General Provisions
These Online Banking Service Terms and
Conditions (the "Terms and Conditions") govern the Online Banking
Service (the "Service") provided by Quad Cities Bank and Trust
("Bank"). By using Quad Cities Bank and Trust Online Banking, you
agree to the terms and conditions of this Service.
These Terms and Conditions are the
complete and exclusive statement of the agreement between Bank and Customer
with respect to the Service and supersedes any prior agreement(s) between Bank
and customer with respect to such subject matter. The terms and conditions of
the deposit agreements and disclosures for each of your Accounts as well as
other agreements with Quad Cities Bank and Trust (such as loan agreements),
continue to apply except where noted. In the event of any inconsistency between
these Terms and Conditions and any other agreement, these Terms and Conditions
will control with respect to the Service unless specifically provided in the
other agreement, referencing these Terms and Conditions. This Agreement will be
governed by and interpreted in accordance with Federal law and regulation, and
to the extent there is no applicable Federal law or regulation, by the laws of
the State of Iowa. The applicable account disclosure statement ("Deposit
Agreement and Disclosure") also governs each of your accounts at Quad
Cities Bank and Trust.
Definitions
Terms used throughout this agreement
have the following definitions:
"Access Credentials" means
any identification number, PIN, password, codes and any other means of access
to the
"Access Device" means
any electronic device you use to access your Account and view electronic
documents. This
"Account" or "Accounts" means any deposit account
established at Quad Cities Bank and Trust.
"Accountholder" means
each person whose name is on the Account.
"Account Agreements" mean any
agreements, terms and conditions, disclosures, notices and related documents
"ACH" means an
electronic funds transfer system governed by the NACHA operating rules, as in
effect from time
"Agreement" means
this Online Banking Agreement.
"Bill Pay Service" means a
secure electronic service that allows you to pay bills online.
"Business Days" mean
Monday through Friday. Federal holidays are not included.
"Business Hours" means
8:00am CT to 5:00pm CT on Business Days. Our Service Center and Banking Center
"Due Date" is the
date reflected on Customer's Payee Statement for which
the payment is due, and which is the
"Electronic Funds
Transfers" or "Transfers" means
ATM withdrawals, preauthorized transactions, POS
"Mobile Banking" means a
method of banking at Quad Cities Bank and Trust in which transactions are
conducted using a
"Mobile Banking App" or "Mobile Banking Application" means
the mobile application through which you can
"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
"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
"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
"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
"Payment Instruction" is the
information Customer provides to Bank through the Bill Payment Service
instructing
"PIN" means
personal identification number.
"Scheduled Payment" is a
payment that has been scheduled through the Bill Payment Service but has not
begun
"Scheduled Payment Date" is the
day Customer designates in a Payment Instruction that
Customer desires a
"Security Procedures" mean the
Access Credentials and other procedures Bank will follow to confirm the
"Service Provider" means a
third-party company engaged by Quad Cities Bank and Trust that provides
services with respect to
"Site" means
the electronic location (for example, website or mobile application) accessed
through an Access
"Text Banking" means
your ability to request and obtain limited information regarding your Accounts
from a
"Written Instructions" means
Instructions actually received by Bank by letter,
electronic communication, through
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
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.
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
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
Waiver
Any waiver
(express or implied) by either party of any default or breach of this Agreement
must be in writing and
Cancellation
You may
cancel your Online Banking Service at any time by sending us a secure message
through the Online
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.