Unless otherwise stated, terms defined in the Mobile Banking End User Terms Agreement apply to this First Nations Bank Zelle® Network Standard Terms Agreement.
- Description of Services
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."
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.
THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU KNOW AND TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.
- Eligibility and User Profile
When you enroll to use the Service, you agree to the terms and conditions of this First Nations Bank Zelle® Network Standard Terms Agreement ("Zelle® Agreement"). You represent that you are at least 18 years of age and 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.
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.
The Consumer Terms and Conditions of Your Account, which governs the use of your Account and was provided to you by us at the time you opened your Account, as amended from time to time, is incorporated by reference as part of this Zelle® Agreement and does not change when you use the Service with your Account. For the avoidance of doubt, in that case, this Zelle® Agreement, the Consumer Terms and Conditions of Your Account, and any other applicable agreements related to the Account will apply.
You are presented with this Zelle® Agreement when you enroll in Zelle® through Online Banking or via the Mobile app. To enroll in Zelle®, you must accept the terms of this Zelle® Agreement, and your use of Zelle® confirms your continued consent to this Zelle® Agreement. We will amend this Zelle® Agreement from time to time as needed, as determined by us in our sole discretion. When this Zelle® Agreement is updated, we will present you with a message via Online Banking or the Mobile app.
You will only be able to use your U.S: mobile phone number or email address to enroll in Zelle®. If you are currently enrolled with Zelle® at another financial institution, you will be prompted with a message at the time of enrollment in Zelle® with FIRST NATIONS BANK that your phone number or email address is registered with another Zelle® profile through a different financial institution. During the enrollment in Zelle®, you will be able to change your phone number or email address in order to register with Zelle® at FIRST NATIONS BANK.
- Consent to Share Personal Information (Including Account Information)
We may share information about your account(s) at FIRST NATIONS BANK to Zelle®, or other Network Financial Institutions 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:
To facilitate enrollment and authentication processes.
As necessary to process or complete transactions.
As necessary to provide additional and supporting services to facilitate your transactions and your use of the Service.
As necessary in connection with the investigation of any claim related to your account(s) or the funds you send or receive.
To verify the existence and condition of your account for a third party, such as a credit bureau or merchant.
As necessary to comply with any law or regulation, directive or policy of any government agency, or court order.
As otherwise allowed by law and/or your First Nations Bank Privacy Policy, as applicable.
Please refer to your First Nations Bank Privacy Policy given to you at account opening and linked in the Privacy and Information Security Section below, for information regarding personal information we collect about you, our sharing practices, your rights as applicable, and your ability to opt out of certain information sharing.
- Privacy and Information Security
We make security and the protection of your information a top priority. You can access our First Nations Bank Privacy Policy at https://www.firstnations.bank/Disclosures/Privacy-Policy. Any First Nations Bank Privacy Policy found at the aforementioned link that apply to you and your Account are incorporated into and made a part of this Zelle® Agreement by this reference.
- 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 operator (AT&T, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose your mobile number, name, address, email address, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, to our third party service provider 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.
- Enrolling for the Service
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 (i.e., no "burner" numbers). You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol.
Once enrolled, you may:
authorize a debit of your Account to send money to another User either at your initiation or at the request of that User; and
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."
- Consent to Emails and Automated Text Messages
By participating as a User, you represent that you are the owner of the email address or U.S. mobile phone number, or that you have the delegated legal authority to act on behalf of the owner of such email address or U.S. mobile phone number to send or receive money as described in this Zelle® 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:
You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.
You will immediately notify us if any email address or mobile phone number you have enrolled in is (i) surrendered by you, or (ii) changed by you.
In the case of any messages that you may send through either us or Zelle® or that we may send or Zelle® may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle® sends on your behalf may include your name.
Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle®, including messages that you may send through us or through Zelle® or that we may send or Zelle® may send on your behalf.
To cancel text messaging from us, send STOP to 20736. For help or information regarding text messaging, send HELP to 20736 or contact our Customer Support at 888-896-5397. You expressly consent to receiving a text message to confirm your "STOP" request.
Supported Carriers: The Bank reserves the right, in its sole discretion and without notice, to amend supported carriers.
- Receiving Money; Money Transfers by Network Banks
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 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, to protect you, us, Zelle® and/or the other Network Banks, additional time may be needed 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 legal or 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 (e.g., email, push notification).
If you receive a payment from a business or government agency, your payment will be delivered in accordance with both this Zelle® Agreement and the procedures of the business or government agency that is sending you the payment.
If you see a payment in your Account that you did not expect, including a payment from a sender you do not recognize, contact us immediately in accordance with Sections 12 & 13 of this Agreement. Because of the risk of fraud scams involving unexpected payments using Zelle®, please do not send any funds back to the sender unless and until you have communicated with us about the matter and we instruct you to do so. Further, because of fraud scams in which fraudsters impersonate victims' financial institutions, it is of utmost importance that you confirm you are in fact communicating with us before taking any such action. Call us directly at the contact information provided herein, using our official Customer Service 773-594-5900 rather than relying on the validity of an inbound call, which may falsely appear to come from that number or from another number similar to a number you might recognize.
- 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 Zelle® Agreement, and (ii) your express authorization at the time of the transaction for us to initiate a debit entry to your 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®, 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 send 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 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 (e.g., 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.
Transactions where the recipient User is not yet enrolled in Zelle® can be cancelled up to fourteen days from the date the transaction is initiated.
- Send Limits
There are daily limits to the dollar amount of transactions that may be made using the Service. We reserve the right to change the transaction limits at any time without giving notice to you. You may send up to $200.00 per transaction with no more than $300.00 per day.
- 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 Zelle® 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 attorneys' fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts or otherwise violates the provisions of this Section 12.
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.
- Transaction Errors
The error resolution provisions of your Consumer Terms and Conditions of Your Account and the First Nations Bank Online Banking Services Agreement that relate to electronic fund transfers covered by the Electronic Fund Transfer Act (EFT), as implemented by the Consumer Financial Protection Bureau's Regulation E, continue to apply, to error resolution of Zelle® transactions, which are EFTs.
- Reporting Errors
In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed at the end of this section, 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 60 days after we sent the FIRST statement on which the problem or error appeared.
Please provide us with the following:
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 us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 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 45 days (90 days if the transfer involves a new Account, a POS transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we need additional time to investigate this matter, we will provide you with a provisional credit to your Account within 10 business days (20 business days if the transfer involved a new Account) 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 10 business days, we may not credit your Account.
We will tell you the results within three 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.
To report unauthorized transfers or errors regarding your Account, please contact us at:
Phone:
773-594-5900
Mail:
First Nations Bank
7757 W. Devon Ave.
Chicago, IL 60631
Attention: Customer Service
You may also submit a secure message through online banking or via the mobile app.
Please be aware of the required timeframes you must observe for reporting to us alleged unauthorized transfers or loss, theft, or compromise of your access credentials. These timeframes are further detailed below. Delays in reporting to us can impact your liability regarding such transfers.
- Your Liability for Unauthorized Transfers
If you have reason to believe that your User ID, Password, Security Information, or any other items or information that may allow access to the Service has been lost, stolen, or otherwise compromised, or if you have reason to suspect that unauthorized access to your Account has occurred or will occur through the Service, you must call us immediately at 773-594-5900.
It is important that you only send payments via Zelle® to friends, family, and others that you trust. Please be aware of scams and other fraudulent activity that may target users of the Services and other consumers. As permitted by Applicable Law, the Bank may not reimburse you for transactions that you authorized. For example, if you are induced by fraud to send a Zelle® transaction to a fraudster and you authorize this transaction, you will be liable for this transaction as permitted under Applicable Law.
- Liability for Failure to Complete 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, for instance:
If, through no fault of ours, you do not have enough money in your Account to make the transfer;
If the automated teller machine where you are making the transfer does not have enough cash;
If the terminal or system was not working properly and you knew about the breakdown when you started the transfer;
If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken; and
There are other exceptions stated in this Zelle® Agreement, the Consumer Terms and Conditions of Your Account, and the First Nations Bank Online Banking Services Agreement, and other agreements governing the use of your Account.
Fees. Please refer to the Common Features Service Charge Schedule for Consumer Accounts for more information regarding fees applicable to your Account.
- Use of Our Online Banking Site and/or Mobile App
You agree to access the FIRST NATIONS BANK Online Banking and Mobile App in compliance with our Online Banking Services Agreement and Mobile Banking End User Terms Agreement which are available on the webpage and incorporated into and made part of this Zelle® Agreement by this reference.
- Cancellation of the Service
You may, at any time, choose to no longer use the Service. We may cancel your use of the Service for any reason, or for no reason, and at any time without notice.
- Right to Terminate Access
We may terminate or suspend this Zelle® Agreement or the Service at any time and at our discretion, without notice, unless required by law or regulation. Your use of the Service may be suspended in the event your contact information changes and may be terminated or temporarily suspended in the event your Account type or Account ownership role changes. In the event of termination of this Zelle® Agreement or the Service, the terms in this Zelle® Agreement that by their nature are continuing shall survive such termination, including but not limited to the disclaimers and limitations of liabilities.
- 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.
- Liability
As permitted by Applicable Law, neither we nor Zelle® shall have liability to you involving (i) any failure through no fault of us or Zelle® to complete a transaction in the correct amount, (ii) any related losses or damages from such failure, (iii) any typos or keystroke errors that you may make when using the service, nor (iv) any transactions you authorize to another User as input by you when using the Services.
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, WHOSE IDENTITY YOU HAVE NOT VERIFIED, OR WHO 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).
Please also refer to this Agreement's other provisions on liability, including Sections 14, 15, 21, and 22 for further information on your rights and obligations in connection with the Service.
- 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; (Ill) 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 ZELLE®, 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).
- 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® Agreement and as permitted by Applicable Law, 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 any of the terms of this Zelle® Agreement.
- Governing Law; Choice of Law; Severability
This Zelle® Agreement and its enforcement shall be governed by laws and regulations of the United States and the laws of the State of Illinois, without regard to any choice of law provision.
- Arbitration
The Consumer Terms and Conditions of Your Account contains an agreement to arbitrate. You acknowledge and agree that for any claims or disputes you assert against Zelle® and Early Warning Services, LLC, Zelle® and Early Warning Services, LLC are entitled to enforce this provision against you.
- Miscellaneous
Subject to the terms of this Zelle® 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, during the normal business hours referenced on First Nations Bank’ website at https://www.firstnations.bank/.
Zelle® and the Zelle® related marks are wholly owned by Early Warning Services, LLC and are used herein under license.