Mobile Banking/Zelle® Terms

END USER TERMS

This service is provided to you by First Bank of the Palm Beaches 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 Bank of the Palm Beaches. Section B of these End User Terms is a legal agreement between you and the Licensor.

SECTION A

Thank you for using First Bank of the Palm Beaches Mobile Banking combined with your handheld’s text messaging capabilities. For help, text “HELP” to 79680. To cancel your plan, text “STOP” to 79680 at anytime. In case of questions please contact customer service at customerservice@firstbankpb.com or call 1.561.847.2700.

Terms and Conditions

Part I

  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 Bank of the Palm Beaches. 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 Bank of the Palm Beaches and not by any other third party. You and First Bank of the Palm Beaches are solely responsible for the content transmitted through the text messages sent to and from First Bank of the Palm Beaches. You must provide source indication in any messages you send (e.g., mobile telephone number, “From” field in text message, etc.)

Part II

  1. Overview. This Mobile Banking Agreement (the “Mobile Banking Agreement” or the “Agreement”) sets forth additional terms and conditions with respect to the Bank’s Mobile Banking Services (“Mobile Banking”), including the Mobile Deposit Capture Service (the “MDC Service”) (together, Mobile Banking and MDC Service are the “Mobile Banking Products”) and is considered a schedule to and a part of the Online Banking Agreement between you and First Bank of the Palm Beaches (“Bank”). The terms and conditions in this Mobile Banking Agreement shall take precedence over any conflicting terms in the Online Banking Agreement. Any capitalized term herein shall have the meaning assigned to such terms herein, and to the extent not defined herein, shall have the meaning assigned to it in the Online Banking Agreement. Your use of the Mobile Banking Products, your electronic acceptance through the Mobile Banking Application (the “Mobile App”), and/or your signature on the Authorization Page of the Online Banking Agreement shall constitute acceptance of this Mobile Banking Agreement.
  2. Description. The Mobile Banking Products allow you to view your Accounts and perform certain banking transactions through the Mobile App. The Mobile App is provided by a third party vendor.
  3. Enrollment.

    1. Mobile Banking. To enroll in Mobile Banking, you may visit the Mobile Banking Center and follow the activation instructions for enrollment via SMS text activation. Alternatively, you may download the Mobile App to your device. We reserve the right to limit access to Mobile Banking and/or establish eligibility criteria Mobile Banking is presently only available for Consumers.
    2. Mobile Capture. Mobile Capture is a feature within the Mobile App and is automatically engaged for qualifying Customers. We reserve the right to limit access to Mobile Capture and/or establish or modify the eligibility criteria.
  4. Mobile Telephone Number. You must provide us with a valid telephone number for text messaging services. Receipt of account information through text messaging may be delayed or impacted by factors pertaining to your phone carrier or other parties.
  5. Use. You may use Mobile Banking to (i) View balance and transaction history; (ii) Transfer funds between your Eligible Accounts; (iii) Pay bills; (iv) Deposit checks; and (v) Find branches and ATMs, among other things.
  6. Security. We will never ask you for your password. You shall keep your User Id and password secret and prevent unauthorized access to your accounts. You should never share your login credentials with anyone. You shall ensure that your device is not compromised and you shall not leave your device unattended while logged into Mobile Banking. You shall log off immediately at the conclusion of your use of Mobile Banking.
  7. Fees. You are responsible for any fees or other charges associated with your mobile device, including any use, data, or message fees charged by your wireless carrier or any third party.
  8. Text Banking. You may obtain information about your account through SMS text messages, including balance and transaction history.
  9. Confidentiality. You understand that text messages may contain personal information, such as your account balance, and you agree to accept responsibility for protecting your information from disclosure to unauthorized third parties.
  10. Help. You may text HELP to 79680 to obtain help regarding the Mobile Banking Service. You may also contact customer service at customerservice@firstbankpb.com or call us at (561) 847-2700. Do not include account numbers or login credentials in any email to us.
  11. Cancellation. You may text STOP to 79680 to cancel the Mobile Banking Service.
  12. Mobile Capture.

    1. Use. The MDC Service allows eligible Customers to make certain deposits into their Consumer Accounts electronically by using a mobile device. Customers create an electronic image of a paper check ( each an “Item”) by scanning or photographing the Item and transmitting it and its related data to us through the Mobile App. You agree that each such Item shall be deemed an “Item” within the meaning of Article 4 of the Uniform Commercial Code. You are solely responsible for information or data that is transmitted, supplied or key-entered by you.
    2. Endorsement. Before you capture the image of any Item, you shall endorse all Items with your signature and print “For First Bank Mobile Deposit Only” below your signature.
    3. Cut-Off Times. If you present an Item for deposit prior to 4:00 p.m. Eastern Standard Time (“EST”) on a Business Day, we will consider that day to be the day of deposit. If you present for deposit an Item after 4:00 p.m. EST or on a non-Business Day, we will consider that the deposit was made on the next Business Day.
    4. Limits. We reserve the right to establish, and modify at any time, daily and/or monthly limits on (i) the number of Items you deposit using the MDC Service, or (ii) the dollar amount of Items you deposit, either collectively or individually, through the MDC Service.
    5. Retention and Storage. You agree to retain and safeguard the original Item for at least 14 days after you have transmitted the Item image. After 14 days have passed and you have verified that the funds associated with the Item have been added to your Balance, you agree to prominently mark the item as “VOID” and properly dispose of or securely retain the Item to ensure that it is not presented for payment again or otherwise disclosed, revealed, or compromised by any unauthorized person. You shall be solely responsible for the original Items, including storage, retrieval and destruction of the Item.
    6. Item Processing. If the electronic files and/or images transmitted to us with respect to any Item do not comply with our processing requirements for content and/or format, we may, in our sole discretion (i) further transmit the Item and data in the form received from you; (ii) repair or attempt to repair the Item or data and then further transmit it; (iii) process the Item as a photocopy in lieu of original; (iv) process the item as an ACH transaction; or (v) return the data and Item to you unprocessed and charge back your account. We are not responsible for Items we do not receive or for images that may fail during transmission. An image of an Item shall be deemed received when you receive a confirmation from us that we have received the imaged Item. Receipt of such confirmation does not mean that the transmission was error free or complete. A deposit using the MDC Service to a Consumer Account is being treated as an electronic fund transfer subject to the Electronic Fund Transfer Act. For specific terms and conditions pertaining to electronic funds transfers, please refer to the Electronic Funds Transfer Disclosure provided to you at the time you opened your Account.
    7. Item Processing. If the electronic files and/or images transmitted to us with respect to any Item do not comply with our processing requirements for content and/or format, we may, in our sole discretion (i) further transmit the Item and data in the form received from you; (ii) repair or attempt to repair the Item or data and then further transmit it; (iii) process the Item as a photocopy in lieu of original; (iv) process the item as an ACH transaction; or (v) return the data and Item to you unprocessed and charge back your account. We are not responsible for Items we do not receive or for images that may fail during transmission. An image of an Item shall be deemed received when you receive a confirmation from us that we have received the imaged Item. Receipt of such confirmation does not mean that the transmission was error free or complete. A deposit using the MDC Service to a Consumer Account is being treated as an electronic fund transfer subject to the Electronic Fund Transfer Act. For specific terms and conditions pertaining to electronic funds transfers, please refer to the Electronic Funds Transfer Disclosure provided to you at the time you opened your Account.
    8. Prohibited Use. You agree that you will not use the MDC Product to deposit any Items that (i) Are made payable to anyone other than you; (ii) Contain obvious alterations on the front of the Item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the drawer of the Item; (iii) Were previously converted to a “substitute item,” as defined in Federal Reserve Regulation CC, or were otherwise cashed or deposited; (iv) Are drawn on a financial institution located outside the United States; (v) Are “remotely created” checks, as defined in Federal Reserve Regulation CC; (vi) Are not payable in United States currency; (vii) Are payable to Cash; (viii) Are a U.S. Savings Bond, money order, cashier’s check, or travelers check; (ix) Do not bear a signature of the person from whom the item is drawn or lack an issued date; (x) Are postdated or dated more than 6 months prior to the date of deposit; or (xi) Are prohibited or unacceptable under the terms of the Account Agreement or our current procedures.
    9. Representations and Warranties. You represent and warrant to us that (i) Any image we receive accurately and legibly represents all of the information on the front and back of the original Item as originally drawn; (ii) The information you transmit to us corresponding to an Item contains a record of all applicable MICR-line (the set of numbers at the bottom of the check) information required for a substitute check and the accurate amount of the Item; (iii) The Item conforms to the technical standards for an Electronic Item set forth in Federal Reserve Board Regulation J, or Federal Reserve Bank operating circulars and for a substitute check set forth in Federal Reserve Board Regulation CC; (iv) The item has not previously been deposited and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the Item ( either the original Item, or a paper or electronic representation of the original Item) such that the person will be asked to make payment based on an Item it has already paid; (v) You will not redeposit, transfer, or negotiate any Item previously deposited and returned to you unless we instruct you otherwise; (vi) You will employ reasonable security measures sufficient to protect the Item in transmission and storage; (vii) You will only transmit items that originated as paper Items; and (viii) You will comply with all laws and regulations applicable to you in your use of the MDC Service and not use the MDC Service for any purpose prohibited by foreign exchange regulations, postal regulations or any other treaty, statute, regulation or authority.
  13. Licensor. While Mobile Banking is a product or service provided to you by Bank, it is powered by a third party (the “Licensor”) and its mobile technology solution. Section A of this Agreement is between you and Bank. Section B below is a legal agreement between you and the Licensor. To the extent we or our Iicensors make any software available to you for use in conjunction with Mobile Banking, we
    hereby grant, and you hereby accept, for the term of this Addendum, a non-exclusive, non-assignable, non-transferable, limited right and license to use the software or products (and any associated documentation) for use only directly in conjunction with its permitted use.

SECTION B

END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP

To be Agreed to by End User Prior to Use of 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 oft 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 tl1e 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, INCIDENT AL 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 TI-IE AGGREGATE TI-IE 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 California excluding that body oflaws 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 California 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
    1. We have partnered with the Zelle Network (“Zelle”) to enable a convenient way to transfer money between you and others who are enrolled directly with Zelle® or enrolled with another financial institution that partners with Zelle (each, a “User”) using aliases, such as email addresses or mobile phone numbers (the “Service”). We will refer to financial institutions that have partnered with Zelle as “Network Banks.”
    2. Zelle provides no deposit account or other financial services. Zelle neither transfers nor moves money. You may not establish a financial account with Zelle of any kind. All money will be transmitted by a Network Bank.
    3. THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST
  2. Eligibility and User Profile
    When you enroll to use the Service 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 may add, delete or change the terms of this Agreement any time. We will inform you of changes when legally required and will try to inform you of the nature of any material changes even when not legally required to do so. We may communicate changes by either mail, email or a notice on our website and will make the updated terms available on our website. You agree that by continuing to use the services after the date that changes are posted to our website, such changes will be effective for transactions made after that date, whether or not you access our website or otherwise receive actual notice of the changes. If you do not agree with a change, you may discontinue using the services.

  3. Consent to Share Personal Information (Including Account Information)
    You consent to our disclosure of your personal information (including bank account information) to Zelle, Service Providers, other Network Banks, and other third parties as necessary to complete payment transactions in accordance with our customary processes and procedures and the following

    As necessary to resolve a problem related to a transfer or payment between you and another User

    • To comply with inquiries in connection with fraud prevention or any investigation
    • For our general business purposes, including without limitation data analysis and audits; or
    • As otherwise permitted by the terms of our Privacy Policy
  4. Privacy and Information Security
    We make security and the protection of your information a top priority. You can access our Privacy Notice at https://www.firstbankpb.bank/privacy-policy/, which [Privacy Notice] is incorporated into and made a part of this Agreement by this reference.
  5. Wireless Operator Data
    We or Zelle may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using the Service, you authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to us or to Zelle with your wireless operator account profile information for the duration of our business relationship. See Zelle’s Privacy Policy [https://www.zellepay.com/privacy-policy] for how it treats your data. You may also find privacy information for us at https://firstbankpb.bank/privacy-policy/.
  6. Enrolling for the Service
    1. You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent U.S. mobile phone number that you intend to use for an extended period of time (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.
    2. Once enrolled you may:
      1. authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and
      2. receive money from another User either at that User’s initiation or at your request, subject to the conditions of the Section below titled “Requesting Money.”
  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:

    1. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.
    2. You will immediately notify us if any email address or mobile phone number you have enrolled is (i) surrendered by you, or (ii) changed by you.
    3. In the case of any messages that you may send through either us or Zelle or that we may send or Zelle may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle sends on your behalf may include your name.
    4. Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle, including messages that you may send through us or through Zelle or that we may send or Zelle may send on your behalf.
    5. To cancel text messaging from us, send STOP to 79680. For help or information regarding text messaging, send HELP to 79680 or contact our customer service at customerservices@firstbankpb.bank or 561-857-2700 or 1-888-256-3214. You expressly consent to receipt of a text message to confirm your “STOP” request.
    6. Supported Carriers: Various.
  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.

  10. Liability
    Neither we nor Zelle shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Service.

    THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE DOES NOT OFFER A PROTECTTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).

    SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).

    [Participant to disclose its own policies and practices with respect to protection programs.]

  11. Send Limits

    Please call customer service at 561-847-2700 or 1-888-256-3214 or email us at customerservice@firstbankpb.bank for information on transaction limits. We reserve the right to modify transaction limits at any time without notice.

  12. Request 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

    We will use reasonable efforts to complete all your payment requests properly. However, we shall incur no liability if we are unable to complete any transaction because of the existence of any one or more of the following circumstances:

    • If, through no fault of ours, you do not have sufficient funds in your funding account;
    • The Zelle Service is down or otherwise not working properly and you know or have been advised about the malfunction before you execute the transfer request;
    • The payment is refused due the prohibited type of transfer as described in Section 2 above;
    • You have not provided us with the correct name, email address, or mobile phone number of the recipient to whom you are initiating a transfer; and/or
    • Circumstances beyond our control (such as, but not limited to, fire, flood, Network Service, or other financial institution issues) prevent the proper execution of the transfer.
    • The funds in your account are subject to legal process or holds, such as garnishment or attachment .
  14. Your Liability for Unauthorized Transfers

    Immediately following your discovery of an unauthorized transfer, you shall communicate with our customer service at 561-847-2700 or 1-888-256-3214 or email us at customerservice@firstbankpb.bank. You acknowledge and agree that time is of the essence in such situations. If you tell us within two (2) Business Days after you discover your password or other means to access your account through which you access the Service has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your
    password or other means to access your account if you had told us, you could be liable for as much as
    $500.00. If your monthly financial institution statement contains payments that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may, in our sole discretion, extend the period.

  15. Liability for Failure to Complete Transfers

    We do not make any representation or warranty that any particular transfer transaction can be completed, or that it can be completed within a particular period of time. Any estimate we may provide concerning the completion date for the transfer transaction is only an estimate, and is not binding on us. You understand and agree that we have no control over the actions of other Users, or of other Network Banks that may prevent a transfer transaction from being completed, or may delay its completion.

  16. Fees

    We do not charge a fee for using the Transfer Service. However, fees associated with text messaging may be assessed by your mobile carrier, and data rates may apply. We reserve the right to assess fees in connection with this service in the future. If we do assess fees, we will give you reasonable notice as required by law and deduct any applicable fees from you funding account used for these transactions.

  17. Use of Our On-line Banking Site and/or Mobile App

    You agree to access this website and/or mobile app in compliance with our On-Line Banking and Mobile Banking Terms and Conditions, which are available at https://www.firstbankpb.bank/online-banking-terms and https://www.firstbankpb.bank/mobile-banking-agreement/ and incorporated into and made part of this Agreement by this reference.

  18. Cancellation of the service

    If you wish to cancel the Service, you may contact us at 561-847-2700 or 1-888-256-3214 or email us at customerservice@firstbankpb.bank. Any payment(s) that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Service at any time and for any reason or no reason. Neither termination, cancellation nor suspension shall affect your liability or obligations under this Agreement.

    [To be provided by the Participant. Participant to consider disclosures related to token maintenance and clean-up efforts.]

  19. Rights to Terminate Access

    In the event you violate any terms of this Agreement or there are unauthorized or fraudulent transactions related to your funding account, you agree that we may suspend or terminate your access to this service at any time without notice.

  20. Disclaimer of Warranties

    We do not make any representation or warranty that any particular transfer transaction can be completed, or that it can be completed within a particular period of time. Any estimate we may provide concerning the completion date for the transfer transaction is only an estimate, and is not binding on us. You understand and agree that we have no control over the actions of other Users, or of other Network Banks that may prevent a transfer transaction from being completed, or may delay its completion.

  21. Limitation of Liability

    EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ZELLE, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK BANKS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF ZELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ZELLE’S SERVICE OR WITH THE TERMS OF THIS [AGREEMENT], YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

    IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK BANKS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

  22. Indemnification

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

  24. Miscellaneous

    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.