual property of others and require that users of the Zelle
®
Payment Service comply with relevant intellectual property laws, including copyright and trademark
laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our
products or services for users who use or publish content on the Zelle
®
Payment Service that is
subject to intellectual property rights claims.
Page 29 of 29
3.21 Arbitration. You acknowledge and agree that for any claims or disputes you assert against Zelle
®
and Early
Warning Services, LLC, Zelle
®
and Early Warning Services, LLC are entitled to enforce Section 1.28
(Arbitration) of the General Terms against you.
3.22 Definitions.
“Network Financial Institutions” means financial institutions that have partnered with Zelle
®
.
"Receiver" is a person or business entity that is sent a Payment Instruction through the Zelle
®
and Other Payment
Services.
"Requestor" is a person that requests an individual to initiate a Payment Instruction through the Zelle
®
Payment
Service.
"Sender" is a person or business entity that sends a Payment Instruction through the Zelle
®
and Other Payment
Services.
“User” means you and others who are enrolled directly with Zelle
®
or enrolled with another financial institution that
partners with Zelle
®
.
"Zelle
®
Payment Request" means functionality that allows a Requestor to request that another individual initiate a
Payment Instruction to the Requestor through the Zelle
®
Payment Service.
“Zelle
®
Small Business Service” means functionality, to the extent made available by us, that enables a small
business User to (i) send Zelle
®
Payment Requests through the Zelle
®
Payment Service, and (ii) send and receive
Payment Instructions through the Zelle
®
and Other Payment Services. Users that access the Zelle
®
and Other
Payment Services through a business account shall be classified as Zelle
®
Small Business Service Users. The
Zelle
®
Small Business Service is included in the definition of “Zelle
®
Payment Service”.
Zelle® and the Zelle® related marks are wholly owned by Early Warning Services, LLC and are used herein under
license.
April 2023