Online Banking Customer Agreement

Sound Community Bank Electronic Signatures (ESIGN) and Digital Banking (Retail & Business) Disclosures and Agreement

 

1. Electronic Signatures in Global and National Commerce Act (ESIGN) Disclosure and Agreement

Please read this Electronic Signatures in Global and National Commerce Act (ESIGN) Disclosure and Agreement carefully and keep a copy for your records.  This ESIGN Disclosure and Agreement, as amended from time to time, provides important information required by the ESIGN Act and confirms your consent to receive certain disclosures and information electronically.  In this Agreement, the terms “you” and “your(s)” refer to the account holder(s), and the terms “we”, “us”, and “our” or “the Bank” mean Sound Community Bank.  The word “account” means any one or more accounts you have with Sound Community Bank.

Electronic Copy of Related Disclosures, Agreements, and Instructions.  In order to speed up the deposit account application process, and/or to access online banking services, mobile banking services, mobile deposit services and/or electronic periodic statements, with your consent, we will provide you with certain Account Documents electronically, rather than by postal mail or in person.

Your Consent is Required.  You must consent to receiving the Account Documents before we can provide them to you electronically, by consenting to the terms of this ESIGN Disclosure and Agreement.  If you do not consent to electronic delivery of the Account Documents, you will not be able to enroll in the online banking services.  Enrollment in the online banking service is required to access the mobile banking and/or mobile deposit services, and to access your statements, notices, and disclosures electronically.  If you do not consent to electronic delivery of the Account Documents, we will not be able to open the loan or deposit account (as applicable) through our website.  You may visit any of our branch locations and speak with a member of our staff.  A list of our branch locations can be found on our website or by calling the Bank at (800) 458-5585.

Paper Copy of Account Documents.  If you do not want to receive the Account Documents electronically, you should not sign or otherwise affirm your consent to this form.  If you consent to receive the Account Documents electronically, you may also obtain a paper copy of your account statement.  You may receive a copy of your statement by contacting Sound Community Bank by telephone or mail as shown below and request a copy of your statement at a charge of $5.00 per statement as stated in the Consumer Fee Schedule.

Telephone: (800) 458-5585

Mail: Sound Community Bank, 2400 3rd Avenue Suite 100, Seattle, WA 98121

System Requirements to Access and Retain Information.  To receive and/or retain an electronic copy of a requested file, you must have the following:  You will need a computer, related equipment, and Internet access in order to use Online Banking (in this Agreement, your computer, smart phone or tablet which is capable of accessing the internet, the related equipment, and the Internet access are referred to together as your "Computer"). You are responsible for the installation, maintenance, and operation of your Computer.  The Bank is not responsible for any errors or failures from any malfunction of your Computer, and the Bank is not responsible for any computer virus or related problems that may be associated with the use of an on-line system. Also, your software may include certain functions and features which are not associated with the Bank and the Bank is not responsible for them.

Withdrawing Consent.  You may withdraw your consent to receive electronic delivery of the Account Documents at any time by calling us at (800) 458-5585, or you may visit any of our branch locations and speak with a member of our staff.  If you withdraw your consent to receive electronic delivery of the Account Documents, you will no longer be able to access online banking or mobile banking.

Address Change.  You must promptly notify the Bank of any changes to your e-mail address to ensure electronic delivery of the Account documents, or if you wish to remove any account from electronic delivery.  

Amendments.  The Bank may change the terms and conditions of this ESIGN Disclosure and Agreement from time to time by sending written notice to you at your address as it appears on our records.  If any change results in greater cost or liability to you or decreases access to your accounts, you will be given prior notice of the change to the extent required by applicable law.  Prior notice may not be given where an immediate change in terms or conditions is necessary to maintain the integrity of the system and/or the security of the ESIGN service or designated accounts.

Other Agreements.  Except as stated otherwise herein, this ESIGN Disclosure and Agreement does not alter or amend any of the terms or conditions of any other agreement you may have with the Bank.

Severability.  If any part of this Agreement should be held to be unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.

2. Digital Banking (Online and Mobile) Service Agreement – General Terms

This Sound Community Bank Online and Mobile Banking Service agreement ("Agreement") is between Sound Community Bank (hereinafter "we, us, our, or the Bank"), and each account holder of the Bank who has enrolled in the Bank’s Mobile Banking Service (the “Services”), together with any person who is authorized by a customer of the Bank to use or access the Services (hereinafter referred together as "you, your or yours.").  It sets forth the terms and conditions governing the use of Sound Community Bank’s Online Banking Service and Mobile Banking Service (collectively, “Services”).  

Please read this entire Agreement carefully before using the Services.  We recommend that you print or save a copy of this Agreement and any communication you receive from the Bank and retain a copy for your records.

You understand that by "accepting" below, or by using or continuing to use these Services, you agree to the terms and conditions of this Agreement, including any instructions provided in connection with the services as modified from time to time.  You warrant and agree that you will not use Bank accounts or services, including but not limited to loans, to make or facilitate any illegal Transaction(s) as determined by applicable law; and that any such use, including any authorized use, will constitute a breach of this Agreement.  You agree that the Bank will not have any liability, responsibility, or culpability whatsoever for any such use by you or any authorized user(s).  You further agree to indemnify and hold the Bank harmless from any suits, liability, loss, damages, or adverse action of any kind that results directly or indirectly from such use.

We may, at any time, and at our sole discretion, make changes to the Services and this Agreement, provided, however, that we will give you prior notice of any changes, as may be required by applicable laws and regulations.  Use of the Services after any such changes constitutes your agreement to the changes.

3. Definitions

Unless otherwise defined herein, the definitions contained in the Terms and Conditions of Your Account shall be applicable to this Agreement.  In addition:

“Access Device” means any card, code, password, personal identification number or other means or access that we issue to you to allow you to access and/or use any account or service.

“Account Access” means your ability to access account and transaction information on Accounts and transfer funds between Accounts through the Internet.

“Agent” refers to the third-party online banking service provider.

“Authorized User” means any person who has actual, implied, or apparent authority, or who any owner has given any information, access device or documentation that enables such a person to access, withdraw, make transactions to or from your accounts, or to use any of your account services. This definition is intended to be construed broadly and includes without limitation all users acting under a written document such as a power of attorney as well as any person or entity that is authorized to make deposits or debits to or from your accounts with us.

“Business Day” means Monday through Friday except State and Federal holidays.

“Communication Delivery and Receipt” means that all Service communications sent electronically will be deemed to have been received by you when sent, whether or not you viewed or received the Communication.  An email Communication is considered to be sent at the time it is directed by our email server to the email address on record.

“Electronic” means electrical, digital, magnetic, wireless, optical or electromagnetic technology, or any other technology that entails similar capabilities.

“Electronic Communication(s)” refers to this Agreement (and any amendments, modifications, or supplements), emails, text messages, web page content and any other information as it relates to the Service. It may also include any initial, periodic, or other disclosures and notices provided in connection with the Service, including without limitation those required by Federal or state law and any account or services communications, including, without limitation, communications with respect to claims of error or unauthorized use of the Service.

“Mobile Banking Service” refers to any and all banking services accessed via your supported mobile device. This may include account information, savings goals and budgets, bill payment, mobile deposits, transfers, and ATM locator services.

“Mobile Deposit” refers to the secure service of depositing a check via the Sound Community Bank mobile app.

“Online Banking Service” refers to any and all banking services accessed via the Sound Community Bank website. This includes both retail and business Online Banking.

“Personal Identification Number” or “PIN” means the confidential identification number or other code including password assigned to you by us or selected by you for identification purposes in connection with the use of the Sound Community Bank’s Online and Banking Service.

“Secure Message” refers to the secured email messages delivered to and received from you and us once logged into the Service.

“Services” means the Bank’s Online and/or Mobile Banking Services.

4. Additional Terms and Conditions

Deposit and Credit Agreements: The terms in this Agreement are in addition to (a) the terms of any deposit account Agreements you have with the Bank, including your signature card, the disclosure containing the terms of your accounts, the accompanying schedules, and any change of terms notices (together, the "Deposit Agreements"), and to (b) the terms of any credit Agreements you have with the Bank, including any disclosures made pursuant to such Agreements (together, the "Credit Agreements").

Electronic Fund Transfer Act: Some of the transactions permitted under this Agreement are governed by the federal Electronic Fund Transfer Act (the "EFTA"), and some of the terms of this Agreement are disclosures required by the EFTA. Business subscribers are not entitled to those rights provided to consumers by the EFTA and some provisions of this Agreement are inapplicable to business subscribers, including without limitation the time period provisions of the "Reporting Unauthorized Transactions & Error Resolution" section, and the liability limitation provisions of the "Customer's Responsibility" section.

Internet Account Access: If you have multiple accounts at the Bank, transactions may be processed to and/or from the following types of accounts:

  • Checking Accounts
  • Savings Accounts
  • Money Market Accounts
  • Line of Credit Accounts

If you have loan accounts at the Bank, transactions may be processed to the following types of accounts:

  • Installment Loans
  • Commercial Loan
  • Mortgage Loans

From time to time the Bank may add or eliminate accounts from this list. You may use Internet Account Access to obtain account balances and transaction history and to transfer funds between certain accounts.  In most cases, you may use Internet Account Access to transfer to or from deposit accounts in which you have an unrestricted right to withdraw funds and credit accounts in which you have an unrestricted right to borrow money.  However, the Bank reserves the right in its sole discretion to deny Internet Account Access transactions.  When you use Internet Account Access to make transfers from credit accounts, you agree that the Bank may take any action required to obtain advances on your behalf, including charging your linked loan account at the Bank, without your signature.

Limitations of Internet Account Access: The features of Online Banking are subject to the following terms:

For Savings Accounts and Money Market Accounts only: During any month, you may not make more than six withdrawals or transfers to another Bank account of yours or to a third party by means of a pre-authorized or automatic transfer (including overdraft protection) or telephonic order or through Internet Account Access.

PLEASE NOTE: Transfers completed in person at a Bank office, through an ATM or POS facility, or by a withdrawal check mailed directly to you are not counted toward the limit of six per month.

Advances under your loan Agreement to one of your accounts may not exceed your available credit limit.

Mortgage loan payments must be equal to or greater than the scheduled amount. Partial mortgage loan payments are not allowed.

No transfers may be made from an account that requires two or more signatures.

Balance and transaction information provided on any day will generally be current as of the previous business day's close of business.

Transactional information for your accounts may be available for downloading using Online Banking for 90 days prior to the date of inquiry.

The Bank reserves the right to limit the frequency and dollar amount of transactions from your accounts for security reasons.

Bill Payment Service: To subscribe to the Bill Payment Service, you must qualify for an Access checking account with the Bank.  You may use the Bill Payment Service to:

  • make payments to a person or business (a "payee") in the U. S.,
  • make automatic recurring payments, and
  • review, change, and void payments.

When you sign up for Bill Payment Service, you must designate the checking account from which the Bank is to make payment (the "Payment Account").  A Payment Account must be a checking account. To pay bills using Bill Payment Service you must use your Computer to authorize the payment. After the Bank receives your instruction, the Bank will make your payment.

Limitations of the Bill Payment Service: The features of the Bill Payment Service are subject to the terms, noted below:

An account that requires two signatures to make withdrawals may not be designated as a Payment Account.  When you use Bill Payment Service, you agree that the Bank may debit the Payment Account to pay checks that you have not signed.

When using Bill Payment Service, you can only pay payees with United States addresses. While most payments can be made using Bill Payment Service, the Bank reserves the right to refuse to make payments to certain payees.

Automatic recurring payments must be for the same amount each occurrence and can be scheduled in the following ways:

  • MONTHLY on the same calendar day each month.
  • SEMI-MONTHLY on the same calendar days each month.
  • WEEKLY on the same weekday each week.

If the regular payment day falls on a weekend or holiday the payment will be made on the preceding business day.

When you have entered and transmitted a payment instruction, you authorize the Bank to reduce the amount of the payment from the Payment Account accordingly.  If there are insufficient funds in the Payment Account to make payments you have authorized, the Bank may either refuse to make the payment or it may make the payment and thereby overdraw the Payment Account.  In either event, you are responsible for any non-sufficient funds ("NSF") or overdraft charges the Bank may impose, as stated in the Account Services and Fees brochure. The Bank reserves the right to refuse to honor payment instructions that reasonably appear to the Bank to be fraudulent or erroneous.

It is your responsibility to schedule your bill payments in such a manner that your bills will be paid on time. When using Bill Payment Service, you should enter and transmit your bill payment instructions at least four (4) business days before a bill is due if the payment can be made electronically (use the on-line vendor list to determine if a payment can be made electronically) or six (6) business days before a bill is due if the payment will be made by check.  You are responsible for any late payment or finance charges that may be imposed as a result of your failure to transmit payment instructions at least four business days in advance. Payment instructions received by the Bank on weekends or holidays will be considered received on the next business day.  The Bank is not responsible for delays caused by the United States Postal Service.

You should schedule payments to be made on or before the due date, rather than during any grace period after the due date.  The Bank is not responsible for any late payment or finance charges that may be imposed because you schedule a payment to be made after its due date.

Your bill payments will not include your payee's standard remittance slip.  Some payees may take more time to process your payment if the remittance slip is not included, and some payments sent without the remittance slip may be processed by your payee at a different address.  As a result, you should contact your payees to determine the proper address and amount of lead time for scheduling your payments.

After your payment instructions have been transmitted, you may void a payment (if, for example, a payment date or a payment amount is incorrect) if the voiding instruction is transmitted at least four (4) business days before the payment is scheduled to be made.  If your voiding request is not received at least four (4) business days before payment is to be made, you are responsible for the payment.

The Bank reserves the right to limit the frequency and dollar amount of transactions from your accounts for security reasons.

Expedited Payments: Our Bill Pay Service has an Expedited Payments feature.  This feature allows payments to be delivered to payees the next day for an additional fee of $4.95 for electronic ACH or $19.95 for check delivery overnight.

This helps any client who forgets to pay their bills and wishes to avoid costly late fees.

Please Note: Only select companies offer expedited services.  The Expedited Payment feature lists which payees accept these forms of payments.

Your Ability to Stop Payments: When using Bill Payment Service, payments can be stopped in the following ways:

For check payments: You may request that a stop payment be placed.  The stop payment request must be made before the check is cashed by the payee.  It is the policy of the Bank and its third-party processor to wait 5 days after the check has been mailed to place a stop payment order on check payments.

For electronic payments: You may not place stop payments.  However, you may cancel the payment request, either on-line or by contacting the Bill Payment Service up to 3 business days prior to the scheduled payment date to cancel the payment.

PLEASE NOTE: The initiation by you of certain Electronic Funds Transfers from your account will, except as otherwise provided in this Agreement, effectively eliminate your ability to stop payment of the transfer. Therefore, you should not employ electronic access for payments, purchases, or services unless you are satisfied that you will not need to stop payment.

Fees and Charges: You authorize the Bank to deduct all applicable Online Banking and Bill Payment Service fees from any account you have at the Bank.  The Bank may change or add fees by following the procedures for amending this Agreement.  See the Account Services and Fees brochure that you received with this Agreement for a disclosure of the fees for Online Banking.  Charges related to your checking account are also disclosed in our Account Services and Fees brochure.

Reporting Unauthorized Transactions and Error Resolution: If you think your account statement is wrong, or if you need more information about a transaction on your statement, write us on a separate sheet at the address listed on your statement.  Write to us as soon as possible.  We must hear from you no later than 60 days after we sent or delivered to you the FIRST statement on which the error or problem appeared.  You can provide oral notification to us, but we may require written confirmation to be provided within 10 business days of an oral notification of error.

Tell us your name and account number(s).  Describe the suspected error 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 and, if possible, the date is first appeared on your statement.  Give us a telephone number where you can be reached during our business hours in case we need further information.

Please forward all inquiries to:

Sound Community Bank
ATTN: Online Support
2400 3rd Avenue, Suite 150
Seattle, WA 98121

Your Rights and Our Responsibilities After We Receive Your Written Notice:  After we receive the proscribed notice, the Bank will determine whether an error occurred and report or mail the results of such investigation and determination to you within 10 business days.  If we determine an error did occur, we will correct the error within one business day of such determination.  The Bank may take up to 45 days after receipt of notice of error to complete its investigation.  In the event the Bank chooses to take 45 days, it will provisionally re-credit your account for the amount alleged to be in error, so that you will have 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.  If the Bank determines that an error did not occur, it will send you a written explanation within 3 business days after the conclusion of its investigation.  You may request copies of the documents that we used in our investigation.

Monthly Statements: The periodic statements for your accounts will include transfers and bill payments you authorize using Online Banking, as well as your other account activity.

Business Days: The business days for the Bank are normally Monday through Saturday.  Holidays are not business days.  Online Banking can only make transfers and bill payments on business days.  You may login to Online Banking 24 hours a day, seven days a week, except during maintenance periods.  When you process transfers or pay bills on a weekend or a holiday the transaction will post on the next normal business day.

Customer's Responsibility: You are responsible for all transfers and bill payments you authorize using Online Banking.  If you permit other persons to use Online Banking or your Password, you are responsible for any transactions they authorize from your deposit and credit accounts.

You should notify the Bank immediately if you believe any of your accounts have been accessed or your Password has been used without your permission.  Contacting the Bank immediately will help you reduce possible losses.

You can lose no more than $50 if you notify the Bank within two business days of discovering any unauthorized use of Online Banking or your Password.  However, you can lose as much as $500 if you do not notify the Bank within two business days of discovering the unauthorized use and the Bank can prove that it could have prevented the unauthorized use had it been notified.

Further, if you do not report unauthorized transactions which appear on your periodic statements within 60 days after such statements are mailed to you, you risk unlimited losses if the Bank can prove that it could have prevented the unauthorized use had it been notified within this 60-day period.

Bank Liability for Failure to Make Transfers: The Bank is liable for your actual losses if they were directly caused by any of the following:

The Bank's failure to make an electronic fund transfer, in accordance with the terms and conditions of the account, in the correct amount and manner when properly instructed to do so by the Customer.

The Bank's failure to make an electronic funds transfer due to insufficient funds when the Bank failed to credit, in accordance with the terms and conditions of the account, a deposit of funds which would have resulted in sufficient funds to make the transfer.

The Bank's failure to stop payment of a pre-authorized transfer when properly instructed to do so.  

However, the Bank will not be liable:

If you do not have adequate funds in an account to complete a transaction from that account, or if that account has been closed, or if withdrawals from any of your accounts have been prohibited by a court order such as a garnishment or other legal process.

If you do not have an adequate credit limit in a credit account to complete a transaction from that account.

If you have not properly followed Computer or Online Banking instructions on how to make a transfer or bill payment, or if your Computer fails or malfunctions, or if Online Banking was not working properly and this problem should have been apparent to you when you attempted to authorize a transfer or bill payment.

If you have not given the Bank complete, correct, and current instructions so that the Bank can make a transfer or bill payment.

If you do not authorize a bill payment soon enough for your payment to be made and properly credited by the payee by the time it is due.

If the Bank makes a timely bill payment but the payee nevertheless does not credit your payment promptly after receipt.

If circumstances beyond the Bank's control prevent making a transfer or payment, despite reasonable precautions that the Bank has taken.  Such circumstances include delays or losses of payments caused by telecommunication outages, postal strikes, actions of third parties (such as payees), equipment failures, and acts of God.

For any indirect, incidental, or consequential damages if the Bank's failure was not intentional and resulted from a bona fide error.

Disclosure of Account Information to Others: In order to protect your privacy, the Bank will not disclose any information about you or your accounts to any person, organization, or agency, except:

The Bank currently has an Agreement with an outside vendor under which the vendor assists in the provision of the Online Banking functions.  The Bank will provide this vendor with information about your accounts, your Online Banking transactions, and your electronic mail messages in order to carry out your instructions; Where it is necessary for completing transfers and bill payments; In order to verify the existence and condition of a Payment Account for a payee or holder of a check issued by Online Banking; In order to comply with laws, government agency rules or orders, court orders, subpoenas, or other legal process, or in order to give information to any government agency or official having legal authority to request such information.

At the Bank's discretion, the Bank may share information with affiliated companies.

By your written authorization which shall automatically expire after 30 days.

Amendments: The Bank may amend this Agreement, including the applicable fees, at any time by giving written notice as required by law.  Notices will be sent to the name that appears on the account at the last known address as shown on the records of the Bank.   All amendments will become effective as stated in the written notice.  If an account is used after the effective date of a change, the new terms and conditions of the Agreement will apply.

Assignment: The Bank may assign its rights and delegate its duties under this Agreement to a company affiliated with the Bank or to any other party.

Termination: Either you or the Bank may terminate this Agreement and your Online Banking subscription at any time upon giving notice of the termination to the other party.  If you terminate Online Banking, you authorize the Bank to continue making transfers and bill payments you previously authorized until such time as the Bank has had a reasonable opportunity to act upon your termination notice.  Once the Bank has acted upon your termination notice, the Bank will make no further transfers or payments from your accounts, including any transfers or payments you have previously authorized.  If the Bank terminates your use of Online Banking, the Bank reserves the right to make no further transfers or payments from your accounts, including any transactions you have previously authorized.

Remote Deposit Service: The remote deposit service allows you to make deposits of the electronic image of a check or substitute check (as defined by federal law) (each an "Item") to your checking, savings, or money market accounts at Sound Community Bank by capturing an electronic image of the Item with the capture device (such as a camera) on your mobile device and submitting images and associated information to us for processing.

Eligible Items. You agree that you will not use the remote deposit service to deposit any of the following Items:

  • Items payable to any person or entity other than you;
  • Items drawn on a financial institution located outside the United States;
  • Items containing obvious alteration to any of the fields on the front of the Item, or which you know or suspect, or should know or suspect, are fraudulent; or
  • Items prohibited by our current procedures relating to the remote deposit service or which are otherwise not acceptable under the terms of your checking, savings or money market account.

Image Quality and Duplicate Deposit.  The image of an Item transmitted using the remote deposit service must be legible and clear.  It must not be altered.  It must capture all pertinent information from both sides of the Item.  Image quality must comply with industry requirements established and updated by the ANSI, Federal Reserve Board and any other regulatory agency.

Endorsement.  You agree to endorse all Items captured and submitted using the remote deposit service.

Processing Time and Availability of Funds.  If we receive the image of an Item for deposit on or before 6:00 p.m. Pacific Standard Time on a Business Day, we will deposit the following business day.  If we receive the image of an Item for deposit after 6:00 p.m. Pacific Standard Time, or on a weekend or on a Non-Business Day, we will deposit within 2 business days.  For checks deposited into personal accounts, the first $225 of the deposit will be available within 1 Business Day after the day of deposit.  Any amount in excess of $225 will be available within 2 Business Days after the day of deposit.  For checks deposited into non-personal accounts all funds will be available within 2 Business Days after the day of deposit.

Disposal of Transmitted Items.  You agree to safeguard and keep the original Item for 35 Business Days after you have transmitted the Item.  After 35 Business Days following the deposit using the remote deposit service, if you have verified that the funds have been credited to your account, you agree to mark the item as "VOID" and properly dispose of it to ensure it is not presented for deposit again.

Restrictions and Limitations.  You agree:

  • only Items that originated as paper Items and no third party or electronic checks may be deposited using the remote deposit service.
  • after you submit an Item for deposit using the remote deposit service you will not redeposit or otherwise transfer or negotiate the original Item.
  • not to deposit Items into your account unless you have authority to do so.
  • Your daily and monthly limits may vary. Limits are disclosed within the online banking interface. We reserve the right to change from time to time the dollar amount of the deposit you are permitted to make using the remote deposit service.
  • after you submit an Item for deposit you are solely responsible for the storage or destruction of the original Items.
  • the electronic image of the Item will become the legal representation of the Item for all purposes; and
  • any image we receive accurately and legibly represents all of the information on the front and back of the original Item as originally drawn.

Minimum Hardware and Software Requirements.  In order to use the remote deposit service, you must obtain and maintain, at your expense, compatible hardware and software as specified by Sound Community Bank, including an Internet enabled mobile device as specified by us to use this service.

Eligibility, Termination and Changes.  You must meet the eligibility requirements in order to use the remote deposit service.  We have the right to suspend or terminate the remote deposit service at any time if you or your account(s) do not meet the eligibility requirements for the service. We also reserve the right to change the remote deposit service at any time.

Errors.  You agree to notify us of any suspected errors related to your deposit immediately and no later than 60 days after the applicable account statement is provided.

The remote deposit service is provided for your convenience and does not replace your monthly account statement, which is the official record of your account.  The remote deposit service may be delayed, interrupted, or otherwise negatively impacted by factors relating to your mobile device, your Internet service provider, wireless provider, or other parties, or due to other reasons outside of our control.  We will not be liable for any such delays, interruptions, or negative impacts to the remote deposit service, and you agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

You agree to indemnify, defend, and hold us harmless from and against any claims, losses, liability, cost, and expenses (including reasonable attorney's fees) arising from your use of the remote deposit service. This obligation survives termination of these End User Terms.

For fees associated with Remote Deposit Services, please refer to the fee schedule.

 

Zelle®

1. Description of Services

  1. 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.”
  2. 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.
  3. 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.

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 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. We respect the intellectual property of others and require that users of the Service comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services for users who use or publish Content on the Service that is subject to intellectual property rights claims.

We reserve the right to modify the terms and conditions of this Agreement at any time without notice. If you find these terms and conditions unacceptable at any time, you may discontinue your use of the Services, but these terms and conditions will survive such discontinuation with respect to activity occurring prior to such discontinuation. By continuing to use the Services after the date of any change of these terms and conditions you agree to be bound by the provisions contained in the most recent version of this Agreement.

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

In order to use this service, we may disclose information about your Account or the funds you receive or send to third parties:

I. In order to complete transactions;

II. In connection with offering the Service;

III. In connection with the investigation of any claim related to your Account or the funds you send or receive;

IV. To comply with government agency or court orders;

V. In accordance with your written permission; or

VI. As otherwise permitted in accordance with the terms of our Privacy Policy

 

4. Privacy and Information Security

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

5. Wireless Operator Data

We or Zelle® may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using the Service, you authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose your mobile number, name, address, email, 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.

6. Enrolling for the Service

  1. 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. You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol.
  2. Once enrolled, you may:
  1. authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and
  2. 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.”
  1. 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.
  2. 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, U.S. mobile phone number, Zelle® tag, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, U.S. mobile phone number, Zelle® tag and/or other alias to send or receive money as described in this 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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. To cancel text messaging from us, send STOP to 20736. For help or information regarding text messaging, send HELP to 20736 or contact us at 1-800-458-5585. You expressly consent to receipt of a text message to confirm your “STOP” request.
  6. Supported Carriers: Most major carriers supported; some restriction may apply.

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.

10. Liability

Neither we nor Zelle® shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle® to complete a transaction in the correct amount, or (ii) any related

losses or damages. Neither we nor Zelle® shall be liable for any typos or keystroke errors that you may make when using the Service.

THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE® TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE® DOES NOT OFFER A PROTECTTION 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).

11. Send Limits

Your daily and monthly limits may vary. Limits are disclosed within the online banking interface. We reserve the right to change from time to time the dollar amount of the transfers you are permitted to make using the Service.

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

If you have a question about a transfer you received or expected to receive, then we recommend you contact the sender and attempt to resolve the issue. If you believe an error has occurred, please refer to the Electronic Funds Transfer Disclosure Statement (Your Rights and Responsibilities) for more information on how to notify us of the error, including the timeframe in which you are required to notify us of any error involving a transfer. 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 transfer instructions on your behalf.

You understand that Zelle® or other Network Financial Institutions receiving the transfer instructions may rely on such information without getting further confirmation.

You understand that if you provide us with incorrect information or if there is any error in your instruction, you 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.

14. Your Liability for Unauthorized Transfers

Tell us at once if you believe that your mobile app password has been stolen, your account has been compromised, or a transfer 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). If you tell us within 2 business days after you learn your account has been compromised, you can lose no more than $50 if someone used your account without your permission.

If you do not tell us within 2 business days after you learn of the compromise or unauthorized access of your Online Banking Credentials, and we can prove we could have stopped someone from using your Online Banking Credentials without your permission if you had told us, you could lose as much as $500.

For more information on your rights and obligations concerning unauthorized transactions or errors, including the timeframe in which you are required to notify us of any error or unauthorized transaction, please refer to our Electronic Funds Transfer Disclosure Statement (Your Rights and Responsibilities), which was provided to you when you opened your enrolled account. In case of errors or questions about transactions made using the Service, promptly call us at 1-800-458-5585.

15. Liability for Failure to Complete Transfers

If we do not complete a transfer to or from your Enrolled 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:

  1. If, through no fault of ours, there are insufficient available funds in your Send From Account to make the transfer;
  2. If you have not provided us with complete and accurate information to send the transfer, including but not limited to the account number(s) for your Send To and Send From Accounts, the email address or mobile phone number of the recipient which is enrolled with the Zelle® Network, and transfer amount;
  3. If the intended recipient of a transfer is not enrolled as a User with the Zelle® P2P or a Participating Bank;
  4. If the system or Zelle® Service was not working properly and you knew about the breakdown when you started the transfer;
  5. If circumstances beyond our control, such as, for example, fire, flood, power outages, and network outages prevent the transfer, despite our taking reasonable precautions; or
  6. If the transfer would have violated the terms of the Zelle® Agreement with you, or laws or governmental regulations.

There may be other exceptions not stated in this Zelle® Agreement.

16. Fees

There is no fee to use the Service, however, standard account usage fees apply. We may change the fees that apply to the Service, and the circumstances under which fees may be waived at any time for any reason. We will give you reasonable notice of such changes as required by law. Please refer to the Truth in Savings Fee Schedule provided to you at account opening for applicable fees.

17. 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 Online Banking Customer Agreement which is available at Online Banking Customer Agreement (soundcb.com) and incorporated into and made part of this Agreement by this reference.

18. Cancellation of the Service

If you want to cancel the Service, you may contact us at 1-800-458-5585. Neither termination, cancellation nor suspension shall affect your liability or obligations under this Agreement. Any transfers that have begun processing before the termination date will be processed by us. If the Service is terminated or cancelled, you will need to re-consent to this Zelle® Agreement to re-enroll in the Service.

19. Right to Terminate Access

We reserve the right, at any time, to change, suspend or discontinue your access to the Service, in whole or in part, at our sole discretion, subject to any notice required by law and this Agreement. Termination can result from various events, including, but not limited to the following:

  1. any breach of this Agreement;
  2. legal judgments against you;
  3. changes in your credit status; or
  4. Governmental advice

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).

22. Indemnification

You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in terms and conditions of 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.

23. Governing Law; Choice of Law; Severability

The provisions of the terms and conditions of this Agreement will be governed by federal law and, to the extent that state law applies, the laws of the state that apply to the account agreement governing your enrolled account. If a court decides not to enforce a part of these terms and conditions, these terms and conditions will then read as if the unenforceable or invalid part were not there. All provisions in this Agreement are subject to any restrictions under applicable law.

24. Miscellaneous

Subject to the terms and conditions 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.

 

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