Effective January 3, 2025
This Addendum ("Addendum") and the Wells Fargo Online Access Agreement ("OAA") contain the terms and conditions governing your use of the Zelle® Transfer Service. If we make changes to this Addendum, we will update the Addendum on the website. We will notify you of changes following the procedures specified in the OAA. In the event of any inconsistency between this Addendum and the OAA, this Addendum will control.
Please read this Addendum carefully. By agreeing to this Addendum, or using or accessing the Zelle® Transfer Service, you are agreeing to the terms and conditions of this Addendum and the OAA. This Addendum and the OAA include, among other things:
- your agreement that each time you use or access the Zelle® Transfer Service, you are authorizing and instructing us to send emails and text messages to the recipient on your behalf;
- your agreement that if you request money from another person using the Zelle® Transfer Service it will not be for an overdue or defaulted debt, court-ordered amounts such as alimony or child support, a gambling debt, or a debt owed to someone other than you;
- our obligations to you;
- your obligations as a user of the Zelle® Transfer Service;
- circumstances under which we may reverse or modify payments or remove money from your account;
- the ways in which we may send you notices and disclosures;
- your agreement with us to use binding arbitration for most disputes arising under this Addendum or concerning the Zelle® Transfer Service and to waive the right to a trial by jury;
- your waiver of class-action rights;
- limitations on our liability to you;
- your mutual agreement with us that this Addendum will be governed by the laws of the State of South Dakota, without regard to conflict of law principles; and
- Zelle®’s disclaimer of warranties, limitations of Zelle®’s liabilities to you, and your indemnification of Zelle® for your use of the Zelle® Transfer Service.
Your agreement to these terms is essential to our agreement to provide the Zelle® Transfer Service.
Definitions
Except as otherwise provided in this Addendum, terms defined in the OAA have the same meaning in this Addendum. In addition, in this Addendum:
- "Authorized Representative" means a person with authority (actual or apparent) to take action or make decisions with respect to a Deposit Account, Funding Account, or the Zelle® Transfer Service. This includes others you have legally authorized to act on your behalf to use or access the Zelle® Transfer Service.
- "Deposit Account" means a transaction account that has been identified by the financial institution holding the account as eligible to receive funds from Transfer Transactions.
- "Funding Account" means a transaction account that has been identified by the financial institution holding the account as eligible to serve as a funding account for Transfer Transactions.
- “User” means a person who is any one or more of the following:
- an individual, business or government agency enrolled in the Zelle® Transfer Service through any Participating Financial Institution;
- a business that uses the Zelle® Transfer Service through any Participating Financial Institution to send money to another User;
- an individual or business that is enrolled in the Zelle® Transfer Service directly with Zelle® to receive money at the User’s Financial Institution; or
- an individual, or business that is not yet enrolled in the Zelle® Transfer Service, but with whom you attempt to initiate a Zelle® Transfer Transaction.
- "Participating Financial Institution" means any financial institution which is participating in, or cooperating with Zelle® and the Zelle® Transfer Service. We are a Participating Financial Institution.
- "User’s Financial Institution" means any financial institution, including a Participating Financial Institution, holding a User’s account that the User has authorized to send or receive a transfer of money as a result of a Transfer Transaction.
- "Transfer Transaction" means a transaction initiated through the Zelle® Transfer Service to:
- transfer money out of your Funding Account to a User;
- receive a transfer of money into your Deposit Account from a User;
- send a request to a User asking the User to transfer money to you using the Zelle® Transfer Service; and/or
- receive a request from a User asking you to transfer money to them using the Zelle® Transfer Service.
- "You" or "Your" means each Owner of a Deposit Account and Funding Account, or an Authorized Representative, subject to the conditions in Section 2.
- "We," "Us," "Our" and "Wells Fargo" means Wells Fargo Bank, N.A. and any of its affiliates or direct or indirect subsidiaries, involved in the provision of the Zelle® Transfer Service.
- "Zelle®" refers to the Zelle Network® operated by Early Warning Services, LLC, which facilitates the exchange of Transfer Transaction messages between financial institutions.
1. Overview of the Zelle® Transfer Service
1.B. Terms and Conditions of the Zelle® Transfer Service
1.A. The Zelle Network®
- We have partnered with the Zelle Network® ("Zelle®") to enable a convenient way to transfer money between you and Users who are enrolled directly with Zelle®, or enrolled with another financial institution that partners with Zelle® using aliases, such as email addresses, U.S. mobile phone numbers, or Zelle® tags (the "Zelle® Transfer Service").
- 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 Participating Financial Institution.
- THE ZELLE® TRANSFER SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY, AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE ZELLE® TRANSFER SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.
1.B. Terms and Conditions of the Zelle® Transfer Service
Your use of the Zelle® Transfer Service will be subject to this Addendum and the OAA, and also to the following, which are considered part of this Addendum:
- the terms or instructions appearing on a screen when enrolling for, activating, accessing, or using the Zelle® Transfer Service;
- our rules, procedures, and policies and the account agreements applicable to the Zelle® Transfer Service and your Funding and Deposit Accounts, as amended from time to time; and
- applicable state and federal laws and regulations.
Subject to all the terms and conditions of this Addendum and the OAA, you may use the Zelle® Transfer Service to engage in Transfer Transactions with other individuals or businesses who are Users.
The Zelle® Transfer Service is an Online Financial Service under the OAA. You agree that you are enrolling as a User of the Zelle® Transfer Service. You agree that you will only use the Zelle® Transfer Service for Transfer Transactions entered into for lawful purposes, and not for purposes or activities that may lead to liability, reputational harm, or brand damage to Wells Fargo or Zelle®.
We reserve the right to suspend or terminate your use of the Zelle® Transfer Service if we believe, in our sole discretion, that you violated the terms and conditions for use of the Zelle® Transfer Service.
1.C. Content Standards
- Pharmaceuticals and other controlled substances;
- Illegal drugs;
- Drug paraphernalia;
- Firearms, ammunition, or other weapons;
- Sexually oriented activities or materials;
- Pornography;
- Obscene or offensive activities or materials;
- Materials or activities that promote intolerance, violence, or hate;
- Ponzi or pyramid schemes;
- Illegal gambling, gaming, lotteries, or sweepstakes;
- Court-ordered alimony or child support payments;
- Traveler’s checks, money orders, equities, annuities, or currencies, including digital currencies, such as bitcoins;
- Counterfeit materials;
- Infringement on the copyright, patent, trademark, trade secret, or other intellectual property rights of Zelle®, a Participating Financial Institution, another User, or any other third party;
- Terrorist funding;
- Fraud, for example:
- Unauthorized electronic funds transfers that occur in instances of account takeover, lost/stolen debit cards or account information; or
- Fraudulently induced transfers where a recipient convinces a sender to transfer money with Zelle® by (i) pretending to be or to represent another person or entity; or (ii) offering to provide a good, service, or funds while intending to provide nothing in return.
- Money laundering; or
- Any other illegal activity or unlawful purpose.
You agree that you will not upload or provide content or otherwise post, transmit, distribute, or disseminate through the Zelle® Transfer Service any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Zelle®, as determined by Zelle® in its sole discretion; or (f) in Zelle®‘s or our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Zelle® Transfer Service, or which may expose us, Zelle® or our respective affiliates or customers to harm or liability of any nature.
Although neither we nor Zelle® have any obligation to monitor any content, both we and Zelle® have absolute discretion to remove content at any time and for any reason without notice. We and Zelle® may also monitor such content to detect and prevent fraudulent activity or violations of the terms and conditions in this Addendum. You understand that by using the Zelle® Transfer Service, you may be exposed to content that is offensive, indecent, or objectionable. We and Zelle® are not responsible, and assume no liability, for any content, including any loss or damage to any of your content. We and Zelle® make no representation or warranty that content uploaded to a User profile accurately identifies a particular User of the Zelle® Transfer Service.
We reserve the right to determine other prohibited uses of the Zelle® Transfer Service at our sole discretion, and at any time.
2. Eligibility to Use the Zelle® Transfer Service
In order to use the Zelle® Transfer Service you must have an eligible Funding Account or Deposit Account based in the United States, which includes Wells Fargo Bank checking, savings or prepaid accounts, Wells Fargo Advisors Brokerage Cash Services accounts, and Wells Fargo The Private Bank checking and savings accounts. The Funding Account and the Deposit Account may be the same account. Account eligibility rules may differ if you are enrolling in Zelle® through a separate financial institution or on the separate Zelle® service mobile app. In order to receive money transfers into your Deposit Account, that account must be in good standing. In order to transfer money out of your Funding Account to another individual or business, you must have an available balance in that account. You represent that you have the authority to authorize debits and credits to the enrolled Funding Account or Deposit Account.
You agree that if you are using the Zelle® Transfer Service as a means to conduct small business activity, then you will link your enrolled email address, U.S. mobile phone number, or Zelle® tag, to your eligible small business Funding and Deposit account, and not to your eligible personal Funding and Deposit account. You also agree that you may not use the Zelle® Transfer Service with any commercial account with us to receive money.
You agree that there may be other eligibility requirements that apply to participate in the Zelle® Transfer Service (e.g., non-U.S. persons may be prohibited from using the Zelle® Transfer Service), and that we have the right and sole discretion, to restrict or otherwise prohibit your use of the Zelle® Transfer Service.
You further agree that you will not authorize a third party to use the Zelle® Transfer Service or share your credentials with a third party to use the Zelle® Transfer Service on your behalf except in legally authorized situations such as legal guardianship or pursuant to a power of attorney.
We may, from time to time, introduce new features to the Zelle® Transfer Service. When this happens, we will update our website to include them.
3. Enrolling an Email Address, U.S. Mobile Phone Number, or Zelle® Tag to Use the Zelle® Transfer Service
You must enroll an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses), a permanent, text message-enabled U.S. mobile phone number that you intend to use for an extended period of time (i.e., no "burner" numbers), and/or a Zelle® tag. You may not enroll in the Zelle® Transfer Service with a landline phone number, Google Voice number, or Voice over Internet Protocol (VoIP). We reserve the right to cancel any enrolled email addresses or mobile phone numbers that do not meet the requirements of this Section 3 at any time without prior notice.
We may block enrollment, or later unenroll, any email address, U.S. mobile number, or Zelle® tag, if at any time we determine that it does not meet our criteria for Zelle® usage. For example, we may limit the number of email addresses, mobile phone numbers, and/or Zelle® tags that you can enroll in the Zelle® Transfer Service for an account. You may not enroll an email address that misleads or deceives other Users of the Zelle® Transfer Service as to your identity or the purpose of payments sent to you.
The Zelle® Transfer Service may include functionality for you to add a unique alpha-numeric identifier to your enrolled User profile to be used in lieu of your U.S. mobile phone number or email address when sending or receiving money, which will be your “Zelle® tag.” Each Zelle® tag must have one U.S. mobile phone number associated with it. Your Zelle® tag must meet the content standards in Section 1.C above. You may not select a Zelle® tag that misleads or deceives other Users of the Zelle® Transfer Service as to your identity, or otherwise. Although neither we nor Zelle® have any obligation to monitor User Zelle® tags, both we and Zelle® have absolute discretion to remove a User Zelle® tag at any time and for any reason without notice. We and Zelle® may require you to change your Zelle® tag in our sole discretion, and we may elect to make a Zelle® tag unavailable to you, without any liability of us/Zelle® to you. We and Zelle® may also monitor User Zelle® tags to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Zelle® Transfer Service, you may be exposed to a Zelle® tag that is offensive, indecent, or objectionable. We and Zelle® are not responsible, and assume no liability, for any User Zelle® tags, including any loss or damage caused thereby. We and Zelle® make no representation or warranty that a User Zelle® tag accurately identifies a particular User of the Zelle® Transfer Service. We respect the intellectual property of others and require that Users of the Zelle® Transfer Service comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services for Users who use or publish content on the Zelle® Transfer Service that is subject to intellectual property rights claims.
Once enrolled, you may:
- authorize a debit of your account to send money to another User either at your initiation or at the request of that User, subject to the terms and conditions outlined in Section 10.B and
- receive money from another User either at that User’s initiation or at your request, subject to the conditions of Section 12.A below titled "Requesting Money."
If at any time while you are enrolled, you do not send or receive money using the Zelle® Transfer 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, email address, or Zelle® tag that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the mobile phone number, email address, or Zelle® tag, then you understand that we may unenroll your U.S. mobile phone number, email address, or Zelle® tag, and you will not be able to send or receive money with the Zelle® Transfer Service until you enroll again.
Once enrolled, a Z logo may appear on your profile picture for each U.S. mobile number and/or email address that you have enrolled with Zelle®. The Z logo may be displayed to other Users to aid them in determining which of your U.S. mobile numbers or email addresses should be used to send money with Zelle®. If a User sends you money using a different U.S. mobile number or email address that they may have for you (one that is not already enrolled), you will receive a message with instructions on how to enroll with Zelle®.
4. Use of Emails and Automated Text Messages to Mobile Phone
4.A. Sending Emails and Text Messages on Your Instruction
4.B. Consent to Emails and Automated Text Messages
4.C. Declining to Use an Email Address, Mobile Phone Number, or Zelle® Tag
4.A. Sending Emails and Text Messages on Your Instruction
Each time you send money using the Zelle® Transfer Service, you are also authorizing and instructing either us or Zelle® to send emails and text messages to the recipient concerning the Transfer Transaction. You agree that these emails and text messages are sent on your behalf. Please note:
- These emails and text messages may identify you by name, mobile phone number, email address, and/or Zelle® tag, and may state that we are sending them on your behalf and according to your instructions.
4.B. Consent to Emails and Automated Text Messages
By participating as a User in the Zelle® Transfer Service, you represent and warrant to us that you are the owner or mobile subscriber of the email address, mobile phone number, Zelle® tag, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner or mobile subscriber of such email address, mobile phone number, Zelle® tag, and/or other alias to send or receive money as described in this Addendum. You consent to the receipt of emails, push notifications, or text messages from us or from Zelle®. 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 that:
- 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, as message and data rates may apply.
- You will immediately notify us if any email address or mobile phone number you have enrolled for use in the Zelle® Transfer Service is (i) surrendered by you, or (ii) changed by you.
- You understand and agree that any emails or text messages and push notifications sent on your behalf may include your name.
- We may send you text messages to the mobile phone number you have enrolled for the Zelle® Transfer Service as follows:
- Zelle® Transfer Service Text Messages
You will receive text messages from 93729 when you add a new payment recipient, receive money, or receive a request for money, unless you cancel receiving these text messages from us. Additional Zelle® Transfer Service text messages coming from 93729 may be added at any time to supplement your existing Zelle® Transfer Service email or push notifications. Message and data rates may apply depending on your carrier plan. To cancel text messages sent from 93729, send STOP to 93729. - General Text Messages
General text messages may be sent from 93557. To cancel text messages sent from 93557, send STOP to 93557. By sending STOP to 93557, you will no longer receive other Wells Fargo Online text messages from that number, including those for other services in which you may have enrolled, such as balance alerts, with the exception of certain one-time text messages that you may request in the future to receive (e.g., Advanced Access security text messages).
When you send STOP, you understand and agree that you will receive a single text message confirming your opt out request.
- Zelle® Transfer Service Text Messages
- To get help with the Zelle® Transfer Service or General text messages, send HELP to the applicable number(s) described in this Section, or call customer service at 800-956-4442. Message and data rates may apply. We accept all relay calls, including 711.
- Supported Carriers: Zelle® Transfer Service text messages are supported by many mobile carriers. Please check with your individual mobile carrier to confirm availability.
In the event you ever withdraw this consent, and notwithstanding that withdrawal, you expressly authorize us to use any of the methods described above to send you messages confirming your instructions sent to us via text message, including a confirmation from us in the event you withdraw your consent.
4.C. Declining to Use an Email Address, Mobile Phone Number, or Zelle® Tag
We may, in our sole discretion and for any reason, decline at any time to accept or use, or to continue to accept or use, any specific email address, mobile phone number, or a Zelle® tag provided to us by any person.
4.D. Wireless Carrier Data
We or Zelle® may use information on file with your wireless carrier to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Zelle® Transfer Service. By using the Zelle® Transfer Service, you authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Wells Fargo or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See the Zelle® Privacy Notice for how Zelle® treats your data, and our applicable Privacy Notices for how we treat your data.
5. Fees for the Zelle® Transfer Service
We do not charge a fee for using the Zelle® Transfer Service. However, fees associated with text messaging may be assessed by your mobile carrier, and data rates may apply. Account fees (e.g., monthly service, overdraft, Small Business Account Analysis fees) may also apply to your account(s) that you use for the Zelle® Transfer Service. In addition, fees may apply if you use the Zelle® Transfer Service through another financial institution or through the separate Zelle® service mobile app. We reserve the right to assess fees in connection with the Zelle® Transfer 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 the Funding Account used for the Transfer Transaction.
6. Accessing Your Funding Account; Terminating Access
6.C. Application of this Addendum After Reinstatement
6.A. Gaining Access
You authorize us to provide access to your Funding Account and Deposit Account through the Zelle® Transfer Service to initiate and complete Transfer Transactions.
To access the Zelle® Transfer Service you must have a username, a password, and the required hardware and software as described in Online Banking Help. You must also comply with any other security procedures and policies we may establish from time to time as provided in the OAA.
You must provide all mobile phone and other equipment, software (other than any software provided by us), and services necessary to access the Zelle® Transfer Service.
Not all types of accounts are eligible for Transfer Transactions. We reserve the right to decline the use of any account as a Funding Account or Deposit Account that we believe may present a risk to you and/or us.
6.B. Terminating Access
You agree that unless otherwise required by applicable law or regulation, we can terminate your access to the Zelle® Transfer Service, in whole or in part, at any time. For example, in the event (i) you violate any terms of this Addendum or the OAA, (ii) there are suspected or confirmed unauthorized or fraudulent transactions related to your Funding Account, Deposit Account or use of the Zelle® Transfer Service, or (iii) we incur problems with your use of the Zelle® Transfer Service, you agree that we may suspend or terminate your access to the Zelle® Transfer Service at any time.
We may, in our sole discretion, at any time and without prior notice to you or other Zelle® Transfer Service participants, suspend or terminate:
- the Zelle® Transfer Service,
- your ability to send or receive money through a Transfer Transaction,
- your ability to send money through a Transfer Transaction, while continuing to permit you to receive money through a Transfer Transaction,
- your ability to request money from another User, or
- your ability to receive requests for money from another User.
6.C. Application of this Addendum After Reinstatement
In the event your access to the Zelle® Transfer Service is terminated or suspended for any reason and then later reactivated or reinstated, you agree that this Addendum, or any revised or amended version of this Addendum in effect at the time of reactivation or reinstatement, will continue to apply to your Transfer Transactions and use of the Zelle® Transfer Service.
7. Privacy; Authorization to Use Information; Obligation to Update Contact Information
7.B. Use of Personal Information to Identify You and Process Transfer Transactions
7.C. Additional Provisions Concerning Use of Information
7.D. Changes to Email Address, Mobile Phone Number, and Zelle® Tag
7.A. Commitment to Privacy
We make security and the protection of your information a top priority. Except as otherwise provided in this Addendum, all information gathered from you in connection with using the Zelle® Transfer Service will be governed by the Wells Fargo U.S. Consumer Privacy Notice (PDF) and Digital Privacy and Cookies Policy.
7.B. Use of Personal Information to Identify You and Process Transfer Transactions
You authorize each Participating Financial Institution to use the email addresses, U.S. mobile phone numbers, and/or Zelle® tags, that are associated with you to process and route Transfer Transactions to and from your Funding and Deposit Accounts.
In particular, if you:
- receive notice of a Transfer Transaction via any email address or via text message at any mobile phone number, and
- authorize or accept completion of the Transfer Transaction, then
you are also authorizing all Participating Financial Institutions and Zelle® to associate that email address, mobile phone number, or Zelle® tag, with you and with your Funding and Deposit Accounts.
You agree that we may provide information about you to:
- any User you send or attempt to send funds to, or receive or attempt to receive funds from, using the Zelle® Transfer Service, and
- any User’s Financial Institution, Zelle®, or any other person engaged in processing, facilitating, or delivering Transfer Transactions to which you are a party.
The information we provide may include your first and last name, social security number, date of birth, address, mobile phone number, email address, your Zelle® QR Code, your Zelle® tag, and/or any other enrolled alias of yours. You irrevocably waive any provision of our Wells Fargo U.S. Consumer Privacy Notice, which would prevent us from providing this information in connection with any Transfer Transaction to which you are a party.
7.C. Additional Provisions Concerning Use of Information
You agree that we may obtain such additional information as we deem reasonably necessary to ensure that you are not using our Zelle® Transfer Service in violation of law, including, but not limited to, laws and regulations designed to prevent “money laundering” or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations of the Office of Foreign Asset Control (OFAC) of the United States Treasury Department.
You understand that in order to complete transfers using the Zelle® Transfer Service, it may be necessary for us to communicate with other financial institutions and other participants in the Zelle® Transfer Service concerning the Transfer Transactions. You agree that we may use, copy, modify, update, display, and distribute to other persons any information or data you provide to us for the purpose of processing Transfer Transactions or providing the Zelle® Transfer Service, and you give us a license to do so.
You authorize us and other Participating Financial Institutions to use information you provide to us, and information concerning your Transfer Transactions in order to:
- initiate and complete Transfer Transactions, and
- provide ancillary and supporting services to facilitate your Transfer Transactions and use of the Zelle® Transfer Service.
Your authorization includes, but is not limited to, providing such information to:
- Users to whom you send or attempt to send funds, or from whom you receive or attempt to receive funds, using the Zelle® Transfer Service,
- Zelle®,
- User’s Financial Institutions, and
- any intermediary or service that is in any way facilitating or processing the Transfer Transaction.
We may also disclose information to third parties about your account or the transfers you make, in order to process your transactions or to verify the existence and condition of your account. The third parties may include transactions processors, clearinghouses, credit bureaus and merchants.
Each time you use the Zelle® Transfer Service, you represent and warrant to us that:
- you have the right to authorize us to access your Funding Account to effect fund transfers or for any other purpose authorized by this Addendum,
- you are not violating any other person’s rights when you provide us information and instruct us to initiate or complete a fund transfer, and
- all the information you provide to us is true, current, accurate, and complete.
We will maintain audit logs that track your access, view, and use of electronic data in connection with your use of the Zelle® Transfer Service. These audit logs may include, but are not limited to, detailed information about your transactions and communication with other Zelle® Transfer Service participants.
You also authorize us and Zelle® to capture certain information from your mobile device or internet browser used to access the Zelle® Transfer Service, including, but not limited to, Internet Protocol (IP) address and geolocation (if enabled on your device). We and Zelle® may use such information to: operate and maintain the Zelle® Transfer Service; prevent, detect and protect against security incidents, fraud and prohibited or illegal activities related to the Zelle® Transfer Service; conduct internal research to improve the Zelle® Transfer Service; prepare anonymized reports about the use of the Zelle® Transfer Service; or for legal or compliance purposes.
7.D. Changes to Email Address, Mobile Phone Number, and Zelle® Tag
You agree that you will notify us immediately in the event of a change to any email address, mobile phone number, or Zelle® tag that has been provided to us and is associated with you. You may instruct us to change any email address, mobile phone number, or Zelle® tag we associate with the Zelle® Transfer Service at any time. Email address, mobile phone number, and Zelle® tag changes may be initiated:
- at your request;
- if we receive notice of change to your email address, mobile phone number, or Zelle® tag from any Participating Financial Institution or any common carrier; or
- if we receive information from another party in the business of providing correct contact information that the email address, mobile phone number, or Zelle® tag in our records no longer is associated with you.
We may continue to rely on any email address, mobile phone number, or Zelle® tag that has been provided to us until you notify us of a change. We may act on any instruction purportedly made on your behalf within a reasonable time after we receive such instruction.
8. Power of Attorney
For as long as you are using the Zelle® Transfer Service, you give to us a limited power of attorney and appoint us as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access the Funding and Deposit Accounts, complete transfers as described herein, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with completing transfers, including verifying the content and authenticity of any transfer instruction for the purposes of security procedures applicable to the Funding and Deposit Accounts, as fully to all intents and purposes as you might or could in person. Once we have actual knowledge that you wish to cease using the Zelle® Transfer Service as provided in this Addendum and have a reasonable opportunity to act on such knowledge, this limited power of attorney is automatically revoked; provided, however, that any act done by us in good faith before we have actual knowledge of the termination by you and have a reasonable opportunity to act on such knowledge shall be deemed to be authorized by you. This limited power of attorney shall not be affected by your subsequent incapacity.
You understand and agree that your relationship with each person to whom you send money to, or receive money from, is independent of Wells Fargo and your use of the Zelle® Transfer Service. We will not be responsible for any acts or omissions by these persons.
YOU ACKNOWLEDGE AND AGREE THAT WHEN WELLS FARGO IS EFFECTING A TRANSFER FROM OR TO ANY OF YOUR ACCOUNTS, WELLS FARGO IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF ANY THIRD PARTY. You agree that Wells Fargo, its affiliates, service providers, and partners shall be entitled to rely on the authorization, agency, and power of attorney granted by you in this Addendum.
9. Limitation of Liability
YOU AGREE THAT NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF (1) OUR ACCESS TO THE ACCOUNTS; (2) OUR ABILITY OR INABILITY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR TRANSFER INSTRUCTIONS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED ON THE ACCOUNTS; (4) ANY CHARGES IMPOSED, OR ACTIONS TAKEN, BY ANY NON-WELLS FARGO FINANCIAL INSTITUTION; (5) ANY TRANSFER LIMITATIONS SET BY THE NON-WELLS FARGO FINANCIAL INSTITUTIONS; AND/OR (6) LIABILITY ARISING FROM THE RECEIPT OR NON-RECEIPT OF THIRD PARTY NOTIFICATIONS SENT TO RECIPIENTS’ EMAIL ADDRESSES OR MOBILE PHONE NUMBERS PROVIDED TO US.
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 Zelle® Transfer Service.
THE ZELLE® TRANSFER 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 PROTECTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE ZELLE® TRANSFER 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).
10. Sending Money to Other Users
10.B. Sending Money; Debits by Participating Financial Institutions
10.C. Frequency of Transfer Transactions
10.D. Dollar Amount of Transfer Transactions for Sending Money
10.E. Transfer Transactions Subject to the Rules of the Funding Account
10.F. Transfer Transaction Descriptions
10.G. Failure or Rejection of Transfer Transactions
10.H. Authorization to Send Money and Suspense of Money
10.I. No Right to Cancel or Stop a Transfer Transaction
10.A. General
You may use the Zelle® Transfer Service to perform Transfer Transactions.
We may from time to time make available additional or new features to the Zelle® Transfer Service. We may at any time decline any Transfer Transaction that we believe may violate applicable law.
You represent and warrant to us that:
- all Transfer Transactions you initiate are for your own account, and not on behalf of another person,
- you are not receiving any fee or compensation from any other person in return for initiating a Transfer Transaction
10.B. Sending Money
i. General Information
You may send money to another User at your initiation or in response to that User’s request for money. For your protection, you should only send money to people and entities you know and trust. You understand that use of this Zelle® Transfer Service by you shall at all times be subject to (i) this Addendum, and (ii) your express authorization at the time of the transaction for us to initiate a debit entry to your Funding Account. You understand that when you send the payment, you will generally 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 their email address or U.S. mobile phone number in the Zelle® Transfer Service. If the person you sent money to has already enrolled with Zelle®, either in the separate Zelle® mobile app or with a Participating Financial Institution, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked.
ii. Timing of Transfer Transactions
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 Participating Financial Institutions, 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 separate Zelle® mobile app or with a Participating Financial Institution, 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 enrolled as a User may fail to enroll with Zelle®, or otherwise ignore the payment notification and the transfer will not occur and funds will be returned to funding account.
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 communication preferences (i.e., email, push notification, text message).
We have no control over the actions of other Users, other Participating Financial Institutions or other financial institutions that could delay or prevent your money from being delivered to the intended User.
iii. Requirement for an Advanced Access Code
An Advanced Access code may be required when you send money to a User for the first time. We will send you an Advanced Access code to your mobile phone number on file. In most instances, we will be able to send you an Advanced Access code immediately; however, in some cases, there may be a delay in when you can initiate your transfer to a User for the first time.
You can find additional information about Advanced Access here:
https://www.wellsfargo.com/help/online-banking/advanced-access-faqs
10.C. Frequency of Transfer Transactions
We do not limit the number of transfers you may make; however, you may not make transfers in excess of the number allowed by the rules governing the applicable accounts. We may from time to time, for security and risk management reasons, modify the limit, the frequency, and the dollar amount of money you can send using the Zelle® Transfer Service.
10.D. Dollar Amount of Transfer Transactions for Sending Money
You may not send money in excess of the limits described below. The amount of money you can send will vary based on your account and online banking history, your recipient, and the transaction history for each recipient. Transfers from a Wells Fargo Bank Funding Account may be made up to a rolling 24-hour daily dollar limit of $3,500 and a 30-day rolling dollar limit of $20,000 for most consumer accounts. Those with a Small Business account relationship will have a rolling 24-hour dollar limit of $15,000 and a 30-day rolling dollar limit of $60,000. Higher limits may apply if you have a Premier Checking, Wells Fargo Advisors, or The Private Bank relationship. For your protection, transaction limits may be lower based on risk factors. For more details on applicable limits, log in to the Zelle® Transfer Service on Wells Fargo Online® or Wells Fargo Mobile®.
Sending limits applicable to Users at other financial institutions are governed by the User’s Financial Institution’s transfer service agreements. Sending limits applicable to Users who use the separate Zelle® mobile app are governed by separate Zelle® service agreements.
We reserve the right to change the dollar amount of money you are permitted to send using the Zelle® Transfer Service without prior notice to you, unless otherwise required by applicable law or regulation. For example, in the event that your use of the Zelle® Transfer Service has been suspended and reinstated, you understand and agree that your use of the Zelle® Transfer Service thereafter may be subject to lower dollar amount limitations than would otherwise be permitted by us. All sending limits are subject to temporary reductions to protect the security of customer accounts and/or the Zelle® Transfer Service. Your sending limits may vary from those of other Users, depending upon criteria we establish.
10.E. Transfer Transactions Subject to the Rules of the Funding Account
All Transfer Transactions are subject to the rules and regulations governing your Funding Account. You agree not to initiate any payments from an account that are not allowed under the rules or regulations applicable to that account, including, without limitation, rules or regulations designed to prevent the transfer of funds in violation of OFAC regulations. You agree that any Transfer Transaction to a User’s account which is not with a Participating Financial Institution will also be governed by the Nacha Operating Rules and any applicable card network rules (e.g., Visa or Mastercard).
10.F. Transfer Transaction Descriptions
We may, in our sole discretion, permit you to add a description or comment concerning the Transfer Transaction that will be transmitted to the recipient. You agree that if we permit you to add a description or comment concerning the payment to your recipient that you will not include inappropriate or abusive language, emojis, messages or content in the description or comment. You agree that we may monitor the contents of the description or comments for inappropriate or abusive content, in our sole and absolute discretion.
10.G. Failure or Rejection of Transfer Transactions
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 financial institutions (including User’s Financial Institutions), that may prevent a Transfer Transaction from being completed, or may delay its completion. You understand and agree that we may not be able to complete a Transfer Transaction if:
- the receiving User does not enroll with the Zelle® Transfer Service; or
- the receiving User does not enroll with the Zelle® Transfer Service the specific email address, mobile phone number, or Zelle® tag you have provided to us for them.
Upon learning that a Transfer Transaction to send money from your Funding Account to a User cannot be completed for any reason, we may make a reasonable effort to complete the payment again. If the Transfer Transaction is not completed, we will notify you to contact your intended recipient.
If you do not have enough money in your Funding Account to make a Transfer Transaction, we may reject your request to initiate the Transfer Transaction.
We reserve the right to decline or cancel any payment instructions or orders or to carry out change or cancellation requests. We may, in our sole discretion, decline to initiate or complete a Transfer Transaction for any reason. We may, in our sole discretion, accept instructions from any User or from a User’s Financial Institution to block your attempts to use the Zelle® Transfer Service to initiate Transfer Transactions with that User or customers of that institution.
10.H. Authorization to Send Money and Suspense of Money
You agree that each payment instruction you give us is an authorization to send money on your behalf. You authorize us to withdraw the money from your Funding Account immediately upon receiving your instruction for the Transfer Transaction and to place the money in a suspense account pending completion of the Transfer Transaction. You understand and agree that in the case of a Transfer Transaction to a person who has not yet enrolled in the Zelle® Transfer Service, we may hold your money in the suspense account for up to fifteen business days before either returning the money to you or sending it to the recipient.
You understand that the User’s Financial Institution receiving the funds may require a User to manually accept each funds transfer you send to the User. If the User does not accept the funds transfer within the time frame set by the User’s Financial Institution, the funds will be returned to you. You understand and agree that we have no control over whether or not the User’s Financial Institution will require manual acceptance, or how long the User’s Financial Institution will hold the funds before returning them.
You authorize us to act as your agent in receiving and processing any return of money or Notification of Change received through the Automated Clearing House system.
10.I. No Right to Cancel or Stop a Transfer Transaction
Transfer Transactions that have been processed cannot be cancelled or stopped. You agree that you, and not we, will be responsible for resolving any payment dispute with any User to whom you send money through a Transfer Transaction, except as otherwise provided by law or regulation (including, to the extent applicable, the protections described in Section 13 relating to EFTs for consumer accounts).
11. Receiving Money; Refunding Payments and Payment Disputes
11.B. Refunding Payments Made to You by Users
11.A. Receiving Money
i. General Information
Once a User initiates a transfer of money to your email address, mobile phone number, or Zelle® tag enrolled with the Zelle® Transfer Service, you have no ability to stop the transfer. By using the Zelle® Transfer Service, you agree and authorize us to initiate credit entries to your Deposit Account.
All payments received are subject to the rules and regulations governing your Deposit Account.
ii. Timing of Transfer Transactions
Most transfers of money to you from other Users will occur within minutes. There may be circumstances when the payment may take longer. For example, in order to protect you, us, Zelle® and the other Participating Financial Institutions, 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 block a payment that you have initiated through a request for money, we will notify you in accordance with your communication preferences (i.e. email, push notification).
iii. Dollar amount of Transfer Transactions for Receiving Money
Wells Fargo does not set limits on the amount of money you can receive from other Users. However, a sender's financial institution may impose its own limits on how much a sender can send you, based on that financial institution’s own policies.
iv. Processing Transfer Transactions
We may return all or part of any Transfer Transaction to the sending financial institution, at any time and in our sole discretion, if either:
- we are unable to establish that you are the intended recipient of the Transfer Transaction,
- we reasonably believe that completing the Transfer Transaction would violate any applicable law or regulation.
11.B. Refunding Payments Made to You by Users
You agree that you are responsible for the full amount of any Transfer Transaction we credit to your Deposit Account which is later reversed for any reason. You agree that we may withdraw the full amount, or any portion, of any reversed or disputed Transfer Transaction, plus any applicable fees, from your Deposit Account or from any other account you have with us, without prior notice to you. You agree that you, and not we, will be responsible for resolving any payment dispute with any User from whom you receive money through a Transfer Transaction.
12. Requesting Money from Another User and Receiving a Request for Money
12.B. Receiving a Request for Money
12.A. Requesting Money
We may, at our option, offer you the ability to send a request for money to another User. You understand and agree that:
- All requests for money must be delivered to an email address if a User has not enrolled a mobile phone number with us, Zelle® or a Participating Financial Institution.
- Users to whom you send payment requests may decline or ignore your request. Neither we nor Zelle® guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither we nor Zelle® accept responsibility if a 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. We have no obligation to advise you on whether or not the request has been received.
- You will not make or repeat a request for money to a User after you have received notice from any person that either:
- the User does not wish to receive a request for money from you, or
- the User disputes or disclaims the obligation for which the request is made.
- You agree that you are not engaging in the business of debt collection by attempting to use the Zelle® Transfer 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 us, Zelle®, its owners, directors, officers, agents, and Participating Financial Institutions, from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable 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.
- Unless you are a small business, you may not have more than 35 pending requests at any one time.
- To send and receive requests for money with a small business, both parties must be enrolled with Zelle® directly through their financial institution’s online or mobile banking experience.
12.B. Receiving a Request for Money
We may offer other Users the ability to send you a request for money. You have no obligation to respond to the request, either through the Zelle® Transfer Service or otherwise. You authorize us to deliver to you all requests made by other Users that we reasonably believe are addressed to you. You understand and agree that:
- We are not able to control the frequency, content, or purpose of requests that may be sent to you by other Users.
- We make no representations or warranties concerning the genuineness or accuracy of any request you receive.
- We do not guarantee that you will receive requests addressed to you through the Zelle® Transfer Service.
- We may not be able to prevent or block requests from being sent to you, either by specific Users or generally.
13. Electronic Fund Transfer Provisions Applicable to Consumer Accounts
13.B. Your Liability for Unauthorized Electronic Fund Transfers
13.C. In Case of Errors, Unauthorized Electronic Fund Transfers, or Questions
13.E. Handling Preauthorized (Recurring) Payments
13.A. Applicability
The provisions in this Section apply only to electronic fund transfers (EFTs) that debit or credit a consumer's checking, savings, or other asset account and are subject to Regulation E, which implements the federal Electronic Fund Transfer Act. You can find the terms and conditions that apply to EFTs that debit or credit a brokerage account in your brokerage account agreement, not this Addendum.
When applicable, we may rely on any exceptions to the provisions in this Section that are covered in Regulation E. All terms in this Section not defined in this Addendum but defined in Regulation E will have the meaning given in Regulation E.
13.B. Your Liability for Unauthorized Electronic Fund Transfers
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:
Event: Loss or theft of Access Device (including username and password)
|
---|
If you notify us... Within two Business Days after learning of the loss or theft. Your liability won't exceed... Lesser of $50, OR the total amount of unauthorized EFTs that occur before notice to us.
|
Event: Loss or theft of Access Device (including username and password)
|
---|
If you notify us... More than two Business Days after learning of the loss or theft of your Access Device up to 60 days after we send you a statement showing the first unauthorized transfer made with Access Device. Your liability won't exceed... Lesser of $500, OR the sum of: a) $50 or the total amount of unauthorized EFTs occurring in the first two Business Days whichever is less; AND b) the amount of unauthorized EFTs occurring after two Business Days and before notice to us.
|
Event: Loss or theft of Access Device (including username and password)
|
---|
If you notify us... More than 60 days after we send you a statement showing first unauthorized EFT made with Access Device. Your liability won't exceed...
|
Event: Unauthorized EFT(s) NOT involving loss or theft of an Access Device (including username and password)
|
---|
If you notify us... Within 60 days after we send you a statement on which the unauthorized transfer first appears. Your liability won't exceed... No liability.
|
Event: Unauthorized EFT(s) NOT involving loss or theft of an Access Device (including username and password)
|
---|
If you notify us... More than 60 days after we send you a statement on which the unauthorized transfer first appears. Your liability won't exceed... Unlimited liability for unauthorized EFTs occurring 60 days after the statement and before notice to us.
|
If your delay in notifying us was due to extenuating circumstances, we’ll extend the times specified in the immediately preceding paragraphs to a reasonable period.
Note that these liability rules are established by Regulation E, which implements the federal Electronic Fund Transfer Act and do not apply to business accounts.
13.C. In Case of Errors, Unauthorized Electronic Fund Transfers, or Questions
Here’s how to notify us when you believe that an error, unauthorized EFT, or unauthorized transfer has been or may have been made:
- Phone. 1-800-956-4442 , 24 hours a day, 7 days a week.
- Paper Mail. Wells Fargo Bank, N.A., P.O. Box 6995, Portland, OR 97228-6995.
- Online. Sign on to the Service with your username and password and use the appropriate form.
To notify us of errors in brokerage account transfers, follow the procedures in your brokerage account agreement.
To limit your liability for subsequent unauthorized transfers, or to report any other errors, 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.
When contacting us about an error or with questions, please tell us:
- Your name and account number (if any).
- About the error or the transfer you question, and clearly explain why you believe it is an error or why you need more information.
- The dollar amount and date of the suspected error.
If you report a problem by phone, we may ask you to submit your complaint or question in writing within 10 Business Days. We’ll determine whether an error occurred within 10 Business Days after we hear from you and will promptly correct any error. If we need more time to conduct our investigation, we’ll notify you of our need for an extension of up to 45 days. If we decide to do this, we’ll provisionally credit your account within 10 Business Days for the amount you think is in error, so you can use 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 don’t receive it within 10 Business Days, we may not provisionally credit your account.
We may permit you to initiate or monitor the status of certain kinds of complaints or questions electronically on the Website. Complaints or questions you initiate via the process we provide on the Website will be considered as written notification.
For errors involving new accounts, our investigation may take up to 90 calendar days. For new accounts, we may take up to 20 Business Days to credit your account for the amount you think is in error.
We will tell you the results within three Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation and you can ask for copies of the documents that we used in our investigation.
13.D. Documentation
You have the right to find out whether an EFT was credited to or debited from your Wells Fargo account. Please contact the Wells Fargo Phone Bank at the number listed on your statement for your Wells Fargo Account. We will send you a monthly statement if there is an EFT in a particular month. Otherwise, we will send you a statement at least quarterly.
You may also access a history of all fund transfers completed or pending at any time by viewing your account activity or statements.
13.E. Handling Preauthorized (Recurring) Payments
Right to stop payment: If you have told us in advance to make regular Zelle® (recurring) payments out of your account, you can stop the entire Zelle® recurring schedule or the next upcoming Zelle® recurring payment.
Here's how. In time for us to receive your request at least three business days or more before the payment is scheduled to be made:
- Log into our mobile app or Online Banking or
- Call Wells Fargo Phone Bank at 1-800-869-3557 or
- Write to us at Wells Fargo, Customer Correspondence, P.O. Box 6995, Portland, OR, 97228-6995
13.F. Our Liability to You
If we do not complete a Transfer Transaction to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. For instance, we will not be liable if:
- Through no fault of ours, you do not have enough money in your account to make the transfer,
- The transfer would go over the credit limit on a credit account linked for Overdraft Protection,
- You were notified the Zelle® Transfer Service was not working properly and you knew about the breakdown when you started the transfer,
- Circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions we have taken, or
- There is some other exception stated in any of our agreements with you.
14. Transfer Transaction History
Your Transfer Transactions will appear in the Zelle® activity, online transaction history and in the periodic statements for your Funding Account.
15. Your Responsibility for Errors
You understand that we must rely on the information provided by you and you authorize us to act on any instruction, which has been or reasonably appears to have been sent by you, to submit money transfer instructions on your behalf. You understand that financial institutions receiving the money transfer instructions may rely on such information. We are not obliged to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You agree to accept full responsibility for losses resulting from any of your errors, duplication, ambiguities, or fraud in the information that you provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, we reserve the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
16. Miscellaneous
Subject to the terms of this Addendum, the Zelle® Transfer 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 United States bank holidays.
17. Additional Provisions from the Zelle Network®
17.A. Disclaimer of Warranties
17.B. Limitation of Liability for the Zelle® Transfer Service
17.C. Your Indemnification of Zelle®, Waiver of Class Action Rights, and Agreement to Arbitration
As a condition of your use of the Zelle® Transfer Service, Zelle® requires you to agree to the following additional provisions.
17.A. 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 ZELLE® TRANSFER 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 ZELLE® TRANSFER SERVICE DESCRIBED OR PROVIDED. ZELLE® DOES NOT WARRANT THAT THE ZELLE® TRANSFER SERVICE WILL BE UNINTERRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE ZELLE® TRANSFER SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
17.B. Limitation of Liability for the Zelle® Transfer Service
EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR PARTICIPATING FINANCIAL INSTITUTIONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE ZELLE® TRANSFER SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE ZELLE® TRANSFER SERVICES DESCRIBED OR PROVIDED, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY OTHER MATTER RELATING TO THE ZELLE® TRANSFER SERVICES DESCRIBED OR PROVIDED, EVEN IF ZELLE® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE ZELLE® TRANSFER SERVICE OR WITH THE TERMS OF THIS ADDENDUM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ZELLE® TRANSFER 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 PARTICIPATING FINANCIAL INSTITUTIONS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
17.C. Your Indemnification of Zelle®, Waiver of Class Action Rights, and Agreement to Arbitration
You acknowledge and agree that you are personally responsible for your conduct while using the Zelle® Transfer Service, and except as otherwise provided in this Addendum, you agree to indemnify, defend and hold harmless Zelle®, its owners, directors, officers, agents and Participating Financial Institutions from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, errors, or inability to use the Zelle® Transfer Service, or any violation by you of the terms of this Addendum.
You further acknowledge and agree that for any claims or disputes that you assert against Zelle® and Early Warning Services, LLC, Zelle® and Early Warning Services, LLC are entitled to enforce the provisions in this Addendum and OAA regarding arbitration and waiver of class action rights against you.