Effective [May 1, 2023]
First Republic is now part of JP Morgan Chase. On May 1, 2023, JP Morgan Chase acquired the substantial majority of assets and assumed the deposits and certain liabilities of First Republic from the Federal Deposit Insurance Corporation. Capitalized terms used in this Agreement have been updated accordingly in Section 12.
Table of Contents
4. Account Aggregation; Transaction Cleansing and Categorization
7. Online Wire Transfer Service
10. Travel Notifications Service
1. Introduction
This Agreement is a contract between you and the Bank governing your use of the Service. The Service permits you to perform a variety of functions and services through a personal computer or mobile device with respect to Bank Accounts you may hold with the Bank and Affiliate Accounts you may hold with other First Republic Group entities. Capitalized terms used in this Agreement are defined in Section 12.
1.1 Accepting This Agreement
By using the Service, you agree to the terms and conditions of this Agreement.
You agree that messages or other communications transmitted between the Parties through the Service shall be treated as "writings" and shall bind each Party in the same way as written communications. You agree that use of your Credentials to access the Service in connection with a communication of assent shall be treated as your signature. You agree that, if you provide your Credentials to a third party, any actions taken by such third party (including, without limitation, transmitting payment, transfer, and stop payment instructions) through the Service are authorized by you and shall be binding upon you.
1.2 Other Agreements
Your responsibilities under this Agreement are in addition to your responsibilities under the Account Disclosures and the Privacy Policy. To the extent this Agreement is inconsistent with the Account Disclosures or Privacy Policy, the terms of this Agreement shall control with respect to the Service.
1.3 Amendments to This Agreement and Changes to the Service
The Bank may, from time to time, change the terms of this Agreement by posting a new version of this Agreement to the Site or notifying you by other means. Such changed terms will be effective at the time they are posted unless a delayed effective date is expressly stated. By continuing to use the Service after such changes are effective, you agree to be bound by such changed terms.
The Bank may, from time to time, revise, update, upgrade, downgrade, enhance, or otherwise change the features of the Service, which may render prior versions of this Agreement obsolete. The Bank reserves the right to terminate such prior versions and limit your access to features of the Service accordingly.
2. General Terms
2.1 The Service
The Service includes the following online account management features for customers with one or more eligible Bank Accounts or Affiliate Accounts:
(a) Review your Bank Account balance;
(b) Retrieve and view account information from your Aggregated External Accounts (described in Section 4);
(c) Transfer funds between Preauthorized Bank Accounts and/or Preauthorized Affiliate Accounts (described in Section 5); and
(d) Communicate with customer support through secure messaging.
Additional online account management features for customers with eligible Bank Accounts:
(a) Review your detailed Bank Account information and transaction history;
(b) Produce historical transaction reports;
(c) Order checks;
(d) Transfer funds between Preauthorized Bank Accounts and Preauthorized External Accounts owned by you (described in Section 6.2);
(e) Transfer funds to other people (described in Section 6.3);
(f) Pay bills (described in Section 6.4);
(g) View and download your Account Statements electronically (described in Section 7);
(h) Deposit checks with your mobile device (described in Section 8);
(i) Notify the Bank of upcoming travel (described in Section 9); and
(j) Issue, view, and cancel Stop Payments (described in Section 10).
2.2 Service Providers
The Bank provides the Service through one or more Service Providers that the Bank has engaged to render some or all of the Service to you on the Bank's 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 Service Providers are third-party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.
2.3 Access
To access the Service, you must have an eligible Bank Account, as determined by the Bank. The Service may not be available, in whole or in part, for some Bank Accounts or Affiliate Accounts.
To access the Service, you must have an internet-connected computer or a mobile device. To use the Bank's mobile applications, your mobile device must meet minimum hardware and software requirements. You are responsible for any data or other charges imposed on you by your mobile carrier as a result of your use of the Service. You are responsible for the installation, maintenance, and operation of your computer or mobile device.
If your Bank Account or Affiliate Account has multiple joint owners, such Bank Account or Affiliate Account may be accessed through the Service by any joint owner. Joint owners may share the same payee list (if applicable) and are subject to the joint tenancy rules contained in the Account Disclosures. If your Affiliate Account may be viewed by multiple holders of shared access, such Affiliate Account may be accessed through the Service by any of those shared access holders, including through such holders' individual access to the Service. Any joint owner or shared access holder may discontinue his or her individual access to the Service. The terms of this Agreement extend to all joint owners and shared access holders of any Bank Account or Affiliate Account.
2.3.1 Protecting Your Credentials
If you are issued or create any 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 Credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such Credentials. The Bank recommends that you take precautions to protect the Credentials you use to access the Service. This includes, without limitation, changing your password regularly, monitoring your account activity periodically, and reporting any suspicious activity to the Bank immediately by contacting the Bank as described in Section 2.14.
2.3.2 Consent for Us to Contact You
You agree that we or our Service Providers may contact you at any telephone number you provide to us, including any mobile phone number you give or have given us in the course of our banking relationship You authorize us to send text messages and make prerecorded or autodialed calls to any number(s) you provide to verify your identify and protect you from fraud.
2.3.3 Using Biometric Authentication
On some mobile devices, you may have the option to provide a fingerprint or other biometric information to access the Service. If your mobile device is configured to allow biometric authentication and you share your mobile device with anyone who has saved a fingerprint or otherwise has your Credentials, that person may be able access to your Bank Account or Affiliate Account. The Bank does not recommend using biometric authentication if you share your mobile device. It is your responsibility to maintain control of your mobile device to prevent unauthorized access
2.3.4 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 by mail.
2.3.5 Privacy of Others
If you receive information about another individual or entity through the Service, you agree to keep such information confidential and only use it in connection with the Service.
2.3.6 Links and Frames
You may link to the home page of the Site. However, you may not link to other pages of the Site without the Bank's express written permission. You also may not "frame" material on the Site without the Bank's express written permission. The Bank reserves the right to disable links from any third-party websites to the Site.
2.3.7: Wireless Operator Data
You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to First Republic or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy for how to see how we treat your data.
2.4 Your Representations, Warranties, and Covenants
You represent, warrant, and covenant to the Bank that:
(a) You are an authorized signer of the Bank Accounts and Affiliate Accounts accessed through your Service profile;
(b) Your computer system meets the minimum system requirements to use the Service;
(c) All information you provide the First Republic Group or the Service Providers during, or in relation to, your use of the Service is true, correct, accurate and complete;
(d) You will maintain a valid, active email address. You agree to promptly notify the Bank of any change in your email or postal address by submitting the change through the Service or by contacting the Bank as described in Section 2.14;
(e) You are a legal owner of the Aggregated External Accounts;
(f) You have the right to authorize and permit the Bank and the Service Providers to access your Aggregated External Accounts;
(g) You have the authority to designate the Bank and the Service Providers as your agents with respect to your Aggregated External Accounts;
(h) By disclosing information related to your Aggregated External Accounts and by authorizing the Bank and the Service Providers to use such information to access your Aggregated External Accounts, you are not violating any third-party rights;
(i) You are either the sole owner or a joint owner of your Bank Accounts, Affiliated Accounts, and External Accounts, and you have all necessary legal right, power, and authority to transfer funds between your Bank Accounts, Affiliated Accounts, and External Accounts;
(j) If you are a joint owner of a Bank Account, Affiliate Account, or External Account: (i) you have been authorized by all of the other joint owners to operate such Bank Account, Affiliate Account, or External Account without such joint owners' consent (including, without limitation, to withdraw or deposit any amount of funds) to such Bank Account, Affiliate Account, or External Account; and (ii) the Bank may act on your instructions regarding such Bank Account, Affiliate Account, or External Account without liability to such other joint owners; and
(k) Your External Accounts are located in the United States.
With respect to each Image submitted to the Bank through the Mobile Deposit Service, you hereby represent, warrant, and covenant that:
(a) Each Image is a true and accurate rendition of the front and back of the Original Check, without any alteration, and the drawer of the check has no defense against payment of the check;
(b) The amount, payee(s), signature(s), and endorsement(s) on the Image and on the Original Check are legible, genuine, and accurate;
(c) You will not deposit or otherwise endorse to a third party the Original Check, and no individual or entity will receive a transfer, presentment, or return of, or otherwise be charged for, the Original Check or a paper or electronic representation of the Original Check such that such individual or entity will be asked to make payment based on an item that has already been paid;
(d) There are no other duplicate images of the Original Check;
(e) The Original Check was authorized by the drawer in the amount stated on the Original Check and to the payee(s) stated on the Original Check;
(f) You are authorized to enforce and obtain payment of the Original Check; and
(g) You have possession of the Original Check, and no other party will submit the Original Check for payment.
You make to the Bank all representations, warranties, and covenants that the Bank must make or is deemed to make to any party pursuant to law, regulation, or clearinghouse rule. You agree that any files and images transmitted to the Bank shall contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
2.5 Liability of the Bank and the Service Providers
The Bank has engaged the Service Providers to provide some or all of the Service to you; however, such Service Providers are not liable to you under this Agreement. You agree that the Related Persons shall not be responsible for any claim, loss, damage (including property), or bodily injury or death sustained as a result of the use, operation, installation, or maintenance of the Service, whether caused by the Bank, the Service Providers, or third parties, except as specifically provided in this Agreement or where the law requires a different standard. Further, the Related Persons shall not be responsible for any direct, indirect, special, consequential, economic, or other damages arising out of: (a) your failure to comply with the terms of this Agreement, (b) your failure to provide the Bank with accurate contact information (including, without limitation, your name, physical address, telephone number, and email address), or other information provided to the Bank under this Agreement or in connection with the Service, (c) your failure to notify the Bank when your contact information or other information in the Bank's possession is no longer accurate, (d) the use, operation, installation, or maintenance of the Service, (e) the maintenance of any equipment, software, or browser or access software, (f) any technical, hardware, or software failure of any kind, (g) any interruption in availability of the Site, (h) your inability to contact the Bank through email or the Site, (i) any delay in operation or transmission, (j) any errors or failures from any malfunction of your computer or electronic device, (k) any virus, other problems, or changes that may be associated with the use of your computer or mobile device, (l) or any incomplete or garbled transmission, computer virus, loss of data, or similar; even if the Bank has been advised of the possibility of such damages or loss.
The Service, including, without limitation, Internal Transfers and External Transfers, may be delayed, interrupted, or disrupted periodically for an indeterminate amount of time due to circumstances beyond the Bank's reasonable control, including, without limitation, 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 any of the Related Persons 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 the Related Persons be liable for any claim arising from or related to the Service that you do not state in writing in a complaint filed in a court or arbitration proceeding as described in Sections 2.11 and 2.12 within two (2) years of the date that the event giving rise to the claim occurred.
The limitations in this Section 2.5 will apply to all causes of action, whether arising from breach of contract, tort (including negligence), or any other legal theory. Some states do not allow the exclusion or limitation of incidental or consequential damages so the limitations or exclusions in this Section 2.5 may not apply to you.
Except as otherwise required by applicable law, the Bank's liability to you is limited to no more than the amount of money that is lost from your Bank Account or Affiliate Account as a result of the Bank's willful act or omission, plus the amount of fees for the Service that the Bank has collected from you over the preceding one-year period.
Links to third-party websites may be provided on the Service for your convenience. By providing such links, the Bank is not endorsing, sponsoring, or recommending such websites or the materials disseminated by or services provided by such websites, and the Bank is not responsible for the materials, services, or other situations at or related to any such website. The Bank makes no representations or warranties concerning the content of third-party websites accessible through the Service. Consequently, the Bank is not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained on third-party websites listed in any search results or otherwise linked to the Service. For example, if you click on a banner advertisement or a search result (including, without limitation, links from advertisers, sponsors, and content partners that may use the Bank's logo(s) as part of a co-branding agreement), your click may take you outside the Service. Such third-party websites 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 Service may send cookies to users that the Bank does not control.
2.5.1 Liability of the Bank for the Account Aggregation Service
The Bank is not responsible for any acts or omissions by the external financial institution or other provider of any Aggregated External Account, including, without limitation, any modification, interruption, or discontinuance of any Aggregated External Account by such external financial institution or provider.
The Bank is not responsible for errors, delays, and other problems caused by or resulting from the action or inaction of external financial institutions. Although the Bank will try to assist you in resolving any such problems, you understand that any such errors, delays, or other problems are the responsibility of the relevant external financial institution. Any rights you may have against an external financial institution for such errors, delays, or other problems are subject to the terms of the agreements you have with such external financial institution, including, without limitation, any processes, time limits, obligations, or requirements regarding complaints.
When using the Account Aggregation Service, you have the ability to directly connect to third-party websites. Transactions and inquiries you initiate at such websites are not made though the Account Aggregation Service, and the Bank has no responsibility for such transactions. You are responsible for all fees charged by the third party in connection with such transactions and Aggregated External Accounts under any terms and conditions that may apply to such Aggregated External Accounts. If you have a dispute or question about any transactions on such website, you agree to direct your questions to the Aggregated External Account provider.
You agree that the Bank shall not be liable for any costs, fees, losses, or damages of any kind incurred as a result of: (a) the Bank's access to the Aggregated External Accounts, (b) the Bank's retrieval of or inability to retrieve information from the third-party Aggregated External Account provider or its websites, or (c) your agreement or relationship with any external financial institution.
2.5.2 Liability of the Bank for the Internal Transfer Service
If the relevant First Republic Group entity does not complete an Internal Transfer on time or in the correct amount, there may be some circumstances in which such entity will be liable for your direct loss or damages. However, neither such First Republic Group entity nor the Service Providers will be liable:
(a) If you do not have sufficient available funds in your Bank Account or Affiliate Account to make such Internal Transfer;
(b) If any electronic terminal, telecommunication device, or any part of the electronic fund transfer system is not working properly;
(c) If any First Republic Group entity has received a legal order directing such entity to prohibit withdrawals or deposits from or to either Bank Account or Affiliate Account;
(d) If you have closed either Bank Account or Affiliate Account, or if either Bank Account or Affiliate Account has been frozen;
(e) If you have not properly followed applicable instructions or you have provided the relevant First Republic Group entity with inaccurate or wrong information; or
(f) If your access to the Service has not yet been activated or has been terminated.
2.5.3 Liability of the Bank for the External Transfer Service
The Bank and the Service Providers are independent contractors for all purposes, except that the Bank acts as your agent with respect to the custody of your funds for the External Transfer Services. The Bank does not have control of, or liability for, any products or services that are paid for with the External Transfer Services. The Bank also does not guarantee the identity of any user of the External Transfer Services (including, without limitation, recipients to whom you send External Transfers).
In no event shall the Bank or the Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments through the External Transfer Services.
It is your responsibility to determine what, if any, taxes apply to the External Transfers you make or receive, and it is your responsibility to collect, report, and remit the correct tax to the appropriate tax authority. The Bank is not responsible for determining whether taxes apply to your External Transfers, or for collecting, reporting, or remitting any taxes arising from any External Transfer.
The Bank shall incur no liability, and Section 6.4.3 shall be void, if the Bank is unable to complete any External Transfers initiated by you because of the existence of any one or more of the following circumstances:
(a) Through no fault of the Bank's, the Bank Account, External Account, or Zelle® Account does not contain sufficient funds to complete the transfer, or the transfer would exceed the credit limit of your overdraft account;
(b) The Service is not working properly and you know or have been advised by the Bank about the malfunction before you execute the External Transfer;
(c) The External Transfer is refused as described in Section 6.1.4; and
(d) You have not provided the Bank with the correct information, including, without limitation, the correct Bank Account, External Account, or Zelle® Account information, Payment Instruction, contact information of the Receiver, or Biller information.
(e) 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.
The Bank will make a reasonable effort to stop or recover an External Transfer made to the wrong account or associated with an unauthorized External Transfer once informed, but the Bank does not guarantee such stoppage or recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you, the Sender, or the Receiver.
The Bank shall not be liable in any way for any payments that you may receive through the External Transfer Services, regardless of whether you authorized the Sender to send them to you.
The Bank is not responsible for the performance, speed, or other acts or omissions of the Payment Networks.
You acknowledge and agree that if your External Transfer Payment Instructions identify an account by name and account number, the relevant financial institution may execute such Payment Instructions by reference to the account number only, even if such account number does not match the corresponding account name. You further acknowledge and agree that the relevant financial institution holding the External Account or Zelle® Account may choose not to investigate discrepancies between account names and account numbers. The Bank has no responsibility to investigate discrepancies between account names and account numbers.
You agree that you as the Sender will not hold the Bank liable for any damages resulting from the Receiver's decision to accept or not to accept an External Transfer initiated or attempted through the Service.
In no event shall the Bank be liable for any claims or damages resulting from your scheduling of Exception Payments.
2.5.4 Liability of the Bank for the Stop Payment Service
If the Bank pays an item over a proper Stop Payment given in a timely manner, the Bank's liability will not exceed the lesser of: (a) the amount of such item, or (b) actual damages.
2.5.5 Indemnity
Except where Federal Reserve Board Regulation E applies to a transaction and imposes other terms that are not permitted to be varied by contract, you agree to indemnify and hold harmless the Related Persons from any and all third-party claims, actions, liabilities, costs, expenses (including, without limitation, reasonable attorneys' fees), fines, or damages that the Related Persons may incur that are caused by or are arising from: (a) the Bank's or the Service Providers' acting upon instructions or implementing transactions which are authorized by you or someone using your Credentials, (b) your connection to or use of the Service in excess of, or in a manner inconsistent with, the rights granted under this Agreement, (c) your violation of this Agreement, or (d) your infringement or violation of the rights of others, including intellectual property rights. The obligations contained in this paragraph will continue after this Agreement or your access to the Service is terminated.
2.6 Regulation E Disclosures
2.6.1 Your Liability for Unauthorized Transfers
You agree to immediately notify the Bank by telephone as described in Section 2.14 if you discover an unauthorized transaction related to any of your Bank Accounts or if your Credentials have been lost or stolen. You acknowledge and agree that time is of the essence in such situations.
If you notify the Bank within two (2) Business Days of discovering that your Credentials have been lost or stolen, your liability is limited to $50.00 should someone access your Bank Account without your permission. If you do not notify the Bank within two (2) Business Days of such discovery, and the Bank can prove that the Bank could have prevented the unauthorized use of your Credentials to access your Bank Account if you had told the Bank, you could be liable for as much as $500.00.
If you do not notify the Bank within sixty (60) days after an Account Statement identifying an unauthorized transaction was made available to you, you may lose any amount transferred without your authorization after such notification period if the Bank can prove that the Bank could have stopped someone from taking such amount had you notified the Bank in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling the Bank, the Bank may, in its sole discretion, extend such notification period.
2.6.2 Account Statement and Transaction Errors
If you believe that your Account Statement, a transaction record, or other information made available in the Service is inaccurate or incomplete, or if you need more information about a transaction listed on a statement or receipt, please telephone the Bank as described in Section 2.14, on any Business Day between 5:00 a.m. and 9:00 p.m. Pacific Time, Saturday between 6:00 a.m. and 8:00 p.m. Pacific Time, or Sunday between 7:00 a.m. and 5:00 p.m. Pacific Time, or write to the Bank as soon as you can, Attention: Deposit Services. The Bank must hear from you no later than sixty (60) days after the Bank sends you the FIRST Account Statement on which the alleged problem or error appeared.
The Bank will need to know the following:
(a) Your name and Bank Account number;
(b) The error or the transaction in question, with a clear explanation as to why you believe there is an error or why you need more information; and
(c) The dollar amount of the transaction you believe is in error.
In most cases, the Bank can answer questions or resolve your problem over the telephone. If you tell the Bank orally, the Bank may require that you send your question or complaint in writing within ten (10) Business Days. The Bank will determine whether an error occurred within ten (10) Business Days (twenty (20) Business Days for new Bank Accounts) after the Bank hears from you, and will promptly correct any error. If the Bank needs more time, however, the Bank may take up to forty-five (45) days (ninety (90) days for new Bank Accounts) to investigate your complaint or question. If the Bank decides to do this, the Bank will credit/debit the applicable Bank Accounts within ten (10) Business Days (twenty (20) Business Days for new Bank Accounts) for the amount you believe is in error, so that you (or an intended recipient, as the case may be) will have use of the money during the time it takes the Bank to complete its investigation. If the Bank asks you to put your question or complaint in writing and the Bank does not receive it within ten (10) Business Days, the Bank may not credit/debit the applicable Bank Accounts.
For errors involving point-of-sale or foreign-initiated transactions, the Bank may take up to ninety (90) days to investigate your complaint or question.
The Bank will tell you the results within three (3) Business Days after completing the investigation. If the Bank decides that there was no error, the Bank will send you a written explanation. You may ask for copies of the documents the Bank used in its investigation.
2.6.3 Disclosure of Information
The Bank will disclose information to third parties about your Bank Account or the transfers you make: (a) where it is necessary for completing transfers, (b) to verify the existence and condition of your Bank Account for a third party, such as a credit bureau or merchant, (c) to comply with government agency or court orders, (d) if you give the Bank your written permission, (e) to provide some or all of the Service, or (f) in accordance with the Privacy Policy.
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.
2.6.4 Non-Personal Accounts
The provisions in Section 2.5.2 and this Section 2.6 do not apply to business or other non-personal Bank Accounts. If you use your Bank Accounts or the Service for business purposes, in order to limit your losses, you should notify the Bank by telephone immediately as described in Section 2.14 if you discover any unauthorized transactions or errors involving your business account(s). You must also send the Bank a written notice of the problem within a reasonable time, not to exceed fourteen (14) days from the date of discovery or from the date of the first Account Statement or notice reflecting the problem, whichever occurs first.
2.7 Cooperation in Investigations
You agree to cooperate with the Bank in any fraud investigation and to use any fraud prevention measures the Bank prescribes. Failure to cooperate may result in your liability for all fraudulent usage.
2.8 Intellectual Property; Acceptable Use
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.
2.8.1 License to the Service
Subject to your compliance with the terms and conditions of this Agreement, the Bank hereby grants you during the term of this Agreement a non-exclusive, non-transferable, revocable, limited license (without a right of sublicense) to connect to and use the Service, including any user guide and related documentation and materials that the Bank provides to you under this Agreement, solely for the purposes described in this Agreement. As between you and the Bank, subject to the limited license provided in this Section 2.8.1, the Bank owns all right, title, and interest in and to the Service.
2.8.2 User Content
You hereby grant the Bank a non-exclusive, transferable, irrevocable, fully paid-up, royalty-free, sublicenseable license to use, copy, modify, display, and distribute Content for the purpose of providing the Service. By submitting Content, you represent that you have the right to license such Content to the Bank.
As between you and the Bank, the Bank retains unrestricted rights to and exclusive ownership of all data collected by the Bank or the Service Providers in relation to your use of the Service, including unstructured data and metadata. Unstructured data includes information that is not defined or labeled by a database structure. Metadata includes data analytics derived from you or your use of the Service.
2.8.3 Acceptable Use
You may not use the Service for any purpose other than as expressly permitted under this Agreement. The Service contains, includes, or embodies various forms of intellectual property, including patents, copyrights, trademarks, and trade secrets of the Bank, the Service Providers, and their respective licensors, and you agree not to make, sell, import, copy, export, reproduce, display, distribute, make derivative works of, reverse engineer, disassemble, or decompile the Service, or otherwise attempt to derive the Service's design, source code, or underlying algorithms, file formats, or programming or interoperability interfaces or their constituent parts (except to the extent that applicable law prohibits such reverse engineering restrictions).
You shall not through the Service obtain, or attempt to obtain, any materials or information through any means not intentionally made available or provided.
The Bank and the Service Providers have the right, but not the obligation to monitor and remove communications content that the Bank finds, in its 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 the Bank's 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 without the Bank's prior written permission, (i) constitute use of any device, software, or routine to bypass technology protecting the Service, or interfere or attempt to interfere with the Service, or (j) may cause the Bank or the Service Providers to lose any services from their respective internet service providers, payment processors, or other vendors.
2.8.4 Restrictions Related to External Transfers
Without limiting the generality of the foregoing, and with respect to External Transfers in particular, you shall not initiate External Transfers related to:
(a) Payments to or from individuals or entities located in prohibited territories (including any territory outside of the United States);
(b) Payments that violate any law, statute, ordinance, or regulation;
(c) Payments related to: (i) tobacco products, (ii) prescription drugs and devices, (iii) narcotics, steroids, controlled substances, or other products that present a risk to consumer safety, (iv) drug paraphernalia, (v) ammunition, firearms, or firearm parts or related accessories, (vi) weapons or knives regulated under applicable law, (vii) goods or services that encourage, promote, facilitate, or instruct others to engage in illegal activity, (viii) goods or services that are sexually oriented, (ix) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (x) goods or services that defame, abuse, harass, or threaten others, (xi) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent, or discourteous, (xii) goods or services that advertise, sell to, or solicit others, or (xiii) 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;
(d) Payments related to gambling, gaming, and/or any other activity with an entry fee and a prize, including, without limitation, 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;
(e) Payments related to transactions that: (i) support pyramid or Ponzi schemes, matrix programs, other "get rich quick" schemes, or multi-level marketing programs, (ii) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking, or transactions to finance or refinance debts funded by a credit card, (iii) are for the sale of items before the seller has control or possession of such items, (iv) constitute money laundering or terrorist financing, (v) are associated with the following "money service business" activities: the sale of traveler's checks or money orders, currency dealers or exchanges, or check cashing, or (vi) provide credit repair or debt settlement services;
(f) Tax payments and court-ordered payments; or
(g) Payments that violate the Acceptable Use terms in Section 2.8.3 above.
You agree that this Section 2.8.4 will remain in full force and effect even if this Agreement expires or is terminated.
2.8.5 Prohibited Transactions
Restricted transactions, as defined by the Unlawful Internet Gambling Enforcement Act of 2006 and Federal Reserve Board Regulation GG, are prohibited from being processed through any Bank Account, Affiliate Account, or any account relationship with any First Republic Group entity. Restricted transactions are generally transactions in which a person accepts credits, funds, instruments, or other proceeds from another person in connection with unlawful internet gambling. If any First Republic Group entity is uncertain regarding the legality of any transaction, such entity may refuse such transaction or freeze the amount in question while such entity investigates the matter. Such First Republic Group entity reserves the right to terminate your Bank Account or Affiliate Account if it reasonably believes unlawful transactions are or were made in connection with your Bank Account or Affiliate Account.
2.9 Service Fees and Charges
The fees and charges applicable to your Bank Accounts, Affiliate Accounts, and the Service are set forth in the Account Disclosures. You agree to pay these fees and charges (as amended from time to time) and authorize the Bank to debit these fees and charges directly from your Bank Accounts or Affiliate Accounts. These fees and charges will be reflected in your periodic account statements. Depending on how you access the Service, you may incur and be responsible for additional charges (including, without limitation, normal account fees, service charges, and internet service provider fees).
2.10 Service Provided "As Is"
You acknowledge that the Service may contain bugs, errors, or inaccuracies that could cause failures, corruption, or loss of data or information. The Service is made available to you "as is," without warranties of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, or freedom from computer virus. The Bank makes no representations or warranties that the Service will work on your computer or mobile device, or be suitable for your intended purposes. The Bank makes no representations or warranties as to the adequacy, accuracy, or completeness of the information and materials included on the Site, accessible through the Service, or on third-party websites linked to or accessible from the Service, or that any features of the Service will be uninterrupted, secure, or error-free. The Bank expressly disclaims any liability for any errors in or omissions from information, materials, and functions included on the Site, accessible through the Service, or on third-party websites linked to or accessible from the Service. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you.
2.11 Applicable Law
This Agreement shall be governed by the laws of the State of California without reference to principles of conflicts of laws. Any action brought in a court concerning this Agreement or the Service shall be brought in a state or federal court located in San Francisco, California. You hereby agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, such courts in any such legal action or proceeding unless such action or proceeding is submitted to arbitration under Section 2.12 of this Agreement.
2.12 Arbitration
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than US$10,000.00, 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, such Party will initiate such arbitration through an ADR Administrator. The Parties agree that 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 INDIVIDUAL OR ENTITY, SHALL BE ALLOWABLE IN ARBITRATION.
2.13 Termination of Access to the Service
The Bank may modify or discontinue the Service or your access to the Service, with or without notice, without liability to you, any other user, or any third party, at any time and for any or no reason, including, without limitation, if the Bank, in its sole judgment, believes you have engaged in conduct or activities that violate any of the terms of this Agreement or the rights of the Bank or the Service Providers. In addition, the Bank reserves the right to: (a) notify law enforcement, regulatory authorities, affected third parties, and others as the Bank deems appropriate, (b) refuse to provide the Bank's services to you in the future, and/or (c) take legal action against you. The remedies contained in this Section 2.13 are cumulative and are in addition to the other rights and remedies available to the Bank under this Agreement, by law, or otherwise.
You may terminate your access to the Service at any time by notifying the Bank in writing as described in Section 2.14 that you no longer intend to use the Service. Previously paid fees are non-refundable. Any authorizations from you to make payments will continue in effect until the Bank has received such written notice and has had a reasonable opportunity to process it. Once the Bank has acted upon such written notice, no further scheduled payments will be made, including payments scheduled in advance or preauthorized recurring payments. Upon termination of your access to the Service, any licenses provided to you by the Bank under this Agreement to access or use the Service shall immediately terminate. The rest of this Agreement shall remain in full force and effect.
2.14 Notice and Contact Information
You may contact the Bank's Customer Care center by telephone at 1-888-408-0288, or by mail at: First Republic Bank, 111 Pine Street, San Francisco, CA 94111. When traveling outside of the country, you can call the Bank's international telephone number at +1-415-288-7598.
If you have issues connecting to the Service, you may contact the Bank's Account Services center by telephone at 1-855-886-4819.
If you are required to provide the Bank notice in relation to the Service, you must provide such notice by postal mail. You agree that the Bank may provide notice to you by posting such notice on the Site, sending you a message within the Service, emailing such notice to an email address that you have provided the Bank, mailing such notice to any postal address that you have provided the Bank, or by sending such notice as a text message to any mobile telephone number that you have provided the Bank (if you have given the Bank consent to send you text messages). 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 such notice 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 Customer Care. The Bank reserves the right to terminate your use of the Service if you withdraw your consent to receive electronic communications (although you may revoke your consent to receive text messages).
By providing the Bank with a telephone number (including a wireless, cellular or mobile telephone number) or email address, you consent to receiving calls and messages from the Bank and the Service Providers in connection with the Bank's everyday business purposes (including identify verification). You acknowledge and agree that such calls and messages may include, without limitation, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system from the First Republic Group, the Service Providers, and agents of any of the foregoing. You further consent to receiving text messages and/or emails from the Bank for marketing purposes in connection with the Service and consistent with the Privacy Policy.
2.15 Release
You release the Related Persons 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 and one or more other users of the 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.
2.16 No Waiver
The Bank shall not be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by one of the Bank's authorized representatives. No delay or omission on the Bank's 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.
2.17 Assignment
You may not transfer or assign any rights or obligations you have under this Agreement without the Bank's prior written consent, which the Bank may withhold in its sole discretion. The Bank reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. The Bank may also assign or delegate certain of its rights and responsibilities under this Agreement to the Service Providers, independent contractors, or other third parties.
2.18 Accessibility
The Bank has undertaken a significant effort to ensure that the Service is usable and accessible to the Bank's users, including users who use assistive technology. More information regarding the Bank's accessibility efforts can be found at https://www.firstrepublic.com/resource/accessibility. Please contact the Bank as described in Section 2.14 if you have any questions regarding accessibility.
2.19 Miscellaneous
You agree that this Agreement, the Account Disclosures, and the Privacy Policy are the complete and exclusive statement of the agreement between the Parties with respect to the Service and supersede any proposal or prior agreement, oral or written, and any other communications between the Parties. 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. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of the Bank (including, without limitation, the Bank's Customer Care personnel), the terms of this Agreement shall prevail.
2.20 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.
2.20 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 20 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.
2.21 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.
3. Affiliate Accounts
Account information for Affiliate Accounts provided through the Service is provided by the custodian for your Affiliate Account. If information for an Affiliate Account provided through the Service is inconsistent with information provided by your custodian directly or on an account statement, the information provided by your custodian directly or on such account statement shall prevail. Please contact your Wealth Manager should you identify any such inconsistency.
4. Account Aggregation; Transaction Cleansing and Categorization
4.1 Account Aggregation Service
4.1.1 Description
The Account Aggregation Service allows you to import and view account information and transaction histories from external financial institutions to make it easy for you to view multiple accounts in one place through the Service.
4.1.2 Access to Account Information for Aggregated External Accounts
You understand and agree that, in order to provide the Account Aggregation Service, it is necessary for the Bank to access external financial institutions', credit unions', and investment companies' websites and databases containing information regarding your Aggregated External Accounts, on your behalf, to retrieve information as requested or authorized by you. By using the Account Aggregation Service, you authorize the Bank to access such Aggregated External Accounts to retrieve such information as requested or authorized by you, or for any other purpose authorized by this Agreement.
You understand and agree that at all times your relationship with each Aggregated External Account provider is independent of the Bank and your use of the Account Aggregation Service.
4.1.3 Authorization
You authorize the Bank and the Service Providers to use any information submitted by you (including, without limitation, Credentials) to access the third-party Aggregated External Account websites and accounts you designate for the purpose of accessing such Aggregated External Accounts, retrieving Aggregated External Accounts information on your behalf, and operating the Account Aggregation Service. You appoint the Bank and the Service Providers as your agents for this limited purpose. In addition, you hereby grant the Bank and the Service Providers a limited power of attorney, and you hereby appoint the Bank and the Service Providers as your true and lawful attorney-in-fact, with full power of substitution and resubstitution, for you and in your name, place, and stead, in any and all capacities, to access third-party websites, retrieve Aggregated External Account information, and use your information, for the purpose of accessing such Aggregated External Accounts and operating the Account Aggregation Service, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. You agree that third-party providers are entitled to rely on the authorizations, agency, and power of attorney granted by you to the Bank and the Service Providers under this Agreement.
YOU ACKNOWLEDGE AND AGREE THAT WHEN THE BANK OR THE SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD-PARTY WEBSITES, THE BANK AND THE SERVICE PROVIDERS ACT AS YOUR AGENTS AND NOT AS AGENTS OR ON BEHALF OF ANY THIRD PARTY.
4.1.4 Other Bank Agreements
Your use of the Account Aggregation Service will also be affected by the agreements between you and external financial institutions that provide your Aggregated External Accounts. Using the Account Aggregation Service does not change the agreements you have with external financial institutions regarding such Aggregated External Accounts. You should review those agreements for any applicable fees, for limitations on the number of transfers you can make, and for other restrictions that might impact your use of an Aggregated External Account with the Account Aggregation Service.
4.1.5 How the Bank May Use Information About Your Aggregated External Accounts
In accordance with the Bank's Online & Mobile Privacy Policy, the Bank may collect, view, use, store, process, transfer, share, and disclose your Aggregated External Account information for a variety of purposes, including, without limitation, to provide you information about the Bank's products and services, to personalize the Bank's products, or to tailor the Bank's offers to you.
4.2 Transaction Cleansing and Categorization Service
4.2.1 Description
The Bank provides the Transaction Cleansing and Categorization Service for your Bank Accounts and Affiliate Accounts as well as your Aggregated External Accounts. The Transaction Cleansing and Categorization Service provides a more user-friendly description of your transactions and adds a category to your transactions to allow for personal financial management services.
These revised descriptions as well as the associated categories are provided for information purposes only. If a transaction description provided through the Transaction Cleansing and Categorization Service is inconsistent with information provided on an Account Statement, the information on the Account Statement shall prevail over the transaction description provided through the Transaction Cleansing and Categorization Service.
4.2.2 Transactions and Other Information
You understand that the transaction history and other information reflected in the Account Aggregation Service as well as transactions from your Bank Accounts, Affiliate Accounts, and Aggregated External Accounts will be submitted to a Service Provider for provision of the Transaction Cleansing and Categorization Service. Such information may also be used for improving the Transaction Cleansing and Categorization Service or additional financial management tools, product offers, and advisory services, in accordance with the Privacy Policy.
4.2.3 Non-Affiliate Names, Logos and Trademarks
Names, logos, and trademarks for parties other than First Republic Group, including other financial or other institutions where you may hold accounts that you access through the Service are the property of their respective owners. First Republic Group is not an affiliate of or sponsored or endorsed by any such financial or other institutions.
5. Internal Transfer Service
5.1 Description
The Internal Transfer Service allows you to transfer money between Preauthorized Bank Accounts and/or between Preauthorized Bank Accounts and Preauthorized Affiliate Accounts. When you schedule an Internal Transfer, the Service will display the immediate and non-Business Day processing option if available for the Bank Accounts and/or Affiliate Accounts selected; otherwise, the Service will display the earliest available day for processing.
5.2 Limitations
(a) You may not initiate an Internal Transfer that will overdraw or close the relevant Bank Account or Affiliate Account, excluding those that invoke an automatic credit from an overdraft line of credit or similar product;
(b) You may not initiate an Internal Transfer from any Bank Account or Affiliate Account: (i) in "unavailable" status, such as "dormant" or "inactive" status, (ii) with a savings account loan causing insufficient funds to be available in the collateral account, or (iii) subject to legal process or other encumbrance restricting such Internal Transfer;
(c) Savings and money market accounts: You may only make up to six withdrawals and/or transfers each monthly statement cycle by check (for accounts with check privileges), preauthorized or automatic transfer (e.g., transfers under an agreement to cover overdrafts on a linked checking account, or automatic payments to an insurance company), draft, point-of-sale debit card, telephone and/or online banking, mobile banking or other electronic means. If you exceed this limitation, we may refuse to honor the excessive transactions, remove your transfer privileges, close the account, convert it to another type of account, and/or impose a fee for exceeding the limits. Please refer to the Schedule of Fees and Related Charges for “Excess Activity Fee” information. and
(d) You may not initiate an Internal Transfer between a Bank Account and an Affiliate Account without a duly-filed, written preauthorization.
6. External Transfer Services
6.1 General Terms
This Section 6 applies to all External Transfers initiated through the Service, including Account-to-Account Transfers, Bill Pay Transfers, and Zelle® and Other Payment Services Transfers.
6.1.1 Eligibility
The External Transfer Services are offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the External Transfer Services are not offered to minors unless the minor is using an Eligible Transaction Account in the name of the minor with a parent or guardian as a co-signor or guarantor. By using the External Transfer Services, you represent that you meet these requirements and you agree to be bound by this Agreement.
6.1.2 Prohibited Payments
Payments that violate the terms of this Agreement, including the terms of Section 2.8.3, are prohibited through the External Transfer Services, and the Bank has the right but not the obligation to monitor for, block, cancel, and/or reverse such payments.
The Bank may also block and/or reverse payments that involve donations or payments to an unauthorized charity or non-profit organization, unless the Bank has performed appropriate due diligence on and investigation of such charity or non-profit organization and has determined its legitimacy, in the Bank's sole discretion. The Bank has no obligation to research or resolve any claim resulting from a prohibited payment. All research and resolution for any misapplied, misposted, or misdirected prohibited payments will be your sole responsibility and not the Bank's.
6.1.3 Payment Methods and Amounts
There are limits on the amount of money (or, as applicable in some cases, gift card value) you can send or receive through the External Transfer Services. Your limits may be adjusted from time to time at the Bank's sole discretion. You may view your individual transaction limits within the Service. The Bank also reserves the right to select the method by which to remit funds on your behalf through the External Transfer Services, and in the event that your Eligible Transaction Account is closed or otherwise unavailable, the Bank reserves the right to select the method by which to return funds to you. These payment methods include, without limitation, an electronic debit, a paper check drawn on the account of our Service Provider or a draft payment drawn against your Eligible Transaction Account.
6.1.4 Refused Transfers
The Bank reserves the right to refuse to complete any External Transfer. The Bank will notify you promptly if it decides to refuse to complete an External Transfer. This notification is not required if you attempt to make an External Transfer that is prohibited under this Agreement.
6.1.5 Failed or Returned Payment Instructions
By using the External Transfer Services, you are requesting the Bank to attempt to make payments for you from your Eligible Transaction Account or your External Account. If the Bank is unable to complete an External Transfer for any reason associated with your Eligible Transaction Account or your External Account (for example, if there are insufficient funds in your Eligible Transaction Account or your External Account, or the External Transfer would exceed the credit or overdraft protection limit of your Eligible Transaction Account or your External Account), in certain circumstances, the Bank may attempt to debit your Eligible Transaction Account or your External Account a second time to complete the External Transfer, or debit any of your other Bank Accounts or Affiliate Accounts to the extent necessary to offset any resulting deficiency. In some instances, you will receive a return notice from the Bank. In each such case, you agree that:
(a) You will, immediately upon demand, reimburse the Bank or the applicable Service Provider the amount of the External Transfer if the Bank has delivered the payment but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account, External Account, and your other Bank Accounts and Affiliate Accounts to allow the Bank to complete the debit processing;
(b) The Bank or the applicable Service Provider may, for any amount not reimbursed to the Bank within fifteen (15) days of the initial notification, impose a late charge equal to the lesser rate of (i) one and one-half percent (1.5%) monthly interest, or (ii) the legal maximum;
(c) The applicable Service Provider or the Bank may assess a fee if the External Transfer cannot be debited because you have insufficient funds in your Eligible Transaction Account or your External Account, or the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account or your External Account, to cover the payment, or if the Bank cannot otherwise collect the funds from you. Such fee amount will be as set forth in our Account Disclosures or your account agreement with the Bank. You hereby authorize the Bank to deduct such amounts from your designated Eligible Transaction Account, your External Account, or your other Bank Accounts or Affiliate Accounts, including by ACH debit;
(d) You will reimburse the Bank and the applicable Service Provider for any fees or costs the Bank or such Service Provider incurs in attempting to collect any amounts from you; and
(e) The Bank and the applicable Service Provider are authorized to report the facts concerning any such return to any credit reporting agency.
6.1.6 Information Authorization
Your enrollment in the applicable External Transfer Service may not be fulfilled if the Bank cannot verify your identity or other necessary information. Through your enrollment in or use of each External Transfer Service, you agree that the Bank reserves the right to request a review of your credit rating at the Bank's 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 External Transfer Service, to authenticate you when you log in, to send you information about the External Transfer 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 External Transfer 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 External Transfer Service in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the External Transfer Service. The following provisions in this Section apply to certain External Transfer 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.
6.1.7 Opting Out
If you wish to terminate your access to any External Transfer Service, please contact the Bank as described in Section 2.14. Any payment that has begun processing before the requested termination date will be processed by the Bank. You agree that we may terminate or suspend your use of the External Transfer 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.
6.1.8 Service Fees and Additional Charges
You are responsible for paying all fees associated with your use of the External Transfer Services. Applicable fees will be disclosed in the user interface, in the Account Disclosures, or elsewhere within the Service. Any applicable fees will be charged regardless of whether the External Transfer Services were used, except for fees that are specifically use-based.
6.2 Account-To-Account Transfer Service Additional Terms
6.2.1 Description
(a) The Account-to-Account Transfer Service enables you to transfer funds between your Eligible Transaction Account and your External Account.
“Small Business Transfers Service” means functionality, to the extent made available by us, that enables a Business to transfer funds between the Eligible Transaction Account(s) that the Business maintains with us on the one hand, and External 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) You may initiate (1) a one-time Payment Instruction for which processing shall be initiated immediately, (2) a one-time Payment Instruction for which processing shall be initiated at a later specified date up to one (1) year, and (3) a recurring series of Payment Instructions for which processing shall be initiated on the specified dates. Further details about each of these options can be found on the Site. When the Bank receives a Payment Instruction from you, you authorize the Bank to: (a) debit your Eligible Transaction Account and remit funds on your behalf to your External Account, or (b) credit your Eligible Transaction Account and remit funds on your behalf from your External Account. You also authorize the Bank to reverse an Account-to-Account Transfer from the applicable account if the debit is returned from the other account for any reason, including, without limitation, nonsufficient funds. Transfers may be delayed or blocked to prevent fraud or comply with regulatory requirements. If we delay or block a Payment Instruction that you have initiated, we will notify you in accordance with your user preferences (i.e. email, push notification).
(c) 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
6.2.2 Transfer Cancellation Requests; Refused Transfers
You may cancel an Account-to-Account Transfer at any time until it begins processing (as shown in the Account-to-Account Service).
6.2.3 Stop Payment Requests
If you desire to stop any Account-to-Account Transfer that has already been processed, you must contact Customer Care as described in Section 2.14. Although the Bank will make a reasonable effort to accommodate your request, the Bank will have no liability for failing to do so. The Bank may also require you to present your request in writing within fourteen (14) days after contacting Customer Care. The charge for each such request will be the charge for such service as set out in the Account Disclosures at the time of such request.
6.2.4 Returned Transfers or Failed Transfers
Account-to-Account Transfers may be returned or fail for various reasons including, without limitation, an invalid External Account number. The Bank will use reasonable efforts to research and correct the Account-to-Account Transfer to the intended account or void the Account-to-Account 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 Eligible Transaction Account or External 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.
6.2.5 Use-Based Fees
Use-based fees for the Account-to-Account Transfer Service will be charged against your External Account or your Eligible Transaction Account that is debited for such Account-to-Account Transfer.
6.2.6 Transfer Methods and Amounts
Section 6.1.3 (Payment Methods and Amounts) applies to the Account-to-Account Transfer Service, even in circumstances where the External Account is closed and we are attempting to return funds to such Account.
6.3 ZELLE® AND OTHER PAYMENT SERVICES
This Section ("Section") governs your use of the Zelle® and Other Payment Services (the "Service").
Please read this Section carefully. You should use the Zelle® Payment Services and the Other Payment Services (collectively, "the Zelle® and Other Payment Services") to pay or receive payments only from people you know who are included in your email and mobile contacts. Do not use the Zelle® and Other Payment Services to purchase goods or services from people you don't know well. When you send funds using the Zelle® Payment Services, you are authorizing the transaction, which will happen immediately, and you will not have the right to stop or recall or dispute the payment.
By using the Zelle® and Other Payment Services you agree to the terms of the Addendum and the Agreement, which include, among other things:
- that each time you use the Zelle® Payment Service, you are authorizing and instructing us to send emails and text messages to the recipient on your behalf;
- that each person to whom we send a text message or email on your behalf has given you permission for us to do so;
- that if you request money from another person using Zelle® Payment Service it will not be for an overdue or defaulted debt, court-ordered amounts such as alimony or child support, a gambling debt, or a debt owed to someone other than you;
- our obligations to you;
- your obligations as a user of Zelle® and Other Payment Services;
- circumstances under which we may reverse or modify transactions or remove funds from your account;
- the ways in which we may send you notices and disclosures;
- your agreement with us to use binding arbitration for most disputes arising under this Section and to waive the right to a trial by jury;
- your waiver of class-action rights;
- limitations on our liability to you;
- your mutual agreement with us that this Addendum will be governed by the laws of the State of California, without regard to conflict of law principles; and
- Zelle®'s disclaimer of warranties, limitations of Zelle®'s liabilities to you, and your indemnification of Zelle® for your use of the Service.
Your agreement to these terms is essential to our agreement to provide the Zelle® and Other Payment Services and any pricing that may apply.
6.3.1 Overview of Zelle® and Other Payments Services
- 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.
6.3.2 Conditions of Use
- 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.
- In addition to the Zelle® Payment Service, we provide other payment services under this Section.
- 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 this Addendum. 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.
- 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 Section 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 Section 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"). 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 Section, the Zelle® and Other Payment Services are generally available 24 hours a day, seven days a week, with the exception of outages for maintenance and circumstances beyond our or Zelle®'s control. Live customer service generally will be available Monday through Friday, excluding US financial institution holidays.
- 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 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 Payment Services, 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.
6.3.3 Payment Authorization and Payment Remittance
- Section 6.1.1 of the Agreement does not apply to the Zelle® Payment Service. When you enroll to use the Zelle® Payment Service or when you permit others to whom you have delegated to act on your behalf to use or access the Zelle® Payment Service, you agree to the terms and conditions of this Section. 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 6.1.2 of the Agreement, 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.
- 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.
- This Section 6.3.3(d) does not apply to Business Accounts. If you use the Zelle® and Other Payment Services with your Consumer Account, you (i) acknowledge the Zelle® and Other Payment Services are intended for personal, not business or commercial use, and (ii) 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. If you use the Zelle® and Other Payment Services with your Consumer Account, we reserve the right to decline your enrollment if we believe that you are enrolling to use the Zelle® and Other Payment Services to receive business or commercial payments and 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.
- You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent mobile phone number that you intend to use for an extended period of time (i.e., no "burner" numbers). 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. When you enroll with Zelle®, you may establish one or more profiles. Each profile may be linked to only one bank account or debit card, 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. 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®.
- 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 Services, 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.
- 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.
- 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.
- 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:
- 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;
- 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;
- The payment is refused as described in Section 6.1.7 below;
- 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,
- 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.
- 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.
6.3.4 Sending Payments
- 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 Section, 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 6.3.7 (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.
- 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.
- 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 2.6.2 of the Agreement (Account Statement and Transaction Errors).
- 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 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.
- For the Other Payment Services and those Zelle® Payment Service payments where the Site indicates payment will require more than one (1) 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 Receiver's 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.
- 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 Section.
6.3.5 Receiving Payments
- 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 Services payments may be cancelled by the Sender as set forth in Section 6.3.7 (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 in the Service. If another 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 Section and the procedures of the business or government agency that is sending you the payment.
- 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, 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 Sender'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 Sender's initiation of Payment Instructions to you, and, as a Receiver, you may receive Zelle® Payment Requests, from others through the Zelle® Payment Service.
- 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 sender'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.
6.3.6 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.
- b. In addition to the other restrictions in this Section, by accepting this Section, 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), 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® 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.
6.3.7 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 6.3.4 (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.
- 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.
6.3.8 Consent to Emails and Automated Text Messages
By participating as a User, you represent that you are the owner of the email address, mobile phone number, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, mobile phone number and/or other alias to send or receive money as described in 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:
- 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.
- 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.
- In the case of any messages that you may send through either us or Zelle® or that we may send or Zelle® may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle® sends on your behalf may include your name.
- 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.
- 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 1-855-886-4819. You expressly consent to receipt of a text message to confirm your “STOP” request.
- Supported Carriers: AT&T, Sprint, T-Mobile, Verizon and others.
- 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.
6.3.9 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. 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 6.1.5 of the Agreement (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.
6.3.10 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 Section.
6.3.11 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.
6.3.12 Consent to Share Personal Information (Including Account Information)
In addition to Section 6.1.6 (Information Authorization) of the Agreement, by accepting this Section, you consent to our disclosure of your personal information (including bank account information) to Zelle®, other Network Financial Institutions and other third parties for fraud prevention and risk management services, and as necessary to complete payment transactions in accordance with our customary processes and procedures, which may include, without limitation, the following:
- As necessary to resolve a problem related to a transfer or payment between you and another User;
- To verify the existence of your bank account, or debit card, as applicable;
- To comply with government agency or court orders;
- To our affiliates, as permitted by law;
- To verify your identity for purposes of compliance with applicable laws, including without limitation the USA PATRIOT Act;
- To comply with inquiries in connection with fraud prevention or any investigation;
- For our general business purposes, including without limitation data analysis and audits; or
- As otherwise permitted by the terms of our Privacy Policy.
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.
6.3.13 Wireless Operator Data.
- In addition to Section 6.1.6 (Information Authorization) of the Agreement, 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 use or 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 third party 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 commitment to maintaining your privacy, as well as our use and disclosure of your information.
- 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.
6.3.14 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).
6.3.15 Disclaimer of Warranties
Section 2.10 (Service Provided “As Is”) of the Agreement 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.
6.3.16 Limitation of Liability
Section 2.5 (Liability of the Bank and the Service Providers) of the Agreement 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 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 SECTION, 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).
6.3.17 Indemnification
Section 2.5.5 (Indemnity) of the Agreement 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 Section, 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 Section.
6.3.18 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 Section by this reference.
6.3.19 Your Liability for Unauthorized Transfers
Federal Regulation E provides certain protections against loss resulting from unauthorized online banking or mobile banking transfers from your Consumer Account. These protections do not apply to Business Accounts, regardless of account ownership.
Consumer Accounts
Section 2.6.1 (Your Liability for Unauthorized Transfers) of the Agreement does not apply to Zelle® Payment Services. 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 2.14 (Notice and Contact Information) of the Agreement. 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 will extend the time periods specified above to a reasonable period.
These liability rules are established by Regulation E, which implements the federal Electronic Fund Transfer Act and do not apply to Business Accounts.
Business Accounts
See Section 2.6.4 (Non-Personal Accounts).
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 service, and you are responsible for all transactions that person performs while using your 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.
6.3.20 Zelle® Tags; User Profile Content
- 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 (set forth below). 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 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.
- 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.
- 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.
6.3.21 Arbitration; Class Action Waiver.
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 2.12 (Arbitration) of this Agreement against you.
Zelle® and the Zelle® related marks are wholly owned by Early Warning Services, LLC and are used herein under license.
6.4 Bill Pay Service Additional Terms
6.4.1 Description
The Bill Pay Service enables you to receive, view, and pay bills through the Service.
6.4.2 Payment Scheduling
The earliest possible Scheduled Payment Date for each Biller will be displayed within the Service when you schedule a Bill Pay Transfer. The Bill Pay Service will not permit you to select a Scheduled Payment Date earlier than the earliest possible Scheduled Payment Date displayed for each Biller. When scheduling a Bill Pay Transfer, you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless such actual Due Date falls on a non-Business Day. If such actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before such actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period. Depending on the method of payment, your Eligible Transaction Account may be debited prior to the Scheduled Payment Date. For example, if the selected method of payment is a draft, such draft arrives earlier than the Scheduled Payment Date due to expedited delivery by the postal service, and the Biller immediately deposits such draft, your Eligible Transaction Account may be debited earlier than the Scheduled Payment Date.
6.4.3 The Bill Pay Service Guarantee
Due to circumstances beyond the Bank's control, including, without limitation, delays in handling and posting Bill Pay Transfers by Billers or financial institutions, some Bill Pay Transfers may take longer to be credited to your account. The Bank will bear responsibility for any late payment-related charges up to $50.00 should a Bill Pay Transfer post after its Due Date, as long as the Bill Pay Transfer was scheduled in accordance with Section 6.4.2.
6.4.4 Payment Authorization and Payment Remittance
By providing the Bank with a Payment Instruction for a Bill Pay Transfer through the Bill Pay Service, you authorize the Bank to follow such Payment Instruction. In order to process Bill Pay Transfers more efficiently and effectively, the Bank may edit or alter payment data or data formats in accordance with Biller directives.
When the Bank receives a Payment Instruction, you authorize the Bank to debit your Eligible Transaction Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Bank to credit your Eligible Transaction Account for Bill Pay Transfers returned to the Bank by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Bill Pay Service.
Subject to your compliance with the terms of this Agreement, if the Bank causes an incorrect amount of funds to be removed from your Eligible Transaction Account or causes funds from your Eligible Transaction Account to be directed to a Biller in a manner that does not comply with your Payment Instructions, the Bank shall be responsible for returning the improperly transferred funds to your Eligible Transaction Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment-related charges.
6.4.5 Scheduled Payment Cancellation Requests
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the Service. There is no charge for canceling or editing a Scheduled Payment. Once the Bank has begun processing a Bill Pay Transfer, it cannot be cancelled or edited, and you must submit a stop payment request.
6.4.6 Stop Payment Requests
The Bank's ability to process a stop payment request for a Bill Pay Transfer will depend on the payment method and whether or not a check has cleared. The Bank may also not be able to act on any stop payment request after a Bill Pay Transfer has been processed. If you desire to stop any Bill Pay Transfer that has already been processed, you must contact Customer Care as described in Section 2.14. The Bank may require you to present your stop payment request in writing within fourteen (14) days. The charge for each stop payment request will be the then-current charge for such service as set out in the Account Disclosures.
6.4.7 Exception Payments Requests
Exception Payments may be scheduled through the Bill Pay Service. However, Exception Payments are discouraged and must be scheduled at your own risk. Section 6.4.3 shall not apply to Exception Payments scheduled and/or processed by the Bank through the Bill Pay Service. The Bank has no obligation to research or resolve any claim resulting from an Exception Payment; all research and resolution for any misapplied, misposted, or misdirected Exception Payments will be your sole responsibility.
6.4.8 Bill Delivery and Presentment
The Bill Pay Service includes a feature that presents you with electronic bills from select Billers. Electronic bills may not be available from all of your Billers. Electronic bills are provided as a convenience only, and you remain solely responsible for contacting your Billers directly if you do not receive their statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:
(a) Presentation of electronic bills: You will receive electronic bills from a Biller only if both: (i) you have designated it in the Bill Pay Service as one of your Billers, and (ii) the Biller has arranged with the applicable Service Provider to deliver electronic bills. The Bill Pay Service may then present you with electronic bills from such Biller if either: (1) you affirmatively elect within the Bill Pay Service to receive electronic bills from such Biller, or (2) such Biller chooses to send you electronic bills on a temporary "trial basis." In either case, you can elect within the Bill Pay Service to stop receiving electronic bills from a Biller. Electing to receive electronic bills, automatically receiving trial electronic bills, and declining further elected or trial electronic bills all occur on an individual Biller basis. The Bill Pay Service does not include an option to prevent ever participating in the automatic trial electronic bill feature. When affirmatively electing to receive electronic bills from a particular Biller, you may be presented with terms from such Biller for your acceptance. The Bank is not a party to such terms;
(b) Paper copies of electronic bills: If you start receiving electronic bills from a Biller, such Biller may stop sending you paper or other statements. The ability to receive a paper copy of your statements is at the sole discretion of the Biller. Check with the individual Biller regarding your ability to obtain paper copies of electronic bills on a regular or as-requested basis;
(c) Sharing information with Billers: You authorize the Bank to share identifying personal information about you (such as name, address, telephone number, and Biller account number) with companies that you have identified as your Billers and which the Bank has identified as offering electronic bills, for purposes of matching your identity on the Bill Pay Service's records and the Biller's records to: (i) activate your affirmative request for electronic bills, and/or (ii) confirm your eligibility for "trial basis" electronic bills; in all cases, in accordance with the Privacy Policy;
(d) Information held by the Biller: The Bank is unable to update or change your personal information that is held by the Biller, including, without limitation, your name, address, telephone numbers, and email addresses. To change such information, you must contact the Biller directly. Additionally, it is your responsibility to maintain all Credentials for all Biller websites. You agree not to use someone else's information to gain unauthorized access to another individual or entity's bill. The Bank may, at the request of the Biller, provide to the Biller your email address, service address, or other data specifically requested by the Biller for purposes of the Biller matching your identity against its records or informing you about the Biller's services and/or bill information;
(e) Activation: The Bank will notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. While your electronic bill feature is being activated, it is your responsibility to keep your accounts current. Each Biller reserves the right to accept or deny your request to receive electronic bills;
(f) Authorization to obtain bill data: You authorize the Bank to obtain bill data from: (i) Billers that you have requested send you electronic bills, and (ii) from your Billers that wish to send you trial electronic bills. For some Billers, you will be asked to provide the Bank with your Credentials for such Biller. By providing the Bank with such information, you authorize the Bank to use such information to obtain your bill data;
(g) Notification: The Bank will attempt to present all of your electronic bills promptly. In addition to sending you a notification related to your electronic bills within the Service, the Bank may send you an email notification to the email address listed for your Eligible Transaction Account. In the event you do not receive such notification, it is your responsibility to periodically log on to the Bill Pay Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills;
(h) Cancellation of electronic bill notification: Each Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. Such cancellation may take up to sixty (60) days, depending on the billing cycle of each Biller. The Bank will notify your Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Bank will not be responsible for presenting any electronic bills that are already in process at the time of cancellation;
(i) Non-delivery of electronic bills: You agree to hold the Bank harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly; and
(j) Accuracy and dispute of electronic bills: The Bank is not responsible for the accuracy of your electronic bills. The Bank is only responsible for presenting the information the Bank receives from the Biller. You must address and resolve any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail with the Biller directly.
This Agreement does not alter your liability or obligations to your Billers.
6.4.9 Returned Payments
Billers and the United States Postal Service may return Bill Pay Transfers to the Bank for various reasons, including, without limitation: (a) Biller's forwarding address is expired, (b) Biller account number is not valid, (c) Biller is unable to locate account, or (d) Biller account is paid in full. The Bank will attempt to research and correct the returned Bill Pay Transfer and may return such Bill Pay Transfer to your Biller, or void such Bill Pay Transfer and credit your Eligible Transaction Account.
6.4.10 Information Authorization
In addition to Section 6.1.6, you agree that the Bank reserves the right to obtain financial information regarding your Biller account from the Biller or your financial institution (for example, to resolve Bill Pay Transfer posting problems or for verification).
7. Online Wire Transfer Service
7.1. Service
This Online Wire Transfer Service Section 7 describes the Online Wire Transfer Service (also referred to as "Wire Transfer" or "Service"), including what you can expect from us and the Security Procedures we will take when you use the Service. Should there be a conflict between this Section and First Republic Bank’s other applicable Agreements including the Consumer Account Disclosure and Agreement and Schedule of Fees and Related Charges for Consumer Accounts, the provisions of this Section shall supersede all.
The following types of Wire Transfers, when completed using our Banking Online or Mobile Services, are governed by this Section:
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Domestic Only Wire Transfers: A Wire Transfer sent to a bank within the United States or its territories.
By using the Service, you(i) signify that you have read and understand the Terms and Conditions contained in this Section, and (ii) agree that your use of the Online Wire Transfer Service will be subject to this Section. By using the Online Wire Transfer Service, you authorize us to provide you with Domestic Only Wire Transfers using our Banking Online or Mobile Services. All other payments or transfers available through Banking Online or Mobile Services are subject to terms and conditions in agreements separate from this Service.
7.2 Security Procedures
These Security Procedures are in place to attempt to prevent and/or detect unauthorized access to your account and/or unauthorized Online Wire Transfer Service requests.
Security Procedures:
You enroll in the Online Wire Transfer Service by agreeing to the Terms of Use outlined in this section. Eligible accounts will appear automatically following successful enrollment and acceptance of the Digital Terms of Use.
All Online Wire Transfer requests go through an internal review, and we may need to contact you to verify information about your wire transfer. We may impose additional Security Procedures for any particular Online Wire Transfer you make under this Service, but we have no obligation to do so. If we choose to impose additional Security Procedures, we will not be liable for any delays or losses, and we will not be obligated to impose such Security Procedures in the future.
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You must be an active Banking and Investment Online and/or Mobile Services user
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You must enter a valid user ID and password to access the Banking Online and/or Mobile Services and Wire Transfer Service
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You may be asked to provide additional verification requirements including a one-time passcode when submitting an Online Wire Transfer request
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You may receive a call back from a bank representative to validate a submitted Online Wire Transfer request
You should not discuss or disclose your online User ID and password, your activation code, or any other information that we may use to confirm your identity with any person regardless if they have access to your accounts.
You acknowledge the Security Procedures for the Online Wire Transfer Service are a commercially reasonable method of verifying your Online Wire Transfer. You acknowledge that we offer Wire Transfer Services in person at our preferred banking offices that provide a higher level of Security Procedures for your accounts, and that option is available as an alternate method. You hereby acknowledge that you will be liable for any Online Wire Transfer request or communication cancelling or modifying an Online Wire Transfer request, whether or not authorized, if made utilizing these Security Procedures. You agree to follow these Security Procedures when requesting any Online Wire Transfer, and agree that if you do not follow these instructions, your Online Wire Transfer request may not be accepted and/or processed. You acknowledge that we reserve the right to change our Security Procedures from time to time.
7.3 Processing, Cancelling and Modifying Delays and Notifications of Online Wire Transfers
Processing: We'll start processing your Online Wire Transfer request the same Business Day if we receive it before the cutoff time of 1:00 p.m. Pacific Time (4:00p.m. Eastern Time.). If we receive your Online Wire Transfer request after that time, we'll process it the following Business Day. After we start processing your Online Wire Transfer, you must have available funds in the account you designated in your instructions. We are not obligated to accept or process Online Wire Transfers that exceed your daily limit, which may change over time. All of the Online Wire Transfers sent from all your accounts within your User ID before the established cutoff time for each Business Day will count towards your daily limit. If you need to initiate an Online Wire Transfer in excess of your limit, please contact us. The Bank hereby gives notice that Online Wire Transfers may be executed through Fedwire, a funds transfer system operated by the Federal Reserve Bank, through a correspondent selected by the Bank. With respect to Online Wire Transfers which are executed through Fedwire, Federal Reserve Regulation J and all applicable operating circulars shall govern the Online Wire transfers. With respect to Online Wire Transfers executed through the Bank’s correspondent who may use CHIPS (Clearing House Interbank Payments System), a funds transfer system operated by the New York Clearing House or SWIFT (Society for Worldwide Interbank Financial Telecommunication), the CHIPS Operating Rules or the SWIFT Operating Rules shall govern the Online Wire Transfer.
Canceling or Modifying of an Online Wire Transfer request: You may not cancel or modify an Online Wire Transfer request once we have begun processing it, but you may request us to attempt to return the funds to you. At our discretion, we may use reasonable efforts to act on your request for cancellation or modifying, however we have no liability if such cancellation or modification is not successful. If the recipient's bank agrees, your funds may be returned to you for the full amount originally sent less any costs or fees that may have been incurred in attempting to cancel or modify the wire transfer request. If the recipient's bank declines to change the Wire Transfer request, you will be responsible for the transfer you initially requested. We will not automatically cancel your Online Wire Transfer due to the transfer being delayed by more than five business days; if we do cancel your wire transfer we'll notify you. You agree to indemnify and hold the Bank and its officers, directors, employees, and representatives harmless from and against any and all claims, demands, losses, liabilities and expenses, including attorney’s fees and costs, resulting directly or indirectly from compliance with your cancellation or amendment request.
Internal Review: During our internal review, we may subtract funds from your account or place a hold on your account and it may result in processing delays. Once we have released the Online Wire Transfer, the recipient's bank may delay credit to the recipient due to their own internal review processes.
Notifications: We will send you an email notification on the status of your Online Wire Transfer. It will be sent to an email address you have provided. We may also notify you verbally of the status of your wire transfer, but we are not required to do so. If you do not have an email address on file, if the email is returned undeliverable, or we are unable to send an email due to system failures or outages beyond our reasonable control, it is your responsibility to monitor your account for the status of your Online Wire Transfer. These notification methods are deemed to be commercially reasonable. Any other information we may provide upon successfully scheduling an Online Wire Transfer is only an indication that we've received your request and not an indication that we've accepted your Wire Transfer.
For Online Wire Transfer made out of the account(s) with the Bank, the Bank will mail an advice to you at the address indicated in the Bank's records. The advice will note the date and the amount of the transfer. Originator agrees to examine the advice promptly upon receipt and to notify the Bank immediately of any discrepancy between the advice and the Originator's records. The Bank shall not be liable for interest compensation, as set forth below, unless the Bank is notified of the discrepancy within 30 days from the date of the Originator's receipt of the confirmation or the Originator's bank statement including the debit for the Online Wire Transfer in question, whichever is earlier.
7.4 Identifying Number
We or any other bank involved in the Wire Transfer will complete your Wire Transfer request using the account number or bank identification number you provide, even if the numbers do not match the recipient's or bank's name. If you provided us an incorrect account number for the recipient or an incorrect routing or identification number for the recipient's bank, you could lose the amount of the Wire Transfer.
7.5 Future Dated Wire Transfers
You may request a future dated (one-time) Online Wire Transfer. It is your responsibility to update or change any payments details and you must have available funds in the account you designated in your instructions.
Wire Transfers will begin processing on future date that you designate unless the date is a non-Business Day, and then it will begin processing on the following business day.
You may cancel a future dated Online Wire Transfer before 11:59 p.m. Pacific Time (2:59 a.m. Eastern Time) the calendar day before the funds transfer is scheduled to begin processing, either via our Banking Online or Mobile services or by contacting us.
7.6 Our Fees and Other Payment Routing Fees
We may charge a fee when you use Online Wire Transfer Services. Please refer to your Schedule of Fees and Related Charges for Consumer Accounts for fees that may apply. We may use any Wire Transfer system we believe reasonable to complete your request, regardless of any instructions you might give us. If we also are the recipient's bank, we may complete your request using an internal transfer. You are responsible for all fees and taxes, including our fees and any fees charged by other funds transfer systems or banks involved in the transfer.
7.7 Wire Transfer Service Rules and Laws
The use of the Online Wire Transfer Service is subject to all applicable U.S. federal and state laws, regulations, rules and funds transfer arrangements, including the respective state's Uniform Commercial Code Article 4A (California Commercial Code Article 9) where your account was opened, as may be applicable. All of your Wire Transfers must comply with U.S. laws, including the regulations and economic sanctions administered by the U.S. Treasury Department's Office of Foreign Asset Control and other applicable laws.
7.8 Failure to Perform; Limitation of Liability
We are only responsible for performing the Online Wire Transfer Services specified in this section. We will not be liable for the failure or delay of any Wire Transfer or for failing to meet other obligations because of circumstances or causes beyond our control, including governmental, legal or regulatory restrictions or prohibitions, third party actions, natural disasters, equipment or system failures, labor disputes, wars or riots. We are not liable for any indirect, special or consequential damages.
Any provision of this agreement that limits the bank's liability does not negate the bank's duty (if any) under applicable law to act in good faith and with reasonable care.
7.9 Amendments
We may amend or change this section and we may also amend or change features of the Online Wire Transfer Service, in our sole discretion, from time to time. In the event we do so, we will notify you by sending you written notice by electronic mail or by regular mail, or by posting the updated terms on the online platforms. Your use of the Online Wire Transfer Service after we have made such changes available will be considered your agreement to the change.
7.10 How to contact us
In case of errors or questions about your Online Wire Transfer, please contact: Banking Online Support at (855) 886-4819
8. Online Statements Service
The Online Statements Service is available to you at no cost, and allows you to view your current and past Account Statements through the Service.
You understand that you may be entitled to receive periodic Account Statements in connection with your Bank Accounts. You authorize the Bank to deliver Online Statements. You agree that the Bank will send an email on an ongoing basis to the email address you provide (unless you request not to receive email notifications) notifying you that your Online Statements are available. You understand that if you request that the Bank not send you email notifications that it will be your sole responsibility to log in to the Service to view your Account Statements.
9. Mobile Deposit Service
9.1 Description
The Mobile Deposit Service allows you to deposit Original Checks to your Bank Accounts from home or other remote locations by scanning such Original Checks and delivering the Images to the Bank or the Service Providers through the Service using your mobile device.
9.2 Mobile Deposit Service Terms
All deposits made using the Mobile Deposit Service are subject to review and may be accepted or rejected at the Bank's discretion. The Bank reserves the right to grant a higher limit or reduce mobile deposit limits at any time, including limits different from those noted above, at the sole discretion of the Bank. Subject to the foregoing daily limit on the deposit amount, there is no daily or periodic limit on the number of Original Checks you may deposit through the Mobile Deposit Service.
You agree to scan and deposit only U.S. dollar Original Checks (i.e., drafts drawn in U.S. dollars on a U.S. bank, credit union, or savings and loan, and payable on demand).
You agree that you will not use the Mobile Deposit Service to deposit Original Checks:
(a) Payable to any individual or entity other than you (including, without limitation, payable to another party and endorsed to you);
(b) Payable to you and another party who is not a joint owner on your Bank Account; or
(c) Containing evidence of alteration, or that you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn.
9.3 Image and Original Check Requirements
Each Image you submit through the Mobile Deposit Service must include all information on the front and back of the Original Check that was present at the time presented to you by the drawer, including, without limitation, information about the drawer and the paying bank that is preprinted on the Original Check, MICR information, signature(s), any required identification written on the front of the Original Check, and any endorsements applied to the back of the Original Check. Without limiting the foregoing, the image quality of the Image must comply with the requirements established from time to time by the Bank, the American National Standards Institute, the Board of Governors of the Federal Reserve System, and any other applicable regulatory agency, clearing house, or association.
You must sign your name or use an endorsement stamp on the back of your check and also write "First Republic Mobile Deposit" beneath your endorsement. Any items not properly endorsed may not be accepted via mobile check deposit. Endorsements must be made on the back of the Original Check or share draft within one and one-half (1½) inches from the top edge, although the Bank may accept endorsements outside this space. Any loss the Bank incurs from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.
An Original Check payable to two payees must be endorsed by both payees. If an Original Check is payable to you or a joint owner of your Bank Account, but not both, either you or such joint owner may endorse such Original Check. If an Original Check is made payable to both you and a joint owner of your Bank Account, both you and such joint owner must endorse such Original Check.
9.4 Your Responsibility
You are solely responsible for the quality, completeness, accuracy, validity, and integrity of all Images. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect, or illegible images to the Bank or if your Credentials are used by authorized or unauthorized persons to submit fraudulent, unauthorized, inaccurate, incorrect, or otherwise improper or unusable Images to the Bank through the Mobile Deposit Service.
9.5 Receipt of Deposit
All Images processed for deposit through the Mobile Deposit Service by the Bank or the Service Providers will be treated as "Deposits" under your current Account Disclosures and other agreements between you and the Bank and will be subject to all terms of such agreements. When the Bank or the Service Providers receive an Image, the Bank or such Service Provider will confirm receipt via email to you. Images submitted after 4:00 p.m. Pacific Time on a Business Day or at any time on a non-Business Day may not be processed until the following Business Day. The Bank shall not be deemed to have received an Image for deposit until the Bank or the Service Provider has confirmed receipt to you. Confirmation of receipt does not mean that the Image contains no errors. The Bank is not responsible for any Image that the Bank does not receive.
Following receipt of an Image, the Bank may process the Image by preparing a substitute check or clearing the item as an image.
The Bank reserves the right, at its sole and absolute discretion, to reject any Image for the Mobile Deposit Service. The Bank or the Service Provider will notify you of rejected Images.
9.6 Original Checks
After you receive confirmation that the Bank has received an Image, you must securely store the Original Check for seven (7) days after transmission of such Image to the Bank and, at the Bank's request, make the Original Check accessible to the Bank or the Service Provider. Upon such request, you will deliver such Original Check to the Bank within seven (7) days, at your expense. If you do not deliver such Original Check to the Bank within such period, the corresponding amount of deposit will be reversed from your Bank Account. Promptly after such period expires, you must destroy the Original Check by cross-cut shredding or another commercially acceptable means of destruction. After destruction of an Original Check, the Image will be the sole evidence of the Original Check.
You agree that you will never re-present the Original Check. You understand that you are responsible if anyone is asked to make a payment based on an Original Check that has already been paid.
9.7 Returned Deposits
Any credit to your Bank Account for Original Checks deposited using the Mobile Deposit Service is provisional. If Original Checks deposited through the Mobile Deposit Service are dishonored, rejected, or otherwise returned unpaid by the drawee bank, or are rejected or returned by a clearing agent or collecting bank, for any reason, including, without limitation, for issues relating to the quality of the Image, you agree that such Original Check will not be returned to you, but that the Bank may charge back the amount of such Original Check and provide you with an image of the Original Check, a paper reproduction of the Original Check, or a substitute check. You will reimburse the Bank for all loss, cost, damage, or expense caused by or relating to the processing of the returned item. Without the Bank's approval, you shall not attempt to deposit or otherwise negotiate an Original Check if it has been charged back to you.
The Bank may debit any of your Bank Accounts or Affiliate Accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item, or for any warranty claim related to such item, whether or not the rejection, return, adjustment, or warranty claim was timely made.
9.8 Availability of Deposited Funds
First Republic Bank Mobile Deposit items are subject to a hold and may not be available for immediate withdrawal. Items transmitted using this service are not subject to the Expedited Funds Availability Act and requirements of Federal Reserve Board Regulation CC. Funds from deposits made through the Mobile Deposit Service will generally be available for withdrawal by the second Business Day after the day of deposit. However, the Bank may apply longer delays to the availability of funds based on such factors as your account management, transaction and experience information, the length and extent of your relationship with the Bank and such other factors as the Bank, in its sole discretion, deems relevant. If longer delays apply the Bank will notify you accordingly.
9.9 Mobile Deposit Service Security
Upon initiating a deposit through the Mobile Deposit Service, you will complete such deposit promptly. If you are unable to complete such deposit promptly, you will ensure that your mobile device remains securely in your possession until such deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify Account Services immediately as described in Section 2.14 if you learn of any loss or theft of Original Checks. You will ensure the safety and integrity of Original Checks from the time you receive such Original Checks until the time of destruction.
10. Travel Notifications Service
10.1 Description
The Travel Notifications Service allows you to inform the Bank about your travel plans, enabling you to use your Bank Visa ATM Debit Card outside your state or country for the duration of your travel. Your Travel Notice will be processed within one (1) Business Day.
10.2 Travel Notifications Service Terms
Submitting a Travel Notice does not entirely eliminate the possibility that a transaction will be declined at the point of sale. If a transaction is declined, the Bank may, but is not required to, try to use any alternative means of contacting you that you have provided to the Bank.
To contact the Bank while traveling, please contact Customer Care as described in Section 2.14.
11. Stop Payment Service
11.1 Description
The Stop Payment Service allows you to request, view, and release Stop Payments on checks written from your Bank Accounts. Stop Payments remain active for three (3) years.
11.2 Stop Payment Terms
The Bank will honor a Stop Payment that is delivered in writing (including, without limitation, electronically) once the Bank has had an opportunity to act upon it. A Stop Payment delivered in writing must contain the exact amount, item number, Bank Account number, and name of the payee. In some cases, the Bank may require other information in order to effectively honor a Stop Payment. At the Bank's option, the Bank may accept and honor a Stop Payment delivered orally, but any such acceptance shall not act as a waiver of this Section 10. The Bank may require a written Stop Payment even after previously accepting an oral Stop Payment. Renewals and revocations of Stop Payments delivered orally must be delivered in writing.
11.3 Fees and Charges
Each Stop Payment delivered electronically will be subject to a fee, pursuant to the then-current Account Disclosures.
12. Definitions
"Account Aggregation Service" means the Service's account aggregation feature, as described in Section 4.1.
"Account Disclosures" means, collectively, the Bank's "Consumer and/or Business Account Disclosure and Agreement" and the "Schedule of Fees and Charges for Consumer and/or Business Accounts," each as may be amended from time to time.
"Account Statement" means a summary of financial transactions which have occurred over a given period on a Bank Account, such as a checking account statement, savings account statement, or loan statement.
"Account-to-Account Transfer" means a transfer of money between a Preauthorized Bank Account and a Preauthorized External Account.
"Account-to-Account Transfer Service" means the Service's feature with which you may initiate Account-to-Account Transfers, as described in Section 6.2.
"ACH Network" means the funds transfer system, governed by the NACHA Rules, which provides funds transfer services to participating financial institutions.
"ADR Administrator" means the Judicial Arbitration and Mediation Services, the American Arbitration Association, or an established alternative dispute resolution administrator mutually agreed upon by the Parties.
"Affiliate" means, as to any individual or entity, any other individual or entity that, directly or indirectly through one or more intermediaries, is in control of, is controlled by, or is under common control with, such individual or entity. For purposes of this definition, "control" of an entity means the power, directly or indirectly, either to: (a) vote fifty percent (50%) or more of the securities having ordinary voting power for the election of directors (or persons performing similar functions) of such entity, or (b) direct or cause the direction of the management and policies of such entity, whether by contract or otherwise.
"Affiliate Account" means a securities account maintained through First Republic Securities Company, as introducing broker, that is owned by you and to and from which you are authorized to initiate and accept transfers. "Affiliate Account" includes securities accounts to which you have granted discretion to First Republic Investment Management.
"Aggregated External Accounts" means your Bank Accounts, Affiliate Accounts, and accounts and financial relationships with third parties that have been designated by you to be aggregated as part of the Account Aggregation Service.
"Agreement" means these Digital Terms of Use.
"Bank" means First Republic now part of JPMorgan Chase. “JPMorgan Chase” means JPMorgan Chase Bank, N.A., its subsidiaries, affiliates, successors and/or assigns.
"Bank Account" means a checking, savings, direct deposit, certificate of deposit, or loan account, in each case that is with the Bank and owned by you.
"Bill Pay Service" means the Service's feature with which you may initiate Bill Pay Transfers, as described in Section 6.4.
"Bill Pay Transfer" means a transfer of money from your Bank Account to a third party for the purpose of paying bills.
"Biller" means either: (a) the individual or entity to which a Bill Pay Transfer is to be directed, or (b) the individual or entity from which you receive electronic bills.
“Business” means any person or entity other than a Consumer with an Eligible Transaction Account that utilizes the Account-to-Account Transfer Service.
“Business Account” means an Eligible Transaction Account that is not a Consumer Account used primarily for business purposes and not for personal, family or household purposes.
"Business Day" means every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.
“Consumer” means a person (not a business or other entity) with an Eligible Transaction Account primarily for personal, family or household purposes.
"Consumer Account” means an Eligible Transaction Account used by a person (not a business or other entity) primarily for personal, family or household purposes.
"Content" means any information, data, materials, or other content you provide to the Bank through the Site or otherwise in relation to your use of the Service.
"Credentials" means a user ID, password, biometric authentication information, or other login or access information.
"Due Date" means the date reflected on your Biller statement for which the applicable payment is due. For the avoidance of doubt, the Due Date is not the late payment date or the date beginning or during any grace period.
"Eligible Transaction Account" means a Transaction Account from which your External Transfers will be debited, your Service fees (if any) will be automatically debited, or to which your payments and credits to you will be credited, that is eligible for the External Transfer Services. Depending on the particular External Transfer Service, an Eligible Transaction Account may include a checking, money market, or other direct deposit account with the Bank, to and from which you are authorized to initiate and accept External Transfers as supported by the External Transfer Services.
"Exception Payments" means payments to deposit accounts or brokerage accounts, payments to settle securities transactions (including, without limitation, stocks, bonds, securities, futures (forex), options, or an investment interest in any entity or property).
"External Account" means a checking, money market, or other direct deposit account, credit card account, or debit card account with an external financial institution, in each case that is owned by you and to and from which you are authorized to initiate and accept External Transfers.
"External Transfer" means, collectively, Account-to-Account Transfers, Bill Pay Transfers, and Zelle® Transfers.
"External Transfer Services" means, collectively, the Account-to-Account Transfer Service, the Bill Pay Service, and the Zelle® Payment Service, as described in Section 6.
"First Republic Group" means, collectively, the Bank, First Republic Investment Management, and First Republic Securities Company.
"First Republic Investment Management" means First Republic Investment Management Inc. Effective October 1, 2023, First Republic Investment Management Inc. is now J.P. Morgan Private Wealth Advisors LLC.
"First Republic Securities Company" means First Republic Securities Company, LLC. Effective October 1, 2023, First Republic Securities Company, LLC has merged into J.P. Morgan Securities LLC."Image" means a digital image and associated transaction information.
"Internal Transfer" means a transfer of money between two Preauthorized Bank Accounts and/or between a Preauthorized Bank Account and a Preauthorized Affiliate Account.
"Internal Transfer Service" means the Service's feature with which you may initiate an Internal Transfer, as described in Section 5.
"Mobile Deposit Service" means the Service's mobile remote deposit feature with which you may make deposits to your Bank Accounts by scanning Original Checks and delivering Images to the Bank or the Service Providers using your mobile device.
"Network Financial Institutions" means financial institutions that have partnered with Zelle®.
"Online Statements" means Account Statements that the Bank or the Service Providers deliver or make available to you electronically through the Service.
"Online Statements Service" means the Service's feature by which you may receive periodic Online Statements, as described in Section 8.
"Original Check" means a check that may be deposited through the Mobile Deposit Service.
"Parties" means, collectively, the Bank and you.
"Payment Instruction" means the information provided for an External Transfer. Payment Instructions for Bill Pay Transfers must include, without limitation, the Biller name, Biller account number, and Scheduled Payment Date.
"Payment Network" means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.
"Preauthorized" means, in relation to a Bank Account or Affiliate Account, that such Bank Account or Affiliate Account has been authorized by all necessary parties to initiate and accept Internal or External Transfers, as the context requires.
"Privacy Policy" means the privacy and security information posted on the Site at https://www.firstrepublic.com/privacy/policy.
"Receiver" is a person or business entity that is sent a Payment Instruction through the Zelle® and Other Payment Services.
"Related Persons" means the Bank, the Service Providers, and their respective subsidiaries and Affiliates, successors, and assigns, and all officers and employees thereof.
"Requestor" is a person that requests an individual to initiate a Payment Instruction through the Zelle® and Other Payment Services.
"Recipient Identifie" means the account number, email address or mobile telephone number you provide for the party to whom you are initiating an External Transfer.
"Scheduled Payment" means a Bill Pay Transfer that has been scheduled through the Bill Pay Service, but has not begun processing.
"Scheduled Payment Date" means the day you specify through the Bill Pay Service for your Biller to receive your Bill Pay Transfer. If the specified date falls on a non-Business Day, the Scheduled Payment Date will be considered to be the previous Business Day.
"Sender" is a person or business entity that sends a Payment Instruction through the Zelle® and Other Payments Service
"Service" means the features, including the functions and services, offered by the Bank to you through the Site.
"Service Provider" means independent contractors or other third parties that the Bank has engaged to render some or all of the Service to you on the Bank's behalf.
"Site" means any channel used to access the Service, including, without limitation, the Bank's digital banking site, mobile applications, and any third-party software through which the Service is provided.
"Stop Payment" means a request from you to stop payment on a check.
"Stop Payment Service" means the Service's feature with which you may issue Stop Payments, as described in Section 11.
"Transaction Account" means a Bank Account that is a checking or savings account.
"Transaction Cleansing and Categorization Service" means the Service's transaction history cleansing and categorization feature, as described in Section 4.2.
"Travel Notice" means a notice submitted to the Bank providing information about your upcoming travel plans.
"Travel Notifications Service" means the Service's feature with which you may inform the Bank about your travel plans, as described in Section 10.
"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”.
ARE NOT FDIC INSURED │ARE NOT BANK GUARANTEED │ MAY LOSE VALUE