FDIC-Insured - Backed by the full faith and credit of the U.S. Government
FDIC-Insured - Backed by the full faith and credit of the U.S. Government
ZELLE NETWORK® AND PROVIDENT BANK® STANDARD TERMS AND CONDITIONS FOR THE ZELLE TRANSFER SERVICE
This Zelle Network® and Provident Bank® Standard Terms and Conditions for the Zelle Transfer Service (hereafter referred to as “Terms and Conditions” or “Agreement”) is intended to describe the relationship between Provident Bank and Zelle and to describe for you the terms and conditions for use of the Service. By enrolling to use the Service and tapping on the “Accept” button, you are agreeing to the terms and conditions set forth within this Agreement, as well as continued acceptance of the terms and conditions of the Provident Bank Consumer Deposit Account Terms and Conditions Agreement, the ProvidentConnect Online Banking Agreement, and other documents governing your use of other Provident Bank products and services referred to within these Terms and Conditions and made part of this Agreement by such reference.
Please read this Zelle Network® and Provident Bank Standard Terms and Conditions for the Zelle Transfer Service before tapping the “Accept” button and retain a copy for your records.
1. Description of Services
a. The Zelle Network® (“Zelle®”) is a convenient way to send and receive money with others you trust. Zelle enables you to send and receive money with customers who are enrolled with us or with another financial institution that partners with Zelle (each, a "User") using aliases, such as email addresses, mobile phone numbers, or other unique identifiers (the "Service"). We will refer to financial institutions that have partnered with Zelle as “Network Financial Institutions.”
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 transferred by a Network Financial Institution.
c. THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.
2. Definitions
a. “Account” means a consumer checking or savings account that has been designated by the User/account owner and identified by the financial institution holding the account as eligible to receive and send money resulting from Transfer Transactions.
b. “Agreement” means this Zelle Network and Provident Bank Standard Terms and Conditions for the Zelle Service
c. “Available Balance” means your designated Provident Bank Account’s balance at the start of each Business Day plus the full amount of all credits, less that day’s transactions, less all holds (reduction because of delayed availability for deposit funds, debit card transaction authorization holds, a court order or other reasons).
d. “Business Day” means every day except Saturdays, Sundays, and Federal holidays.
e. Customer Contact Center Business Hours means Monday through Friday 8:00 A.M. to 7:00 P.M. Eastern Time and Saturday 9:00 A.M. to 2:00 P.M. Eastern Time.
i. “Member” means a person who is any one or more of the following: an individual enrolled in the Service through any Participating Financial Institution;
ii. an individual that uses the Service through any Participating Institution to send money to another Member;
iii. an individual that is enrolled in the Service through Zelle to receive funds at the Member’s Financial Institution; or
iv. an individual that is not yet enrolled in the Service, but with whom you attempt to initiate a Transfer Transaction.
f. “Member’s Financial Institution” means any financial institution, including a Participating Institution, holding a Member’s Deposit Account that the Member had authorized to send or receive a transfer of funds as a result of a Transfer Transaction.
g. “Network Financial Institution” means any financial institution that has partnered with Zelle.
h. “Normal Business Hours” means the hours from 8:00 A.M. to 7:00 P.M. Eastern Time on Business Days and 9:00 A.M. to 2:00 P.M. Eastern Time on Saturday, excluding Federal holidays.
i. “Participating Financial Institution” means any financial institution which is participating in or cooperating with Zelle and the Service. Provident Bank is Participating Financial Institution.
j. “Service Providers” means AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator.
k. “Service” means the system/network described in this Agreement to receive and send money through Participating Financial Institutions.
l. “Transfer Transaction” means a transaction initiated through the Service to:
i. transfer money out of your Account to a Member;
ii. receive a transfer of money into your Account from a Member;
iii. send a request to a Member asking the Member to transfer money to you using the Transfer Service; and/or
iv.receive a request from a Member asking you to transfer money to them using the Transfer Service.
m. “User” means to you and others who are enrolled directly with Zelle or enrolled with another financial institution that partners with Zelle.
n. “We”, “Us”, “Our” and “Provident Bank” means Provident Bank and may be used in lower case form.
o. “Wireless Carrier” or “Wireless Operator” see “Service Provider”.
p. “You or Your” means each owner of an eligible Account subject to the conditions in Section 3.
q. “Zelle” or the Service means to the Zelle Network® operated by Early Warning Services, LLC, which facilitates the exchange of Transfer Transaction messages between financial institutions.
3. Eligibility and User Profile
When you enroll to use 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. You agree that you will not authorize a third party to use the Service or share your credentials with a third party to use the Service on your behalf except in legally authorized situations such as legal guardianship or pursuant to a power of attorney. Zelle and we reserve the right to terminate, suspend, or limit your access to or use of the Service at any time and without prior notice, including for reasons involving your use of the Service at any Network Financial Institution which may be deemed to be illegal, improper, brand damaging or potentially exposing us, Zelle, or the financial system to risk.
The Service is intended for personal, not business or commercial use. You agree that you will not use the Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Service with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service for business or commercial purposes, or for any unlawful purpose.
Content Standards: You agree that you will not use the Service in any way, or upload or provide content or otherwise post, transmit, distribute, or disseminate through the 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 or our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the 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. You understand that by using the Service, you may be exposed to content that is offensive, indecent, or objectionable. We and Zelle are not responsible for, 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 Service.
The Service may include functionality for you to use a unique alpha-numeric identifier to your registered User profile to be used in lieu of your mobile phone number or email address when sending, receiving, or requesting money, which will be your Zelle tag. Each Zelle tag must have an eligible U.S. mobile phone number associated with it and there will be a limit on the number of Zelle tags you may use. Your Zelle tag must meet the Content Standards. You may not select a Zelle tag that misleads or deceives other Users of the 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 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 Service, you may be exposed to a Zelle tag that is offensive, indecent, or objectionable. We and Zelle are not responsible for, 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 Service. We respect the intellectual property of others and require that users of the 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 Service that is subject to intellectual property rights claims.
We reserve the right to amend these Eligibility and User Profile requirements for use of the Service. We will send you notice of such changes in accordance with your User preferences (i.e. email, push notification). In some instances, your express acknowledgment of continued eligibility may be required. If so, we will instruct you as to the method to be used to provide your acknowledgment/acceptance. Otherwise, your continued use of the Service will serve as your acknowledgment and acceptance of the revised terms.
4. Consent to Use and Share Personal Information (Including Account Information)
By accepting this Agreement, you consent to Provident Bank’s disclosure of your personal information (including, but not limited to, "nonpublic personal information" as defined under the Federal Gramm-Leach- Bliley Act and regulations promulgated pursuant to the Act, including but not limited to, 12 C.F.R. § 313.3(n), as amended from time to time) including Account information to Zelle, other Network Financial Institutions, or other third parties in accordance with Provident Bank’s Customer Privacy Policy, which can be found on our website www.Provident.Bank. You understand and acknowledge that this information will be used by Provident Bank, Zelle, other Network Financial Institutions, or other third parties for the purposes of processing Transfer Transactions, as well as for investigations related to Transfer Transactions or alleged or suspected fraud with regard to Transfer Transactions.
5. Privacy and Information Security
Provident Bank makes security and the protection of your information a top priority. You understand that you can access Provident Bank’s Customer Privacy Statement and Security Information Statement, which are incorporated into and made a part of this Agreement by reference, by visiting www.Provident.Bank, and clicking on the “Privacy” or “Security Center” tabs located at the bottom of the homepage.
Your use of the Service constitutes your express authorization for each Network Financial Institution to use the email address(es) and telephone number(s) that are associated with you to process and route Transfer Transactions to and from your Accounts held at Provident Bank. In particular, if you: receive notice of a Transfer Transaction via any email address or via text message at any telephone 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 or telephone number with you and with your Account(s).
Accordingly, you agree that we may provide information about you to:
a. any Member you contact, communicate with, send funds to, or receive funds from, using the Service; and
b. any Member’s Network 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 name, address, telephone number, and email address. You irrevocably waive any rights granted to you by way of Federal and State privacy laws and regulations that would prevent us from providing this information in connection with any Transfer Transaction to which you are a party.
You agree that we may obtain such additional information as we deem reasonably necessary to ensure that you are not using the 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 or whose access to the United States banking system is prohibited under Federal Regulation GG, Prohibition on Funding of Unlawful Internet Gambling.
You understand that in order to complete money transfers using the Service, it may be necessary for us to communicate with other financial institutions and other participants in the 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 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:
a. initiate and complete the Transfer Transactions, and
b. provide support to facilitate your Transfer Transactions and use of the Service.
Your authorization includes, but is not limited to, providing such information to:
a. Members to whom you send funds or from whom you receive funds using the Service,
b. Zelle,
c. Network Financial Institutions, and
d. 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 Transfer Transactions or to verify the existence and condition of your Account. The third parties may include but is not limited to transaction processors, clearinghouses, credit bureaus and merchants, as well as other service providers who may participate in the processing of your Transfer Transactions in the future as technologies evolve and/or security measures are needed to identify or prevent fraud.
Each time you use the Service, you represent and warrant to us that:
a. you have the right to authorize us to access your Account to effect money transfers or for any other purpose authorized by this Agreement,
b. you are not violating any other person’s rights when you provide us information and instruct us to initiate or complete a Transfer Transactions,
c. you are not violating any laws or regulations of the United States, any State within the United States, and other Terms and Conditions for use of your Account as disclosed in Provident Bank’s Consumer Deposit Accounts Terms and Conditions Agreement and related disclosures, and
d. 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 Service. These audit logs may include, but are not limited to, detailed information about your transactions and communication with other Users.
6. Wireless Operator Data
We or Zelle® may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using the Service, you authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Zelle 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.
7. Enrolling for the Service
a. You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and/or 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, toll-free 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”.
c. 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, or we receive information that you are not the owner of the mobile 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.
d. Once enrolled, a Z logo will appear on your profile for each U.S. mobile number and/or email address that you have enrolled with Zelle. The Z logo will 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 it with Zelle.
e. If you enroll for the Service and select to use a Zelle tag, the mobile phone number associated with your User profile will be used as the contact method for communication related to the Service and must meet the requirements described herein.
8. Consent to Emails and Automated Text Messages
By participating as a User, you represent that you are the owner of the email address, U.S. 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 of such email address, U.S. mobile phone number, Zelle tag and/or other alias to send or receive money as described in these Terms and Conditions. You consent to the receipt of emails or text messages from us, from Zelle, from other Users that are sending you money or requesting money from you, and from other Network Financial Institutions or their agents regarding the Services or related transfers between Network Financial Institutions and you. You agree that we may, Zelle may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:
a. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.
b. You will immediately notify us if any email address or mobile phone number you have enrolled or is used as a contact method for a Zelle® tag is (i) surrendered by you, or (ii) changed by you.
c. In the case of any messages that you may send through either us or Zelle or that we may send or Zelle may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle sends on your behalf may include your name.
d. Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle, including messages that you may send through us or through Zelle or that we may send or Zelle may send on your behalf.
e. To cancel text messaging from us, send “STOP” to 454545. For help or information regarding text messaging, send HELP to 454545. You may also contact our Customer Contact Center at 800- 448-7768 during Normal Business Hours or email us at [email protected]. You expressly consent to receipt of a text message to confirm your “STOP” request.
9. Receiving Money; Money Transfers by Network Financial Institutions
Once a User initiates a transfer of money to your email address, mobile phone number, or Zelle tag enrolled with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to initiate credit entries to the bank account you have enrolled.
Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, us, Zelle, the other Network Financial Institutions and other Zelle users, we may need or Zelle may need additional time to verify your identity or the identity of the person sending the money. We or Zelle may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we or Zelle delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (i.e., email, push notification).
If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both these Terms and Conditions and the procedures of the business or government agency that is sending you the payment.
We have no control over the actions of other Users, the Network Operator or other Network Financial Institutions that could delay or prevent a transfer of money to you.
10. Sending Money; Debits by Network Financial Institutions
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) these Terms and Conditions, and (ii) your express authorization at the time of the transaction for us to initiate a debit entry to your bank account. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Service with the email address or U.S. mobile number to which you initiated the payment. If the person you sent money to has already enrolled with Zelle, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked. We therefore recommend that you use the Service to send money only to people you know and trust.
In most cases, when you are sending money to another enrolled 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, the other Network Financial Institutions, and other Zelle users, 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, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle®, or otherwise ignore the payment notification, and the transfer may not occur.
The money may also be delayed, or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we or Zelle delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e., email, push notification).
Neither we nor Zelle have control over the actions of other Users or other Network Financial Institutions that could delay or prevent your money from being delivered to the intended User.
11. Liability
Neither we nor Zelle shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Service.
THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE DOES NOT OFFER PURCHASE PROTECTION 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). REIMBURSEMENT IS AVAILABLE FOR UNAUTHORIZED TRANSACTIONS OR TRANSACTIONS RESULTING FROM CERTAIN QUALIFYING IMPOSTER SCAMS. CONTACT US TO DISPUTE A TRANSACTION.
12. Send Limits
We reserve the right, at any time in our sole discretion, to impose limits on the amount(s) of money and/or number of payments you may send, receive, or request over a certain period of time. If you attempt to send, receive, or request payment(s) in excess of your limit, such payment may be rejected. If you are permitted to send, receive, or request payment(s) in excess of your limit, such payment shall be subject to these Terms and Conditions, and we are not obligated to accept similar payment(s) at other times. The current daily limit for sending money varies and is dependent upon your entire banking relationship with Provident Bank, including but not limited to the length of time your Account has been open, your average Account balance, the number of times your Account has been overdrawn, and your use of the Service. Please note that the amount of money you can send as a new User and/or to a new recipient may be restricted by us; however, we may adjust this send limit upon request (call 800-448-7768) or through our review of your Account history, your banking relationship with us, and/or your use of the Service.
If your Account is a savings account, Federal regulations limit the number of Transfer Transactions you are permitted to make from your account. See the Provident Bank Consumer Deposit Accounts Terms and Conditions Agreement for more information regarding these limitations.
We reserve the right to change established send limits at any time with or without notice to you. All applicable send limits will reset at 12:00 A.M. (Eastern Time).
13. Requesting Money
You may request money from another User. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither we 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, we may decide or Zelle may decide, in our discretion, that we will not send a reminder or repeat request to that User.
By accepting these Terms and Conditions, 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 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.
14. Transaction Errors
If you believe an unauthorized transaction was made in any Account in connection with any service, call us immediately at 800-448-7768 during Customer Contact Center Business Hours or for TTY/TDD, or via email at [email protected].
Telephone, email, or write to us using the contact information in “How to Contact Us” as soon as you can, if you think your Account statement is wrong or if you need more information about a Transfer Transaction listed on your Account statement. We must hear from you no later than sixty (60) calendar days after we sent the FIRST statement on which the problem or error appeared:
a. Tell us your name and your Account number;
b. Describe the error or the Transfer Transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and
c. Tell us the date and 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 ten (10) Business Days. We will determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) calendar days to investigate your complaint or question. If we decide to do this, we will provisionally credit your Account within ten (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 ten (10) Business Days, we may not credit your Account. For errors involving new Accounts, we may take up to ninety (90) calendar days to investigate your complaint or question. For new Accounts, we may take up to twenty (20) Business Days to credit your Account for the amount you think is in error. We will tell you the results within three (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. In addition, if we determine that no error or a different error occurred and we had provisionally credited your Account, we will provide you notice that will include the date and the amount of the provisionally credited amount that will be debited.
15. Your Liability for Unauthorized Transfers
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.
You must tell us AT ONCE if you believe any of your Account credentials or your password(s) have been compromised, or if you believe that a Transfer Transaction has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account, plus the maximum overdraft credit line (if applicable). If you tell us within two (2) Business Days after you learn of the loss or theft of your password, you can lose no more than $50 if someone used your account and/or password to initiate a Transfer Transaction without your permission.
If you do NOT tell us within two (2) Business Days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.
Also, if your Account statement shows a Transfer Transaction that you did not make, you must tell us at once. If you do not tell us within sixty (60) days after the statement was mailed or delivered to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods.
If you believe your Account and/or password has been compromised, or if you believe a Transfer Transaction has been made without your permission using information from your Account (account and routing number information), you must tell us immediately by telephone or in writing. See “How to Contact Us”.
16. Liability for Failure to Complete Transfers
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. We will not be liable, for instance:
a. if, through no fault of ours, you do not have enough money in your Account to make the Transfer Transaction;
b. if, through no fault of ours, we have not actually received enough money to cover a request for money you sent to another User;
c. if the money in your Account is subject to legal process or other encumbrances restricting the Transfer Transaction;
d. if our processing system was not working properly and you knew about the problem when you started the Transfer Transaction;
e. if circumstances beyond our control (such as fire or flood) prevent the Transfer Transaction, despite reasonable precautions that we have taken;
f. if this Agreement is terminated and/or if you or we terminate your use of the Transfer Service;
g. if the authorization for your use of the Service is revoked by law or court order (in case of death or incompetence, for example);
h. if the services on your mobile device used to access the Service are not working properly and you knew about the malfunction when you started the Transfer Transaction;
i. if you have not provided us with the correct transfer information; or
j. if other exceptions are provided in other agreements we have with you or by applicable law.
We will rely on the identifying numbers you provide us in processing your Transfers Transactions. We will not be responsible for any conflict between these numbers and the identity of the parties or accounts involved.
If any of the above circumstances occur, Provident Bank will assist you if requested with reasonable efforts in taking appropriate corrective action to reprocess a Transfer that may not have been completed, or to correct any incorrect Transfer that has been processed.
17. Fees
There is no fee to use the Service; however, regular fees applicable to the use of your Account, will be charged in accordance with the applicable account disclosures governing your Account. We reserve the right to add a fee for use of the Service as well as change the amount of any fees that apply to the Transfer Service, and the circumstances under which fees may be waived at our sole discretion at any time and for any reason. We will give you reasonable notice of such change as required by law.
If we process a Transfer Transaction in accordance with your instructions that overdraws your Account with us, we may assess a fee for any such overdraft in accordance with the terms of the applicable account disclosure governing your Account and any credit line agreement in place should your use of the Service result in a draw on that credit line. We will not be liable for failure to pay any Transfer Transaction request unless it is drawn against Available Balance in the Account. You will be responsible for paying any Service Providers’ and/or Internet access service fees incurred while using telephone lines and/or Internet access services to connect with the Transfer Service.
18. Use of Our On-line Banking Website and/or Mobile App
You agree to access our www.Provident.Bank website and/or mobile app in compliance with our ProvidentConnect Online Banking Agreement which is available at Digital Banking Terms and Conditions (provident.bank) and incorporated into and made part of this Agreement by this reference.
19. Cancellation of the Service
Provident Bank reserves the right to cancel this Service at any time, with or without notice to User.
20. Right to Terminate Access
In addition to the its other suspension or termination rights listed under these Terms and Conditions, Provident Bank reserves the right to suspend or terminate your use of the Zelle Service if, in Provident Bank’s sole discretion, (i) you violate the terms of this Terms and Conditions, (ii) you fail to meet any requirement that either Provident Bank or Zelle imposes with regard to either your enrollment information or any required update of your enrollment information, or (iii) you are suspected of conducting, or have conducted, unauthorized or fraudulent transfers using the Zelle Service or have conducted Zelle transfers that otherwise violate applicable law. Provident Bank reserves the right to terminate to suspend or terminate use of the Zelle Service, with or without notice to User.
21. Changing the Terms and Conditions of the Transfer Service
We may change, delete, or add to the Terms and Conditions for the Transfer Service, and make changes, deletions, or additions to the Service at any time by notifying you of the change and providing the changed terms in accordance with your user preferences (i.e. email, push notification), sending you a notice by United States Postal Service or any other means permitted by applicable law. If you do not agree to the changes, you must cancel the Service.
22. Disclaimer of Warranties
EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, NEITHER WE NOR ZELLE® MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. WE AND ZELLE EXPRESSLY DISCLAIM 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. NEITHER WE NOR ZELLE WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
23. 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 FINANICAL 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 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 THE ZELLE® 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 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).
24. Indemnification
You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in this Agreement, you agree to indemnify, defend and hold harmless Zelle, its owners, directors, officers, agents, and Network 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 Service, or any violation by you of the terms of this Agreement.
25. Governing Law; Choice of Law; Severability
The same laws that govern your Account relationship with us, as explained in the Consumer Deposit Account Terms and Conditions Agreements and ProvidentConnect Online Banking Agreement, shall govern these Terms and Conditions. In any instance where you are not subject to the ProvidentConnect Online Banking Agreement, or the terms of the ProvidentConnect Online Banking Agreement are deemed inapplicable, then (i) the laws of the State of New Jersey, excluding its conflict of law rules, shall govern these Terms and Conditions; and (ii) you hereby irrevocably consent that all claims or disputes arising out of or in connection with these Terms and Conditions shall be heard exclusively by any of the Federal or State court(s) of competent jurisdiction located in the State of New Jersey.
We will not be deemed to have waived any of our rights or remedies under these Terms and Conditions unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
If any provision of these Terms and Conditions conflicts with the law under which these Terms and Conditions are to be construed or if any provision of these Terms and Conditions is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of these Terms and Conditions and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.
26. Miscellaneous
Subject to the terms of this Agreement, the Services are generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond the control of us or Zelle. 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.
27. How to Contact Us
You can contact Provident Bank by telephone, via email or in writing, as follows:
a. Telephone: 800-448-7768
b. Email: [email protected]
c. In Writing:
Provident Bank
P.O. Box 1001
Iselin, New Jersey 08830-1001
ATTN: Customer Contact Center