AGREEMENT TO ACCEPT TERMS AND CONDITIONS, STATEMENTS, NOTICES, CONFIRMATIONS, AND DISCLOSURES ELECTRONICALLY
In compliance with Electronic Signatures in Global and National Commerce Act (ESIGN)
In accordance with the Electronic Signatures in Global and National commerce Act (ESIGN), we want to advise you of your rights concerning your agreement to accept Terms and Conditions, Statements, Notices, Confirmations and Disclosures in an electronic format. In this Agreement, the terms “you” and “your” refer to each depositor, and the terms “we”, “us” and “our” refer to Johnson Bank (“Bank”). A “consumer account” means the owner(s) is a natural person and the account is established primarily for personal, family or household purposes. A “business account” includes all accounts other than a consumer account.
Bank Products/Service Terms and Conditions, Statements, Notices, Confirmations, and Disclosures (“Communications”) include, but are not limited to agreements for products and services, notices such as Privacy Notices, pricing and fee changes, and any amendments which may be made by the Bank from time to time.
CONFIRMATION OF CONSENT AS APPLICABLE BY FEDERAL LAW
You acknowledge and agree that your consent to receive Communications electronically is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (“Act”), and that you and we both intend that the Act apply to the fullest extent possible to allow us the ability to conduct business with you by electronic means.
UPDATING YOUR RECORDS
The Bank must have your current email address to provide you with Communications. It is your responsibility to provide us with an accurate and complete email address. You must maintain and promptly update this information with any changes. You can update your email address by submitting the change through our Electronic Banking Service (“eBanking”) or by contacting the Johnson Financial Group Customer Support Center at 1.888.769.3796.
WITHDRAWAL OF YOUR CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS
Your ongoing consent to receive Communications is voluntary and may be withdrawn at any time. You may withdraw your consent by contacting the Johnson Financial Group Customer Support Center at 1.888.769.3796, sending an email to email@example.com (not a secure email facility), or mailing your request to Johnson Bank, 555 Main Street, Suite 390, Racine, WI 53403. By withdrawing your consent to receive Communications, you will no longer be able to access any Communications (including statements) previously made available to you electronically and will again begin to receive paper Communications via U.S. mail. We may treat an invalid email address or the subsequent malfunction of a previously valid email address as a withdrawal of your consent. If you withdraw your consent to receive Communications electronically, the withdrawal will become effective after your request is processed (not to exceed one statement cycle, which could vary depending on your account type).
APPLICABILITY TO BUSINESS ACCOUNTS
Notwithstanding anything to the contrary herein, you understand and agree that, to the extent legally permitted, business accounts are automatically enrolled to receive Electronic Statements and may not withdraw enrollment or consent to receive Electronic Statements. Paper statements may be made available at a cost, upon request. A “business account” includes all accounts other than a consumer account. A “consumer account” means the owner(s) is a natural person and the account is established primarily for personal, family or household purposes.
We may amend or supplement this Agreement from time to time by providing notice to you. Notice shall be effective when sent or as otherwise required by law.
We reserve the right, at our sole discretion, to change or terminate the terms and conditions under which we provide electronically, or to discontinue providing Communications to you electronically. To the extent legally required, we will provide you with advance notice of any such change or termination. Your decision to continue to receive statements electronically will constitute your agreement to any such changes.
REQUESTING PAPER COPIES
To request a printed paper statement, contact your Relationship Manager or the Johnson Financial Group Customer Support Center at 1.888.769.3796.
HARDWARE AND SOFTWARE REQUIREMENTS
In order to access, view and retain Communications, you must have a personal computer or similar access device, operating system and a connection to the Internet capable of receiving, accessing, displaying and either printing or storing documentation you receive from us by access to our website using the technology specified:
- An up-to-date Internet browser such as Microsoft Edge, Google Chrome, Firefox or Safari, that meets our minimum requirements; and
- An email account with an Internet Service Provider and the appropriate software.
By reading and accepting this agreement, you acknowledge that you have a current version of Adobe Acrobat Reader® (you can download the most current version at http://get.adobe.com/reader/ to access and read Communications. You also acknowledge that you have the ability to open PDF and/or html files that we deliver to you.
A detailed copy of Hardware/Software minimum requirements will be provided upon your request. You may request this information by calling the Johnson Financial Group Customer Support Center at 1.888.769.3796, or by sending an email to firstname.lastname@example.org.
CHANGES TO HARDWARE AND SOFTWARE REQUIREMENTS
We will provide you with notice of any change in the hardware and software requirements in order to access, view and retain Communications. Your decision to continue to receive Communications will constitute your agreement to such changes.
ACCEPTANCE OF THIS AGREEMENT
By accepting the Agreement To Accept Terms And Conditions, Statements, Notices, Confirmations, And Disclosures Electronically, you acknowledge your understanding of, and agreement to these terms and conditions. You also confirm that you are able to meet the hardware and software requirements necessary to access, view and print online communications.
AGREEMENT TO ACCEPT TERMS AND CONDITIONS FOR ELECTRONIC BANKING AND BILL PAYMENT (eBanking)
By requesting and accepting the Johnson Bank Electronic Banking and Bill Payment (“eBanking”) Agreement (this “Agreement”), you agree to comply with all terms and conditions as stated in this document. You will gain access through eBanking to all accounts that you are associated with as a personal or business owner unless accounts are identified with special restrictions. Your receipt of this Agreement and acknowledgement of acceptance will automatically activate the eBanking services for you. At times, Johnson Bank may need to approve eBanking in connection with your accounts. If you are not immediately able to view your accounts upon acceptance, please contact the Johnson Financial Group Customer Support Center at 1.888.769.3796 to determine whether the services you requested have been approved for activation. You are responsible for selecting all hardware and software and your Internet Service Provider, and for any defect or malfunction, including interruption of Internet service. Acceptance of the eBanking agreement does not alter or dismiss the Johnson Bank Deposit Account Disclosure and Agreement (DADA) that was provided to you at account opening. Please review all agreements for additional information that may impact your account(s). This Agreement incorporates by this reference all other agreements between Johnson Bank and you relating to your accounts, including the DADA. To the extent of any inconsistency, this Agreement shall govern and prevail.
Johnson Bank may at its discretion limit access, usage of electronic banking services/features, and funds transfers for individuals under the age of eighteen (18).
PERSONAL SECURITY CODE
We will issue to you or you will select one or more security codes, login identifiers, and password identifiers, hereinafter known as Personal Security Codes (“PSC”). You may receive more than one PSC, depending on the number of services you have requested, and the levels of security required in connection with a service. At times, you may also receive a one-time security code. To facilitate additional security, a one-time, randomly generated validation code, will be provided to you. You will enter the code before completing certain transactions to prevent fraudulent activity and unauthorized access to your accounts and financial information.
If anyone uses your PSC with your permission, you will be responsible for any charges made to the account. You agree to safely keep the PSC, not to record the PSC or otherwise disclose or make the PSC available to anyone other than an authorized user and to use the PSC in accordance with these instructions. We are authorized to provide information relating to your accounts through the Telephone Service and eBanking Service to anyone accessing the accounts and using the proper PSC. Tell us AT ONCE if you believe that your PSC, a Card, or any other access device is lost or stolen, or if you believe that an electronic funds transfer has been made without your permission using information from your account. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your accounts (plus your maximum related line of credit providing overdraft protection, if any).
If someone uses your eBanking, Telephone Service, or any access device and your PSC without your permission, you can lose no more than $50.00 if you tell us within two business days. If you do NOT tell us within two business days after you learn of the loss or theft of your PSC, and we can prove we could have stopped someone from using your PSC without your permission if you had told us, you could lose as much as $500.00.
If you do not tell us about an unauthorized transaction within 60 days of the date we send a periodic statement, you may not get any money you lose after the 60 days if we can demonstrate that we could have prevented the loss of money if we were aware of the situation in a timely manner. We may extend this time period due to extenuating circumstances.
If you believe your PSC or access device has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, call the Bank, or write to us at the address or phone number listed within this disclosure.
Notwithstanding anything herein to the contrary, you are liable for any and all unauthorized transactions on a business account, including those made by or through the use of a Card, the Telephone Service, or the eBanking Service.
Our business days are Monday through Friday. Federal holidays are not included.
If your order for payment or funds transferred to a deposit account is received prior to 8:00 p.m. Central Time (“CT”) on a business day, your order will be processed on that same day. If your order for payment or funds transferred to a deposit account is received on or after 8:00 p.m. CT or on a non-Business Day, your order may not be processed until the next business day. As applicable, different cut-off times may apply to certain eBanking services.
With your approved access, you may use your eBanking to:
- transfer funds between your linked Johnson Bank checking, savings, and money market deposit accounts (including accessing your related line of credit with overdraft protection, if any, if no other funds are available in your account);
- transfer funds between your linked Johnson Bank checking, savings, or money market account(s) and certain external account(s) you have registered within eBanking;
- transfer funds to other Johnson Bank customers subject to limitations established by Johnson Bank;
- transfer funds for regular payments, additional principal payments, or other accepted payment types to linked Johnson Bank loan accounts;
- receive deposit account information, including the account balance, and identification of your recent transactions;
- determine the current interest paid to date and the previous year’s interest paid on your accounts;
- receive information regarding your line(s) of credit, including balance information, and the remaining available credit;
- instruct us to debit your Johnson Bank account(s) for payments directed to third parties;
- access your bank statements; and
- conduct self-service account maintenance such as re-ordering checks, changing address and phone information, stopping payment on checks, or sending us secure messages to receive help with additional maintenance.
Transfer of funds may occur immediately and once you initiate a transfer you will have no ability to stop the transfer. Johnson Bank is not liable for any transfer of funds, including without limitation, funds transferred for incorrect amounts.
LIMITATIONS ON TRANSFERS
External transfers made through eBanking using any Johnson Bank approved access device are limited to aggregate daily transactions of $10,000 or aggregate monthly transactions of $25,000.
Customer to Customer transfers to accounts held at Johnson Bank, and made through eBanking, are limited to $10,000 for one-time transactions. Recurring transfers are limited to available balance.
If you do not maintain the required balances or you exceed the number of allowed transactions at no charge for your deposit account, in accordance with the activity fees disclosed for the account, you will be charged for each transaction or purchase (including cash back transactions).
Unless the only type of electronic transfer that you receive is a preauthorized deposit to your savings account, you will receive a monthly account statement. Your regular monthly account statement will reflect each transaction, purchase, and cash withdrawal charged to your account and each credit applied to your account during the monthly account cycle, and the related fee if any. If there are no transactions in a particular month, you will receive a statement at least quarterly.
If we do not complete a transaction to or from your account in accordance with the terms and conditions of the account in the correct amount or in a timely manner when properly instructed to do so by you, Johnson Bank will be liable for damages proximately caused. There are exceptions, where Johnson Bank will not be liable, including in the following instances:
- If you have not properly followed the eBanking instructions.
- If your hardware, software, or Internet service is not installed or functioning properly.
- If through no fault of ours, your account does not contain enough money to execute the transaction.
- If the money in your account is subject to legal process or other encumbrances restricting the transaction.
- If the transaction would exceed the credit limit on your related line of credit account.
- In the case of a technical malfunction known to you at the time you attempt to execute the transaction.
- If circumstances beyond our control (for example, fire, loss of power, or flood) prevent the transfer despite reasonable precautions that we have taken.
- If a transaction is not initiated in time for us to complete it as agreed, as otherwise provided in our agreements with you, or by federal regulation.
- If incomplete or inaccurate information is forwarded by the U.S. Treasury or through an Automated Clearing House.
- For any computer failure or acts or delays by any carrier, agent or other third party operating between us and you, or any other cause beyond our control.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, ARISING IN ANY WAY OUT OF THE USE OF THESE SERVICES.
DISCLOSURE OF INFORMATION
We may disclose information about your account or transactions on your account: (a) to other recipients of combined account statements; (b) to third parties where it is necessary for completing or tracing transactions or resolving errors or claims; (c) to verify the existence and condition of your account for third parties, such as credit bureaus, merchants and other financial institutions; (d) pursuant to court orders and other legal process; (e) to governmental agencies or authorities in response to subpoenas, summonses, search warrants or other requests, including requests pursuant to state or federal law for the collection of court-ordered child support obligations, unless prohibited by law from making such a disclosure; (f) to others of your consent or where required by law to disclose such information; and (g) to our affiliates.
You authorize us to obtain credit information on you at any time prior to our agreement to provide a service or during the time you are using a service.
WITHDRAWALS, PURCHASES, TRANSFERS, CASH ADVANCES
Each payment instruction, withdrawal or transfer from an account is an order to us to pay from that account, which we may charge against the account even though the charge creates an overdraft. You agree to maintain sufficient funds in your account to pay in full the amount of any withdrawals, transfers, or other instructions for payment out of an account. Whenever your account is overdrawn, we have the right to return unpaid any checks or other orders on your account which are presented to us and to assess a service charge of $35.00 for making such return. If you overdraw your account, each of you agrees, jointly and severally, to immediately pay us the overdrawn amount, together with any applicable service charge, and we have the right to charge all or part of the deficiency to any account you may have with us or use any other collection remedy. We are authorized to charge such amounts against any account you maintain with us. If the account is maintained in connection with a line of credit, any overdraft will be made in accordance with the agreement or rules governing that account. You should refer to your line of credit agreement for important information regarding advances of that line of credit.
EXTERNAL TRANSFERS BETWEEN ACCOUNTS OWNED BY YOU
You must be enrolled in eBanking to make external transfers using your Johnson Bank accounts. External transfers allow you to transfer funds between your linked personal or business deposit accounts at Johnson Bank and certain deposit accounts owned by you or your business at another financial institution. You will need to register your accounts by providing certain identifying information about your non-Johnson Bank accounts. You agree that Johnson Bank may use any means available to execute your transfer however, delivery of these funds will most commonly be conducted through Automated Clearing House (“ACH”) and governed by the National Automated Clearing House Association (NACHA). All ACH rules will apply.
The Bank will use reasonable efforts to provide you with any notification of change regarding your account status that we may receive from your external financial institution. You are responsible for making corrections or adjustments regarding the notification of change prior to the next transfer date. If corrections have not been made, you understand that your account transfer will be blocked until the corrections to the account information have been completed.
Except as may be limited by applicable law, you agree to indemnify and hold the Bank or its representatives harmless against any and all liability to third parties arising out of this Agreement and the transfer of funds outside of the Bank in connection with your instructions.
We may terminate your privilege of using eBanking at any time and may withhold approval of any transaction at any time. If you wish to discontinue use of eBanking, you may notify us in writing using the contact information listed below.
This Agreement may be amended by us at any time, subject to any applicable requirements of law regarding prior notice, effective upon the date indicated in the notice.
STOPPING PAYMENT OF PREAUTHORIZED RECURRING TRANSFERS
- Right to and Procedure for Doing So
If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how: Call us or write us at the Bank (see address, email address and phone number later in this section) in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. You will be charged $35.00 for each stop payment order you give. You CANNOT stop payment of or revoke a preauthorized transfer that has already been sent through eBanking.
- Notice of Varying Amounts
If these regular payments from an external source vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.
- Liability for Failure to Stop Payment of Preauthorized Transfers
If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages; however, we may be able to enforce someone else’s rights against you for the payment.
In the event of a dispute regarding eBanking, Johnson Bank and you agree to resolve the dispute by looking to this Agreement. You agree that these terms and conditions are the complete and exclusive statement of the agreement between Johnson Bank and yourself which supersede any proposal or prior agreement, oral or written, and any other communication between Johnson Bank and yourself relating to the subject matter of these terms and conditions. In case of conflicting communication between a Johnson Bank associate and this Agreement, this Agreement shall prevail.
PROHIBITED USE OF EBANKING
You agree that the following uses of eBanking are strictly prohibited. You agree to indemnify, hold harmless, and defend us from and against any and all claims, actions, suits, judgments and expenses (including court costs and reasonable fees of attorneys, accountants and expert witnesses) at your sole expense, arising from your failure to abide by these restrictions on use of eBanking.
- Use of eBanking for wire transfers of funds.
- Unauthorized communication of any charge or credit card information belonging to any other person or entity.
- Unauthorized communication of any information concerning any PSC, password or other online access number, code or identification or any other proprietary information belonging to any other person or entity.
- Use of eBanking to copy or to distribute or transmit copies of copyrighted materials belonging to any other person or entity is permitted only to the extent that the owner has provided express permission to you permitting such activity. Copying or distributing or transmitting copyrighted materials other than with permission as specified above is expressly prohibited.
- Communicating any obscene or defamatory information including but not limited to on bulletin boards or in conjunction with conferences or email.
- Use of eBanking in violation of any telecommunication, postal, or other local laws or regulations of your country of origin or of the United States or in furtherance or in the commission of any crime or other unlawful or improper purpose.
You further agree:
- Transmission of confidential business and sensitive personal information is at your sole risk.
- We reserve the right to monitor and review transmissions online and in storage, and to remove or reject any material which we, at our sole discretion, believe may be unlawful or objectionable, without prior notice to you.
EXCLUSION OF WARRANTIES. JOHNSON BANK AND OUR SUPPLIERS MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO EBANKING, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NEITHER JOHNSON BANK NOR OUR SUPPLIERS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF EBANKING ASSUME ANY RESPONSIBILITIES WITH RESPECT TO YOUR USE OF EBANKING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR SUPPLIERS OR ANY OF THEIR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
IN NO EVENT WILL JOHNSON BANK OR OUR SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL EXEMPLARY DAMAGES, INCLUDING LOST PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF ARISING IN ANY WAY OUT OF THE USE OF EBANKING. SUBJECT TO LIMITATIONS IMPOSED BY LAW FOR CONSUMER ACCOUNTS, IN NO EVENT SHALL OUR LIABILITY FOR DAMAGES, REGARDLESS OF CAUSE OR FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE, DEFAMATION, AND/OR PRIVACY ACTIONS), EXCEED THE GREATER OF (1) YOUR INVOICE VALUE OF EBANKING USAGE FOR THE MONTH DURING WHICH THE CAUSE OF ACTION ACCRUED, OR (2) ONE HUNDRED U.S. DOLLARS (U.S. $100). THE FOREGOING CONSTITUTES OUR SOLE AND EXCLUSIVE LIABILITY TO YOU WITH RESPECT TO YOUR USE OF EBANKING.
Any cause of action concerning eBanking under this Agreement must be commenced within one year after such cause of action has accrued.
In Case of Errors or Questions about Your Electronic Transfers, contact us immediately if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. Contact information is stated below:
Telephone us at:
Or Write us at:
P.O. Box 547
Racine, WI 53401
For consumer accounts: We must hear from you no later than 60 days after we sent you the FIRST statement on which the problem or error appeared:
- Provide 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.
- Provide the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
The 10 day period in the preceding paragraph may be extended to 20 business days if the error involves a transfer to or from the account within 30 days after the first deposit to the account was made.
If the error involves an electronic transfer from your account to buy goods or services, or a transfer initiated outside of the United States or a transfer that occurred within 30 days after the first deposit to the account was made, the time period for investigation of an alleged error will be 90 days in place of 45 days.
We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
You may ask for copies of the documents that we used in our investigation. You may at any time and without charge, obtain a copy of this disclosure found within eBanking, or request a printed copy of the disclosures applicable to Johnson Bank eBanking by calling the Johnson Customer Support Center at 1.888.769.3796, or by sending an email to email@example.com* or by writing us at Johnson Financial Group – 555 Main Street Suite 390, Racine, WI 53403.
*This is not a secure email facility.
For business accounts: Our practice does not follow the procedures described above, and we are not legally required to do so. For example, we are not required to give provisional credit, or to finalize the claim during the periods stated above. We require you to notify us no later than 10 days after we sent you the first statement on which the error appeared. We may require you to provide us with a written statement that the disputed transaction was unauthorized.
ELECTRONIC BILL PAYMENT AUTHORIZATION
I AUTHORIZE Johnson Bank to post payment transactions generated by PC or any Johnson Bank approved access device from the Bill Payment Service to an external account registered through eBanking. I understand that I am in full control of my account and that my satisfaction is unconditionally guaranteed. If at any time I decide to discontinue service, I may provide written notification to Johnson Bank. My use of the Bill Payment Service signifies that I have read and accepted all terms and conditions of the eBanking and Bill Payment Service.
I UNDERSTAND that payments may take up to 10 business days to reach the vendor and that they will be sent either electronically or by check. Johnson Bank is not liable for any service fees or late charges levied against me. I also understand that I am responsible for any loss or penalty that I may incur due to lack of sufficient funds or other conditions that may prevent the withdrawal of funds from my account.
BILL PAYMENT INSTRUCTIONS
For the Bill Payment Service, you agree to choose a payment date, not less than 5 business days before the actual due date without taking into account any grace period and subject to U.S. postal delivery. You agree to provide correct payee name, address, account information and payment amount. Each time you create an instruction for payment, you authorize us to debit your account for the total amount transmitted. You agree to maintain sufficient funds in the account on the transaction payment date requested to pay in full the amount of the transaction.
- You understand that Johnson Bank or its authorized agent will use reasonable efforts to ensure payments reach payees on time but cannot guarantee the time a payment will be received/posted by a payee. Johnson Bank or its authorized agent will use reasonable efforts in ensuring payees reverse any service fee or late charge that is related to payment process error. Johnson Bank or its authorized agent will not be responsible for any loss or penalty that may be incurred due to lack of sufficient funds or other conditions that may prevent the withdrawal of funds from your account.
BILL PAYMENT LIMITATIONS
There are transaction limits for payments made through the eBanking Bill Payment Service. Individual transactions may not exceed $30,000.00. Aggregate daily transactions may not exceed $50,000.00.
STOPPING OR CHANGING EBANKING FUTURE PAYMENTS OR TRANSFERS
If you have set up automated payments to third parties or transfers between accounts through the eBanking system, you may change or discontinue these payments or transfers at any time.
Zelle Network® Standard Terms
Description of Services:
a. Johnson Bank has 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"). Johnson Bank 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.
d. A User means you and others who are registered with Zelle through Johnson Bank, directly through Zelle or through another financial institution that partners with Zelle.
Eligibility and User Profile:
When you enroll to use the Zelle Payment 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. Johnson Bank reserves the right to decline your enrollment if Johnson Bank believes that you are enrolling to use the Service with your business account or to receive business or commercial payments. Johnson Bank further reserves the right to suspend or terminate your use of the Service if Johnson Bank believes that you are using the Service for business or commercial purposes, or for any unlawful purpose.
Johnson Bank may amend or supplement this Agreement from time to time. Your continued use of the Zelle Payment Service after the date of the amendment will be considered your agreement with the amendment.
Consent to Share Personal Information (Including Account Information):
All information gathered from you in connection with Zelle Payment Services will be governed by the "Notice Regarding the Privacy of Your Personal Information with Johnson Financial Group". You authorize Johnson Bank to use the email addresses and telephone numbers that are associated with you to process and route transfer transactions to and from your Accounts.
The information Johnson Financial Group provides may include your name, address, telephone number, and email address. You irrevocably waive any provision of our "Notice Regarding the Privacy of Your Personal Information with Johnson Financial Group" which would prevent Johnson Bank from providing this information in connection with any transfer transaction to which you are a party.
Privacy and Information Security:
Johnson Financial Group makes security and the protection of your information a top priority. You can access our "Notice Regarding the Privacy of Your Personal Information with Johnson Financial Group" on the Johnson Financial Group website at https://www.johnsonfinancialgroup.com/Privacy-Policy which is incorporated into and made a part of this Agreement by this reference.
Wireless Operator Data:
Enrolling for the Service:
a. You must provide Johnson Bank with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent U.S. mobile phone number that you intend to use for an extended period of time (i.e., no "burner" numbers). You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol.
b. Once enrolled, you may:
i. Authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and
ii. Receive money from another User either at that User's initiation or at your request, subject to the conditions of the Section below titled "Requesting Money."
If at any time while you are enrolled, you do not send or receive money using the Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the U.S. mobile phone number or email address that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the mobile phone number or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Service until you enroll again.
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 Johnson Bank, 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 Johnson Bank 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 Johnson Bank 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 Johnson Bank or Zelle or that Johnson Bank 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 Johnson Bank sends 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 Johnson Bank or Zelle, including messages that you may send through Johnson Bank or through Zelle or that Johnson Bank may send or Zelle may send on your behalf.
e. To cancel text messaging from Johnson Bank, send STOP to 86434. For help or information regarding text messaging, send HELP to 86434 or contact our customer service at 1.888.769.3796 or firstname.lastname@example.org. You expressly consent to receipt of a text message to confirm your "STOP" request.
f. Supported Carriers: U.S. based mobile phone carriers that support text messaging and wireless Internet Service capabilities in order to receive email or text messages related to the Zelle Payment Service.
Receiving Money; Money Transfers by Network Banks:
Once a User initiates a transfer of money to your email address or mobile phone number enrolled with the Service, you have no ability to stop the transfer. By using the Zelle Payment Service, you agree and authorize Johnson Bank 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, Johnson Bank, Zelle and the other Network Banks, Johnson Bank may need, or Zelle may need additional time to verify your identity or the identity of the person sending the money. Johnson Bank may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If Johnson Bank delays or blocks a payment that you have initiated through a request for money, Johnson Bank 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.
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 Johnson Bank to initiate a debit entry to your bank account. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Service. If the person you sent money to has already enrolled with Zelle, either in the Zelle mobile app or with a Network Bank, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked.
In most cases, when you are sending money to another User, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, Johnson Bank, Zelle and the other Network Banks, Johnson Bank 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 Johnson Bank delays or blocks a payment that you have initiated, Johnson Bank will notify you in accordance with your User preferences (i.e. email, push notification).
Johnson Bank has no control over the actions of other Users, other Network Banks or other financial institutions that could delay or prevent your money from being delivered to the intended User.
Neither Johnson Bank nor Zelle shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of Johnson Bank or Zelle to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither Johnson Bank nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Service.
You agree that notwithstanding any other provision of this agreement, Johnson Bank is not liable for any fees, costs, losses or damages of any kind incurred by you as a result of our access to accounts; our ability or inability to debit and/or credit accounts in accordance with your funds transfer instructions; any inaccuracy, incompleteness or misinformation contained in the information retrieved on the accounts; any charges imposed, or actions taken, any funds transfer limitations set, any liability arising from the receipt or non-receipt of third party notifications sent to transfer funds recipients' email addresses or mobile phone numbers provided to Johnson Bank.
You agree that you, not Johnson Bank or Zelle, are solely responsible for resolving any payment or disputes that you have with any other member with whom you send money to, or receive or request money from, using the Zelle Payment 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 PROTECTION 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).
There are limits on the amount of money you can send or receive through the Zelle Payment Service. Johnson Bank may change these limits at any time at our sole discretion.
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 Johnson Bank 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 Johnson Bank nor 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, Johnson Bank may decide orZelle may decide, in our sole discretion, that Johnson Bank 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, including Johnson Bank, 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 Johnson Bank or by Zelle. Neither Johnson Bank 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.
Johnson Bank reserves the right, but assumes no obligation, to terminate your ability to send requests for money, or to specific recipients, if Johnson Bank deems such requests to be potentially unlawful, abusive, or unwelcome by the recipient.
Johnson Bank relies on information provided by you and you authorize Johnson Bank to act on any instruction, which was or reasonably appears to have been sent by you, and to submit fund transfer instructions on your behalf. Johnson Bank is not obligated to take any further steps to confirm or authenticate instructions and will act on them without further confirmation. You agree to accept full responsibility for losses resulting from any of your errors, ambiguities, duplication, or fraud in the information that you provide. If any information you provide is untrue, inaccurate, incomplete, or not current, Johnson Bank reserves the right to recover from you any costs or losses incurred as a direct or indirect result of the information you provide.
Your Liability for Unauthorized Transfers:
Advise Johnson Bank at once if you believe your User ID and Password or biometric information has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Contacting Johnson Bank immediately 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, if any). Contact information for error resolution is provided in this Agreement.
If you furnish another person with means of access to your account, all transactions completed by this person shall be deemed authorized until you give Johnson Bank notice that additional transactions are unauthorized. Until such notification is received by Johnson Bank, any misuse shall be your sole responsibility. Johnson Bank shall have no liability to you for any errors or losses you sustain in using the Zelle Payment Service except where Johnson Bank fails to exercise ordinary care in processing any transaction.
Liability for Failure to Complete Transfers:
Johnson Bank does not make any representation or warranty that any particular transfer transaction can be completed, or that it will be completed within a particular period of time. You understand and agree that Johnson Bank has no control over the actions of other members, or of other financial institutions, which may prevent or delay a transfer transaction from being completed. Johnson Bank is not obligated to make any transfer you request unless there are sufficient available funds in your account to cover the transfer.
Johnson Bank reserves the right to decline or cancel any payment instructions to carry out change or cancellation requests. Johnson Bank may, at our discretion, not complete a transfer transaction for any reason. Johnson Bank may, at our discretion, accept instructions from any Zelle member or from a member's financial institution to block your attempts to use the Zelle Payment Service to initiate transfer transactions with Zelle Payment Service members.
Johnson Bank will not be liable for any loss or damage resulting from the following:
- If the system supporting the Zelle Payment Service is not working properly.
- For any computer failure or acts or delays by any carrier, agent or other third party operating between Johnson Bank and you, or any other cause beyond our control.
- If your account does not contain enough money to execute the transaction.
- If the money in your account is subject to legal process or other encumbrances restricting the transaction.
- If the transaction would exceed the credit limit on your related line of credit account, if any.
- A technical malfunction known to you at the time you attempt to execute the transaction.
- If a transaction is not initiated in time for Johnson Bank to complete it as agreed, as otherwise provided in our agreements with you, or by federal regulation.
- If the transfer transaction is delayed or cancelled for any reason through no fault of our own.
- If circumstances beyond our control (for example, fire, loss of power, or flood) prevent the transfer.
Johnson Bank does not currently charge any fees for usage of the Zelle Payment Service. Johnson Bank reserves the right to charge additional fees in the future for use of the Zelle Payment Service. You are responsible for any and all telephone access fees and Internet service fees or charges that you may be assessed by your telephone and Internet service provider.
Use of Our Online Banking Site and/or Mobile App:
You agree to access this website and/or mobile app in compliance with our eBanking Disclosure which is available at www.johnsonfinancialgroup.com/change-in-terms-myjfg-ebanking-disclosure and incorporated into and made part of this Agreement by this reference.
Cancellation of the Service:
Johnson Bank reserves the right to cancel your access to this Service at any time and for any reason at our discretion.
You may cancel the Zelle Payment Service by contacting the Johnson Financial Group Customer Support Center at 1.888.769.3796 or email@example.com. By canceling the Zelle Payment Service, any pending transactions will also be terminated. When you cancel the Zelle Payment Service, you will no longer be able to access or use the Zelle Payment Service and you will not receive a refund of usage fees, if any. When you cancel the Zelle Payment Service, it will not cancel your other online or mobile services.
Right to Terminate Access:
In the event you violate any terms of this Agreement, or there are unauthorized or fraudulent transactions related to your Account or use of the Zelle Payment Service, you agree that Johnson Bank may suspend or terminate your access to the Zelle Payment Service at any time. Johnson Bank reserves the right to terminate your ability to send requests for money, or to specific recipients, if Johnson Bank deems such requests to be potentially unlawful.
Johnson Bank may, in our sole discretion, at any time and without prior notice to you or other Zelle participants, suspend or terminate:
- The Zelle Payment 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 or receive requests for funds from another member.
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.
Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ZELLE, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK BANKS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF ZELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ZELLE'S SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK BANKS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in this Agreement, you agree to indemnify, defend and hold harmless Zelle, its owners, directors, officers, agents and Network Banks, including Johnson Bank, from and against all claims, losses, expenses, suits, judgements, 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.
Governing Law; Choice of Law; Severability:
This Agreement is made pursuant to and shall be governed by and construed in accordance with the laws of the State of Wisconsin. The parties hereby agree that the Wisconsin Circuit Court for Racine County and the United States District Court for the Eastern District of Wisconsin shall have exclusive jurisdiction over any controversy relating to this Agreement. You hereby submit to the personal jurisdiction of such courts, waive any claim or defense based on the jurisdiction or venue of such courts, and agree not to commence an action against Johnson Bank in any other court.
If any clause, or portion of a clause, in this Agreement is considered invalid under the rule of law, it shall be regarded as stricken while the remainder of this Agreement shall continue to be in full effect.
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 Johnson Bank 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.
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS BY RIGHT CLICKING WITHIN THE DISCLOSURE AND CHOOSING THE PRINT OPTION.
Revised July 20, 2021