Zelle Network® Transfer Service

Last Updated:   July 2020

Your use of the Zelle Transfer Service (the “Service”) is governed by the terms of this Agreement. In particular, the provisions of this Agreement state the terms and conditions under which you can transfer funds to or from your eligible checking account, money market, savings, or other account designated by you for access through the Service (your “Account”) to another person using the Zelle Network. This Agreement is intended to supplement the Deposit Account Agreement and Disclosure, the Electronic Fund Transfer Agreement and Diclosures, the Funds Availability Policy Discosure, and any other agreement we previously provided to you upon the opening of your Account (collectively, the “Deposit Agreements”), as those agreements are amended. All terms and conditions of the Deposit Agreeements are hereby incorporated by reference into this Agreement. In the event of a conflict between the terms of this Agreement and the Deposit Agreements regarding the Service, this Agreement shall control to the extent necessary to resolve such conflict as it pertains to the Service. In all other instances, the Deposit Agreements shall control. You acknowledge that email and/or messages displayed on your mobile device will be the primary means of communication for the Service. You are responsible for maintaining a current email address and/or mobile phone number, and you agree that you will, in a timely manner, review messages and notifications you receive from us and check your Account to confirm it reflects recent activity.

1. Description of Services
2. We have partnered with the Zelle Network (“Zelle”) to enable a convenient way to transfer money between you and others who are enrolled directly with Zelle or enrolled with another financial institution that partners with Zelle (each, a “User”) using aliases, such as email addresses or mobile phone numbers . We will refer to financial institutions that have partnered with Zelle as “Network Banks.”
3. Zelle provides no deposit account or other financial services. Zelle neither transfers nor moves money.  You may not establish a financial account with Zelle of any kind.  All money will be transmitted by a Network Bank.
4. 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.  You agree that you, not WE or ZELLE, are responsible for resolving any payment or other disputes THAT YOU HAVE with any other User with whom you send money to, or receive OR REQUEST money from, using the Service.
5. Eligibility and User Profile

When you enroll to use the Service or when you permit others to whom you have delegated to act on your behalf to use or access the Service, you agree to the terms and conditions of this Agreement.  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.

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.

3. Consent to Share Personal Information (Including Account Information)

You hereby consent to our disclosure of your personal information (including bank account information) to Zelle, other Network Banks and other third parties as necessary to complete payment transactions in accordance with our customary processes and procedures, which may include, without limitation, the following:

1. As necessary to resolve a problem related to a transfer or payment between you and another User;
2. To verify the existence of your bank account, or debit card, as applicable;
3. To comply with government agency or court orders;
4. To our affiliates, as permitted by law;
5. To verify your identity for purposes of compliance with applicable laws, including without limitation the USA PATRIOT Act;
6. To comply with inquiries in connection with fraud prevention or any investigation;
7. For our general business purposes, including without limitation data analysis and audits; or
8. As otherwise permitted in accordance with our Privacy Notice and any other privacy notices we provide you, as applicable.
9. Privacy and Information Security

We make security and the protection of your information a top priority.  You can access our Privacy Notice, which is incorporated into and made a part of this Agreement by this reference.

5. Wireless Operator Data

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 operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to us or to Zelle with your wireless operator account profile information for the duration of our business relationship.  See Zelle’s Privacy Policy for how it treats your data.

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 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, 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.”

 

7.          Consent to Emails and Automated Text Messages.

By participating as a User, you represent that you are the owner of the email address, mobile phone number, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, mobile phone number and/or other alias to send or receive money as described in this Agreement.  You consent to the receipt of emails or text messages from us, from Zelle, from other Users that are sending you money or requesting money from you, and from other Network Banks or their agents regarding the Services or related transfers between Network Banks and you.  You agree that we may, Zelle may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you 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 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.

d.              Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle, including messages that you may send through us or through Zelle or that we may send or Zelle may send on your behalf.

e.             For help contact our Client Services and Solutions team at 855.629.7618.  You expressly consent to receipt of a text message to confirm your “STOP” request.

f.               Supported Carriers:   Most major carriers are supported.  Limitations may apply.

8. Receiving Money; Money Transfers by Network Banks

All transfers of money to you shall be performed by a Network Bank per the direction of that Network Bank Customer and at all times subject to the terms and conditions of the relevant service agreement between that Network Bank and its customer, including without limitation any restrictions or prohibitions on permissible transactions. Once a User initiates a transfer of money to your email address or mobile phone number 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.

Transactions typically occur within minutes when the recipient’s email address or U.S. mobile number is already enrolled with Zelle.  There may be other circumstances when the payment may take longer.  For example, in order to protect you, us, Zelle and the other Network Banks, we may need or Zelle may need additional time to verify your identity or the identity of the person sending the money.  We may also delay or block the transfer to prevent fraud or to meet our regulatory obligations.  If we delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (i.e. email, push notification).

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

9. Sending Money; Debits by Network Banks

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 Agreement, 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.  If the person you sent money to has already enrolled with Zelle, either in the Zelle mobile app or with a Network Bank, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked.

In most cases, when you are sending money, the transfer will occur in minutes; however, there are circumstances when the payment may take longer.  For example, in order to protect you, us, Zelle and the other Network Banks, we may need additional time to verify your identity or the identity of the person receiving the money.  If you are sending money to someone who has not enrolled as a User with Zelle,  either in the Zelle mobile app or with a Network Bank, the transfer may take up to two (2) business days from the day the intended recipient responds to the payment notification by enrolling as a User.  You understand and acknowledge that a person to whom you are sending money and who is not enrolled as a User may fail to enroll with Zelle, or otherwise ignore the payment notification, and the transfer may not occur.

The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements.  If we delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e. email, push notification).

We have no control over the actions of other Users, other Network Banks or other financial institutions that could delay or prevent your money from being delivered to the intended User.

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 PEOPLE WITH WHOM YOU ARE FAMILIAR.  YOU SHOULD NOT USE Zelle TO SEND MONEY TO PERSONS THAT YOU DO NOT TRUST.  You agree that you, not WE or ZELLE, are responsible for resolving any payment or other disputes (including without limitation, disputes related to goods and services that you have purchased or received) THAT YOU HAVE with any other User with whom you send money to, or receive OR REQUEST money from, using the Service.

11. Send Limits

We reserve the right to limit the frequency and dollar amount of transactions from any of your accounts for security reasons. We will not be liable to you for any Zelle Payment Transfer that cannot be completed in accordance with your instructions due to limitations imposed by other financial institutions.

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.  If a User ignores your request, we may decide or Zelle may decide, in our sole discretion, that we will not send a reminder or repeat request to that User.

By accepting this Agreement, 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 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 EFT, telephone us at the Telebank 24 number listed in the Deposit Agreements and press 0 to speak to Client Services, Monday through Friday, 7:00 AM to 8:00 PM Central Time and Saturday, 8:00 AM to 4:00 PM Central Time, or write us at 1111 Main, Kansas City, MO 64105 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt.

We must hear from you no later than sixty (60) days after the date we send the first statement on which the problem or error appeared:

• Tell us your name and account number (if any)
• 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
• Tell us the dollar amount of the suspected error

If you tell us orally, we may require that you send your complaint or question in writing within ten (10) business days. 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 may 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, point-of-sale, 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 there was no error, we will send you a written explanation. You may ask for copies of the documents we used in our investigation.

14. Your Responsibility for Errors

You understand that we must rely on the information provided by you and you authorize us to act on any instruction, which has been or reasonably appears to have been sent by you, to submit fund transfer instructions on your behalf. You understand that financial institutions receiving the fund transfer instructions may rely on such information. We are not obliged to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You agree to accept full responsibility for losses resulting from any of your errors, duplication, ambiguities, or fraud in the information that you provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, we reserve the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

15. Your Liability for Unauthorized Transfers

Tell us AT ONCE if you believe that your password has been lost or stolen, or if you believe that an EFT has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit).

Your obligations and liabilities for all unauthorized transfers regarding the Service are set forth in the Deposit Agreements. In addition, we may from time to time make certain products and services that are designed to detect and/or deter fraud available to you. While no product or service will be completely effective, we believe that the products and services we offer will reduce the likelihood that certain types of fraudulent items will be paid against your Account. As a result, you agree that if you fail to implement any of these products or services, you will be precluded from asserting any claims against us for paying any unauthorized, altered, counterfeit or other fraudulent item that such product or service was designed to detect or deter, that we will not be required to recredit your Account or otherwise have any liability for paying such items, and that you will indemnify us for claims and costs relating in any way to such items as long as we have dealt with such items in good faith and in accordance with prevailing commercial banking standards (other than any such standards relating to the use of the products or services in question).

You may notify us in person, by telephone at the Telebank 24 number listed in the Deposit Agreements and press 0 to speak to Client Services, Monday through Friday, 7:00 AM to 8:00 PM Central Time and Saturday, 8:00 AM to 4:00 PM Central Time, or in writing at 1111 Main, Kansas City, MO 64105.

16. Liability for Failure to Complete Transfers

If we do not complete a transfer transaction to, or initiate a transfer transaction from, your account within any time frames, or in the correct amount, all in accordance with this Agreement, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

• if, through no fault of ours, you do not have enough money in your Account to make the transfer;
• if the transfer would go over the credit limit on your overdraft line;
• if the system supporting the Service was not working properly and you knew about the breakdown when you started the transfer;
• if the transfer transaction is delayed or cancelled for any of the reasons described in other Sections of this Agreement;
• if circumstances beyond our control (such as a fire or flood) prevent the transfer, despite reasonable precautions that we have taken.

17.  Purchase Protection

Zelle does not offer a protection program for any authorized payments made with Zelle – for example, if you make a purchase using Zelle but you do not receive the item or the item is not as described or as you expected. We also offer no protection program and bear no liability for authorized payments.

18. Fees

You are responsible for paying all fees associated with your use of the Service. Applicable fees will be disclosed in the user interface for, or elsewhere within the Service or associated websites. 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 Request, 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 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 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.

 

19. Use of Our On-line Banking Site and/or Mobile App

You agree to access this website and/or mobile app in compliance with our applicable Mobile Banking Agreement, which are available on our website.

20. Cancellation of the Service

If you wish to cancel the Service, please contact us at 855.629.7618. Any payment(s) that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Service at any time and for any reason or no reason.  Neither termination, cancellation nor suspension shall affect your liability or obligations under this Agreement.

 

21. Right to Terminate Access

In the event you violate any terms of this agreement, there are unauthorized or fraudulent transactions related to your Account or use of the Service, or we incur problems with your use of the Service, you agree that we may suspend or terminate your access to the Service at any time.

We may, in our sole discretion, at any time and without prior notice to you or other Service participants, suspend or terminate:

• the Service,
• your ability to send or receive funds through a Transfer Transaction,
• your ability to send funds through a Transfer Transaction, while continuing to permit you to receive funds through a Transfer Transaction,
• your ability to request funds from another User, or
• your ability to receive requests for funds from another User.

 

22. Disclaimer of Warranties

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, ZELLE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE.  ZELLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED.  ZELLE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.  THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

23. Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL NBH BANK, ZELLE, OR OTHER NETWORK BANKS AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, OR AGENTS 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 ZELLE’S SERVICE OR WITH THE TERMS OF THIS AGREEMENT, 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 NBH BANK, ZELLE, OR OTHER NETWORK BANKS AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS AND AGENTS 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).

24. Indemnification

You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in this Agreement, you agree to indemnify, defend and hold harmless NBH Bank, Zelle, other Network Banks and their respective owners, directors, officers, or agents  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 Agreement.

25. Governing Law; Choice of Law; Severability

This Agreement will be governed by and interpreted in accordance with Federal law and regulations, and by the laws of the state that is specified in your Deposit Account Agreement for governing your eligible Account. Any action between us shall be subject to the jurisdiction and venue provisions of that Deposit Account Agreement which are hereby incorporated into this Agreement.

 

26. Miscellaneous

Subject to the terms of this Agreement, the Services are generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond our or Zelle’s control.  Live customer service generally will be available Monday through Friday during normal business hours, excluding US bank holidays.