CUSTOMER NOTICE: This Agreement combines our previously separate agreements for Online Banking and Mobile Banking services.
- For any customer newly enrolling in Mobile Banking, this Agreement is effective upon your acceptance.
- For any customer already enrolled in both Online Banking and Mobile Banking, this Agreement shall be effective 30 days after your acceptance.
Consumer Online and Mobile Banking Combined Agreement
(Version January 2017)
This Consumer Online and Mobile Banking Combined Agreement (this "Agreement") governs both the Online Banking service and our Mobile Banking service (together the "Service") that ZB, National Association ("we", "us" or "our") provides to consumer customers ("you") and your use of the Service. ZB, N.A. operates through divisions with trade names that include Amegy Bank, California Bank & Trust, National Bank of Arizona, Nevada State Bank, Vectra Bank Colorado and Zions Bank (each a "Division"). Other capitalized terms are defined at the end of this Agreement.
Certain functions in Online Banking or in Mobile Banking are not available in both services (e.g., remote deposit capture is only in Mobile Banking, and stop payment on checks is only in Online Banking). To use the Service in both the Online Banking channel and in the Mobile Banking channel, we can require that you separately enroll via each channel.
Features within Mobile Banking and/or Online Banking are subject to change without notice. To use the Service with accounts at more than one Division, you must separately enroll in each such Division's Service.
This Agreement is supplemented by the terms of your Deposit Account Agreement and other Account Agreements, but governs over any conflicting terms therein with respect to the Service. This Agreement includes certain licensing rights and restrictions, including an end user agreement between you and our primary software licensor, FIS Mobile. See also the section entitled "Entire Agreement" near the end of this Agreement.
2. ACCEPTING THIS AGREEMENT
Before using the Service, you must both (a) consent to receive disclosures and notices electronically, and (b) read and accept this Agreement. You agree that you are deemed to automatically renew that consent and acceptance each time you log in and use the Service.
The current version of this Agreement can always be viewed online at your Division's Website (listed at the end of this Agreement).
3. YOUR CONSENT TO ELECTRONIC DISCLOSURES AND RECORDS
You should print or save a copy of the following Consent and this Agreement for your records.
We are required to disclose certain information to consumers in writing. With your prior consent, however, we can provide that information electronically rather than by paper. We also need your general consent to use electronic records for certain consumer transactions.
By accepting this Agreement, you hereby consent and agree to: (a) our delivering disclosures, notices and other information (including this Agreement) in only electronic form, even those required to be provided in writing, and (b) our using electronic records and communications to you in connection with the Service. We require that consent as a condition of providing the Service to you. Your consent extends to each account that you now or hereafter enroll in the Service.
You may at any time withdraw your consent to electronic delivery instead of paper by calling or writing your Division's Customer Service, but we may then terminate your ongoing use of this Service (and not process any previously-scheduled future payments). Your Customer Service number and address appear in the next Section of this Agreement.
To use the Service and receive electronic disclosures: you must be enrolled and activated in our Online Banking service and/or our Mobile Banking service; your computer and/or Mobile Device must use commonly accepted and recently updated software for reading and saving PDF and HTML documents; you must be connected to the Service via your internet service provider or your mobile communications data service provider; your computer or Mobile Device must use a commonly accepted and recent updated version of an HTML compliant web browser that supports Transport Layer Security ("TLS") encryption; and you provide us with and maintain your valid updated email address. For Mobile Banking, you must also have the most recent version of our Mobile Banking Software installed on your Mobile Device, have your Mobile Device and mobile phone number registered with the Service, and have your Mobile Device enabled for SMS text messaging. You must regularly install updates as they become available to your computer's and/or Mobile Device's operating system, web browser and PDF reader (and, if applicable, your Mobile Banking Software).
Permissible electronic delivery by us includes (i) by email to any address you have provided for use with this Service, including documents attached to email, (ii) by SMS text message to any Mobile Device telephone number you may have provided to us (including but not limited to the mobile number that you have listed in your enrollment in the Service), (iii) by display on your screen or other "in-product" message during your Service activity, (iv) by posting it to your Division's Website or in our Mobile Banking Software, (v) by message printed on the periodic statement for your Eligible Accounts if you have agreed to receive that statement electronically, or (vi) any other electronic means that you have authorized elsewhere or hereafter authorize pursuant to this Agreement.
You hereby confirm to us that you have verified your hardware and software, and your ability to access, view and print or electronically save (including taking screenshots) notices and disclosures delivered by the foregoing electronic means. If you do not have the ability to view and print or save such notices and disclosures, you must not enroll in or use the Service.
Electronic disclosures can include, without limitation, prior notice to you of preauthorized debits that vary in amount to your enrolled accounts; notices of processed payment instructions; notices of receipt of payments; and notices regarding changes to the Service, including notices of amendment to this Agreement.
You are solely responsible for advising us of any change in your email, mobile device number, or other electronic or postal addresses you use for this Service. You can advise us of such changes by calling or writing your Division's Customer Service (we encourage you to simultaneously update your addresses within the separate general services section of your Division's Website.)
We do not charge for electronic delivery. You may request a paper copy of an individual prior electronic notice or disclosure by calling or writing your Division's Customer Service. Ordinary copy fees as disclosed for your Eligible Accounts shall apply.
4. CUSTOMER SERVICE
The telephone number and address for your Customer Service number depends on which Division of ZB, N.A. provides your Service:
|For customers of:||Call:||Or write:|
|Amegy Bank||(888) 500-2960||P.O. Box 4837|
Houston TX 77210-4837
|California Bank & Trust||(888) 217-1265||550 South Hope Street, 3rd Floor|
Los Angeles, CA 90071
|National Bank of Arizona||(800) 497-8168 option 4.||6001 N. 24th Street|
Phoenix, AZ 85016
|Nevada State Bank||(888) 835-0551||P.O. Box 990|
Las Vegas, NV 89126-0990
|Vectra Bank Colorado||(800) 884-6725||P.O. Box 30709|
Salt Lake City, UT 84130
|Zions Bank||(800) 974-8800||One Main Street, 7th Floor|
Salt Lake City, UT 84133
5. AVAILABLE ONLINE AND MOBILE BANKING SERVICES
With the Service, you may enroll your eligible loan, credit card and deposit accounts as Eligible Accounts and may then access those Eligible Accounts to obtain balances, transaction history and other information. You may also conduct the types of transfers described in the section below entitled "TRANSFERS". You may also use Bill Pay, Popmoney, External Account Transfers and certain other electronic banking services by agreeing to separate agreements for those services. We may, from time to time, offer and introduce new electronic banking services. All of these current and future services will be governed by the terms of this Agreement. Not all functions are available in both Mobile Banking and Online Banking.
6. PROTECTING YOUR ACCOUNT
6.1 Access Credentials
Protect Your Access Credentials - Your Access Credentials are used to gain access to the Service and should be kept confidential at all times. For your protection, change your Access Credentials regularly. It is recommended that you memorize your Access Credentials and do not write them down. You are responsible for keeping your Access Credentials, account numbers and other account data confidential. In addition to requiring your Access Credentials, we may in our sole discretion present you with challenge questions at the time of your log in to help further authenticate your identity, and we reserve the right to deny Service if you are unable to answer those questions to our satisfaction.
If you first enroll in Online Banking, the Access Credentials issued to you will also be your primary Access Credentials if you later enroll in Mobile Banking. If you first enroll in Mobile Banking, your primary Access Credentials will also be your Access Credentials for Online Banking.
For Mobile Banking, in addition to your primary Access Credentials, we may also permit alternate Access Credentials, including but not limited to: (1) a simplified passcode for limited functionality (e.g., viewing) that does not include transferring funds, and/or (2) biometric identification (e.g., touchscreen fingerprint) that can include any mobile banking functionality. Commercially reasonable types of alternate Access Credentials methods can be added, removed, substituted or changed by us from time to time without prior notice. If you elect to use an optional biometric identification procedure (such as Touch ID) that is performed on your Mobile Device or by a third party service selected by you, then we can accept and act upon identification communicated to us from that Mobile Device or service, and we can grant access to Mobile Banking without further action or responsibility on our part to confirm your identity. Important Note: if you allow any other person's biometric information to be associated with a Mobile Device that you have registered for your biometric identification, then that person's biometric information is one of your Access Credentials and you are authorizing that person to transact in your Mobile Banking service. Enabling biometric identification on a Mobile Device that you share with another person is strongly discouraged. Alternate Access Credentials may not be available for all Mobile Devices, functionalities, types of accounts, or classes of Mobile Banking.
You must un-register any Mobile Device(s) that you no longer wish to be capable of using Mobile Banking.
Subject to applicable law (including Regulation E consumer protection provisions), you agree that it is commercially reasonable for us to verify the authenticity of a funds transfer order by receipt of your Access Credentials, and that all instructions verified with your Access Credentials shall be deemed your enforceable orders to us.
6.2 Your Liability for Unauthorized Transfers
If you believe your Access Credentials, Mobile Device or any other access devices may have been lost or stolen, or that someone may have transferred or may transfer funds from your Eligible Accounts without your authorization, call your Division's Customer Service at IMMEDIATELY. (See the Section above entitled "Customer Service" for the phone number and address for your Division). For a complete disclosure of your and our responsibilities and liability with respect to unauthorized transactions, see your Account Agreements.
6.3 In Case of Errors or Questions About Your Account
Please contact your Division's Customer Service in regards to errors or questions about your transfers or Eligible Accounts. (See the Section above entitled "Customer Service" for the phone number and address for your Division). Your Account Agreements outline how errors and questions on electronic funds transfers are processed.
7. ACCESSING YOUR ELIGIBLE ACCOUNTS
You may access an Eligible Account in Online Banking through your Division's Website, or in Mobile Banking through our Mobile Banking Software, using your Access Credentials. Basic requirements for accessing the Service are set forth above in your Consent to electronic disclosures.
When you access the Service, you will see a menu of currently available functions (e.g., view balances; view or search for transactions; locate branches; execute specific types of internal or external funds transfers; mobile remote deposit; etc.). From time to time, with or without prior notice, we can add, modify and delete particular access protocols, features and functionality, the menus, the Website and the Mobile Banking Software. Not all Service functions are available through both the Online Banking and Mobile Banking channels.
We reserve the right to refuse to make any transaction that you may request through the Service.
7.2 Service Availability
We will use reasonable efforts to make the Service available for your use with minimal interruptions. The Service may be temporarily unavailable for regular or emergency system maintenance. We will endeavor to have our scheduled maintenance occur during non-peak hours, but we may conduct maintenance at any time. In addition, your accessibility to the Service may be interrupted because of conditions beyond our control, including outages in Internet or telecommunications availability, or to allow emergency personnel to use the communication networks. We will use commercially reasonable efforts to re-establish the Service in those instances, but we do not promise the Service will always be available for your use. We do not guarantee functionality of the Service or any Mobile Banking Software through all appropriate web browsers or on all Mobile Devices, on all communications networks, in all geographic regions, or at all times. In no event, regardless of cause, shall we be liable to you for unavailability of the Services, or your inability to access the Service or to execute Service functions.
7.3 Electronic Mail
Sending email is one way to communicate with us. You may use email to ask general questions and to provide feedback to us. However, you cannot use email to initiate transactions on your Eligible Account(s).For your security, please do not include any sensitive information (e.g. account numbers) in emails to us.In Online Banking you may include sensitive information using the Message feature.
7.4 New Services
We may, from time to time, offer and introduce new functions in the Service. By using these functions when they become available, you agree to be bound by all rules we communicate to you concerning those functions.
Currently, we charge no fees for accessing your Eligible Account(s) through the Service. Please note, however, that fees may apply to certain transactions performed while using the Service. Those fees are either (a) stated in your separate fee disclosures for the affected Eligible Account (e.g., the fee to stop payment on a check, or the cash advance fee to transfer funds from a credit card account to a deposit account); or (b) displayed within the Service itself when you request the transaction but before the fee is actually incurred (e.g., the fee for expedited delivery of a Bill Pay or Popmoney transfer, or the fee for a mobile remote deposit).
We reserve the right to institute or change fees for the Service after sending you prior notice. Fees may be assessed by your internet or mobile communications service provider. You are responsible for all fees and charges that you may incur to any communications service provider or any other third parties.
7.6 Equipment and Communication Providers
You are responsible for obtaining your own equipment, software and internet and/or mobile communications service providers. We are not a party to, and we have no duty, liability or responsibility with respect to or in connection with (i) your internet or mobile communications service provider agreement, or (ii) any hardware, software or other any product or service you may purchase from others relating to your use of the Service. This Agreement does not amend or supersede any agreements that you have with third parties (such as your Mobile Device supplier and your mobile communications service provider), and you remain subject to all terms, fees, costs, other charges, limitations and restrictions in those agreements with third parties. Your hardware, software and communications providers are responsible for their products and services. You agree that any problems you may have concerning those companies' products, services or agreements shall be resolved by you directly with them, and without involving us.
Your hardware, software and/or communication services may become subject to unauthorized tracking, "hacking" or other manipulation by spyware, viruses, malware or other malicious code. We are not responsible for advising you of the existence or potential effect of any malware. Your use of your hardware, software and communication services are at your own risk.
7.7 Export Controls
Software programs, materials, tools, and technical data may be subject to U.S. export controls or the trade laws of other countries. You agree to comply with all export control regulations. You also acknowledge that you, not we, have the responsibility to obtain such licenses to export, re-export or import as may be required. You agree not to export or re-export to entities on the most current U.S. export exclusion lists or to any country subject to U.S. embargo or terrorist controls as specified in the U.S. export laws.
7.8 Mobile Banking License Rights Generally
In connection with your use of Mobile Banking Software, we and our licensors (or other third-parties who have directly or indirectly granted rights in those software systems and programs with respect to Mobile Banking) require your agreement to certain license rights arrangements and/or end-user agreements ("Licenses"). By enrolling in portions of Mobile Banking relating to those software systems and programs, and by downloading and installing Mobile Banking Software, you accept the terms and conditions of those Licenses.
We and our service providers (including without limitation third-party providers of Mobile Banking Software) reserve all rights not granted to you in this Agreement and under the terms of such Licenses. If you obtain a different Mobile Device, you will be required to download and install Mobile Banking Software to that different Mobile Device under the same terms set forth in this Agreement. You agree to delete all such software from your Mobile Device promptly if the Licenses or this Agreement terminate for any reason. We reserve the right to change, add to, or terminate services with our third-party Mobile Banking Software providers, to substitute different Mobile Banking Software providers, and to enter into or arrange for the provision of Mobile Banking Software by other licensors and third-parties.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR THE AGREEMENTS GOVERNING THE TERMS OF ANY LICENSE RIGHT RELATING TO THE USE OR OPERATION OF THE SERVICE OR MOBILE BANKING SOFTWARE, THE SERVICES AND MOBILE BANKING SOFTWARE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, OR MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT, OR ANY OTHER WARRANTY AS TO PERFORMANCE, ACCURACY OR COMPLETENESS. YOUR USE OF THE SERVICE AND MOBILE BANKING SOFTWARE, AND ANY MATERIAL OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED VIA THE SERVICE, IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
8.1 Types of Transfers Allowed
Within the Transfer area of the Service, you can transfer funds from your Eligible Accounts (a) to your other Eligible Accounts ("Personal Transfer") or to another person's account with us ("Transfers to a Friend") (both "Internal Transfers"), or (b) to your Loan Accounts ("Internal Payments").You may also be able to transfer funds from eligible loans or credit cards to your deposit accounts ("Internal Advances").
You may make Transfers to a Friend only if you know the other person's account number. We have the right to establish, without prior notice, limitations on the amount or number of Internal Transfers.We may also without prior notice increase, decrease or remove such limitations at any time, and we are not obligated to enforce our limitations for any particular Internal Transfer. Transfers to a Friend may not exceed $1,000 in the aggregate on any single day. Also, Transfers to a Friend CANNOT be canceled once they have been submitted. Be certain that you enter in the correct destination account information as Transfers to a Friend will not be recoverable after submission if you make any input errors.
You may also make Internal Payments to Loan Accounts. These Internal Payments will be credited to the designated Loan Account as regular payments. Please refer to your Loan Account's agreement(s) for information on how regular payments are applied. For some Loan Accounts you may be permitted to make principal‐only payments.Which Loan Accounts will accept principal‐only Internal Payments is subject to change from time to time without prior notice and will be reflected in the features available each time you log in to the Service.Principal‐only payments will not satisfy scheduled payment due requirements.Prior to making a payment to pay off a Loan Account, please contact your Division's Customer Service to obtain the payoff amount. We cannot guarantee that estimated payoffs will satisfy the loan terms of the Loan Account.
8.2 Availability of Funds and Cut‐Off Times
Internal Transfers and Internal Payments ordered before the daily cut‐off time will be processed on that day, and available balances in your Deposit Account(s) will be adjusted immediately and available for subsequent (a) ATM transactions, (b) PIN‐based Debit Card transactions, (c) withdrawals at the branch teller, and (d) payment of checks or other debits as applicable to your Deposit Account(s). Please refer to your Account Agreement(s) for information on how regular payments will be credited to the designated Loan Account. The cut-off time is 9:00 p.m. Pacific Time, 10:00 p.m. Mountain Time and 11:00 p.m. Central Time on any Business Day. (Note: during national daylight savings time (typically the second Sunday in March to the first Sunday in November) the Internal Transfer and Internal Payments cut‐off time is 9:00 p.m. Arizona local time).
Internal Transfers, Internal Payments and Internal Advances ordered after the daily cut‐off time, or not on a Business Day, will be posted to your Eligible Accounts on the next Business Day. However, available balances in your Deposit Account(s) are adjusted immediately and available for subsequent (a) ATM transactions and (b) PIN‐based Debit Card transactions.
Any Internal Transfer to a Deposit Account may require up to one full Business Day before the funds are available for subsequent non PIN‐based Debit Card transactions. Transfers made to an enrolled credit card may take up to two Business Days to post, but the credit will be effective as of the date the transfer was initiated. If the available balance in a transferring account is insufficient at the time of a scheduled transfer, these transactions may overdraw your account and result in a fee.
8.3 Canceling an Internal Transfer, Internal Payment or Internal Advance
You may schedule one‐time and recurring Internal Transfers, Internal Payments, or Internal Advances. You may cancel any one‐time or recurring Internal Transfer, Internal Payment or Internal Advance if you do so at least one day prior to the scheduled transaction processing date. Scheduled one‐time and recurring Internal Transfers, Internal Payments or Internal Advances can only be canceled by placing a request through your Division's Website, or by calling your Division's Customer Service. You may NOT cancel any immediate Internal Transfer, immediate Internal Payment, or Internal Advance. (An "immediate" transaction is one that you schedule to be made immediately at the time of your instruction.)
8.4 Insufficient Funds
If your Eligible Account has insufficient funds to complete all of the day's transactions (including ATM withdrawals, preauthorized transactions, Internal Transfers, Internal Payments, and bill payments, etc.) that will process for a given Business Day, then certain electronic funds transfers involving currency disbursement, like ATM withdrawals, will have priority. If an Internal Transfer or Internal Payment would result in an overdraft of your Eligible Account, we may in our sole discretion honor the transaction and create the overdraft, or cancel the transaction. In addition, you will be charged any overdraft fees that apply to your accounts.
The MyAlerts service allows you to request email messages notifying you of events and information of interest to you. We will deliver the MyAlerts messages that you have requested to your secured mailbox within your Division's Website (and, if you have requested it, to any email address you designate). The MyAlerts messages are not delivered in real‐time but may be delayed until all transactions for the day have been posted to your account. MyAlerts messages should not be used to monitor account balances as a method of avoiding overdrafts or non‐sufficient funds fees. We specifically disclaim any liability related to your reliance on the MyAlerts messages. We may from time to time include in MyAlerts messages information about new products and services. Your receipt of information about any products or services is not a guarantee that you qualify for the products or services described. In order to obtain any of the products or services, it is necessary that you qualify in accordance with the terms of any particular product or service. If you elect to have MyAlerts delivered via email, they will be delivered unencrypted. There are risks to unencrypted email. In MyAlerts delivered via email, we will send information about your accounts to the email address you select. You may assign a nickname to each of your Eligible Accounts. You should not use the account number as the nickname. If you choose to receive account‐specific messages, your actual balance and transaction information may appear in your MyAlerts email messages. Unencrypted email is potentially vulnerable to unauthorized persons. We make no assurances that unauthorized person(s) will not be able to gain access to this information. By agreeing to accept MyAlerts email messages, you agree to hold us harmless, our affiliates, and their respective directors, officers and employees should any MyAlerts email message be read by any unauthorized person.
Through your Division's Website WebConnect feature, you may download account information from your Eligible Accounts using personal banking software that we from time to time elect to support (e.g., Quicken® and QuickBooks®). You are responsible for obtaining and maintaining that personal banking software. You must use the versions that are currently supported by us and the personal banking software vendor (e.g., the most recent version and two prior versions). We shall not be liable for incorrect information or misapplication of information resulting from the downloading process or the use of such personal banking software. We may charge fees as described in your Division's separate fee schedule for the affected Eligible Accounts. Please note that other fees may be assessed by your internet service provider or personal banking software provider.
11. STOP PAYMENT (ONLINE BANKING ONLY)
You may stop payment on a single check through your Division's Website. If you would like to stop payment on a series of checks, you may do so by contacting your Division's Customer Service. You must make any stop‐payment order in the manner required by law and we must receive it in time to give us a reasonable opportunity to act on it before our stop‐payment cutoff time. To be effective, your stop‐payment order must precisely identify the number, date and amount of the item, and the payee. You may stop payment on any item drawn on your account whether you sign the item or not, if you have an equal or greater right to withdraw from this account than the person who signed the item. Our stop‐payment cutoff time is one hour after the opening of the next Business Day after the Business Day on which we receive the item. Additional limitations on our obligation to stop payment are provided by law (e.g., we paid the item in cash or we certified the item). Stop payment fees for your applicable account will apply.
Details of your transfers will be available through the Service and listed on your regular account statements.
13. MOBILE REMOTE DEPOSIT CAPTURE
13.1 The Deposit Service
The mobile remote deposit feature of Mobile Banking (the "Deposit Service") allows you to make deposits to your eligible checking, savings or money market accounts with us using your camera-enabled Mobile Device, capable of capturing check images and information, and electronically delivering the images and associated information through the Mobile Banking Software to us or our designated processor. The Mobile Device must capture an image of the front and back of each check to be deposited, including the magnetic ink character recognition line on each check, and such other information as required by this Agreement or applicable law. Such other information includes, but is not limited to, certain technical information such as your IP Address, Mobile Device identifier, and may also include your longitude and latitude at the time the image is transferred to us.
13.2 Eligible Items
You agree only to capture images of "checks" as that term is defined in Federal Reserve Regulation CC ("Reg. CC"). When the image is converted to an Image Replacement Document for subsequent presentment and collection, it shall be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code.
You agree to not capture images of any of the following types of checks or other items which shall be considered ineligible items:
- Checks payable to anyone other than the owner of the account into which it is being deposited;
- Checks drawn or issued by you; or drawn by others against an account on which you are a joint owner or authorized signer;
- Checks containing any unauthorized alteration;
- Checks payable jointly, unless deposited into an account with the names of all payees;
- Checks previously converted to a substitute check, as defined in Reg. CC;
- Checks drawn on a foreign bank and/or that are not payable in United States currency;
- Checks that are payable on sight or payable through drafts, as defined in Reg. CC, or are remotely created checks, as defined in Reg. CC;
- Checks that are undated, post-dated, or are dated more than 6 months prior to the date of deposit;
- Checks with any endorsement on the back other than that specified in this Agreement;
- Checks that have previously been deposited by any remote capture or physical delivery;
- Checks or items that are drawn or otherwise issued by the U.S. Treasury Department;
- Checks that have previously been returned unpaid for any reason;
- Travelers Checks;
- Checks payable to "Cash";
- Checks transmitted from outside the United States;
- Registered government warrants;
- Money Orders; or
- Checks that are prohibited by our current procedures relating to the mobile remote deposit capture feature or which are otherwise not acceptable under your Deposit Account Agreement or as we may otherwise determine in our sole discretion;
- Government checks of any type, state or federal.
We may in our sole discretion, and without liability to you, refuse any check for any or no reason, or elect to take the check on a collection basis only. We reserve the right to charge back to your account, at any time, any item that we subsequently determine was an ineligible item. We are not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item
13.3 Endorsements and Procedures
You agree to restrictively endorse any item transmitted through the Deposit Service as follows: sign the back of your check with your name and add the words "FOR BANK MOBILE DEPOSIT ONLY" or as otherwise instructed by us. You agree to follow any and all other procedures and instructions for use of the Deposit Service as we may establish from time to time.
13.4 Image Quality
The image of a check or item transmitted to us using the Deposit Service must be legible and must comply with the requirements established from time to time by us, applicable law, or clearing house or association rule. We shall not be liable to you for failure to process or improperly processing any item for which you have not provided an accurate and legible image, and we reserve the right to reject any deposit.
13.5 Receipt, Security and Errors in Transmission
Use of the Deposit Service involves the electronic transmission of information across the networks of your wireless service provider and others that we do not operate or control. You accept the risk, and we bear no responsibility or liability, for the quality, privacy, security or act or actual delivery of wireless data transmissions, or the disclosure of information through such errors. An image of an item shall be deemed received when you receive a confirmation from us that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account.
13.6 Keeping and Destroying Checks After Imaging
Upon your receipt of a confirmation from us that we received an image you transmitted, you agree to retain the check for at least 30 calendar days from the date of the image transmission. After 30 days, you agree to destroy the check, mark it "VOID", or otherwise render it incapable of further transmission, deposit, or presentment. During the time the retained check is available, you agree to promptly provide it to us upon request.
13.7 Availability of Funds
In general, if an image of an item you transmit through the Deposit Service is received and accepted before 7:00 p.m. Mountain Time (8:00 p.m. Central Time, 6:00 p.m. Pacific Time) on a Business Day that we are open, we consider that day to be the day of your deposit, subject to the other terms and conditions herein. (Note: during national daylight savings time (typically the second Sunday in March to the first Sunday in November) the Deposit Service ends at 6:00 p.m. Arizona local time). Otherwise, we will consider that the deposit was made on the next Business Day we are open. Funds deposited using the Deposit Service will generally be made available the next Business Day after the day of deposit. We may delay the availability of your funds at our discretion if we deem it appropriate in accordance with our policies and procedures.
13.8 Deposit Limits
We may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we can reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to this Agreement, and we will not be obligated to allow such a deposit at other times. We will inform you of the deposit limits applicable to you in a notice you will receive on your Mobile Device at the beginning of each deposit session.
The manner in which the items are cleared, presented for payment, and collected shall be in our sole discretion and subject to the agreements and disclosures governing your Deposit Account.
We may terminate your use of the Deposit Service at any time and for any reason, although your representations, warranties and obligations shall remain in full force and effect nonetheless. Without limiting the foregoing, your use of the Deposit Service may be terminated if you breach any term of this Agreement, if you use the Deposit Service for any unauthorized or illegal purposes, or you use the Deposit Service in a manner inconsistent with the terms of any other agreement you may have with us.
A fee may be charged for using the Deposit Service. We may change that fee amount from time to time, but the current amount will be disclosed before you choose to submit your deposit transaction. You authorize us to deduct any such fees from any account in your name with us.
13.12 User Warranties and Indemnification
You warrant to us that:
- You will only transmit eligible items;
- Images will meet our image quality standards;
- You will not transmit duplicate items;
- You will not re-deposit or re-present any original item;
- All information you provide to us is accurate, true and correct;
- You will comply with this Agreement and all applicable rules, laws and regulations;
- With respect to each check image that you transmit, you are deemed to have made any representation or warranty that would have applied had you deposited a paper check by other means;
- You agree to indemnify and hold us harmless from any loss for breach of this warranty provision.
14. FIS MOBILE END USER AGREEMENT
Our primary licensor for the Mobile Banking services is FIS Mobile which has provided us the right to enter into the following end user agreement (the "End User Agreement") with you for the use of the FIS Mobile Software (defined below). By enrolling in our Mobile Banking service, and during such time as we maintain our rights to license the FIS Mobile Software, you hereby agree as follows:
Access to our Mobile Banking services via your Mobile Device is powered by the mobile technology solution owned by FIS Mobile. FIS Mobile is not the provider of any of the financial services available to you through the "FIS Mobile Software" (defined below), and FIS Mobile is not responsible for any of the materials, information, products or services made available to you through the FIS Mobile Software.
You acknowledge and agree that FIS Mobile is the owner of all rights, title and interest in and to the mobile technology solution made available to you hereunder, including but not limited to any downloaded software and the computer programs contained therein, as well as any accompanying user documentation, and all subsequent copies, updates or versions thereof, regardless of the media or form in which they may exist (all of which is collectively referred to herein as the "FIS Mobile Software"). You may not use the FIS Mobile Software unless you have first accepted the terms of this End User Agreement.
Subject to the terms and conditions of this End User Agreement, you are hereby granted a personal, nonexclusive, nontransferable license to use the FIS Mobile Software (in machine readable object code form only) in accordance with the terms of this End User Agreement and for the sole purpose of enabling you to use and enjoy the benefits of our Mobile Banking services made available via the FIS Mobile Software. This is not a sale of the FIS Mobile Software. All rights not expressly granted to you by this End User Agreement are hereby reserved by FIS Mobile. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the FIS Mobile Software. This license may be terminated at any time, for any reason or no reason, by you or FIS Mobile. Upon termination, you agree to immediately destroy all copies of any FIS Mobile Software which has been downloaded to your Mobile Device or otherwise in your possession or control.
You shall not: (i) modify, revise or create any derivative works of the FIS Mobile Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the FIS Mobile Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the FIS Mobile Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the FIS Mobile Software, including, but not limited to, any trademark, logo or copyright.
The terms of this End User Agreement will govern any updates that replace and/or supplement the original FIS Mobile Software, unless such update is accompanied by a separate license in which case the terms of that license will govern.
14.6 Text Messages
Text messaging is conducted between you and us. You and we are solely responsible for the content transmitted through text messages sent between you and us. You must provide source indication in any text messages you send (e.g., mobile telephone number, "From" field in text message, etc.) You are responsible for any text message fees charged by your mobile communications service provider.
14.7 Consent to Use of Data
You agree that FIS Mobile may collect and use technical data and related information, including but not limited to technical information about your Mobile Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services (if any) related to the FIS Mobile Software. FIS Mobile may use this information, as long as it is in a form that does not personally identify you, to improve its products or provide services or technologies.
14.8 Export Restrictions
You may not use or otherwise export or re-export the FIS Mobile Software except as authorized by United States law and the laws of the jurisdiction in which the FIS Mobile Software was obtained. In particular, but without limitation, the FIS Mobile Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the FIS Mobile Software, you represent and warrant that you are not located in any country or on any such list. You also agree that you will not use the FIS Mobile Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear missiles or chemical or biological weapons.
14.9 U.S. Government Restricted Rights
The FIS Mobile Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (computer software) or DFARS 227.7202 (commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the FIS Mobile Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this End User Agreement.
14.10 Disclaimer of Warranty
THE FIS MOBILE SOFTWARE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE FIS MOBILE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE FIS MOBILE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE FIS MOBILE SOFTWARE AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE FIS MOBILE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14.11 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FIS MOBILE OR ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE FIS MOBILE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, FIS MOBILE'S LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE FIS MOBILE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This End User Agreement constitutes the entire agreement between you and FIS Mobile concerning the subject matter hereof. This End User Agreement will be governed by and construed in accordance with the laws of the state of California, excluding that body of laws pertaining to conflict of laws. If any provision of that portion of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this End User Agreement are subject to the exclusive jurisdiction of the courts of California and you expressly consent to jurisdiction and venue thereof and therein. This End User Agreement and all related documentation are and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
15.1 Our Liability
Except as specifically provided for in this Agreement or where the law requires a different standard, you agree that we shall not be responsible for any loss, whether caused by us, by equipment or software, by internet service providers, by mobile communications service providers, or by any agent or subcontractor of any of the foregoing. We shall not be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of equipment or software. Our obligations and your rights and remedies with respect to the Service are set forth in this Agreement, and are exclusive, and any related services or products are being provided "AS IS". We do not make warranties of any kind, either express or implied, including without limitation any warranties of merchantability or fitness for a particular purpose.
15.2 Changes to Fees or Other Terms
We reserve the right to change the fees for the Service, the other terms of the Service or this Agreement. We will send you such notice of those changes as may be required by law or our other agreements with you.
Notices of new or increased fees will be provided at least twenty-one (21) days before the effective date of the change. Notice of other changes, if required, will be provided at least twenty-one (21) days in advance of the change's effective date, unless an immediate change is necessary to maintain the security of the system. If an immediate change cannot be disclosed before it is effective, we will provide any required notice within twenty-one (21) thereafter. By continuing to use the Service after a change (or after the effective date of any prior notice), you are accepting the changes. Changes to fees applicable to specific Eligible Accounts are governed by the separate agreements governing those accounts.
We may send you notices electronically by any of the means set forth at the beginning of this Agreement for electronic delivery of disclosures; or we may send notices by U.S. mail, commercial delivery, or other commercially reasonable method of delivery permitted by law. Notice will be sent to the electronic, street or mailing address in our files. You are solely responsible for notifying us of changes to your electronic and physical addresses. Notice that is sent by posting within the Service (e.g., the Website, MyAlerts or Mobile Banking Software) shall be deemed given when posted, regardless of when or whether you retrieve the notice. Notice that is sent to your email address or Mobile Device is deemed given when sent.
15.3 Suspension and Termination
We reserve the right to suspend or terminate this Agreement, your access to the Service, or the Service itself, in whole or in part, at any time without prior notice except as required by law. In any event, sending twenty-one (21) days' prior notice shall be a reasonable notice period. If you do not access any of your Eligible Accounts via the Service for any consecutive ninety‐day (90) period, your access to the Service (including without limitation MyAlerts) may be disconnected or suspended without prior notice. The provisions of this Agreement which by their nature are intended to survive the termination of this Agreement shall survive such termination.
You may terminate your Online Banking or Mobile Banking services at any time by calling or writing your Division's Customer Service (see phone numbers and addresses above). For Mobile Banking, you must also un-register your Mobile Device and remove the Mobile Banking Software.
15.4 Payment Account
You may be asked to designate a payment account for selected services (such as Bill Pay, Popmoney or wires). You agree to pay promptly all fees and charges for services provided under this Agreement, and authorize us to automatically charge the account that you have designated as the payment account. If you close the payment account, you must notify us and identify a new payment account for the selected services.
15.5 Hold Harmless and Indemnification
Except to the extent that we are liable under the terms of this Agreement or an agreement that otherwise governs your Eligible Account, you waive any claim against us and agree to indemnify and hold us, our directors, officers, employees, affiliates, and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with the performance of the Service. This indemnification is provided without regard to whether our claim for indemnification is due to the use of the Service by you or your agents.
Without limiting the generality of the preceding paragraph, You agree to indemnify, defend and hold harmless us, our parent company, affiliates, and subsidiaries, and our respective directors, officers, employees and agents, from and against every claim, damage, loss, liability and cost (including without limitation attorney's fees) of any kind which results directly or indirectly, in whole or in part, from: (a) our actions or omissions, if they are in accordance with your instructions or the terms of this Agreement; (b) the actions or omissions of you, your agents or employees; (c) any warranty that we are required or deemed to make to a third party in connection with your transactions; (d) your use or distribution of any equipment or software that is inconsistent with the license or sublicense that you receive; (e) actions by third parties (such as the introduction of a virus) that delay, alter or corrupt the transmission of information to us.This section shall survive the termination of this Agreement.
15.6 Limitations on Warranties and Damages
We make the Service available without any warranty of any kind whatsoever, including fitness for any particular purpose. We do not guarantee uninterrupted, secure, or error free operation of the Service. Without limiting the generality of the foregoing, we do not provide, and specifically disclaims, any warranty that any MyAlerts messages will be delivered at the times requested or that the information contained is accurate. We obtain the information contained in the MyAlerts service from sources which we consider reliable but do not warrant the accuracy of any such information. In no event shall we be liable for lost profits or special, incidental or consequential damages arising out of or in connection with the Service, even if you have given us prior notice of the possibility of such damages.
15.7 Governing Law
This Agreement will be governed by and interpreted in accordance with Federal law and regulations, and by the laws of the State of Utah.
15.8 Entire Agreement
This Agreement is in addition to the Account Agreement(s) governing your Eligible Accounts. This Agreement, together with the Account Agreement(s), constitute the complete and entire agreement between you and us, relating to the subject matter of this Agreement. If there is a conflict between this Agreement and the Account Agreement(s), the terms of this Agreement shall control.
This Agreement (being a "combined" agreement for both the Online Banking and Mobile Banking channels) governs over any separate terms and conditions that you may have previously accepted during prior enrollment in the Online Banking or Mobile Banking channels.
In addition, if you enroll in the Online Banking channel after accepting this combined Agreement, you may be presented with separate terms and conditions for the Online Banking channel. However, this combined Agreement shall govern over those separate Online Banking channel terms and conditions.
16. RESOLVING DISPUTES
Disputes regarding the Service will be resolved by the dispute resolution provisions in the Account Agreement(s), as amended from time to time.
The following terms shall have the meanings indicated:
Access Credentials: One or more login ID, password, identification number, token, biometric identification (e.g., fingerprint) or other means of identification and authentication, or combination thereof, that we require for logging into or otherwise accessing the Service or a particular function of the Service. All access credentials issued to you are your responsibility.
Account Agreement: All agreements and disclosures specifically governing your Deposit Accounts or Loan Accounts, including without limitation the Deposit Account Agreement and any applicable applications, rate and fee schedules, disclosure statements, credit card agreements, promissory notes, and loan agreements.
Business Day: Every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.
Deposit Account: Any checking, savings or other deposit account with us that you have enrolled as an Eligible Account.
Deposit Account Agreement: Our standard agreement governing your Deposit Accounts, together with its associated rate and fees schedules, as it may be amended from time to time.
Eligible Account: Any of your Deposit Account or Loan Accounts with us that you have enrolled, in accordance with our procedures, to make such accounts accessible through the Service. Some types of deposit and loan accounts cannot be enrolled. Which types of accounts that can be enrolled is subject to change from time to time without prior notice. Such changes will be reflected in the features available each time you log in to either Online or Mobile Banking.
E-mail: Electronic mail delivered through the Internet.
Internal Advance: Any transfer from a Loan Account to a Deposit Account as provided under the section entitled "TRANSFERS" above.
Internal Transfer: Any transfer of funds from any of your Deposit Accounts to (a) any of your Deposit Accounts, or (b) any account of another person with us, as provided under the section entitled "TRANSFERS" above.
Loan Account: Any of your overdraft protection accounts (e.g., Reddi-Credit, Reddi-Reserve or Cash Reserve accounts), credit card accounts or other loans with us that you have enrolled as an Eligible Account.
Mobile Banking: a suite of services that we make available, enabling you to conduct banking transactions with us by using your Mobile Device
Mobile Banking Software: Software permitted by us that you have downloaded in order to conduct mobile banking transactions.
Mobile Device: A cellular telephone, tablet or similar wireless communication device (a) that is installed with software permitted by us that you have downloaded in order to conduct mobile banking transactions, or (2) that is capable of conducting mobile banking transactions by using other protocols we may choose to permit (e.g., Wireless Application Protocol (WAP) or text (SMS) messaging).
Online Banking: Our electronic banking services described in this Agreement, including without limitation Bill Pay, External Account Transfers and other electronic banking services that may in the future be offered by us, either under this Agreement or under a separate agreement that refers to this Agreement.
Website: Your Division's current or future Internet Website, and all related web pages, for offering Online Banking Services, enrolling Eligible Accounts and/or performing, authorizing or canceling any specific Online Banking Service transaction. Your Division's current Website is listed below:
Your Division Website depends on which Division of ZB, N.A. provides your Service:
|Customers of:||Division Website:|
|California Bank & Trust||www.calbanktrust.com|
|National Bank of Arizona||www.nbarizona.com|
|Nevada State Bank||www.nsbank.com|
|Vectra Bank Colorado||www.vectrabank.com|
DirectNet Consumer Online Banking Customer Service
Monday through Saturday, 7 a.m. to 7 p.m. PT
Password Reset Assistance
Monday through Saturday, 6 a.m. to 7 p.m. PT