Description of Services
Thank you for requesting our funds transfer Service powered by Zelle®.
We have partnered with the Zelle Network® ("Zelle®") to enable a convenient way to send and receive money with others you trust, who are enrolled with Zelle®, with Civista Bank or with another financial institution that partners with Zelle® (each, a "User") using aliases, such as email addresses, mobile phone numbers, or other unique identifiers described in these terms (the “Service”). We will refer to financial institutions that have partnered with Zelle® as "Network Financial Institutions."
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 Financial Institution.
THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.
You agree to these terms of service when you enroll and each time you use the Service. Not all Accounts are eligible for the Service.
"You" and "your" means the person or persons that use(s) the Service and any joint or other authorized Account holder or authorized party on the Account and their successors and assignees.
"We", "us" and "our" means Civista Bank and its agents, processors, affiliates, representatives, successors and assigns.
"Zelle®", "Zelle Network®" and "Network" means the network run by Early Warning Services, LLC and are used herein under license. It connects participating financial institutions ("Network Financial Institutions") so that Network Financial Institutions can move money between Network Financial Institution customers (collectively referred to as "Users") quickly and efficiently.
Please refer to the Glossary at the end of these Terms of Service for the meanings of additional capitalized terms used throughout.
Ownership
The Application and/or Service and all the related software, computer code, design, visual interfaces, graphics, information, data, services, documentation and other materials associated with the Service ("Service Properties") are owned and operated by us, is our intellectual property or the intellectual property of our third-party licensors and is protected by proprietary rights. You can only use the Service and the Service Properties as we allow, and we reserve all our rights to them.
Eligibility and User Profile
To send or receive Money Transfers using the Service, you must have an eligible Civista Bank consumer Account in good standing, have accepted our Electronic Delivery Disclosure Notice for your Account, enrolled for the Service via Civista Bank’s Digital Banking or mobile app and completed other enrollment procedures that we require.
When you enroll to use the Service or when you permit others to whom you have delegated to act on your behalf to use or access the Service, you agree to the terms and conditions of this Agreement. You represent that you are at least 18 years of age and you have the authority to authorize debits and credits to the enrolled bank account.
You agree that you will not use the Service to request, send or receive money from 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. You agree that you will not authorize a third party to use the Service or share your credentials with a third party to use the Service on your behalf except in legally authorized situations such as legal guardianship or pursuant to a power of attorney. Zelle® and we reserve the right to terminate, suspend, or limit your access to or use of the Service at any time and without prior notice, including for reasons involving your use of the Service at any Network Financial Institution which use may be deemed to be illegal, improper, brand damaging or potentially exposing us, Zelle®, or the financial system to risk.
The Service is intended for personal, not business or commercial use. You agree that you will not use the Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Service with your business account or to receive business or commercial payments. We 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.
All Users of Money Transfers using the Service must enroll with Zelle® through a Network Financial Institution. Until they are enrolled, you will not be able to send them money, or receive money from them, using the Service.
Content Standards: You agree that you will not use the Service in any way, or upload or provide content or otherwise post, transmit, distribute, or disseminate through the Service any material, that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Zelle®, as determined by Zelle® in its sole discretion; or (f) in Zelle® or our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose us, Zelle® or our respective affiliates or customers to harm or liability of any nature.
Although neither we nor Zelle® have any obligation to monitor any content, both we and Zelle® have absolute discretion to remove content at any time and for any reason without notice. We and Zelle® may also monitor such content to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Service, you may be exposed to content that is offensive, indecent, or objectionable. We and Zelle® are not responsible for, and assume no liability for any content, including any loss or damage to any of your content. We and Zelle® make no representation or warranty that content uploaded to a User profile accurately identifies a particular User of the Service.
The Service may include functionality for you to use a unique alpha-numeric identifier to your enrolled User profile to be used in lieu of your mobile phone number or email address when sending, receiving, or requesting money, which will be your Zelle® tag. Each Zelle® tag must have an eligible U.S. mobile phone number associated with it and there will be a limit on the number of Zelle® tags you may use. Your Zelle® tag must meet the Content Standards. You may not select a Zelle® tag that misleads or deceives other Users of the Service as to your identity, or otherwise. Although neither we nor Zelle® have any obligation to monitor User Zelle® tags, both we and Zelle® have absolute discretion to remove a User Zelle® tag at any time and for any reason without notice. We and Zelle® may require you to change your Zelle® tag in our sole discretion, and we may elect to make a Zelle® tag unavailable to you, without any liability to you. We and Zelle® may also monitor User Zelle® tags to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Service, you may be exposed to a Zelle® tag that is offensive, indecent, or objectionable. We and Zelle® are not responsible for, and assume no liability, for any User Zelle® tags, including any loss or damage caused thereby. We and Zelle® make no representation or warranty that a User Zelle® tag accurately identifies a particular User of the Service. We respect the intellectual property of others and require that users of the Service comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services for users who use or publish content on the Service that is subject to intellectual property rights claims.
Consent to Use and Disclose Personal Information (Including Account Information)
Once you have enrolled for the Service, you can send a one-time Money Transfer to another enrolled person using your U.S. mobile phone or our digital banking service platform by entering the enrolled e-mail address or enrolled mobile telephone number of that other person. In addition, Money Transfers sent to your e-mail address or U.S. mobile telephone number will be deposited into the Account that you designate when you enroll for the Service.
You understand and agree that we can share information about you with Zelle® and any other Network Financial Institutions involved with your Money Transfers for purposes of processing your Money Transfers using the Service and resolving any errors, disputes or other processing issues. Information we can share includes the information you provide at enrollment, your e-mail address and U.S. mobile telephone number, as well as other information you provide to us about the Service from time to time including updated information.
You also understand and agree that we will share information about you with third parties in connection with the Service including to help complete transactions that you request.
When you enroll for the Service and each time you use it, you are representing to us that you are an owner of the U.S. mobile telephone number or e-mail address you are using to send or receive Money Transfers. You will not allow third parties to use the Service on your behalf or use your e-mail address or U.S. mobile telephone number information you designated when you enrolled for the Service.
You agree that we can in our sole and absolute discretion at any time and without liability to you: (1) decline to make any Money Transfer that you request; and (2) require additional security and verification steps that we specify to you for us to confirm the validity of certain Money Transfers being requested using the Service.
Privacy
We understand how important privacy and confidentiality are to you. Please consult our Digital Practices and Privacy Notices at www.civista.bank about our commitment to you and your privacy rights. Information regarding mobile banking security can also be found on our website.
Information Security
You are responsible for protecting your Equipment against unauthorized use as well as any losses and damages from unauthorized access. You agree to protect your Equipment, set up strong passwords and take other reasonable security precautions to protect your Equipment from unauthorized use. We are not responsible or obligated for any of these security precautions.
You also agree to: (1) keep your passwords secret and change them regularly; (2) restrict access to your Equipment, and passwords to those who have a legitimate need for them; (3) supervise all people that you allow to use your Equipment or the Service; (4) regularly monitor access and use of the Service including promptly reviewing our notices to you and your Account statements and (5) tell us immediately when your Equipment is lost or stolen or you believe there has been any unauthorized activity involving the Service; and (6) promptly change your passwords and remove anyone who is no longer authorized to use the Service.
Protecting our customers’ financial and personal information is a priority for Civista Bank. Learn more about how we help protect your personal and financial information and ways you can help protect yourself under Fraud & Security at www.civista.bank.
Wireless Operator Data
We or Zelle® may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using the Service, you authorize your wireless carrier to use or disclose information about your wireless account and your wireless device, if available, to Zelle®, Civista Bank or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to help prevent fraud. See Zelle®’s Privacy Policy for how it treats your data. For more information about our privacy and security practices and a link to our Privacy Policy go to our website at https://www.civista.bank.
Enrolling for the Service
You must provide us with an active email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and/or a permanent, active U.S. mobile phone number that you intend to use for an extended period (i.e., no "burner" numbers) which is associated with a U.S. mobile network. We may require a mobile phone number for us to provide you with a one-time password. You may not enroll in the Service with a landline phone number, toll-free number, international number, Google Voice number, or Voice Over Internet Protocol ("VoIP") number.
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. In addition, you can 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”.
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 your 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.
Once enrolled, a Z logo will appear on your profile for each U.S. mobile number and/or email address that you have enrolled with Zelle®. The Z logo will be displayed to other Users to aid them in determining which of your U.S. mobile numbers or email addresses should be used to send money with Zelle®. If a User sends you money using a different U.S. mobile number or email address that they may have for you (one that is not already enrolled), you will receive a message with instructions on how to enroll it with Zelle®.
If you enroll for the Service and select to use a Zelle® tag, the mobile phone number associated with your User profile will be used as the Contact Method for communication related to the Service and must meet the requirements described herein.
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 document.
You agree that we can also communicate with you and send notices regarding the Service and these terms - including notices about Money Transfers or changes to these terms or the Service - in any way the law allows. You consent to the receipt of emails or text messages from us, from Zelle®, from other Users that are sending you money or requesting money from you, and from other Network Financial Institutions or their agents regarding the Services or related transfers between Network Financial Institutions and you. You agree that we may, Zelle® may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. This includes communications by automated (autodialed) calls and text messages to your U.S. mobile phone (even if you have set up a "quiet time" or other suspension of notifications from us on your U.S. mobile phone), other e-mail addresses, regular mail, through the Application or website postings.
We may send you notices and information about the Service or these terms electronically as described in our Electronic Delivery Disclosure Notice and digital banking service for your Account. You agree that you can receive, read, store and print information that we send to you electronically as described. 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 or is used as a Contact Method for a Zelle® tag 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 1-833-971-4071. For help or information regarding text messaging, send HELP to 1-833-971-4071 or contact our customer service at 1-833-971-4071. You expressly consent to receiving a text message to confirm your "STOP" request.
- Supported Carriers: AT&T, Verizon and T-Mobile
Receiving Money; Money Transfers by Network Financial Institutions
All Money Transfers to you shall be performed by a Network Financial Institution per the direction of that User and at all times subject to the terms and conditions of the relevant service agreement between a Network Financial Institution or Zelle® and their customers, including without limitation any restrictions or prohibitions on permissible transactions.
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, to protect you, us, Zelle® and the other Network Financial Institutions, and other Zelle® users, we may need or Zelle® may need additional time to verify your identity or the identity of the person sending the money. We or Zelle® may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we or Zelle® delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (i.e., email, push notification). We are not responsible for any costs or damages, whether direct or incidental, related to any delays in Money Transfers.
If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both these terms and the procedures of the business or government agency that is sending you the payment.
We have no control over the actions of other Users, the Network Operator or other Network Financial Institutions that could delay or prevent a transfer of money to you.
Sending Money; Debits by Network Financial Institutions
You may send money to another User at your initiation or in response to that User’s request for money. Any Money Transfer you request can only be completed if there are available funds in your Account. You understand that use of this Service by you shall at all times be subject to (i) these terms, and (ii) your express authorization at the time of the transaction for us to initiate a debit entry to your bank account. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Service with the email address or U.S. mobile number to which you initiated the payment. If the person you sent money to has already enrolled with Zelle®, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked. We therefore recommend that you use the Service to send money only to people you know and trust.
In most cases, when you are sending money to another enrolled User, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle®, the other Network Financial Institutions, and other Zelle® users, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as User with Zelle®, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle®, or otherwise ignore the payment notification, and the transfer may not occur.
The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we or Zelle® delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e., email, push notification).
Neither we nor Zelle® have control over the actions of other Users or other Network Financial Institutions that could delay or prevent your money from being delivered to the intended User. You understand that once the payment is sent to another User, you will have no ability to cancel the payment.
Send with Zelle
When you send a one-time transfer, we will inform you whether the transfer will occur in minutes ("Expedited") or 1-3 days ("Standard"); however, there are circumstances when the payment may take longer. For example, to protect you, us, Zelle and the other Network Financial Institutions, we may need additional time to verify your identity or the identity of the person receiving the money. An unenrolled recipient must enroll within 14 days of your request of a Money Transfer to or from such enrolled recipient and set up the same e-mail address or mobile telephone number that you entered for us to send them money. During the 14-day period, your funds will be debited from your Account for the amount of the Money Transfer and held pending completion of the transfer by the recipient. If you are sending money to someone who has not enrolled as a User with either Zelle or a Network Financial Institution, the transfer may take up to two (2) days from the day the intended recipient responds to the payment notification by enrolling as a User.
Liability
Neither we nor Zelle® shall have liability to you for any such 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. NEITHER WE NOR ZELLE® OFFER PURCHASE PROTECTION FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED). REIMBURSEMENT IS AVAILABLE ONLY FOR UNAUTHORIZED TRANSACTIONS OR TRANSACTIONS RESULTING FROM CERTAIN QUALIFYING IMPOSTER SCAMS. CONTACT US TO DISPUTE A TRANSACTION.
You agree that you, not WE or Zelle®, are responsible for resolving any payment or other disputes THAT YOU HAVE with any other User to whom you send money or from whom you receive OR REQUEST money while using the Service.
Send Limits
The Service is subject to limits on the amount and frequency of Money Transfers to and from each Account. These limits are designed to be flexible to protect the security and integrity of the Service and accounts, including protecting you and all other participants of the Service. These limitations may be based on confidential fraud and risk criteria that are essential to our management of risk and the protection of you and the integrity of the Service and may be modified at our sole discretion without advance notice.
Requesting Money
You may request Money Transfers from another User. You understand and acknowledge that Users to whom you send Money Transfer requests may reject or ignore your request. Neither we nor Zelle® guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither we nor Zelle® accept responsibility if the other User rejects or ignores your request or sends you an amount that is less than you request. If a User ignores your request, we may decide or Zelle® may decide, in our discretion, that we will not send a reminder or repeat request to that User.
By accepting these terms, you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify , defend and hold harmless Zelle®, its owners, directors, officers, agents and Network Financial Institutions from and against all claims, losses, expenses, damages and costs (including, by 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.
Transaction Errors
Your rights and obligations in the event of an error in connection with the Service are described in the Electronic Fund Transfer Disclosure Statement Section for your Account.
Accuracy of Recipient Information
You agree that all Money Transfers will be completed using only Recipient’s e-mail address or Mobile Device telephone number that you enter even if it identifies a person different from your intended Recipient. While information you might enter in the memo field or elsewhere may be monitored for Network security purposes, it will not be screened by us for accuracy or otherwise used by us to process Money Transfers.
Please make sure you accurately enter your Recipient’s e-mail address or Mobile Device telephone number, as Money Transfers cannot be cancelled once submitted and you will still be responsible for it if you enter the wrong information.
Availability of Money Transfers
If the recipient is also enrolled with us for our Service, Money Transfers will be immediately debited from your Account and reflected in the recipient's Account within the time frames indicated in our Availability Schedule.
We are not responsible for any failure of another financial institution or Network Financial Institution to timely credit the recipient’s or User’s account or for other delays in a recipient’s receipt of a Money Transfer.
All credits to your Account will be provisional until the credit has been finally settled by us or the Network Financial Institution which holds the sender’s account. We will deposit these funds from a settled Money Transfer into your Account within the time frames indicated in our Availability Schedule.
Your Liability for Unauthorized Transfers
Zelle® payments are generally not reversible. However, if you notice an unauthorized Zelle® transaction, immediately contact us and report the issue. Be prepared to provide information regarding the transaction, such as date, amount, and transaction ID.
Liability for Failure to Complete Transfers
A Zelle® “unable to complete” error can be attributed to various issues, including problems with the Recipient’s enrollment, insufficient funds, or incorrect information. Your responsibility is to confirm the Recipient is enrolled and their information is correct, and to check payment status to ensure the status is not pending. If the issue persists, contact us for further assistance.
Service Fees and Other Money Transfer Services
There is no separate fee for sending or receiving a Money Transfer. However, all required hardware and software will be at your expense. Also, message and data rates may apply from your mobile service provider. Please check with your mobile service provider for details.
We offer other services for transferring funds to third parties. Please see our account disclosures for details.
Use of Our Digital Banking Website and/or Mobile App
You agree to access this website and our mobile app in compliance with our Digital Banking Terms & Conditions, which are available on our website at www.civista.bank and incorporated into and made part of these terms by this reference.
Cancellation, Modification, Suspension or Termination
We can in our sole and absolute discretion at any time:
- Change any part of these terms, the Application or the Service.
- Suspend your use of the Service and Application or terminate the Service without notice to you.
The most up-to-date version of these terms will be on our website available through our digital banking service and you should review it on a regular basis. When you later use the Service or Application you agree to all changes we have made.
You can terminate the Service at any time by notifying us and discontinuing your use of the Service and the Application.
Assignment
You cannot assign these terms or your rights and obligations under them to someone else without our permission. We can assign these terms and our rights and obligations to someone else (“assignee”) without your permission or prior notice to you. The assignee will then take our place under these terms.
Disclaimer of Warranties
EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, NEITHER WE NOR ZELLE® MAKE EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. WE AND ZELLE® EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ABOUT THE SERVICE DESCRIBED OR PROVIDED. NEITHER WE NOR ZELLE® WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
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 FINANCIAL INSTITUTIONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF ZELLE® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ZELLE®’S SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK FINANCIAL INSTITUTIONS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
Indemnification
You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided herein, you agree to indemnify, defend and hold harmless us, Zelle®, its owners, directors, officers, agents and Network Financial Institutions from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of these terms.
Governing Law
These terms shall be construed in accordance with the laws of the State of Ohio. Jurisdiction for any matter arising under these terms shall be in Erie County, Ohio.
The Service can be affected by the terms of other agreements you have with other parties including those with your mobile phone provider and any mobile service. We have no responsibility or obligations under any such agreement, and these terms will not change any of your rights and obligations under those other agreements.
The terms contained herein are in addition to other agreements, terms, conditions, disclosures and fee schedules you have from us related to your Account(s) including, but not limited to, those for our mobile banking and digital banking services. If there is a conflict between these terms and those in agreements related to other services or accounts provided by us to you, these terms will control solely as to the Service described herein; as to any conflict not related solely to the Service described herein, the other agreement will control.
In addition to these terms, Money Transfers to accounts outside of us including the sending of data related to these transfer instructions and settlement of the funds will be governed by: (1) the rules governing the Zelle Network® and its participants; and (2) the rules of the National Automated Clearing House Association ("NACHA") and any applicable regional automated clearing house. You and we will be bound by these rules that are in effect from time to time.
Severability
In the event any term, provision or condition contained herein shall be determined invalid or unenforceable, the remainder of this document shall not be affected thereby.
Waiver
No waiver by us of any covenant or condition or of the breach of any covenant or condition of these terms by you shall be taken to constitute a waiver of any subsequent breach of such covenant or condition nor to justify or authorize the nonobservance on any other occasion of the same or of any other covenant or condition thereof.
Chargeback
We can chargeback your Account or any other deposit account you have with us for the amount of a Money Transfer that is: (1) returned to us; or (2) is rejected by us for any reason. This is true even if you have made withdrawals against it. We can also charge fees connected to the chargeback as described in your fee schedule and other agreements with us.
Availability of Service/Disruptions
Subject to these terms, the Services are generally available 24 hours a day, seven days a week except for outages for maintenance, technical problems, circumstances beyond our or Zelle®’s control or other reasons. Notwithstanding, we are not responsible if Services are not available. Live customer service generally will be available Monday through Friday from 8:00 AM - 5:00 PM EST and Saturday from 8:00 AM - 12 PM EST, excluding U.S. bank holidays. You can visit one of our branches or call 1-800-604-9368.
Additional Terms
We can add eligibility and registration requirements to the Service at any time. For example, we can ask you to verify the e-mail address or U.S. mobile phone number you may use to enroll for the Service by having you enter a code that we send to the e-mail address or mobile phone number you are trying to enroll.
Glossary
"Account" means your eligible Civista Bank consumer checking account or other eligible deposit accounts with us that permit you to make fund transfers into using the Service. In general, these are Accounts where you have access and authority as an authorized signer according to our records and as provided in our digital banking services.
"Agreement" means all of the terms and disclosures related to your use of the Service including, but not limited to, those contained in this document.
"Application" means all of our computer software, computer code, design, visual interfaces, graphics, information, data, services, documentation and other materials associated with the Service that we provide.
"Availability Schedule" means the section in the deposit account terms and conditions for funds availability which describes when we will make funds deposited by you available for your withdrawal.
"Equipment" means your Mobile Device and any other computer, tablet or other device and associated software you use in connection with the Service.
"Mobile Device" means your mobile telephone or smartphone and associated software you use in connection with the Service.
"Money Transfer" means the person-to-person transfer of money from or into your Account using or related to the Service.
“Recipient” is a User to whom you send a Money Transfer.
"Service" means our funds transfer service using the Zelle Network® to allow you to authorize us to send and receive money with others you trust.
