END USER TERMS
This service is provided to you by First National Bank of Mount Dora and powered by a Third Party (the "Licensor") mobile technology solution. Section A of these End User Terms is a legal agreement between you and First National Bank of Mount Dora. Section B of these End User Terms is a legal agreement between you and the Licensor.
First National Bank of Mount Dora MOBILE BANKING SERVICES TERMS AND CONDITIONS ("AGREEMENT")
Thank you for using First National Bank of Mount Dora Mobile Banking ("Mobile Banking") combined with your wireless device's text messaging capabilities. For help, text "HELP" to 49794. To cancel your plan, text "STOP" to 49794 at anytime. In case of questions, please contact customer service at MobileBanking@fnbmd.com or call 352-383-2111.
As used in this Agreement, "you" or "your" refers to the person(s) using Mobile Banking; "we", "us", "our", or "Bank" refers to First National Bank of Mount Dora and any agent, independent contractor, designee, or assignee First National Bank of Mount Dora may, in its sole discretion, involve in the provision of the Mobile Banking service. In the event of a dispute regarding the Mobile Banking service, you and we agree to resolve the dispute by looking to the terms and conditions contained in this Agreement and deposit and/or loan agreements and not to representations made by our employees or agents. The terms of this Agreement are in addition to those terms, conditions, disclosures, or fee schedules that now apply or may be amended from time to time on any deposit account, loan account, or service you have with us, including but not limited to the terms of your Online Banking Services Agreement, the terms of which are incorporated herein by reference.
Electronic Disclosure and Consent
You agree to receive this Mobile Banking Services Terms and Conditions ("Agreement") electronically. You also agree to receive all changes and updates to this Agreement and all disclosures, notices and other communications regarding the Mobile Banking services ("Services") electronically. Your use of the Services confirms your agreement to be bound by the terms and conditions contained in this Agreement, the Online Banking Services Agreement as well as any rules for use of the Services. It also acts as your acknowledgment of your receipt and understanding of the disclosures in this Agreement, and your agreement allowing all disclosures or other information required under applicable law to be sent electronically.
Terms and Conditions
1. The services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from First National Bank of Mount Dora. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service.
2. The services are provided by First National Bank of Mount Dora and not by any other third party. You and First National Bank of Mount Dora are solely responsible for the content transmitted through the text messages sent to and from First National Bank of Mount Dora. You must provide source indication in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.)
3. Mobile Banking. Mobile Banking is a financial information management service that allows you to access your First National Bank of Mount Dora account information, transfer funds, make payments to payees and make such other banking transactions. To utilize the Services, you must register via the First National Bank of Mount Dora online banking system Consumer Internet Banking. Depending on the type of wireless device that you have identified during registration, you may be prompted to download software.
4. Use of Services. In order to properly use Mobile Banking, you should review and follow the instructions provided on our website. You agree to accept responsibility for learning how to use Mobile Banking in accordance with the online instructions and agree that you will contact us directly if you have any problems with Mobile Banking. You also accept responsibility for making sure that you know how to properly use your wireless device and the software. We may modify the Services from time to time in our sole discretion, and you agree to accept the Services as modified. In the event of any modifications, you are responsible for making sure that you understand how to use Mobile Banking as modified. We will not be liable to you for any losses caused by your failure to properly use the Services or your wireless device.
5. Relationship to Other Agreements. You agree that, when you use Mobile Banking, you remain subject to the terms and conditions of the Online Banking Services Agreement as well as your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider, and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Banking, which may include downloading the Software (defined in Section B herein below), receiving or sending Mobile Banking text messages, or other use of your wireless device when using the Software or other products and services provided by Mobile Banking) and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us.
6. Your Obligations. You represent and agree to the following by enrolling for Mobile Banking, installing the Software or by using the Services:
a. Account Ownership/Accurate Information. You represent that you are the legal owner of the accounts and other financial information which may be accessed via Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You represent that you are an authorized user of the wireless device you will use to access Mobile Banking, and that you are authorized to download and install the Software on your wireless device.
b. User Security. You agree not to give or make available your Mobile Banking personal passcode or other means to access your account to any unauthorized individuals. You are responsible for all bill payments, transfers or other transactions you authorize using Mobile Banking. If you permit other persons to use your wireless device and passcode or other means to access Mobile Banking, you are responsible for any transactions they authorize. If you believe that your passcode, wireless device or other means to access your account has been lost or stolen or that someone may attempt to use Mobile Banking without your consent, or has transferred money without your permission, you must notify us promptly.
c. User Restrictions. You agree not to use Services or the content or information delivered through Services in any way that would:
1) Infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, including any rights in the Software;
2) Be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Services to impersonate another person or entity;
3) Violate any law, statute, ordinance or regulation, including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising;
4) Be false, misleading or inaccurate;
5) Create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers;
6) Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
7) Potentially be perceived as illegal, offensive, or objectionable;
8) Interfere with or disrupt computer networks connected to Services;
9) Interfere with or disrupt the use of Services by any other user; or
10) Use Services in such a manner as to gain unauthorized entry or access to the computer systems of others.
d. No Commercial Use or Re-Sale. You agree that the Services are only for the personal or small business use of individuals authorized to access your First National Bank of Mount Dora account information. You agree not to make any commercial use of Services or resell, lease, rent or distribute access to Services.
e. Proprietary Rights. You are permitted to use content delivered to you through Services only on the applicable Services. You may not copy, reproduce, distribute or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Services' technology, including, but not limited to, any Software or other Wireless Device applications associated with Services.
f. Indemnification. Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless us and our affiliates and service providers from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) caused by or arising from your use of Services or the Software, your violation of this Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
7. Charges for This Service. You agree to pay for Mobile Banking in accordance with our fee schedule, as amended by us from time to time. You authorize us to automatically charge your account for all such fees incurred in connection with Mobile Banking. We may add to or enhance the features of Mobile Banking from time to time. By using such added or enhanced features, you agree to pay for them in accordance with the fee schedule. You understand that you may be charged fees by your wireless provider for text messages and/or any other data transmitted from these Services. You will not hold the Bank liable for any fees charged to you from your wireless provider or any outside 3rd party provider.
8. Mobile Check Deposit. If eligible to use Mobile Check Deposit, you will be subject to the following terms and conditions:
a. Description. Mobile Check Deposit is designed to allow you to make deposits to your First National Bank of Mount Dora checking and savings account(s) from your Wireless Devices by scanning checks and delivering the images and associated deposit information to First National Bank of Mount Dora. You may use Mobile Check Deposit only for non-business, personal use in accordance with this Agreement. First National Bank of Mount Dora may refuse any check for deposit, with or without cause, or may elect to take a check on a collection basis only.
b. Acceptance of Terms. By subscribing to Mobile Check Deposit or using the Mobile Check Deposit service ("Service"), you agree that you have complied with online instructions in accessing the service, and that you will be bound by the terms of this Agreement and you will follow any and all other procedures and instructions for use of the Service as First National Bank of Mount Dora may establish from time to time. First National Bank of Mount Dora reserves the right, in its sole discretion, to modify the terms of the Agreement and procedures relating to the Service. In the event such modifications are not acceptable to you, you have the option of terminating the Agreement and use of the Service. Your continued use of the Service will indicate your acceptance of any such modifications or changes to the Service.
c. Limitations of Service. When using the Service, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. We reserve the right to change, suspend or discontinue the Service, in whole or in part, or your use of the Service, in whole or in part, immediately and at any time without prior notice to you.
d. Eligible Items. You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC ("Reg. CC"). You agree that the image of the check transmitted to First National Bank of Mount Dora shall be deemed an "item" within the meaning of Article 4 of the Uniform Commercial Code as adopted in Florida. You agree that you will not use the Service to scan and deposit any checks or other items as shown below:
1) Checks or items payable to any person or entity other than you, including a check payable to "Cash".
2) Checks or items containing obvious alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.
3) Checks or items previously converted to a substitute check, as defined in Reg. CC.
4) Checks or items drawn on a foreign bank or payable in a foreign currency.
5) Checks or items that are demand drafts or remotely created checks (checks lacking the original signature of the drawer)
6) Checks that have been previously returned stop payment or account closed.
7) Checks or items dated more than six months prior to the date of deposit.
e. Image Quality. The image of a check or item transmitted to First National Bank of Mount Dora using the Service must be legible. The image quality of the item(s) must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, or other clearinghouse.
f. Endorsements. You agree to restrictively endorse (sign on the back) any item transmitted through the Service as "For Mobile Deposit Only" followed immediately by your endorsement (signature) and account number or as otherwise instructed by First National Bank of Mount Dora.
g. Receipt of Items. We reserve the right to reject any item transmitted through the Service, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. You agree to receive notices electronically relating the Service whether or not you have previously agreed to accept electronic disclosures for any of your deposit accounts. An image of an item shall be deemed received when you receive an electronic confirmation from First National Bank of Mount Dora that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
h. Representations and Warranties; Indemnification. As to all items transmitted to us, you represent and warrant that: (1) you will comply with the terms and conditions set forth in this Agreement; (2) only transmit eligible items; (3) you have good title to each check and item and no defense of any party to the check is good against you; (4) the original check, or a paper or electronic representation, has not previously been deposited for collection with us or any other financial institution, and no depositary bank, drawee, or drawer will be asked to pay a check that it already has paid; (5) you have no knowledge or notice of information to indicate that the transaction is fraudulent. You agree to indemnify and hold First National Bank of Mount Dora, its affiliates, directors, officers, employees, and agents harmless from and against all losses, liabilities, cost, damages and expenses (including reasonable attorneys' fees and cost of litigation) to which we may be subjected or which we may incur in connection with any claims which might arise from or out of your use of the Service.
i. Availability of Funds. Transactions are processed on business days only. Every day is a business day except Saturdays, Sundays and Federal holidays. Checks deposited to your account using the Mobile Check Deposit Service feature initiated before 4:00 pm Eastern Time on a business day will be available for withdrawal on the next business day after the deposit was processed and posted. If the Mobile Check Deposit Service is completed after 4:00 pm Eastern Time, the funds will be available for withdrawal on the 2nd business day after the deposit was processed and posted. If your deposit is declined, we will e-mail you the notification by the first business day after the day we receive your deposit. Deposits may be subject to additional exception holds.
j. Safeguard and Disposal of Transmitted Items. Upon your receipt of a confirmation from First National Bank of Mount Dora that we have received the image of an item and a subsequent confirmation for approval of the deposit, you agree to prominently mark the check as "Electronically Presented" and securely store and hold the item for 14 days prior to properly disposing of the item to ensure that it is not deposited or otherwise represented for payment and that final settlement has occurred without dispute that the image does not satisfy legal equivalence requirements.
k. Deposit Limits and Transaction Count Limit. Deposits transmitted through the Service are limited to a specified dollar amount and number of deposited items. These limits are:
- Daily Deposit Cutoff Time: 4:00 ET
- Single Item Dollar Limit: $5,000.00
- Daily Deposit Dollar Limit: $5,000.00
- Daily Deposit Item Count: 5
- Multi-Day* Deposit Dollar Limit: $10,000.00
- Multi-Day* Deposit Item Count: 20
*Multi-Day is considered 22 business days.
We reserve the right to change limits on the amount(s) and/or number of deposits that you transmit using the Service and may modify such limits from time to time.
l. Fees. There is no charge for using the Service. Should there be charges for the Service in the future, you will be given appropriate notice.
m. Hardware and Software. In order to use the Service, you must obtain and maintain, at your expense, compatible hardware and software as specified by First National Bank of Mount Dora from time to time, First National Bank of Mount Dora is not responsible for any third party software you may need to use the Service. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.
n. Deposit Errors. You agree to notify First National Bank of Mount Dora of any suspected errors regarding items deposited through the Service right away, and in no event later than 60 days after the applicable First National Bank of Mount Dora account statement is sent or made available to you. Unless you notify First National Bank of Mount Dora within 60 days, such statement regarding all deposits made through the Service shall be deemed correct, and you are prohibited from bringing a claim against First National Bank of Mount Dora for such alleged error.
9. Additional Provisions
a. Mobile Banking Limitations.
- The availability, timeliness and proper functioning of Mobile Banking depends on many factors, including your wireless device location, wireless network availability and signal strength, and the proper functioning and configuration of hardware, software and your wireless device. Neither we nor any of our service providers warrants that the Services or the Software will meet your requirements, operate without interruption or be error-free, and neither we nor our service providers shall be liable for any loss or damage caused by any unavailability or improper functioning of Mobile Banking, or for any actions taken in reliance thereon, for any reason, including service interruptions, inaccuracies, delays, loss of data, or loss of personalized settings.
- Neither we nor any of our service providers assumes responsibility for the operation, security, functionality or availability of any wireless device or mobile network which you utilize the access Mobile Banking.
- You agree to exercise caution when utilizing the Services on your wireless device and to use good judgment and discretion when obtaining or transmitting information.
b. Changes or Cancellation. You may cancel your participation in Mobile Banking at any time by texting STOP to 49794. We reserve the right to change or cancel Mobile Banking at any time without notice. We may also suspend your access to Mobile Banking at any time without notice and for any reason, including, but not limited to, your non-use of the Services. You agree that we will not be liable to you or any third party for any change or cancellation of Mobile Banking.
10. Financial Institution's Liability. We will use good faith efforts to complete all of your payments properly. However, we will incur no liability if we are unable to complete any payments or transfers properly because of any one of the following circumstances:
a. Your designated account does not contain sufficient available funds to complete the payment or transfer, or the payment or transfer would exceed the credit limit of your designated account's overdraft line.
b. The Services, our equipment, the software, or communications link is not working properly.
c. The payee mishandles, delays posting a payment, or refuses or is unable to accept a payment.
d. You have not provided us with the correct name(s), address or account information for payees.
e. You are in violation of this Agreement or any other related agreement or your subscription to the Services has been terminated for any reason.
f. If circumstances beyond our control including, but not limited to, fire, flood or interference from an outside force, prevent the proper execution of the transaction.
g. The transfer of your funds is restricted by legal process or holds.
h. Other exceptions stated in this agreement or related agreements or Deposit Account Information/Rules Governing the Use of Deposit Accounts and Customers Agreement and Funds Availability Policy.
Provided none of these circumstances are applicable, if we cause an incorrect amount of funds to be removed from your designated account or cause funds from your designated account to be directed to an improper person, we shall be responsible for returning the improperly transferred funds to your designated account and for directing to the proper Payee any previously misdirected payments or transfers.
11. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, WE ARE NOT RESPONSIBLE FOR ANY LOSS, INJURY, OR DAMAGE, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY THE SERVICE OR THE USE THEREOF. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS CAUSED BY THE SERVICES OR THE USE OF THE SERVICES, OR ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF YOUR PERSONAL COMPUTER, SOFTWARE, ANY INTERNET ACCESS SERVICES , INTERRUPTION IN AVAILABLITY OF THE SERVICES, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR OTHERWISE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
12. WARRANTY DISCLAIMER. THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
13. Errors and Questions. In case of errors or questions about your electronic transfers, telephone us as 352-383-2111 or write to us at First National Bank of Mount Dora, P O Box 95, Mount Dora FL 32756-0095, as soon as you can, if you think your statement is wrong or if you need more information about a transfer or payment listed on your statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
a. Tell us your name and account number.
b. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
c. Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
14. Disclosure of Account Information to Third Parties. We will disclose information to third parties about your Accounts or the transactions you make:
- Where it is necessary for completing a transaction; or
- In order to verify the existence and condition of your Accounts to a third party, such as a credit bureau or merchant; or
- In order to comply with a governmental agency or court orders; or
- If you give us your written permission
a. Your monthly account statement will contain information about any Mobile Banking, online banking transfer, or bill payment transactions completed during the statement period.
b. You represent and warrant that you are at least 18 years of age.
16. Agreement (Section A) Section A of this Agreement is the complete and exclusive Agreement between you and us related to the Service and supplements, your deposit account agreement, any other terms, conditions, disclosures, or fee schedules that now apply or may be amended from time to time on any deposit account, loan account, or service you have with us. In the event of a dispute regarding the Services, you and we agree to resolve the dispute by looking to the terms and conditions contained in this agreement and the Deposit Account Information booklet and not to representations made by our employees or agents.
17. Waivers. No delay or omission by us in exercising any rights or remedies hereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise therefore or the exercise of any other right or remedy. No waiver shall be valid unless in writing signed by us.
18. Assignment You may not assign this Agreement to any other party. We may assign this Agreement or delegate any or all of our rights and responsibilities under this Agreement to any third parties.
19. Governing Law This agreement shall be governed by and construed in accordance with the laws of the United States and the laws of the state of Tennessee.
END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP
1. Ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider ("Licensor") is the owner of all right, title and interest in and to the downloaded software to be used for access to mobile banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the "Software").
2. License. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
3. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
4. Disclaimer Warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
5. Limitations of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR , THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
6. U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
7. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of Florida excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of Florida and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
8. Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.
Zelle Network® Standard Terms
1. Description of Services
a. We have partnered with the Zelle Network ("Zelle") to enable a convenient way to transfer money between you and others who are enrolled directly with Zelle® or enrolled with another financial institution that partners with Zelle (each, a "User") using aliases, such as email addresses or mobile phone numbers (the "Service"). We will refer to financial institutions that have partnered with Zelle as "Network Banks."
b. Zelle provides no deposit account or other financial services. Zelle neither transfers nor moves money. You may not establish a financial account with Zelle of any kind. All money will be transmitted by a Network Bank.
c. THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.
2. Eligibility and User Profile
When you enroll to use the Service 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 have the authority to authorize debits and credits to the enrolled bank account.
You agree that you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Service to request money from anyone for any such payments.
The Service is intended for personal, not business or commercial use. You agree that you will not use the Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Service with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service for business or commercial purposes, or for any unlawful purpose.
We reserve the right to amend these terms and conditions at any time. You will be provided with the amended terms upon signing into Zelle, and should you continue to use Zelle, shall be deemed to have accepted them.
Enrollment into this service using a consumer debit card issued in conjunction with your First National Bank of Mount Dora ("the bank") account is allowed. No other bank's debit card will be allowed to enroll in this service within the bank's online or mobile banking applications. Only US domestic accounts are allowed to be linked to this service.
3. Consent to Share Personal Information (Including Account Information)
The Bank may share information with Zelle and other Network Banks for the purpose of processing payment transactions in accordance with its customary processes and procedures.
4. Privacy and Information Security
5. Wireless Operator Data
6. Enrolling for the Service
a. You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent U.S. mobile phone number that you intend to use for an extended period of time (i.e., no "burner" numbers). You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol.
b. Once enrolled, you may:
i. authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and
ii. receive money from another User either at that User's initiation or at your request, subject to the conditions of the Section below titled "Requesting Money."
If at any time while you are enrolled, you do not send or receive money using the Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the U.S. mobile phone number or email address that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the mobile phone number or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Service until you enroll again.
7. Consent to Emails and Automated Text Messages
By participating as a User, you represent that you are the owner of the email address, mobile phone number, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, mobile phone number and/or other alias to send or receive money as described in this [Agreement]. You consent to the receipt of emails or text messages from us, from Zelle, from other Users that are sending you money or requesting money from you, and from other Network Banks or their agents regarding the Services or related transfers between Network Banks and you. You agree that we may, Zelle may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:
a. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.
b. You will immediately notify us if any email address or mobile phone number you have enrolled is (i) surrendered by you, or (ii) changed by you.
c. In the case of any messages that you may send through either us or Zelle or that we may send or Zelle may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle sends on your behalf may include your name.
d. Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle, including messages that you may send through us or through Zelle or that we may send or Zelle may send on your behalf.
e. To cancel text messaging from us, send STOP to 20736. For help or information regarding text messaging, send HELP to 20736 or contact our customer service at 352-383-1348. You expressly consent to receipt of a text message to confirm your "STOP" request.
f. Supported Carriers: Most major carriers are supported. Some limitations may apply.
8. Receiving Money; Money Transfers by Network Banks
Once a User initiates a transfer of money to your email address or mobile phone number enrolled with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to initiate credit entries to the bank account you have enrolled.
Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Banks, we may need or Zelle may need additional time to verify your identity or the identity of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (i.e. email, push notification).
If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this [Agreement] and the procedures of the business or government agency that is sending you the payment.
9. Sending Money; Debits by Network Banks
You may send money to another User at your initiation or in response to that User's request for money. You understand that use of this Service by you shall at all times be subject to (i) this [Agreement], and (ii) your express authorization at the time of the transaction for us to initiate a debit entry to your bank account. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Service. If the person you sent money to has already enrolled with Zelle, either in the Zelle mobile app or with a Network Bank, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked.
In most cases, when you are sending money to another User, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Banks, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle, either in the Zelle mobile app or with a Network Bank, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle, or otherwise ignore the payment notification, and the transfer may not occur.
The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e. email, push notification).
We have no control over the actions of other Users, other Network Banks or other financial institutions that could delay or prevent your money from being delivered to the intended User.
Neither we nor Zelle shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Service.
THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE DOES NOT OFFER A PROTECTTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR
SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).
11. Send Limits
12. Requesting Money
You may request money from another User. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither we or Zelle accept responsibility if the other User rejects or ignores your request, or sends you an amount that is less than you request. If a User ignores your request, we may decide or Zelle may decide, in our sole discretion, that we will not send a reminder or repeat request to that User.
By accepting this [Agreement], you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless Zelle, its owners, directors, officers agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney's fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts.
You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by us or by Zelle. Neither we nor Zelle assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money.
We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.
13. Transaction Errors
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS OR PAYMENTS. Notify us as soon as you can via one of the following:
1. Call us at 352-383-1348, Monday thru Friday, between 8:30 a.m. and 5:00 p.m. Eastern Time
2. Send us an email using the Online Banking application's e-messaging feature
3. Write us at: FNB, P. O. Box 95, Mount Dora, FL 32756
If you think that your statement is wrong or you need more information about a transaction listed on the statement. We must hear from you no later than 60 days after you received the FIRST statement on which the problem or error appeared.
1. Provide us with your name and account number;
2. Describe the error or the transaction in question and explain as clearly as you can why you believe it is an error or why you need more information; and,
3. Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your complaint in writing within 10 business days.
14. Your Liability for Unauthorized Transfers
You agree that we may send notices and other communications including Login Credentials confirmations, to the current address or email address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that the Bank will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. You agree to: 1) keep your Login Credentials secure and strictly confidential, providing it only to authorized signers on your account(s); 2) instruct each person to whom you give your Login Credentials that he or she is not to disclose it to any unauthorized person; and 3) immediately notify us and select a new password if you believe your password may have become known to an unauthorized person.
THE BANK WILL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED PAYMENT OR TRANSFER MADE USING YOUR LOGIN CREDENTIALS THAT OCCURS BEFORE YOU HAVE NOTIFIED US OF POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE. We may suspend or cancel your Login Credentials even without receiving such notice from you, if we suspect your Login Credentials is being used in an unauthorized or fraudulent manner.
15. Liability for Failure to Complete Transfers
If we do not complete a Zelle Payment transaction from your account on time or in the correct amount according to our Agreement with you, we could be liable for your losses. However, there are some exceptions. We will not be liable, for instance:
• If, through no fault of ours, you do not have enough available funds in your account to cover the transaction.
• If Consumer Internet Banking Services, Mobile Banking Services and/or Zelle services were not working properly, and you knew about the malfunction when you started the transaction or transfer.
• If circumstances beyond our control (such as fire or flood) prevent the transaction or transfer, despite reasonable precautions we have taken.
• There may be other exceptions not specifically mentioned here.
There is no fee to use the Service; however, regular charges will apply to your account(s), as applicable. We may at any time change the fees that apply to the Service. We will give you reasonable notice of such change as required by law.
If we process a transaction in accordance with your instructions that overdraws your account with us, we may assess a fee for any such overdraft in accordance with the terms of the Deposit Account Agreements and Disclosures. We will not be liable for failure to pay any transfer request unless it is drawn against available funds in the designated Account. You will be responsible for paying any telephone company or utility charges and/or Internet access service fees incurred while using telephone lines and/or Internet access services to connect with the Service.
17. Use of Our On-line Banking Site and/or Mobile App
This product is governed in addition to this Agreement by all rules and regulations associated with your checking account, the Consumer Online Banking Agreement and Disclosure, and the Electronic Funds Transfer Act.
18. Cancellation of the Service
This Zelle service remains in effect until it is terminated by you or the Bank. You may cancel your service at any time by notifying us of your intent to cancel in writing, through Consumer Internet Banking e-mail, or by calling Consumer Internet Banking Customer Service. This cancellation applies to Zelle service and does not terminate your bank account.
If you choose to cancel your Zelle Service any unprocessed payments and transfers will be canceled. You should cancel any scheduled payments or transfers prior to notifying us that you are discontinuing the service. The Bank will cancel any scheduled payments within two business days after the business day we receive your request to discontinue the service.
If you close your designated checking account, or if it is no longer linked to your Consumer Online Banking or Zelle Service, your Zelle Service will end, and any unprocessed payments will be canceled.
19. Right to Terminate Access
Access to the Zelle service may be suspended or terminated at the discretion of The Bank at any time. Cancelation of the Zelle service is not required as it is a service provided through the Online Banking/Mobile Banking App connection. However, should you cancel your Online Banking or Mobile Banking App through The Bank; you will also disconnect any ability to continue making transactions through the Zelle service.
20. Disclaimer of Warranties
EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, ZELLE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. ZELLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. ZELLE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
21. Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ZELLE, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK BANKS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF ZELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ZELLE'S SERVICE OR WITH THE TERMS OF THIS [AGREEMENT], YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK BANKS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in this [Agreement], you agree to indemnify, defend and hold harmless Zelle, its owners, directors, officers, agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of the terms of this [Agreement
23. Governing Law; Choice of Law; Severability
This Agreement will be governed by and interpreted in accordance with Federal law and regulations, and by the laws of the state that is specified in your Deposit Account Agreement for governing your Eligible Transaction Account. Any action between us shall be subject to the jurisdiction and venue provisions of that Deposit Account Agreement which are hereby incorporated into this Agreement.
Subject to the terms of this [Agreement], the Services are generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond our or Zelle's control. Live customer service generally will be available Monday through Friday, excluding US bank holidays.
Zelle and the Zelle related marks are wholly owned by Early Warning Services, LLC and are used herein under license.
During business hours: 352-383-2111
24 hour customer service: 800-261-8072
Lost or stolen debit card
During business hours: 352-383-2111
24 hour customer service: 800-236-2442
Credit card issues
24 hour customer service: 800-883-0131
Your privacy is very important to us. We would like to advise you that Internet email is not secure. Please do not submit any information that you consider confidential. We recommend you do not include your social security or account number or other specific identifying information.
You are leaving First National Bank of Mount Dora's website and linking to a third party site. Please be advised that you will then link to a website hosted by another party, where you will no longer be subject to, or under the protection of, the privacy and security policies of First National Bank of Mount Dora. We recommend that you review and evaluate the privacy and security policies of the site that you are entering. First National Bank of Mount Dora assumes no liability for the content, information, security, policies or transactions provided by these other sites.