Touchstone Bank Mobile Deposit Terms and Conditions:
Your enrollment in Touchstone Bank Mobile Deposit Service constitutes your agreement with the terms of your Deposit Account Agreement and the below term and conditions. You acknowledge that you have read these terms and will retain a copy for your records.
In these Terms and Conditions Agreement, the words "you" and "your" refer to you as the person or business entity entering into this Agreement. The words "Bank", "we," "us," and "our" refer to Touchstone Bank.
Touchstone Bank Mobile Deposit enables you to use a Touchstone Bank Mobile Banking application and approved hardware (smartphone or mobile device) to create electronic images of certain paper items and transmit those images and other information captured from the magnetic ink character recognition ("MICR" line), to use for review and processing. "Electronic Item" means the electronic image of a paper item and other information captured from the paper item.
In order to enroll in Touchstone Bank Mobile Deposit, you must be an owner of a qualified deposit account or must be a designated authorized signer of a qualified deposit account. A qualified deposit account is a Touchstone Bank checking or savings account that is in good standing, approved by Touchstone Bank to use the service, with less than four (4) insufficient fund items within the past six (6) months.
Touchstone Bank Mobile Deposit is provided at no charge to you. We may, upon at least 30 days prior notice to you, to the extent required by applicable law, charge a fee for the use of this service. If you continue to use the service after the fee becomes effective, you agree to pay the service fee that has been disclosed to you, as may be amended from time to time.
You will receive a confirmation e-mail when a deposit has been received and another email when it is approved. Please check your email to ensure your deposit has been accepted. Once approved, funds will be available on the next business day unless you are otherwise notified. In certain circumstances, we may decline a deposit made via mobile banking and ask that you bring or mail the deposit to the bank.
You may submit mobile deposits at any time and make as many deposits as you need each day up to a daily limit of $5,000 and a 3-day limit of $15,000. The daily and 3-day limits are calculated on business days and calculated based on your total mobile deposit activity across all of the deposit accounts that you use with this service. Suppose you submit a mobile deposit that exceeds the daily or 3-day limit. In that case, you will be notified that the mobile deposit has been declined and that you may deposit the check in a manner consistent with other methods for making deposits provided by the Bank (such as at a branch, night drop, or by mail).
Touchstone Bank Mobile Deposit can be used to deposit most checks that are payable to you and drawn on a US financial institution; including personal checks, business checks, and government checks. Checks drawn on banks outside the United States are not eligible for deposit via mobile banking. Please endorse your check "For mobile deposit only Touchstone Bank" and sign your name before you capture the image of the item. Endorsements should be made by the owner of the account and should match the payee of the check.
A mobile deposit submitted before the cut-off time of 4:00 PM Eastern Time on a business day will be processed that day. A mobile deposit submitted after 4:00 PM Eastern Time or submitted on a non-business day and/or weekend will be processed on the next business day. Business days are Monday - Friday, excluding holidays that the Bank is closed. Each business day, on which we review and process your electronic item, we will use commercially reasonable efforts to review each electronic item and to reject/decline any electronic item that we, in our sole discretion, determine to be ineligible for this service (each, a "Declined Item"). "Declined Item" includes, without limitation, an electronic item that (a) is illegible or contains MICR data that is not machine-readable, (b) was previously processed as an electronic item, or (c) is drawn on banks located outside the United States and is not payable at or through a bank located within the United States.
After you have received confirmation that your mobile deposit has been accepted, you should mark the check as having been deposited and store it in a secure place. You should keep checks for the Retention Period of 14 days after deposit in case the original check is needed for any reason. Remember to destroy your checks in a secure manner after 14 days.
Mobile deposit funds are generally available the next business day after the business day of your deposit unless a hold is placed. If a hold is placed, you will be notified. A mobile deposit submitted before the cut-off time of 4:00 PM Eastern Time on a business day will be processed that day. A mobile deposit submitted after 4:00 PM Eastern Time or submitted on a non-business day and/or weekend will be processed on the next business day. Business days are Monday - Friday, excluding holidays that the Bank is closed. Please refer to your Touchstone Bank Funds Availability Policy Disclosure for specifics on deposit availability and limitations.
"You agree and warrant to Touchstone Bank that:
A. You will use this service only for paper items that are payable to you and endorsed by you.
B. You will not submit any duplicate electronic items to us.
C. You will not deposit to your account or otherwise negotiate any original paper item from which you have previously created and submitted to us an electronic item unless we have notified you to do so due to a processing error.
D. You will review and verify for accuracy the information contained in the electronic item(s) before you transmit to us.
E. You will not store or make a back- up a copy of the electronic item.
F. You will properly secure the hardware with security credentials to prevent unauthorized use. You will maintain control over and be responsible for the secure retention, storage, and destruction of original paper items for which you have created an electronic item.
G. Failure to protect your hardware and security credentials may allow an unauthorized party to access the service and transmit an electronic item for deposit. All uses of the service through your security credentials will be deemed as authorized by you and be binding upon you. You assume the entire risk for the fraudulent or unauthorized use of your security credentials. You agree to (i) exercise responsible behavior when using the service, (ii) follow the instructions and recommendations that Touchstone Bank provides you with respect to the service, and (iii) use maximum caution in protecting your hardware and security credentials from unauthorized access.
H. You agree to notify Touchstone Bank immediately if you become aware of any loss or theft of, or any unauthorized use of the service or your security credentials."
You will indemnify, defend, and save harmless Touchstone Bank and each of their respective directors, officers, employees, and agents from and against all liabilities, damages, claims, obligations, demands, charges, costs, or expenses (including reasonable fees and disbursements of legal counsel and accountants) awarded against or incurred or suffered (collectively, "Losses and Liabilities") by Indemnitees arising directly or indirectly from or related to the following (except for Losses and Liabilities arising directly or indirectly from or related to our own gross negligence or willful misconduct):
A. Any negligent or intentional act or omission by you in the performance of your obligations under this Agreement, including, but not limited to, (i) duplicate scanning of the same original Paper Item, (ii) transmission of duplicate Electronic Items, (iii) calculation errors of deposit totals, (iv) numerical errors on deposit data entry, and (v) fraudulent or unauthorized use of your hardware or Security Credentials.
B. Any material breach in a representation, warranty, covenant, or obligation of you contained in this Agreement;
C. The violation of any applicable law, statute, or regulation in the performance of your obligations under this Agreement;
D. Touchstone Bank acting as a ""reconverting bank"" under the Check Clearing for the 21st Century Act through the creation of ""substitute checks"" or purported substitute checks using an Electronic Item or an illegible Electronic Item;
E. Our presenting to Paying Bank an Electronic Item for payment; and
F. Your failure to (i) securely maintain your hardware or the original Paper Items, or (ii) properly and timely dispose of original Paper Items in accordance with this agreement."
You or we may terminate the Service at any time.
We may periodically audit and verify your compliance with this Agreement. You agree to cooperate and provide information or documents, at your expense, as may be reasonably requested by Touchstone Bank in the course of such audit.
If you have any questions about Touchstone Bank Mobile Deposit, please contact us at 804-478-5566.
Definitions:
A " Paper Item" is an Item that is in paper form. For purposes of this Agreement, an "Item" includes a check, a substitute check, purported substitute check, draft, demand draft, preauthorized draft, image replacement document, money order, cashier’s check or traveler’s check.
A "Business Day" is every day except Saturdays, Sundays, and federal holidays.
An "Electronic Item" means the electronic image of a paper item and other information captured from the paper item.
A "Mobile Deposit" is a deposit of an electronic item using Touchstone Bank’s Mobile Banking Application Check Deposit feature."
Mobile Banking Enrollment Terms and Conditions
END USER TERMS
1- This service is provided to you by Touchstone Bank and powered by a Third Party ("Licensor") mobile technology solution. Section A of these End User Terms is a legal agreement between you and Touchstone Bank. Section B of these End User Terms is a legal agreement between you and the Licensor.
SECTION A
TOUCHSTONE BANK TERMS AND CONDITIONS
Thank you for using Touchstone Bank Mobile Banking combined with your handheld'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 [email protected] or call 1-804-478-5566.
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 Touchstone Bank. 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 Touchstone Bank and not by any other third party. You and Touchstone Bank are solely responsible for the content transmitted through the text messages sent to and from Touchstone Bank. You must provide source indication in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.)
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 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.
SECTION C
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.
Touchstone Bank reserve its right to amend the terms and the customer?s method of acceptance of the amended terms.
3. Consent to Share Personal Information (Including Account Information)
4. Privacy and Information Security
We make security and the protection of your information a top priority. You can access our Privacy and Information Security Notice at https://www.touchstone.bank/uploads/userfiles/files/documents/ . Touchstone_Privacy_Statement_12_17.pdf, which [Privacy and Information Security 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
https://www.touchstone.bank/uploads/userfiles/files/documents/
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). [Participant may omit the parenthetical examples.] 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."
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 20736or contact our customer service at 804-478-5566. You expressly consent to receipt of a text message to confirm your "STOP" request.
f. Supported Carriers: Please check with your carrier for specific support questions.
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. [May be modified by a Participant that currently offers scheduled payments.] 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. If the person you sent money to has already enrolled with Zelle, either in the Zelle mobile app or with a Network Bank, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked.
In most cases, when you are sending money to another User, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Banks, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle, either in the Zelle mobile app or with a Network Bank, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle, or otherwise ignore the payment notification, and the transfer may not occur.
The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e. email, push notification).
We have no control over the actions of other Users, other Network Banks or other financial institutions that could delay or prevent your money from being delivered to the intended User.
10. Liability
Neither we nor Zelle shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Service.
THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE DOES NOT OFFER A PROTECTTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR
SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).
11. Send Limits
Send limits will be determined from time to time. If you have any questions, please see your customer representative.
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 EFT, telephone us at 1-804-478-5566 or the number listed on the statement for your
account, or write us at: Touchstone Bank P.O. Box 2230 Prince George, VA 23875 as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than 60 days after the date we send the first statement on which the problem or error appeared:
• Tell us your name and account number (if any)
• 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
• Tell us the dollar amount of the suspected error
If you tell us orally, we may require that you send 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 to conduct our investigation, however, we will notify you of our need for an extension, which 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. Your Liability for Unauthorized Transfers
Tell us AT ONCE if you believe that your password has been lost or stolen, or if you believe that an EFT has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit).
Except for EFTs to or from brokerage accounts, your liability for an unauthorized EFT or a series of related unauthorized EFTs will be determined as follows:
• If you tell us within two Business Days after you learn of the loss or theft of your password, you can lose no more than $50 if someone used your password without your permission.
• If you do NOT tell us within two Business Days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.
• Also, if your periodic statement shows transfers that you did not make, including those made by using your password, tell us at once. If you do not tell us within 60 days after the statement was made available or transmitted to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking your money if you had told us on time.
You may notify us in person, by telephone, by email during a secure session using the appropriate form, or in writing at:
• 1-804-478-5566.
• Touchstone Bank P.O. Box 2230 Prince George, VA 23875
You should also call the number or write to the address listed above if you believe a transfer has been made without your permission.
15. Liability for Failure to Complete Transfers
If we do not complete a Transfer Transaction to or initiate a Transfer Transaction from your account within any time frames, or in the correct amount, all in accordance with our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
• if, through no fault of ours, you do not have enough money in your Funding Account to make the transfer;
• if the transfer would go over the credit limit on your overdraft line;
• if the system supporting the Transfer Service was not working properly and you knew about the breakdown when you started the transfer;
• if the Transfer Transaction is delayed or cancelled for any of the reasons described in other sections of this Agreement;
• if circumstances beyond our control (such as a fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
16. Fees
Service Fees and Additional Charges are subject to change at any time. You are responsible for paying all fees associated with your use of the Zelle Payment Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Zelle Payment Service or Site. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES WILL BE CHARGED REGARDLESS OF WHETHER THE PAYMENT INSTRUCTION IS COMPLETED, UNLESS THE FAILURE TO COMPLETE THE INSTRUCTION IS SOLELY DUE TO OUR FAULT, except for those fees that are specifically use based, such as Zelle Payment Request, if applicable. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Eligible Transaction Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts (or other Eligible Transaction Accounts) will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. The Section above entitled "Failed or Returned Payment Instructions") applies if you do not pay our fees and charges for the Zelle Payment Service, including without limitation if we debit the Eligible Transaction Account for such fees, as described in this Section, and there are insufficient fees in the Eligible Transaction Account. Please refer to the Touchstone Bank Fee Schedule for the most up to date information
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 [Terms of Use], which are available on our website www.Touchstone.Bank and incorporated into and made part of this [Agreement] by this reference.
18. Cancellation of the Service
If you wish to cancel the Service, contact the Bank at 804-478-5566. 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.
19. Right to Terminate Access
In the event you violate any terms of this agreement, there are unauthorized or fraudulent transactions related to your Funding Account, Deposit Account or use of the Transfer Service, or we incur problems with your use of the Transfer Service, you agree that we may suspend or terminate your access to the Transfer Service at any time. We may, in our sole discretion, at any time and without prior notice to you or other Transfer
Service participants, suspend or terminate:
• the Transfer Service,
• your ability to send or receive funds through a Transfer Transaction,
• your ability to send funds through a Transfer Transaction, while continuing to permit you to receive funds through a Transfer Transaction
• your ability to request funds from another Member, or
• your ability to receive requests for funds from another Member.
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).
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 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.
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.