Mobile Banking Agreement
Dedham Savings Mobile Banking Enrollment Terms and Conditions
END USER TERMS
Dedham Savings’ Mobile Banking service (“Mobile Banking” or the “Service”) is powered by a mobile technology solution provided by a Third Party (the “Licensor”). Section A of these End User Terms is a legal agreement between you and Dedham Savings. Section B of these End User Terms is a legal agreement between you and the Licensor.
Dedham Savings TERMS AND CONDITIONS
Text Banking applies to Consumers Only:
Thank you for using Dedham Savings’ Mobile Banking combined with your handheld’s text messaging capabilities. For help, text “HELP” to 79680. To cancel your plan, text “STOP” to 79680 at any time. In case of questions please contact Your Bank Center at [email protected] or call 1.781.329.6700.
Terms and Conditions
- Charges associated with the Service are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from Dedham Savings. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service.
- The Service is provided by Dedham Savings and not by any other third party. You and Dedham Savings are solely responsible for the content transmitted through the text messages sent to and from Dedham Savings. You must provide source indication in any messages you send (e.g., mobile telephone number, “From” field in text message, etc.)
Mobile Banking Agreement
This Mobile Banking Agreement (“Agreement”) is an amendment to the Online Banking Agreement and provides consent for you to enroll in Mobile Banking. By enrolling in Mobile Banking, you agree to all the terms and conditions contained in this Agreement. We recommend that you read the applicable agreements carefully and print it for future reference or you can print a copy from our website.
Mobile Banking Agreement
Consumer Online Banking Agreement
Business Online Banking Agreement
This Agreement sets forth the terms and conditions for any use of the Mobile Banking service. By requesting and using the Service, you agree to all of the terms, conditions, and notices referenced or contained in this Agreement and you accept full responsibility for all uses of the Service from your mobile Device(s).
Within this Agreement, “Mobile Banking” means the banking services accessible from the Device you have registered with us for Mobile Banking. “Device” means a supportable mobile device including a cellular phone or other mobile device that is web-enabled and allows secure SSL traffic and which is also capable of receiving text messages. You may be assessed fees by your wireless carrier for data or text messaging services. Please consult your wireless plan or provider for details.
The terms “you,” “your,” and “customer” refer to each depositor on an account who is enrolled in Mobile Banking; the term “account” or “accounts” means your eligible Dedham Savings checking, savings, loans, certificates of deposit and any other Dedham Savings product linked to your Consumer or Business Online Banking. The terms “we,” “us,” “our,” and “Bank” refer to Dedham Savings.
We may offer additional Mobile Banking services and features in the future. Any such added Mobile Banking services and features will be governed by this Agreement and by any terms and conditions provided to you at the time the new Mobile Banking service or feature is added and/or at the time of enrollment for the feature or service, if applicable. From time to time, we may amend these terms and modify or cancel the Mobile Banking services we offer without notice, except as may be required by law.
Dedham Savings and you agree as follows:
Description of Service
Mobile Banking is offered as a convenience and as a supplemental service to our Online Banking services. Mobile Banking is only available to those account holders who are enrolled in or are eligible to enroll in Dedham Savings’ Online Banking service. Mobile Banking is currently not available to any entity that is not enrolled in or eligible to enroll in Dedham Savings’ Online Banking service. Mobile Banking is not intended to replace access to Online Banking from your personal/business computer or to replace any other methods you use for managing your accounts and services with us. Mobile Banking allows you to access your Dedham Savings account information, review balances and transaction history, pay bills, make deposits, and transfer funds between or among your eligible Dedham Savings accounts. Mobile Banking allows a business customer to submit and approve other types of transactions such as wire transfers and ACH origination. Those services are made available through a separate approval process.
You represent and agree to the following by enrolling in or using the Mobile Banking service:
You represent that you are the legal owner/authorized signer or user of all accounts and other financial information that are accessed via Mobile Banking and your Device. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current, and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You represent that you are an authorized user of the Device you will use to access Mobile Banking.
You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using Mobile Banking. You agree to take every precaution to safeguard the message you need to retain for the next Mobile Banking login. You agree not to leave your Device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree to inform us of any change in any cellular telephone number associated with your Device, loss of your Device (for example, the Device being outside of your control), any other change that might affect our providing Mobile Banking to you, or any security concerns associated with your use of the Service. You agree to accept all responsibility for any and all instructions sent to Dedham Savings from the Device and you hereby authorize Dedham Savings to act on any and all instructions sent to Dedham Savings from your Device.
It is your responsibility to contact us if you know or suspect any unauthorized use of the Access ID, password and/or PIN or Secure Token Passcode associated with your use of Mobile Banking. You agree not to provide your Access ID, password, PIN, or other access information to any unauthorized person. As a Dedham Savings Online Banking customer, you have chosen an Access ID and Password that allows you access to the Service. You are responsible for keeping your Access ID and Password confidential and for ensuring that you have logged out when your session is complete to prevent unauthorized access. Please review our Consumer or Business Online Banking Agreement for further information.
If you permit other persons to use your Device, log in information, or other means to access Mobile Banking, you are responsible for any transactions they conduct and we will not be liable for any damages resulting to you. We make no representation that any content or use of Mobile Banking is available for use in locations outside of the United States. Accessing Mobile Banking from locations outside of the United States is at your own risk.
Additional Terms Governing Deposits Via Mobile Banking
1. Eligible Items. You agree to deposit via Mobile Banking only “checks” as that term is defined in Federal Reserve Regulation CC (“Reg. CC”). You agree that the image of any check transmitted to Dedham Savings via Mobile Banking (hereinafter, “Check Image”) will be converted to an Image Replacement Document (IRD) for subsequent presentment and collection, and it shall thereafter be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code.
You further agree that you will not scan and deposit via Mobile Banking any of the following types of checks or other items which shall be considered ineligible items:
- Checks payable to any person or entity other than you for a personal account or the business/entity on a business account.
- Checks containing any alteration on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn;
- Checks payable jointly, unless deposited into an account in the name of all payees
- Checks requiring multiple endorsements
- Checks previously converted to a substitute check, as defined in Reg. CC;
- Money Orders, Travelers Checks or U.S. Savings Bonds
- Checks drawn on a financial institution located outside the United States;
- Checks that are remotely created checks, as defined in Reg. CC;
- Checks not payable in United States currency;
- Checks dated more than 6 months prior to the date of deposit;
- Checks or items prohibited by Dedham Savings current procedures relating to Mobile Banking or which are otherwise not acceptable under the terms of Dedham Savings account(s) that you maintain with us;
- Checks with any endorsement on the back other than that specified in this agreement;
- Checks that have previously been submitted through Mobile Banking or through a remote or mobile deposit service offered at any other financial institution;
2. Endorsements and Procedures. You agree that you will restrictively endorse the back of your original check by signing your name or the name of the business/entity and then writing “For Mobile deposit only Dedham Savings.” You agree to follow any and all other procedures and instructions for use of Mobile Banking as we may establish from time to time.
3. Receipt of Items. We reserve the right to reject any item transmitted through Mobile Banking, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission.
An image of an item shall be deemed deposited when you view the posted deposit to your account.
Acknowledgment that your Check Image has been received does not mean the Check Image has been approved and deposited.
We will send you an email to confirm receipt of the Check Image.
We will send you an email to confirm the Bank’s approval of the Check Image for processing or its decision that it will decline to process the Check Image.
If your deposit is declined after it has been made, we reserve the right to debit your account for the amount of the entire deposited item in question. We will notify you that your deposit has been declined through written notification.
We further reserve the right to charge back to your account at any time any item that we subsequently determine is not an eligible item. You agree that Dedham Savings is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.
4. Availability of Funds. You agree that items transmitted using the Service are not subject to the funds availability requirements of Federal Reserve Board Regulation CC.
In general, if a Check Image you transmit through Mobile Banking is received and approved before 4:00 p.m. Eastern Time on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. For purposes of transactions, Dedham Savings business days are Monday through Friday, excluding holidays.
5. Disposal of Transmitted Items. Upon your receipt of a confirmation that a deposit has been successfully credited to your account without additional notifications or adjustments, you agree to retain the check for at least 30 calendar days from the date of the image transmission. We request that you mark “Processed xx/xx/xxxx (date)” to ensure that no person or entity attempts to re-deposit the item(s). And, you agree that you will never re-present an item after it has already been presented for deposit through Mobile Banking. You further agree to (i) destroy each check that you transmitted as an image through Mobile Banking, (ii) mark it “VOID,” and/or (iii) otherwise render it incapable of further transmission, deposit, or presentment within 45 days (retain the check for 30 days and destroy the check by 45 days) after that check has been deposited via Mobile Banking. During the time the retained check is available, you agree to promptly provide it to Dedham Savings upon request.
6. Deposit Limits. We may establish limits on the dollar amount and/or the number of items that may be deposited through Mobile Banking on a daily, multi-daily, or weekly basis. Limits may vary. If you attempt to initiate a deposit in excess of these limits, we can reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will be subject to this Agreement and we will not be obligated to allow such a deposit at other times.
7. Presentment. The manner in which the items are cleared, presented for payment to the drawee institution, and collected shall be within Dedham Savings’ sole discretion subject to Dedham Savings’ account opening and Online Banking Agreement(s).
8. Errors. You agree to notify Dedham Savings of any suspected errors regarding items deposited through Mobile Banking right away, and in no event later than 60 days after the applicable account statement is sent. Unless you notify Dedham Savings within 60 days of the day your account statement is sent, your statement shall be deemed correct with respect to all deposits made via Mobile Banking, and you will be prohibited from bringing a claim against Dedham Savings for any alleged error related to any deposit made by you or with your Device via Mobile Banking.
9. Image Quality. All Check Images must be legible, with legibility to be determined in the sole discretion of Dedham Savings. Without limiting the foregoing, the image quality of all items deposited via Mobile Banking must comply with the requirements established from time to time by Dedham Savings, ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.
10. Warranties and Indemnification. Your use of Mobile Banking to transmit a Check Image to Dedham Savings constitutes a representation and warranty to Dedham Savings that:
- a. You will only transmit eligible items;
- b. You will not transmit duplicate items;
- c. You will not re-deposit or re-present an original item;
- d. All information you provide to Dedham Savings is accurate and true;
- e. You will comply with this Agreement and all applicable rules, laws and regulations;
- f. You are not aware of any factor that may impair the collectability of the item(s) transmitted; and
- g. You agree to indemnify and hold harmless Dedham Savings from any loss for breach of this warranty provision.
11. Cooperation with Investigations. You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims. Your cooperation shall include, upon request and without further cost to Dedham Savings, your provision to Dedham Savings of any originals or copies of items deposited through Mobile Banking in your possession, together with your records relating to such items and transmissions.
Dedham Savings reserves the right to modify this Agreement at any time, in its sole discretion. We agree to give you notice to the extent required by law before the effective date of any such change, unless an immediate change is necessary to maintain the security of the Service. We will notify you of any amendments to this Agreement by providing notice to you on Dedham Savings’ website or by forwarding such notice to you by e-mail or via the U.S. Postal Service. Any modifications to this Service shall be effective as of the date provided within the notification posted on our website. If advance notice of the change is not required, and disclosure does not jeopardize the security of the electronic system, we will notify you of a change in terms within 30 days after the change becomes effective. Your continued use of any or all of the electronic banking services, including Mobile Banking, indicates your acceptance of any such change in terms. You acknowledge and agree that the applicable deposit agreements and disclosures govern changes to fees applicable to specific accounts. Dedham Savings has the right to rescind this Agreement at any time and for any reason without advance notice. If any of the provisions of this Agreement conflict with any of the provisions of the terms, covenants or conditions of the Deposit Account Agreement, Online Banking Agreement, or any other understandings, documents or agreements between Dedham Savings and you, the customer, then the provision(s) that are most favorable to Dedham Savings shall control, regardless of whether they are found in this Agreement, the Deposit Account Agreement, the Consumer or Business Online Banking Agreement, or any other understandings, documents or agreements between you and us.
Dedham Savings makes no representations or warranties whatsoever with regard to the Licensor’s products or services. Likewise, Dedham Savings makes no warranty of any kind, express or implied, that our Mobile Banking service will be uninterrupted. We do not, and cannot, warrant that the Service will operate without error, or that it will be available at all times. Accordingly, Dedham Savings shall not be liable for any loss, damage, whether direct or indirect, costs, charges or expenses incurred by you due to a delay in or the inability to provide the Mobile Banking services. You agree that neither we nor our suppliers or our directors, officers or employees will be held liable for any technical, hardware or software failure of any kind, any interruption in the availability of our service, any delay in operation or transmission, any incomplete or garbled transmission, virus, malware, loss of data or other similar loss. To the extent we may have breached any term of this Agreement, you agree that your sole remedy is to discontinue use of the Mobile Banking service.
You agree to indemnify, defend and hold harmless Dedham Savings, its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, Dedham Savings’ reasonable attorneys’ fees) caused by or arising from (a) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, or files supplied by you, or otherwise in connection with your use of Mobile Banking service; (b) your violation of any law or rights of any third party; or (c) your use of Mobile Banking or any third party’s use of Mobile Banking via your Device.
This Agreement will be governed by the laws of the Commonwealth of Massachusetts (without giving effect to its choice of law principles) and, to the extent applicable, federal law of the United States of America. Section B of this document, entitled “End User License Agreement Terms for The Downloadable App,” does not apply to or in any way govern the relationship between you and Dedham Savings.
You have read and agree with this Agreement. You agree (i) that you have reviewed this Agreement,(ii) understand the terms and conditions set forth herein, and (iii) you agree that you meet all requirements set forth herein for the use of Mobile Banking, and (iv) that you want to enroll in Mobile Banking for your eligible accounts, (v) you will be bound by all terms and conditions set forth in this Agreement.
Any term, condition or provision of this Agreement that is or may be unenforceable shall be severed and shall not affect the validity or enforceability of any other term, condition, or provision, all of which shall remain enforceable and continue.
END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP
To be Agreed to by End User Prior to Use of the Downloadable App
- 1. Ownership. You acknowledge and agree that a third-party provider or licensor to your financial services provider (“Licensor”) is the owner of all right, title and interest in and to the downloaded software to be used for access to mobile banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the “Software”).
- 2. License. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
- 3. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
- 4. Disclaimer Warranty. THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
- 5. Limitations of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR , THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
- 6. U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
- 7. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of Florida excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of Florida and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
- 8. Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.
Zelle Network® Standard Terms
1. Description of Services
- a. 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 (the “Service”). We will refer to financial institutions that have partnered with Zelle® as “Network Banks.”
- 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 transmitted by a Network Bank.
- 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 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. 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.
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.
The Service may include functionality for uploading photos and other materials or information (“Content”) as part of your User profile, or otherwise. By enrolling to use the Service you grant Zelle® and us, along with our respective subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully- paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Service. You retain all rights in your Content, subject to the rights you granted to us and Zelle® in this Agreement. You may modify or remove your Content, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Service.
Content Standards: You agree that you will not 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’s 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.
If you believe that Content hosted by, posted on, or accessible through the Service uses your name, voice, signature, image or likeness, or that of your minor child, without your permission and in violation of a legally recognized right of publicity, we encourage you first to contact the user directly about your concerns. If that does not resolve your concerns, you may contact Your Bank Center by phone at 1.781.329.6700 or via email at [email protected]
The Service may include functionality for you to add a unique alpha-numeric identifier to your registered User profile to be used in lieu of your phone number or email address when sending or receiving money, which will be your “Zelle tag.” You will be limited to one Zelle® tag per bank account, and each Zelle® tag must have one U.S. mobile phone number or email address associated with it. Your Zelle® tag must meet the Content Standards. You may not select a Zelle® tag that misleads or deceives other Users of the 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.
The Bank has the right to change the Terms and Conditions at any time. The Zelle® Terms and Conditions are included in the Mobile Banking Agreement. When the Zelle® Terms and Conditions are updated, you will be required to accept the revised terms the next time you use the service after the change.
3. Consent to Share Personal Information (Including Account Information)
Your enrollment in the use of Zelle® is your consent to share your personal information in order to execute your requested transactions.
4. Privacy and Information Security
5. Wireless Operator 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.”
- 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, 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 picture for each U.S. mobile number and/or email address that you have enrolled with Zelle®. The Z logo will be displayed to other Users to aid them in determining which of your U.S mobile numbers or email addresses should be used to send money with Zelle®. If a User sends you money using a different U.S. mobile number or email address that they may have for you (one that is not already enrolled), you will receive a message with instructions on how to enroll with Zelle®.
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, Zelle® tag, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, mobile phone number, Zelle® tag and/or other alias to send or receive money as described in 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. To cancel text messaging from us, send STOP to 79680. For help or information regarding text messaging, send HELP to 79680 or contact our customer service at 781.329.6700 or [email protected] . You expressly consent to receipt of a text message to confirm your “STOP” request.
8. Receiving Money; Money Transfers by Network Banks
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® 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 to another 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® 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, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle®, or otherwise ignore the payment notification, and the transfer may not occur.
The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e. email, push notification).
We have no control over the actions of other Users, other Network 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 OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE® TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE® DOES NOT OFFER A PROTECTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).
The Bank will not be liable to you for Payments that are not properly completed in the following instances:
• If there is a hold on your Account, or if access to your Account is blocked, in accordance with banking policy. Please note that funds in the Account must be available in order to facilitate the transfer of Payment. Recent deposits made to your Account may not be available immediately. Please refer to the Funds Availability Policy Disclosure Statement for detailed availability policies.
• If your funds are subject to legal process or other encumbrance restricting the transfer.
• If you have insufficient funds in your Account to complete the Payment.
• If your Payment authorization terminates by operation of law.
• If you believe someone has accessed your account(s) without your permission and you fail to notify the Bank as detailed in the Electronic Fund Transfers – Your Rights and Responsibilities section of the online banking and Bill Pay Agreement and Disclosure.
• If we received incomplete or inaccurate information from you or a third party involving the Account or Payment instruction.
• If the Bank has a reasonable basis for believing that unauthorized use of your online banking credentials or Account(s) has occurred or may be occurring.
• If you are in default of this Agreement and its terms and conditions or any other agreement you have with the Bank.
• If Recipient refuses to accept a payment.
• If the Bank, or you, terminate the online/mobile banking and Bill Pay Service or suspend or terminate the Zelle® Service.
• Insufficient Funds: You must reimburse the Bank immediately upon demand for any Payment completed for which your Account does not contain sufficient funds. Further, you must reimburse the Bank for any fees, including Overdraft fees, resulting from the Payment. We may report information about your Account, including Account mismanagement and defaults, to credit bureaus.
Please refer to the Bank’s Electronic Funds Transfer Agreement and Disclosure
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 at our sole discretion. Higher limits may be available upon request and approval. Please contact Your Bank Center at [email protected] or call 1.781.329.6700 with any questions regarding 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 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 indemnify, defend and hold harmless Zelle®, its owners, directors, officers agents and Network Banks 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
See Consumer Online Banking Agreement, Section: In Case of Errors or Questions About Your Electronic Transfers
14. Your Liability for Unauthorized Transfers
See Consumer Online Banking Agreement, Section: In Case of Errors or Questions About Your Electronic Transfers
15. Liability for Failure to Complete Transfers
Dedham Savings’ Liability for Failure to Make Transfers. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable in the following situations: • If, through no fault of ours, you do not have enough money in your account to make the transfer. • If the transfer will exceed the credit limit on your overdraft line. • Your subscription to the Service has been terminated for any reason. • The Services, your equipment, the software, or any communications link is not functioning properly and you know or have been advised by us about the malfunction before you attempted to execute a transaction or in the case of an automatic or recurring transfer, at the time such payment or transfer should have occurred. • If circumstances beyond our control (such as fire or flood) prevent the transfer despite reasonable precautions that we have taken. • If the funds are subject to legal process or other encumbrance restricting such transfer. • Any other specific exceptions stated in our Agreement with you.
The Bank does not currently charge any fees for use of the Zelle® Service. If the Bank decides to charge fees for the Zelle® Service, you will be given 30 days advanced notice.
17. Use of Our On-line Banking Site and/or Mobile App
Use of the Zelle® Service is limited to the Bank’s Mobile Banking Application.
18. Cancellation of the Service
To cancel the Zelle® Service, you will need to notify us by calling 781.329.6700 or email us at [email protected] Cancelling the Zelle® Service will close your Zelle® account, cancel all unclaimed transactions, and delete your token (email or mobile phone number) from the Zelle® directory.
19. Right to Terminate Access
The Bank or Customer has the right to terminate the Zelle® Service at any time. All Zelle® access will be deleted after 18 months of non-use.
20. 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, 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 BANKS 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 ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK BANKS 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).
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 Zelle®, its owners, directors, officers, agents and Network Banks 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.
You acknowledge and agree that you are personally responsible for your conduct while using the Service, and you agree to indemnify, defend and hold harmless Dedham Savings and Zelle®, its owners, directors, officers, agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorney’s 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 Section.
23. Governing Law; Choice of Law; Severability
This Agreement will be governed by the laws of the Commonwealth of Massachusetts (without giving effect to its choice of law principles) and, to the extent applicable, federal law of the United States of America.
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, excluding US bank holidays.
Zelle® and the Zelle® related marks are wholly owned by Early Warning Services, LLC and are used herein under license.