"Due Date" is the date reflected on Customer's Payee Statement for which the payment is due, and which is the actual due date, not a late date and not including any grace period.

"Electronic Funds Transfers" or "Transfers" means ATM withdrawals, preauthorized transactions, POS transactions, and transfers to and from your Accounts using Online Banking Services, including the Bill Pay Service.

"Mobile Banking" means a method of banking at Quad Cities Bank and Trust in which transactions are conducted using a mobile device.

"Mobile Banking App" or "Mobile Banking Application" means the mobile application through which you can conduct Mobile Banking Services.

"Mobile Banking Services" means any Online Banking Service conducted through a mobile device.

"Mobile Check Deposit" or "Mobile Check Deposit Service" means using a camera in a mobile device to deposit a check, as described in the "Mobile Check Deposit Service" section hereto.

"NACHA" means National Automated Clearing House Association.

"Online Banking" means a method of banking at Quad Cities Bank and Trust in which you can conduct transactions electronically through the Internet.

"Online Banking Services" means the various services provided pursuant to this Agreement.

"Outbound Transfer" means a Transfer from your Account at Quad Cities Bank and Trust to an External Account.

"Pay from Account" means the account from which funds will be sent.

"Pay to Account" means the account to which funds will be transferred.

"Payee" is the person or entity to which Customer desires a payment to be directed by utilizing the Bill Payment Service or is the person or entity from which Customer receives electronic bills, as the case may be.

"Payee Account Number" is the account number assigned to Customer by a Payee.

"Payee Statement" is a statement received by Customer from a Payee indicating the amount Customer must pay to the Payee.

"Payment Instruction" is the information Customer provides to Bank through the Bill Payment Service instructing that a payment should be made to a Payee, which includes, (in addition to other information), Customer's Payee Account Number, Payee name, Payee address, Payee phone number, the amount of the payment and the Scheduled Payment Date.

"PIN" means personal identification number.

"Scheduled Payment" is a payment that has been scheduled through the Bill Payment Service but has not begun processing.

"Scheduled Payment Date" is the day Customer designates in a Payment Instruction that Customer desires a Payee to receive Customer's bill payment, unless the Scheduled Payment Date falls on a non-Business Day in which case the actual Scheduled Payment Date will be considered to be the next Business Day.

"Security Procedures" mean the Access Credentials and other procedures Bank will follow to confirm the authenticity of requests within the Service.

"Service Provider" means a third-party company engaged by Quad Cities Bank and Trust that provides services with respect to one or more Online Banking Services.

"Site" means the electronic location (for example, website or mobile application) accessed through an Access Device to access an Online Banking Service.

"Text Banking" means your ability to request and obtain limited information regarding your Accounts from a mobile device through text messaging.

"Written Instructions" means Instructions actually received by Bank by letter, electronic communication, through the System or via such other methods as Bank may authorize from time to time.

NOTE: The words "we", "our", and "us" mean Quad Cities Bank and Trust, affiliates, successors, and assigns. "You" and "your" mean the Customer/Accountholder authorized by Quad Cities Bank and Trust to exercise control over the through Online Banking.

Online Banking Requirements

To access your accounts through Quad Cities Bank and Trust Online Banking, you must be an account holder or an authorized signer on at least one active account. You must have access to Internet service, and an active email address. Enrollment is required prior to accessing the Online Banking application and you must meet the enrollment requirements. Your access device must have a supported operating system and browser.

Access to the Online Banking under the age of 13 is not permitted.

Certain Online Banking Services have additional Terms and Conditions that require acceptance before utilizing.

Account Access

Online Banking can be used to access only the Accounts on which you are an Accountholder or an authorized signer. You can use Online Banking to check your Account balances, search for transactions, view checks, transfer funds between your Quad Cities Bank and Trust Accounts, and to the extent available to you, perform external transfers, make loan payments, retrieve current Account statements, request stop payments, and request access to certain additional Online Banking Services. You can add or delete any of your Accounts by contacting us.

To the extent we permit, you may request access to additional services we provide through Online Banking. Some services are delivered via the Mobile Banking App. You agree to the additional terms set forth herein, including any updates to those terms that we may make from time to time.

Your access to Online Banking and/or any of the additional Online Banking Services may be terminated as provided in the "Termination" and "Cancellation" sections of this Agreement.

Hours of Access

Online Banking is available seven days a week, twenty-four hours a day. Some Online Banking Services are subject to our Business Hours and processing cutoff times. At certain times, the Service may not be available due to planned system maintenance or circumstances beyond Bank's control. During these times, you may use Bank's Telephone Banking number at 563-344-0600, a Bank automated teller machine or a Bank location to obtain information about Accounts.

Login Credentials

Once your enrollment has been approved, Login Credentials will be created by you. You must establish a new password upon your initial login to Online Banking.

You must create a password that meets the security requirements we establish. Your password should not be any commonly known personal identification information, such as Social Security number, address, date of birth, or name of friend or family member. Your password cannot contain any part of the Internet Banking ID you establish. Your password should be memorized rather than written down. Access Credential passwords are encrypted and will not be known by us.

You accept responsibility for the confidentiality and security of your Access Credentials, including but not limited to your password, access to your device(s) used for access and any future Access Credentials we may require. You agree to change your password regularly when prompted to do so. Your Online Banking access will be locked with three unsuccessful attempts to login. You may use the self-password reset option to authenticate your access and select a new password. Your access may be disabled or locked due to excessive failed logins or inability to complete a self-password reset or successfully change your password.

If you give someone else any of your Access Credentials or otherwise allow someone to have any of your Access Credentials, you are authorizing that person to use your Online Banking, and you are responsible for all the transactions that person performs with your Access Credentials. You authorize us to act on the instructions provided utilizing your Access Credentials and agree that all transactions by persons you have permitted to use or otherwise provided your Access Credentials to, whether or not they were transactions you intended or wanted performed, are authorized transactions, and you will be bound by them. Transactions that you or someone acting with or for you initiate with fraudulent intent are also authorized transactions and you will be bound by them.

Your Role in Protecting Your Information

Your role is essential in preventing misuse of your Accounts through Online Banking. You agree to, (a) promptly examine your statement for each of your accounts as soon as you receive it; and (b) protect the confidentiality of your Account and Account number and your personal identification information, such as your driver's license number and Social Security number. Personal identification information together or by itself with information related to your Account, may allow unauthorized access to your account. We have the right to monitor access to Online Banking, including any transactions made through Online Banking for fraud detection purposes, but we have no obligation to do so.

Security

Your Access Credentials are intended to provide security against unauthorized entry or access to your Accounts. Data transferred through Online Banking and our Mobile Banking Application is encrypted in an effort to provide transmission security. Even with our efforts to make Online Banking secure, you acknowledge that the Internet is inherently insecure, and all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored or read by others. We cannot and do not warrant that all data transfers utilizing Online Banking, the Mobile Banking Application, or email transmitted to and from us, will not be monitored or read by others. This includes but is not limited to software, such as spyware or key loggers, which may reside on your access device, capturing information that could potentially compromise your security.

You are responsible for the selection, acquisition, installation, maintenance, and operation of your Device(s) utilized to access Online Banking, such as telephones, modems, computers, and software. You must use equipment that is compatible with our programs, systems, and equipment, which may change from time to time, with or without notice. We assume no responsibility for the defects or incompatibility of any Device(s) or software utilized in connection with Online Banking, even if we have previously approved their use.

We are not responsible for any errors, failures, or malfunctions of the Device used to access Online Banking or software or for any virus or related problems that may occur during your use of Online Banking or the Internet. It is your responsibility to keep your browser, software, and operating systems up-to-date and free of any viruses or malware. To the maximum extent permitted by law, we will not be liable for fraudulent banking activity related to access devices, including mobile devices, that do not maintain the native and most current operating system. We strongly recommend that you routinely scan your Access Device using up-to-date virus protection and malicious software detection products.  If you use a mobile device to access Online Banking, you must take precautions to protect the security of your Accounts when using that mobile device, including but not limited to (i) not leaving your mobile device unattended while logged into Online Banking; (ii) logging off immediately after using Online Banking; (iii) utilizing the lock function on your mobile device to prevent access to the mobile device by any unauthorized person; and (iv) ensuring that you maintain the most current operating system on your access device, in its native state without alteration.

When you visit one of our Sites, we or our Service Provider may receive certain standard information that your browser sends to every website you visit, such as the originating IP address, browser type and language, access times, referring website addresses, and other information. This data may be used, among other uses, to improve the operation of the Site and to improve the security of the Site and Online Banking Service by assisting in "authenticating" who you are when you access the Site or Online Banking Service. We or our Service Provider may also receive information about the pages you view, the links you click and other actions you take in connection with the Site and the Online Banking Service. This data may be used to improve the operation of the Site and the Online Banking Service.

Our Sites also use "cookies," which are small data files placed on an Access Device by the web server when you visit the Site. Most of these cookies are "session" cookies that are only used for a specific period during which you are on the Site, but a few are "persistent" cookies that stay on your hard drive and are read by the web server when you return to the Site (unless you erase them). The Site uses cookies to store your preferences and other information on your computer or other access device(s) in order to save you time by eliminating the need to repeatedly enter the same information and to display your personalized content on your later visits to the Site. These cookies are linked to personal information about you, such as your email address. Most web browsers automatically accept cookies, but you can modify your browser setting to decline cookies if you prefer. However, if you choose to decline cookies, you may not be able to sign in or use other interactive features of the Site that depend on cookies.

Online Banking Services

Bill Pay Service

1.     Overview. We provide the Bill Pay service through a Service Provider. The Service Provider processes bill payments and will provide certain customer service assistance. We will make the Bill Pay Service available to you at our discretion, and we may choose to terminate your ability to use the Bill Pay Service at our option.

2.     Designated Bank Account and Payee Requirements. You must designate (a) the Account from which the payments are to be made; (b) the complete name of the payee, your account number with the payee, and the payee's remittance address, all exactly as shown on the payee's billing statement or invoice; (c) the amount of the payment; and (d) the date you want the payment to be processed. This Agreement does not alter any of your liabilities or obligations between you and your payees. Some transactions may take longer to be credited to the account you hold with the payee due to circumstances beyond our control, particularly delays in handling and posting payments by payees or financial institutions. We are not responsible for delays that may occur after the payee receives the payment. If the date you want the payment to be processed is not a Business Day, your payment will be processed the previous Business Day. By using the Bill Pay Service, you agree, based upon instructions received under your password, we can charge your designated Account by Electronic Funds Transfer, "no signature required draft", or by debiting and remitting funds on your behalf. You also agree that any fees associated with the Bill Pay Service may be charged to any checking Account enrolled for the service. We reserve the right to refuse to pay any payee designated by you. If we do so, we will notify you promptly.

3.     Paper Checks. If the payee is to be paid by paper check (as indicated on the Bill Pay list), you understand and agree that paper checks are mailed to the payee, and the payee may not receive the payment until seven (7) to ten (10) Business Days after the date the payment is created, and your Account will be debited upon presentment of the check. Your Account may also be debited on a date sooner than the date selected as part of the transaction. You understand and agree we are not responsible for the timely delivery of mail or the improper transmission or handling of payments by a third party such as the failure of the bill payee to properly post a payment to your account with the payee.

4.     Electronic Payments. If the payee is to be paid electronically (as indicated on the Bill Pay list), you understand and agree the payee may not receive the payment until up to three (3) Business Days after the date the payment is created, and your Account will be debited immediately. You understand and agree we are not responsible for the improper transmission or handling of payments by a third party such as the failure of the bill payee to properly post a payment to your account with the payee.

5.     Payment Limits. We may establish limitations or make modifications to limits at our discretion or by approved request.

6.     Payees Outside of the U.S. Payments to payees outside of the United States or its territories or payments prohibited by law, including payments to unlawful Internet gambling sites, may not be made through the Bill Pay Service.

7.     Exception Payments. Tax payments and court-ordered payments are exception payments, which may be scheduled through the Bill Payment Service; however, you acknowledge and agree that such payments are discouraged and are scheduled at your own risk. IN NO EVENT WILL WE BE LIABLE FOR ANY CLAIMS OR DAMAGES RESULTING FROM YOU REQUESTING AND SCHEDULING ONE OF THESE TYPES OF PAYMENTS. We are not required to research or resolve any claim resulting from an exception payment. You acknowledge and agree that all research and resolution for any misapplied, incorrectly posted, or misdirected payments will be your sole responsibility.

8.     eBill User Acknowledgements. The Bill Pay Service also allows you to receive and pay bills electronically using "eBills". If you activate this feature, you agree to and acknowledge the following:

·          Activation. Upon activation of the electronic bill feature, we may notify the payee of your request to receive electronic billing information. We may, at the request of the payee, provide to the payee your email address, service address, or other data specifically requested by the payee at the time of activation of the electronic bill for that payee for purposes of the payee informing you about bill information. Each electronic payee has the right to accept or deny your request to receive electronic bills. You will receive a payee's bills electronically through the Bill Pay Service only if you have designated it as a payee and the payee has arranged with our Service Provider to deliver bills electronically. The presentment of your first electronic bill for a payee may vary from payee to payee and may take up to sixty (60) days, depending on the billing cycle of each payee. Additionally, the ability to receive a paper copy of your statement(s) is at the option of the payee. While the electronic bill feature is being activated, it is your responsibility to keep your accounts current.

·          Enrolling a Payee in eBill. Your activation of the electronic bill feature for a payee authorizes us to obtain bill data from the payee on your behalf. For some payees, you will be asked to provide us with your access credentials for that payee. You authorize us to use the access credentials to obtain your bill data.

·          eBill Notification. We will use commercially reasonable efforts to provide all of your electronic bills promptly. In addition to notification within the Bill Pay Service, we may send an email notification to the email address listed for your Account. It is your sole responsibility to ensure that this information is accurate. If you do not receive notification, it is your responsibility to periodically logon to the Bill Pay Service and check on the delivery of new electronic bills. The time for notification may vary from payee to payee. You are responsible for making sure that your bills are paid on time.

·          Cancellation of eBill Notification. The electronic payee 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 payee to payee, and it may take up to sixty (60) days, depending on the billing cycle of each payee. The Bill Payment Service will notify your electronic payee(s) as to the change in status of your account, and it is your sole responsibility to make arrangements for an alternative form of billing. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

·          Non-Delivery of Electronic Bill. You agree to hold us harmless should the payee fail to deliver your electronic bill. Copies of previously delivered bills must be requested from the payee directly.

·          Accuracy and Dispute of Electronic Bill. We are not responsible for the accuracy of your electronic bill(s). We are only responsible for presenting the information that we receive from the payee. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the payee directly.

9.     Person-to-Person (P2P) Transfers: Electronic person-to-person (P2P) payment allows you to pay any person using the Recipient's email address or mobile number, without the hassle of checks or cash. The Recipient must have an account in the United States that can receive ACH transactions. Please see section 5 on Payment Limits. 

The Recipient will receive an email or text message letting them know you sent them money. If the Recipient accepts the transfer using their checking or savings account and routing number, the Recipient will typically receive the money in one to two (1-2) Business Days. 

10.  Cancellations: To cancel a bill payment you have scheduled through Online Banking; you must cancel the payment through Online Banking (by following the on-screen instructions) before 2:00 p.m. (Central Time) on the day before the payment is scheduled to be debited from your Account. Once the bill payment has been debited from your Account, you CANNOT cancel or stop a bill payment which has been paid electronically. You may be able to place a stop payment for an Online Banking bill payment paid by a paper draft by contacting us by telephone before the paper draft has cleared. (You will have to contact us by telephone to determine if the paper draft has cleared.) If the paper draft has not cleared, we will immediately process your stop payment request. We will notify you promptly if the paper draft has already cleared. To be effective, this type of cancellation/stop payment request must precisely identify (a) the name of the payee; (b) the payee-assigned account number; (c} the amount; (d) scheduled date of the payment; and (e) the check number from the "Bill Payment History Screen".  Zelle transactions may differ.  Please see Zelle Terms and Conditions below.

Interbank Transfer Service

1.     Overview. Interbank Transfer Service is an electronic service that, to the extent made available to you, allows you to transfer funds between your Account at Quad Cities Bank and Trust and an external account that you own at another financial institution. This section affects your rights, and you should read it carefully. Any Account accessed through Interbank Transfers is also subject to the Account Terms and Conditions. You should review the Account Terms and Conditions carefully, as they may include transaction limitations and fees that might apply to your use of Interbank Transfers. 

2.     Eligibility and Verification. Individuals with an Account at Quad Cities Bank and Trust, and who own an External Account at another financial institution, are eligible to enroll for the Interbank Transfer Service. Enrollments are subject to review and approval. Other restrictions and eligibility requirements may apply as described in this Agreement or other disclosures. Note that your External Account may be subject to transaction limitations. You authorize us, directly or through third parties, to take any steps we consider necessary to verify that you own the External Account and we may require additional verification of your ownership of any External Account, by any reasonable method, at any time. This may include asking you for further information, requiring you to take steps to confirm ownership of your External Account, ordering a credit report and verifying your information against third party databases or through other sources.

To use the Interbank Transfer Service, you must have an established relationship in good standing. You must register each External Account that you wish to use for the Interbank Transfer Service and provide the routing and account number for each External Account. You must follow instructions we provide for verification of your External Account, which may include providing us with the amounts of small, randomly generated deposits sent to your External Account. You understand and agree that we may remove any randomly generated deposits sent to an External Account at any time and without notice to you. We may limit the number of External Accounts that you may register. 

3.     Representations. By using the Interbank Transfer Service, you represent to us that you are the owner of the External Account, that the External Account is a checking or savings account held at a domestic (U.S.) financial institution, that sufficient funds exist to complete the transfer, and that you have the authority to transfer funds between your Account at Quad Cities Bank and Trust and the External Account. You further represent that any Interbank Transfers are for consumer purposes, and not for commercial or business purposes, bill payments, or for the purchase of goods or services. You agree to obtain any and all permissions required by the financial institution at which your External Account is held prior to transferring funds to or from an External Account.

4.     Transfers. You may use the Interbank Transfer Service to conduct Inbound Transfers and Outbound Transfers. An Inbound Transfer moves funds into an Account with us from an External Account. An Outbound Transfer moves funds from an Account with us to an External Account. To create an Interbank Transfer, you must provide us with the Pay From Account, the Pay To Account, the transfer date, and the amount of funds you would like to transfer between the Pay From Account and the Pay To Account. You authorize us to charge your designated Pay From Account for each External Transfer that is approved. You agree to have sufficient available funds in your Pay From Account on the transfer date to cover each Interbank Transfer you make and any fees that might be associated with such transfer. We will not be obligated to make any transfer you may request unless there are sufficient available funds in your Pay From Account on the transfer date. You may make one-time or recurring Interbank Transfers. We are not responsible for any failure of another financial institution to timely credit or debit the External Account.

5.     Transfer Timing. Inbound Transfers are sent to the financial institution at which your External Account is held after the Cut-Off Time on the Transfer Date for processing and are subject to the processing times of the financial institution holding the External Account. Please allow two to three Business Days after the Transfer Date for the Inbound Transfer to be completed and the funds to be made available in your Pay To Account with us. Outbound Transfers will be deducted from the Pay From Account held by us on the Transfer Date. Please consult the financial institution at which your External Account is held for details on when the transfer will be completed and the transferred funds made available in your External Account. The "Cut-Off Time" of 2:30 p.m. Central Time will apply to Interbank Transfers. Interbank Transfers may be modified or cancelled prior to the Cut-Off Time on the Transfer Date. We may, at our discretion, if we believe your account is subject to fraudulent or impermissible activity, or if we reasonably believe there is a legitimate dispute or claim concerning your Account, freeze or place a hold on any portion of the funds we deem appropriate.

Other events may affect the timing or success of an Interbank Transfer. Such events may include (a) errors made by you in entering information; (b) inaccurate account number information; (c) delays in posting by the other financial institution; (d) acts of God; and (e) network interruptions. If we believe the transfer may be illegal, we may decline or reverse the transfer. Quad Cities Bank and Trust is not responsible for any delays in the transfer of funds or the posting of funds to your External Account.

6.     Accurate Information. It is your responsibility to provide us with the correct information for your External Account during the registration process. Interbank Transfers sent to an invalid or incorrect account number may not be recoverable. If you provide an invalid or incorrect External Account number to use, we are not responsible for returning funds that we cannot recover.

7.     Authorization. By using the Interbank Transfer Service, you authorize us to transfer funds electronically between your External Account and your Account at Quad Cities Bank and Trust according to your Transfer Instructions.

If the financial institution holding your External Account contacts us for information regarding your Account, you authorize us to discuss the transfer and the account information you have provided. If the external financial institution returns the transfer to us, you agree that we may credit or debit your Account to settle the return, and we may suspend or cancel access to your External Account in accordance with NACHA rules and our policies and procedures.

8.     Transfer Limits. You may send multiple transfers each day up to three transfers, if the total of all transfers does not exceed your daily limit. We may refuse to complete requested transactions through the Interbank Transfer Service at our discretion. The financial institution holding your External Account may also have limits on the number and type of transfers allowed. We reserve the right to suspend access to the Interbank Transfer Service as we deem necessary for security reasons. We may also reject any transfer request and may terminate your use of the Interbank Transfer Service for any reason including attempting insufficiently funded transfers.

Funds may be transferred to and from the Account from which you have authorized us to transfer funds. Such Transfers may create an overdraft on your Account or may result in a transfer from another Account to cover insufficient funds. In any of these situations, a transfer fee may be charged, as applicable. You will be responsible for any other transaction fees that apply to your Account.

9.     Other Rules and Regulations. All financial institutions have rules and regulations that govern their accounts. You agree not to transfer any funds to or from an External Account if the transaction is not permitted under any rule, regulation, or agreement applicable to your External Account or the financial institution holding your External Account. We are not responsible for any action or lack of action taken by the external financial institution that delays, inhibits, or prevents the posting of the transfer to the account.

10.  External Accounts. You should regularly review and update the information maintained about your External Account to ensure that it is accurate. Your Interbank Transfers will be included on the periodic statements we provide or make accessible to you for your Accounts with us. You should also review the statement for your External Account that is provided by the financial institution holding your External Account.

11.  Closed Account. Once you close your Account or your External Account, or if you no longer have access to Online Banking, you may no longer send transfers using the Interbank Transfer Service. However, we will keep your External Account information for a period of time to help with any later issues that may arise. 

Stop Payment Orders

Stopping the payment of a check is different from the cancellation of a bill payment. You may initiate stop

payment requests through Online Banking only for paper checks you have written or sent through bill payment on your Accounts (Electronic Bill Payments may not be stopped). To be effective, this type of stop payment request must precisely identify (a) the name of the payee; (b) the check number; (c) the amount; and (d) the date of the check.

If you make your stop payment request, you will be charged stop payment fees as disclosed in the current fee schedule for your applicable Account.

Alerts Service

Alerts allows you to receive a message by text, by email, or at login. Alerts can be set up for different types of transactions, checks or personal reminders. Alerts are a recommended tool that helps to detect and prevent fraud, since you can be notified the moment money is withdrawn from your Account, if you choose. In order to use Alerts, you must be the sole or joint owner of each Account for which you desire to set up Alerts and you must have full signing authority on the Account. If there is any change of ownership of any such Account, you must immediately notify us.

We may send any Alerts message through your communication service provider in order to deliver them to you. You agree that your communication service provider is acting as your agent in this capacity.

You must provide a valid mobile phone number or email address for Alerts and keep it up to date so that we may send you certain information about your Account. We will decide what information we make available through Alerts. You agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys' fees) arising from your provision of a phone number that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your responsibilities under this paragraph will survive termination of this Agreement.

The Alerts service is provided for your convenience and does not replace your monthly Account statement, which is the official record of your Accounts.

Alerts may not be encrypted and may include personal or confidential information about you, such as your Account activity or status. You must protect your Access Device that receives information through the Alerts service and not let any unauthorized person have access to the information we provide to you through Alerts. You must maintain the safety, security and integrity of the Access Device you use to access Alerts. You have total responsibility for any use of your Access Device, whether or not you have authorized such use and whether or not you are negligent. If you allow other people to use the Access Device, or to have access to your Access Device, that person may have access to your Alerts. You agree not to illegally use Alerts or the content or information delivered through Alerts.

Receipt of Account information through Alerts may be delayed or impacted by factor(s) pertaining to your phone carrier or other parties.

We will not be liable for losses or damages caused in whole or in part by your actions or omissions that result in any disclosure of Account information to third parties. Also, the Alerts service in no way creates any new or different liability for us beyond what is already applicable under your existing Account Terms and Conditions.

There is no separate fee to utilize Alerts but you are responsible for any and all charges, including, but not limited to, fees otherwise charged to your Account and fees from text messaging charged by your communications service provider. Message and data rates may apply. How often you receive messages depends on your preferences.

To cancel the Alerts service, you can manage your Alerts in Online Banking, send STOP to 226563 at any time, or call us at 563-344-0600. If you send STOP to 226563, only alerts sent to the mobile number assigned to your device will be stopped, and the Text Banking service will also be canceled.

You will never receive an Alerts message that asks you to send us any sensitive personal or financial information. If you ever receive such a request for sensitive personal or financial information — such as your Social Security Number, Account number, password, PIN number, or any other personal data - do not respond to the message and call us at 563-344-0600 to report the incident. 

Text Banking

Text Banking allows you to access limited Account information through text message. You must provide a valid mobile phone number for Text Banking and keep it up to date so that we may send you certain information about your Account. We will decide what information and transfers we make available through Text Banking. 

We may send any Text Banking message through your communication service provider in order to deliver them to you. You agree that your communication service provider is acting as your agent in this capacity.

The Text Banking service is provided for your convenience and does not replace your monthly Account statement, which is the official record of your Accounts.

The Text Banking service may not be encrypted and may include personal or confidential information about you, such as your Account activity or status. You must protect your Access Device that receives information through the Text Banking service and not let any unauthorized person have access to the information we provide to you through the Text Banking service. You must maintain the safety, security and integrity of the Access Device you use to send and receive text messages. You have total responsibility for any use of your Access Device, whether or not you have authorized such use and whether or not you are negligent. If you allow other people to use the Access Device, or to have access to your Access Device, you will be held responsible for any transactions they request and we will not be liable for any of your damages. You agree not to illegally use the Text Banking service or the content or information delivered through the Text Banking service.

Receipt of Account information through the Text Banking service may be delayed or impacted by factor(s) pertaining to your phone carrier or other parties.

We will not be liable for losses or damages caused in whole or in part by your actions or omissions that result in any disclosure of Account information to third parties. Also, the Text Banking service in no way creates any new or different liability for us beyond what is already applicable under your existing Account Terms and Conditions.

There is no separate fee for the Text Banking service but you are responsible for any and all charges, including, but not limited to, fees otherwise charged to your Account and fees from text messaging charged by your communications service provider. Message and data rates may apply. How often you receive messages depends on your preferences.

To cancel the Text Banking service, you can manage your enrollment in Online Banking or send STOP to 226563 at any time. If you send STOP to 226563, the Alerts service will also be canceled.

You will never receive a Text Banking message that asks you to send us any sensitive personal or financial information. If you ever receive such a request for sensitive personal or financial information — such as your Social Security Number, Account number, password, PIN number, or any other personal data - do not respond to the message and call us at 563-344-0600 to report the incident.

Mobile Banking Service

We provide a Mobile Banking App, which allows you access to some Online Banking Services. To use the Mobile Banking App, you must be enrolled for Online Banking and must have a compatible mobile device equipped to access the Internet. You may also be required to accept an additional agreement when you install the Mobile Banking App.

Additional charges may apply for use of your mobile device or Internet usage, depending on your wireless carrier. Please consult your wireless provider/carrier for details on correlated rates and charges.

All Online Banking terms and conditions applicable to features available in the Mobile Banking App apply to your use of the Mobile Banking App. 

Mobile Check Deposit Service

Bank's ("Bank") Mobile Check Deposit service ("MCD Service") is designed to allow you to make deposits to your Quad Cities Bank and Trust Account(s) from your camera-enabled device capable of capturing check images and information and electronically delivering the items and associated deposit information to the Bank's designated processor. The device must capture an image of the front and back of each check to be deposited; must read and capture the magnetic ink character recognition ("MICR") line on each check; and must read and capture all other data and information as is required by this Agreement or Federal Reserve regulations for the processing of these checks for payment.

Hardware and Software Requirements. You must have a camera-enabled mobile device with either a wireless plan from a compatible mobile wireless provider or wireless Internet access. You must also use a compatible operating system (currently iOS or Android). The Bank may change these specifications and/or requirements from time to time. The Bank is not responsible for any third party software you may need to use the MCD Service. You agree that you will perform, or cause to be performed by properly trained personnel, all mobile device recommended maintenance, repairs, upgrades and replacements. Unless otherwise provided in this Agreement, you are solely responsible, at your own expense, for purchasing, installing, operating, testing and maintaining all hardware and software necessary to use the MCD Service. You must install and test your mobile device, your system, and any other required hardware and software before you make your first deposit through the MCD Service. You accept any such software "as is" and subject to the terms and conditions of the software agreement that you enter into directly with the third party software provider at the time of download and installation. The Bank is not responsible for, and you release the Bank from any and all claims or damages resulting from, or related to, any computer virus or related problems that may be associated with using the MCD Service, email or the Internet. You agree that all images and files transmitted to the Bank through the MCD Service will contain no viruses or any other disabling features that may have an adverse impact on the Bank's network, data, or related systems.

Deposit Limits. The Bank reserves the right to establish and assign to you deposit limits for the MCD Service and to modify such limits from time to time without notice in the Bank's sole discretion, and you agree to comply with all such limits. Deposit limits are set per user not per deposit account enrolled in the MCD Service. This service will be made available to you after you have successfully enrolled in Online Banking, Mobile Banking and the Mobile Check Deposit Service. There is no limit on the number of checks that can be deposited.

Fees and Charges. The Bank currently offers the benefits and convenience of this service to you at no additional charge. The Bank reserves the right to charge fees for this service in the future.

Endorsements and Procedures. You agree to sign/endorse and restrictively endorse any item transmitted through the MCD Service as " For QCBT MOBILE DEPOSIT ONLY." You agree to follow any and all other procedures and instructions for use of the MCD Service as the Bank may establish from time to time. 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. For a check payable to you and any joint owner(s) of your Bank account, the check must be endorsed by all such payees and you may only use the MCD Service to deposit such check into a Bank account jointly owned by all such payees. If the check is payable to you or your joint owner (i.e. pay to John Doe or Jane Doe, either of you can endorse it. If the check is made payable to you and any non-joint owner (i.e. pay to John Doe and Jane Doe), you may not deposit the check into your Bank account using the MCD Service.

Check Requirements (Including Image Quality). The item transmitted to the Bank using the MCD Service must be legible and contain images of the front and back of the check. The image quality of the items must comply with the requirements established by the American National Standards Institute ("ANSI"), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. These requirements include, but are not limited to, ensuring the following information can clearly be read and understood by sight review of the check image: the amount of the check (both written and numeric); the payee; the signature of the drawer (maker); the date; the check number; the information identifying the drawer and the paying financial institution that is preprinted on the check including the MICR line; and all other information placed on the check prior to the time an image of the check is captured (such as any required identification written on the front of the check and any endorsements applied to the back of the check).

Types of Checks. Checks that cannot be deposited through the service include but are not limited to the following:

a)       Checks payable to any person or entity other than you;

b)       Checks containing any alteration of which you know or believe to be fraudulent or not authorized by the owner of the account on which the check is drawn;

c)       Checks written on an account at a financial institution located outside the United States;

d)       Checks not payable in United States currency;

e)       Savings bonds;

f)         Travelers checks;

g)       Stale dated (issue date of 180 days or more in the past);

h)       Checks previously deposited in another account at any financial institution.

Rejection of Deposits and Funds Availability. We reserve the right to reject any check transmitted through Mobile Check Deposit, at our discretion, without incurring any liability to you. We are not responsible for items we do not receive or for items that are dropped during transmission. An item shall be deemed received when you receive a confirmation from us that we have received the item. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. We further reserve the right to charge back to your account at any time, any item that we subsequently determine was not an eligible check. We are not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible check. Following receipt, we may process the item by preparing a "substitute check" or clearing the check as an image. The manner in which the checks are cleared, presented for payment, and collected shall be in our sole discretion, subject to the account agreement governing your account. If the Bank rejects a check for mobile deposit, you must physically deposit the original check.

In general, if an item you transmit through the MCD service is received and accepted before 6:00 p.m. Central Time on a business day, we consider that day to be the day of your deposit. Otherwise, we will consider that your deposit was made on the next business day. Funds deposited using the MCD service will generally be made available on the next business day from the day of the deposit. We may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as we, in our sole discretion, deem relevant.

Unpaid Checks. Should an original check be requested by the Bank within 30 days of transmission of the check image to the Bank and you fail to produce it within two business days, you authorize the Bank to deduct that amount from your account. You are solely responsible for verifying that checks you deposit by using the MCD Service have been received and accepted for deposit by the Bank. In the event that the Bank credits your account for a check that is subsequently dishonored and returned, you authorize the Bank to debit the amount of such check plus any associated fees from the account. To the extent that funds in your account are insufficient to cover such amount, the Bank shall debit the deficiency amount from any of your other account(s) with the Bank in its sole discretion. The Bank's right to charge your account(s) will apply without regard to whether the check was timely returned or whether there is any other claim or defense that the check was improperly returned. You understand and agree that since the original check is your property, it will not be returned and the Bank may charge back an image of the check, an ACH debit, or other electronic or paper debit, as applicable, to your account. You further agree that any image that the Bank charges back may be in the form of an electronic or paper reproduction of the original check or a substitute check. You may not use the MCD Service to deposit a substitute check and you may not deposit the original check through the MCD Service or in any other manner if you receive a dishonored check. You agree to comply with any additional instructions the Bank may provide to you in connection with returned checks.

Duty to Report Errors. The Bank will provide you with periodic statements that will list the deposits that you make through the MCD Service. In addition, you may access the Bank's Online Banking service for information about your deposits, returned items, deposit adjustments, checks and other transactions on your accounts. You agree that it is your responsibility to review all such information that the Bank makes available to you in a timely manner to verify that deposits made through the MCD Service have been received and accepted by the Bank and are accurate. Receipt of a check by the Bank through the MCD Service does not constitute an acknowledgement by the Bank that the check is error-free or that the Bank will be liable for the check. You agree to notify the Bank promptly of any errors, omissions, or discrepancies in a deposit within the time periods established in the Terms and Conditions of your Account. You agree to cooperate in any investigation by the Bank of any unsuccessful or lost transmission. Subject to applicable law, any failure by you to notify the Bank of any error, omission or other discrepancy in accordance with this Agreement and the Terms and Conditions of your Account shall relieve the Bank of any liability for such error, omission or discrepancy.

Availability of Service/Contingency. In the event you are unable to capture, balance, process, produce or transmit a file to the Bank, or otherwise comply with the terms or the procedures for any reason, including but not limited to, communications, equipment or software outages, interruptions or failures, you will transport or mail the originals of all checks to the closest Bank location. The deposit of original checks at an office of the Bank shall be governed by the Terms and Conditions of your Account and not by the terms of this Agreement.

Storage, Security and Destruction/Disposal of the Checks. After you receive confirmation that the Bank has received an image, you must securely store the original check for 30 calendar days after transmission to the Bank and make the original check accessible to the Bank upon request. At the Bank's request, you will deliver to the Bank within two business days, at your expense, the requested original check in your possession. If not provided within two business days, such amount will be reversed from your account. Promptly after the 30-calendar day retention period expires, you must destroy the original check by first marking it "VOID" and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of the 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.

Presenting Checks More Than Once. Once you have used the MCD Service to deposit a check (and the check is processed by the Bank) you agree not to present, or allow anyone else to present, that original check or a substitute check of that original check again for deposit through the MCD Service or by any other means. If you or anyone else present a check or substitute check for deposit more than once, in violation of this Agreement, you agree to indemnify, defend and hold the Bank harmless from and against all liability and damages that may result from any claims, suits or demands from third parties with respect to such check or substitute check. You agree that the Bank may debit from your Bank account the aggregate amount of any checks that are deposited more than once.

Cancellation Requests. To request cancellation of a deposit you made using Mobile Check Deposit, please contact us at 563-344-0600. Cancellation of a deposit is at our option. Sufficient funds must be available for us to cancel the deposit. Deposits that have already been sent for collection cannot be canceled.

Cooperation with Investigations. You agree to cooperate with the Bank in the investigation of unusual transactions, poor quality transmissions, and resolution of Company claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the MCD Service in your possession and your records relating to such items and transmissions.

Termination. The Bank may, at its sole discretion, modify, add or remove portions of the MCD Service or end the MCD Service at any time without notice. The Bank may turn off the MCD Service to you if the Bank suspects fraud, if you misuse the MCD Service, have excessive overdrafts or returned items, or for other reasons in the Bank's sole discretion.

General Terms and Conditions

Fees and Charges

You agree to pay the fees and charges for use of Online Banking and each of the Online Banking Services as set forth in the current Consumer Fee Schedule. You agree that all fees and charges will be deducted from your applicable Account designated on the Online Banking Service. You agree to pay any additional reasonable charges for Online Banking Services you request which are not covered by this Agreement. You are also responsible for telephone and Internet fees you incur in connection with your use of Online Banking.

Online Transaction Posting

Except as otherwise described in a section of this Agreement relating to a specific Online Banking Service, transfers initiated through Online Banking before 7:00 p.m. (Central Time) on a Business Day are posted to your Account the same day. Transfers completed after 7:00 p.m. (Central Time) on a Business Day or on a day that is not a Business Day will be posted on the next Business Day. Because Online Banking identifies transfers and scheduled payments based upon the Access Credentials of the user who made the transfer, you understand and acknowledge the "Scheduled Transfers" and "Scheduled Payment" screens will not reflect transfers made by multiple users from the same Account if different Access Credentials are used. You agree to communicate with any other persons who are also authorized access to your Accounts using their own Access Credentials concerning any transfers of bill payments from your Accounts in order to avoid overdrafts.

Account Limitations and Frequency

The number of transfers from your Accounts and the amounts which may be transferred are limited by the

terms of your applicable Account Terms and Conditions and disclosure for those Accounts. If a hold has been placed on deposits made to an Account from which you wish to Transfer funds, you cannot transfer the portion of the funds held until the hold expires.

Overdrafts

If your Account has insufficient funds to perform all Electronic Funds Transfers you have requested for a given day, then:

·         Electronic Funds Transfers initiated through Online Banking which would result in an overdraft of your Account may, at our option, be canceled.

·         If the Electronic Funds Transfers made through Online Banking which would cause an overdraft of your Account are not canceled, Overdraft / Paid Item fees may be charged pursuant to the terms of your Account Terms and Conditions for that Account.

Reporting Errors or Questions About Your Electronic Funds Transfers

Contact us as soon as you can at 563-344-0600, if you think your statement or receipt is wrong or if you need more information about a transfer listed on your statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.

1.     Tell us your name and Account number.

2.     Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.

3.     Tell us the dollar amount of the suspected error.

If you tell us orally, we may require you to send us your complaint or question in writing within ten (10) Business Days. We will determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not credit your Account.

For errors involving new Accounts, POS, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Accounts, we may take up to twenty (20) Business Days to credit your Account for the amount you think is in error.

We will tell you the results within three (3) Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

Preauthorized Payments

Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of

your account, you can stop any of these payments. Here's how:

Call us at: 563-344-0600; or Write us at: Quad Cities Bank and Trust, 4500 N. Brady Street, Davenport, IA 52806

Notice should be provided in time for us to receive your request three (3) Business Days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. You may be charged a fee for placing a stop payment. Please refer to the schedule of fees.

Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments three (3) Business Days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

Liability of Bank

If we do not complete a Transfer from your Account, including a bill payment, on time or in the correct amount, according to our Agreement with you, we will be liable to you for your losses or damages. However, there are some exceptions. We will NOT be liable, for instance:

1.     If, through no fault of ours, you do not have enough money in your account to make a transfer

2.     If a legal order directs us to prohibit withdrawals from the Account.

3.     If your Account is closed, or if it has been frozen.

4.     If the Transfer would cause your balance to go over the credit limit of an established line of credit for any credit arrangement set up to cover overdrafts.

5.     If you, or anyone authorized by you, commits any fraud or violates any law or regulation or, with respect to any attempted Transfer that we do not complete, if we have a reasonable basis for believing that such Transfer was not authorized by you.

6.     If Online Banking was not working properly and you knew about the problem when you started the Transfer.

7.     If you have not provided us with complete and correct payment information for Bill Pay Service, including, without limitation, the name, address, your payee-assigned account number, payment date, and payment amount for the payee on a bill payment.

8.     If you have not properly followed the on-screen instructions for using Online Banking.

9.     If you are accessing the service from an Access Device that does not maintain the most current operating system, in its native state.

10.   If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the Transfer, despite reasonable precautions we have taken.

Your Liability for Unauthorized Transfers

Tell us AT ONCE if you believe your password for Online Banking has been lost or stolen. Calling is the best way to reduce potential monetary losses related to unauthorized transfers. You could lose all the money in your Account (plus your maximum overdraft line of credit). If you tell us within two (2) Business Days after you learn of the loss or theft of your password for Online Banking, you can lose no more than $50 if someone used your password for Online Banking without your permission.

If you do NOT tell us within two (2) Business Days after you learn of the loss or theft of your password for Online Banking, and we can prove we could have stopped someone from using your password for Online Banking without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, including those made by your password for Online Banking or other means, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

If you believe your password for Online Banking has been lost or stolen, call our Service Center at 563-344-0600.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

Your use of Online Banking is at your sole risk. Online Banking is provided on an "as is" and "as available" basis. We make no warranty of any kind, expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with Online Banking Services provided to you under this Agreement. We do not warrant that Online Banking or any Online Banking Service will meet your requirements, operate without interruption or be error-free, and we will not be liable for any loss or damage caused by the unavailability or malfunction of any Online Banking Service, including without limitation, service interruption, inaccuracies, delays, or loss of data. Except as specifically provided in this Agreement, or otherwise required by law, you agree that neither we nor our officers, directors, employees, agents or contractors are liable for any indirect, incidental, punitive, special or consequential damages resulting from your use or inability to use Online Banking or Online Banking Services, even if we are advised in advance of the possibility of such damages. Further, to the maximum extent permitted by applicable law, in no event shall the liability of Quad Cities Bank and Trust and its affiliates exceed the amounts paid by you for the services provided to you through Online Banking.

Privacy and Confidentiality

To provide you with high-quality products and services, Bank collects and retains a certain amount of financial information about its customers. Bank recognizes it has an important responsibility to protect the privacy and security of your nonpublic information. Bank's information-sharing practices are designed to comply with federal standards and to protect the confidentiality of this information. Bank is committed to the security of confidentiality of your nonpublic financial information. In addition to maintaining reasonable physical, procedural, and electronic security measures that comply with applicable laws, Bank's security practices include limiting access to nonpublic information to those bank employees with appropriate authority and who need to know that information to provide products and services to you. An explanation of our privacy policy has been or will be provided to you separately in the manner required by applicable law. Please review it carefully.

Periodic Statements

You will not receive a separate Online Banking statement. Transfers to and from your Accounts using Online

Banking will appear on the respective periodic statements for your Accounts.

Change in Terms

We may change any of part of this Agreement at any time. If the change would result in increased fees for any Online Banking service, increased liability for you, fewer types of available Electronic Funds Transfers, or stricter limitations on the frequency or dollar amount of Transfers, we agree to give you notice at least twenty-one (21) days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an Account or our Electronic Funds Transfer system. We will post any required notice of the change in terms on our Web site https://qcbt.bank or forward it to you by email or postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the Account or our Electronic Funds Transfer system, we will notify you of the change in terms on or before the effective date of the change. Your continued use of the Online Banking Service indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations.

Assignment

You may not assign this Agreement. In the event of your death or incapacity, this Agreement is binding upon your

heirs, executors and personal representatives. This Agreement is binding on our successors and assigns.

Governing Law; Enforceability

This Agreement is subject to applicable federal laws and the laws of the State of Iowa (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect.

Use of Online Banking Services

Unauthorized use of the Online Banking system is strictly prohibited and is subject to prosecution under the Computer Fraud and Abuse Act of 1986 and Title 18, U.S. Code Sec. 1001 and 1030. We or our Service Provider may monitor and audit usage of Online Banking. Your use of Online Banking or any of the Online Banking Services means you agree to such monitoring and auditing.

Headings

The headings in this Agreement are for convenience or reference only and will not govern the interpretation or the provisions.

Waiver

Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach.

 

Cancellation

You may cancel your Online Banking Service at any time by sending us a secure message through the Online Banking Secure Message Center, or contacting us by phone or mail:

Call us at: 563-344-0600; or Write us at: Quad Cities Bank and Trust, 4500 N. Brady Street, Davenport, IA 52806

Your access to Online Banking will be suspended within three (3) Business Days of our receipt of your instructions to cancel it. Scheduled payments and transfers initiated online will be canceled. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.

Termination

You agree we can terminate or limit your access to Online Banking for any of the following reasons:

1.     Without prior notice, if you have insufficient funds in any of your Accounts. Online Banking may be reinstated, at our option, once sufficient funds are available to cover any fees, pending transfers, and debits.

2.     If you violate the Account Terms and Conditions.

3.     Upon reasonable notice under the circumstances, for any other reason at our option. Certain obligations of the parties pursuant to this Agreement; that by their nature would continue beyond the termination, cancellation, or expiration of this Agreement, will survive termination, cancellation or expiration of this Agreement. This Agreement and the Account Terms and Conditions constitutes the entire agreement between you and Quad Cities Bank and Trust with respect to the subject matter hereof, and there are no understandings or agreements relative hereto which are not fully expressed herein.

Communication

Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:

1.     Telephone: You can call us at: 563-344-0600 during our Business Hours.

2.     Secure Message: You can send us a message through the Online Banking Secure Message Center. (We may not immediately receive an electronic message sent by you. For immediate contact, please call the number above. No action will be taken on any electronic message sent to us until we actually receive it and we have had a reasonable opportunity to act on it. You cannot use secure messaging to make an Account balance inquiry or a transfer or to cancel a transfer.)

3.     In Person: You may visit us in person at any of our locations.

4.     Postal Mail: You can write to us at: Quad Cities Bank and Trust, Attn: Online Banking, 4500 N Brady Street, Davenport, IA 52806.

Zelle Network Standard Terms

 

1. Description of Services

a. We (Guaranty Bank) have partnered with the Zelle Network® (“Zelle®”) to enable a convenient way to send and receive money with others you trust, who are enrolled with Zelle, with us, or with another financial institution that partners with Zelle (each, a “User”) using aliases, such as email addresses, mobile phone numbers, or other unique identifiers described in these terms (the “Service”). We will refer to financial institutions that have partnered with Zelle as “Network Financial Institutions.”

b. Zelle provides no deposit account or other financial services. Zelle neither transfers nor moves money. You may not establish a financial account with Zelle of any kind. All money will be transferred by a Network Financial Institution.

c. THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.

2. Eligibility and User Profile

When you enroll to use the Service you agree to the terms and conditions of this Zelle Network Standard Terms. You represent that you have the authority to authorize debits and credits to the enrolled bank account.

You agree that you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Service to request money from anyone for any such payments. You agree that you will not authorize a third party to use the Service or share your credentials with a third party to use the Service on your behalf except in legally authorized situations such as legal guardianship or pursuant to a power of attorney. Zelle and we reserve the right to terminate, suspend, or limit your access to or use of the Service at any time and without prior notice, including for reasons involving your use of the Service at any Network Financial Institution which may be deemed to be illegal, improper, brand damaging or potentially exposing us, Zelle, or the financial system to risk.

The Service is intended for personal, not business or commercial use. You agree that you will not use the Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Service with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service for business or commercial purposes, or for any unlawful purpose.

Content Standards: You agree that you will not use the Service in any way, or upload or provide content or otherwise post, transmit, distribute, or disseminate through the Service any material, that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Zelle, as determined by Zelle in its sole discretion; or (f) in Zelle or our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the 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 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 Service.

The Service may include functionality for you to use a unique alpha-numeric identifier to your registered User profile to be used in lieu of your mobile phone number or email address when sending, receiving, or requesting money, which will be your Zelle tag. Each Zelle tag must have an eligible U.S. mobile phone number associated with it and there will be a limit on the number of Zelle tags you may use. Your Zelle tag must meet the Content Standards. You may not select a Zelle tag that misleads or deceives other Users of the 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 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 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 Service that is subject to intellectual property rights claims.

We may amend this Agreement and any applicable fees and charges for the Service at any time by posting a revised version on the Site. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Service after a notice of change or after the posting of a revised version of this Agreement on the Site will constitute your agreement to such changes and revised versions. Further, we may, from time to time, revise, update, upgrade or enhance the Service and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Service, and/or related applications and material, and limit access to only the Service's more recent revisions, updates, upgrades or enhancements.  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. By providing us with names and mobile telephone numbers or email addresses of Receivers to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive through the Zelle Payment Service. By providing us with names, bank account information and other contact information for Receivers to whom you wish to direct a payment via the Other Payment Service, you authorize us to follow the Payment Instructions that we receive via the Other Payment Services. Once enrolled, you authorize us to credit your Eligible Transaction Account for payments remitted to you on behalf of a Sender without further approval from you. 

3. Consent to Use and Disclose Personal Information (Including Account Information)

In addition to Section 20 (Information Authorization) of the General Terms, by accepting this Agreement, you consent to our disclosure of your personal information (including bank account information) as necessary to complete payment transactions in accordance with our customary processes and procedures, which may include, without limitation, the following:

a.     As necessary to resolve a problem related to a transfer or payment between you and another User;

b.     To verify the existence of your bank account, or debit card, as applicable;

c.     To comply with government agency or court orders;

d.     To our affiliates, as permitted by law;

e.     To verify your identity for purposes of compliance with applicable laws, including without limitation the USA PATRIOT Act;

f.      To comply with inquiries in connection with fraud prevention or any investigation;

g.     For our general business purposes, including without limitation data analysis and audits; or

h.     As otherwise permitted by the terms of our Privacy Policy. 

4. Privacy and Information Security

We make security and the protection of your information a top priority. You can access our Privacy and Information Security Notice gbankmo.com and clicking ‘Privacy Policy’ at the bottom of the page. The Privacy and Information Security Notice is incorporated into and made a part of this Zelle Network Standard Terms by this reference. 

5. Wireless Operator Data

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 Service, you authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Zelle 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.

6. Enrolling for the Service

a. You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and/or a permanent U.S. 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, toll-free number, Google Voice number, or Voice over Internet Protocol.

b. 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 Money”.

c. If at any time while you are enrolled, you do not send or receive money using the Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the U.S. mobile phone number or email address that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the mobile phone number or email address, or we receive information that you are not the owner of the mobile number or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Service until you enroll again.

d. Once enrolled, a Z logo will appear on your profile 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 it with Zelle.

e. If you enroll for the Service and select to use a Zelle tag, the mobile phone number associated with your User profile will be used as the Contact Method for communication related to the Service and must meet the requirements described herein.

7. Consent to Emails and Automated Text Messages

By participating as a User, you represent that you are the owner of the email address, U.S. mobile phone number, Zelle tag, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, U.S. mobile phone number, Zelle tag and/or other alias to send or receive money as described in this Zelle Network Standard 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 Services or related transfers between Network Financial Institutions and you. You agree that we may, Zelle may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:

a. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.

b. You will immediately notify us if any email address or mobile phone number you have enrolled or is used as a Contact Method for a Zelle® tag is (i) surrendered by you, or (ii) changed by you.

c. In the case of any messages that you may send through either us or Zelle or that we may send or Zelle may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle sends on your behalf may include your name. 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.

d. To cancel text messaging from us, send STOP to 767666. For help or information regarding text messaging, send HELP to 767666or contact our customer service at 563-344-0600. You expressly consent to receipt of a text message to confirm your “STOP” request.

e. Supported Carriers: All major carriers.

8. Receiving Money; Money Transfers by Network Financial Institutions

Once a User initiates a transfer of money to your email address, mobile phone number, or Zelle® tag enrolled with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to initiate credit entries to the bank account you have enrolled.

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, the other Network Financial Institutions and other Zelle users, we may need or Zelle may need additional time to verify your identity or the identity of the person sending the money. We or Zelle may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we or Zelle delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (i.e., email, push notification).

If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this Zelle Network Standard Terms and the procedures of the business or government agency that is sending you the payment.

We have no control over the actions of other Users, the Network Operator or other Network Financial Institutions that could delay or prevent a transfer of money to you.

9. Sending Money; Debits by Network Financial Institutions

You may send money to another User at your initiation or in response to that User’s request for money. You understand that use of this Service by you shall at all times be subject to (i) this Zelle Network Standard Terms, and (ii) your express authorization at the time of the transaction for us 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. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Service with the email address or U.S. mobile number to which you initiated the payment. If the person you sent money to has already enrolled with Zelle, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked. We therefore recommend that you use the Service to send money only to people you know and trust.

In most cases, when you are sending money to another enrolled User, 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 the other Network Financial Institutions, and other Zelle users, 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, 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 or Zelle delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e., email, push notification).

Neither we nor Zelle have control over the actions of other Users or other Network Financial Institutions that could delay or prevent your money from being delivered to the intended User.

10. Liability

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 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 PURCHASE PROTECTION 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). REIMBURSEMENT IS AVAILABLE FOR UNAUTHORIZED TRANSACTIONS OR TRANSACTIONS RESULTING FROM CERTAIN QUALIFYING IMPOSTER SCAMS. CONTACT US TO DISPUTE A TRANSACTION.

To dispute a transaction please contact us at 1 (833) 875-2492.

11. Send Limits

There are limits on the amount of money you can send or receive through our Service. Your limits may be adjusted from time-to-time in our sole discretion.  You may have the ability to log into the site for your individual transaction limits.   

12. Requesting Money

You may request money from another User. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle guarantee that you will receive money from other Users by sending a payment request, 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 discretion, that we will not send a reminder or repeat request to that User.

By accepting this Zelle Network Standard Terms, you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to 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 request for money that you send that is related to overdue or delinquent amounts.

You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by us or by Zelle. Neither we nor Zelle assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money.

We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.

13. Transaction Errors

In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in Section 7e above.

If you think your periodic statement for your account is incorrect or you need more information about a transaction listed in the periodic statement for your account, we must hear from you no later than sixty (60) days after we send you the applicable periodic statement for your account that identifies the error. You must:

1.     Tell us your name:

2.     Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,

3.     Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send your complaint in writing within ten (10) Business Days after your oral notification. Except as described below, we will determine whether an error occurred within ten (10) Business Days after you notify us of the error. We will tell you the results of our investigation within three (3) Business Days after we complete our investigation of the error and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Eligible Transaction Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Eligible Transaction Account. If it is determined there was no error, we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur. 

14. Your Liability for Unauthorized Transfers

Your Liability for Unauthorized Transfers of the General Terms shall not apply to the Zelle Payment Service. Immediately following your discovery of an unauthorized Zelle Payment Service Payment Instruction, you shall communicate with customer care in the manner set forth in Section 7e above. You acknowledge and agree that time is of the essence in such situations. The best way to minimize your loss is to call us immediately. You will have no liability for unauthorized transactions if you notify us within sixty (60) days after your monthly financial institution statement which shows the unauthorized transaction has been sent to you. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we will extend the time periods specified above to a reasonable period. 

When you give someone your password or other means to access your account through which you access the Zelle and Other Payment Services, you are authorizing that person to use your 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. 

Note: These liability rules only apply to Eligible Transaction Accounts used for personal, family and household purposes. 

15. Liability for Failure to Complete Transfers

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:

                  i.        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;

                 ii.        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;

                iii.        The payment is refused as described in Section 6 of the Zelle and Other Payment Terms below;

                iv.        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,

                 v.        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

16. Fees

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 15 above (Liability for Failure to Complete Transfers) applies if you do not pay our fees and charges for the Zelle and Other Payment Service, 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. 

17. Use of Our On-line Banking Website and/or Mobile App

You agree to access this website and/or mobile app in compliance with our Online Banking Service Terms and Conditions, which are available at www.gbankmo.com and incorporated into and made part of this Zelle Network Standard Terms by this reference.

18. Cancellation of the Service

If you wish to cancel the Service, you may contact us as set forth in Section 7e above. Any payment(s) that have begun processing before the requested cancellation date will be processed by us.  

19. Right to Terminate Access

You agree that we may terminate or suspend your use of the Service at any time and for any reason or no reason. Neither termination, cancellation nor suspension shall affect your liability or obligations under this Agreement. 

20. Disclaimer of Warranties

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, NEITHER WE NOR ZELLE® MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. WE AND ZELLE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. NEITHER WE NOR ZELLE WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

21. Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ZELLE, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK FINANICAL 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 SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF ZELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE ZELLE® SERVICE OR WITH THE TERMS OF THIS Zelle Network Standard Terms, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK 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).

22. Indemnification

You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in this Zelle Network Standard Terms, 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 attorneys’ fees, resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of the terms of this Zelle Network Standard Terms.

23. Governing Law; Choice of Law; Severability

Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, without regard to its conflicts of law’s provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. Unless our account agreement with you states otherwise, you agree that any claim or dispute you may have against us (other than those which are arbitrated under Section 19 above) must be resolved by a court located in the county in which you reside. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all claims or disputes unless said claim is submitted to arbitration under Section 19 of this Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. BOTH PARTIES AGREE TO WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN THE RESOLUTION OF ANY DISPUTE OR CLAIM BETWEEN THE PARTIES OR ANY OF THEIR RESPECTIVE AFFILIATES ARISING UNDER THIS AGREEMENT. 

24. Miscellaneous

Subject to the terms of this Zelle Network Standard Terms, the Services are generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond the control of us or Zelle. Live customer service generally will be available Monday through Friday, excluding US bank holidays.

Zelle and the Zelle related marks are wholly owned by Early Warning Services, LLC and are used herein under license.