A. Optional Zelle Services
(1) Description of Zelle Services.
a. This "Zelle Terms of Service Addendum to the Frost Bank Online Banking Agreement & Disclosure Services" (the "Addendum") governs my election to use the optional Zelle Service that is offered by Frost Bank (the "Bank") under the Frost Bank Online Banking Agreement & Disclosure (the "Agreement"). I understand that my use of the Zelle Service (as that term is defined below) is subject to the terms and conditions of this Addendum. Proceeding with using the Zelle Service constitutes my agreement to and acceptance of the terms and conditions contained herein. Capitalized terms not defined in this Addendum shall have the meaning ascribed to them in the Agreement. Under Section VII of the Agreement, I understand that Bank reserves the right to amend the terms of this Addendum at Bank’s discretion, and that my continued use of the Zelle Service constitutes my agreement and acceptance of the updated terms of the Addendum. Notice will be provided to me if my rights under the Addendum are expected to materially change. If any change to this Addendum is unacceptable to me, I will discontinue use of the Zelle Service immediately.
b. Bank has partnered with the Zelle Network ("Zelle ") to enable a convenient way to transfer money between me 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 "Zelle Service"). Financial institutions that have partnered with Zelle are referred to as "Network Banks."
c. Zelle provides no Deposit Account or other financial services. Zelle neither transfers, nor moves money. I may not establish a financial account with Zelle of any kind. All money will be transmitted by a Network Bank.
d. THE ZELLE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS I TRUST. I SHOULD NOT USE THE SERVICES TO SEND MONEY TO RECIPIENTS WITH WHOM I AM NOT FAMILIAR OR I DO NOT TRUST.
(2) Eligibility and User Profile.
a. When I enroll to use the Zelle Service or when I permit others to whom I have delegated to act on my behalf to use or access the Zelle Service, I agree to the terms and conditions of this Addendum. I represent that I am at least 18 years of age and I have the authority to authorize debits and credits to the enrolled Bank account.
b. I agree that I will not use the Zelle Service to send money to anyone to whom I am obligated for tax payments, payments made pursuant to court orders (including, but not limited to, court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts, or payments otherwise prohibited by law, and I agree that I will not use the Service to request money from anyone for such payments. Any use of the Zelle Service in any way related to or associated with criminal activity, violation of intellectual property rights, or the exploitation of any individual is prohibited.
c. When I enroll, I must provide Bank with an active email address that I regularly use and intend to use regularly (i.e. no disposable email addresses) and/or a permanent mobile phone number that I intend to use for an extended period of time (i.e., no disposable or "burner" mobile phone numbers).
I represent and warrant that the following also applies to any mobile phone numbers I use to enroll in the Zelle Service:
• The mobile phone number provided is a valid number (i.e., the phone number is not a landline, Voice over IP ("VoIP") or Google Voice or similar number);
• The mobile phone number is active, in my name or I am associated with the mobile phone account, and the mobile phone number is associated with a U.S. mobile network operator;
• The mobile phone number is not an international number (i.e., does not have an international subscriber identification module (SIM) Card.
• Mobile phone numbers deactivated by the U.S. mobile network operator will be deactivated from the Zelle Service.
(3) Consent to Share Personal Information (Including Account Information).
By accepting this Agreement, I consent to Bank’s disclosure of my 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 bank account information) to Zelle , other Network Banks, or other third parties in accordance with Bank’s Customer Privacy Statement and Internet Privacy Disclosure. I understand and acknowledge that this information will be used by Bank, Zelle , other Network Banks, or other third parties for the purposes of processing payment transactions, as well as for investigations related to payment transactions or alleged or suspected fraud with regard to payment transactions.
(4) Privacy and Information Security.
Bank makes security and the protection of my information a top priority. I understand that I can access Bank’s Customer Privacy Statement and Internet Privacy Disclosure, which are incorporated into and made a part of this Addendum by reference, by visiting www.frostbank.com, clicking on the "Agreements & Disclosures" link located at the bottom of the homepage and selecting one of the links below.
• Customer Privacy Statement
• Internet Privacy Disclosure
(5) Wireless Operator Data.
(6) Enrolling for the Zelle Service.
a. I must provide Bank with an email address that I regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent U.S. mobile phone number that I 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 ("VoIP").
b. Once enrolled, I may perform the following functions, to the extent Bank now, or in the future, chooses to offer such functions:
i. I authorize Bank to debit my designated account to send money to another User either at my initiation or when accepting a "send money" request sent by another User;
ii. I agree to maintain sufficient available funds in my designated account for each transfer I request or respond to until the transfer is completed, and understand that transfer requests through the Zelle Service will only be completed if sufficient funds exist; and
iii. I authorize receipt of money sent to me by another User, or requested by me through the Zelle Service from another User, subject to the conditions of the Section below titled "Requesting Money," and I understand that money sent to my email address or mobile phone number will be deposited to my designated account at Bank.
iv. I understand that I must send or receive money at least once in the prior 18 months to avoid deactivation of my enrolled mobile phone number or email address.
NOTE: If I initiate transfers from a savings account at Bank, I must refer to the Frost Deposit Account Agreement and Other Disclosures regarding limitations on transfers from savings accounts.
(7) Consent to Emails and Automated Text Messages.
By participating as a User in the Zelle Service, I represent that I am the owner of the email address, mobile phone number, and/or other alias I registered, or that I have the delegated legal authority to act on behalf of the owner of the email address, mobile phone number, and/or other alias to send or receive money as described in this Addendum. I consent to the receipt of emails or text messages from Bank, from Zelle , from other Users that are sending me money or requesting money from me, and from other Network Banks or their agents regarding the Zelle Services or related transfers between Network Banks and me. I agree that Bank may, Zelle may or either of Bank’s or Zelle ’s agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number I register. I further acknowledge and agree:
a. I am responsible for any fees or other charges that my wireless carrier may charge for any related data, text or other message services, including without limitation for short message service ("SMS"). I should review my mobile service agreement for details or applicable fees.
b. I will immediately notify Bank if any email address or mobile phone number I have registered is (i) surrendered by me, or (ii) changed by me.
c. In the case of any messages that I may send through either Bank or Zelle or that Bank may send or Zelle may send on my behalf to an email address or mobile phone number, I represent that I have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. I understand and agree that any emails or text messages that Bank sends or that Zelle sends on my behalf may include my name.
d. My wireless carrier is not liable for any delay or failure to deliver any message sent to or from Bank or Zelle , including messages that I may send through Bank or through Zelle or that Bank may send or Zelle may send on my behalf.
e. To cancel text messaging from Bank, reply "STOP" to the text message. For help or information regarding text messaging, reply "HELP" to the text message or contact Bank’s Customer Service at (800) 513-7678. I expressly consent to receipt of a text message to confirm my "STOP" request.
f. I understand that only U.S. carriers are supported for the Zelle Services I receive through Bank.
(8) Receiving Money; Money Transfers by Network Banks.
All transfers of money to me shall be performed by a Network Bank per the direction of that Network Bank’s User customer and at all times subject to the terms and conditions of the relevant service agreement between that Network Bank and its User customer, including without limitation any restrictions or prohibitions on permissible transactions. Once a User initiates a transfer of money to my email address or mobile phone number enrolled with the Zelle Service, I have no ability to stop the transfer. By using the Zelle Service, I agree and authorize Bank to initiate credit entries to the designated Bank account I have enrolled.
Most transfers of money to me from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect me, Bank, Zelle and the other Network Banks, Bank may need or Zelle may need additional time to verify my identity or the identity of the person sending the money. Bank may also delay or block the transfer to prevent fraud or to meet Bank’s regulatory obligations. If Bank delays or blocks a payment that I have initiated through a request for money, Bank will notify me in accordance with my User preferences (i.e., email, push notification).
If I am receiving a payment from a business or government agency, my payment will be delivered in accordance with both this Addendum and the procedures of the business or government agency that is sending me the payment.
(9) Sending Money; Debits by Network Banks.
I may send money to another User at my initiation or in response to that User’s request for money. I understand that use of this Zelle Service by me shall at all times be subject to (i) this Addendum, and (ii) my express authorization at the time of the transaction for Bank or another Network Bank to initiate a debit entry to my Bank account. I understand that when I send the payment, I will have no ability to stop it. I may only cancel a payment if the person to whom I sent the money has not yet enrolled in the Zelle Service. If the person I sent the money to has already enrolled with Zelle , either in the Zelle mobile app or with a Network Bank, the money is sent directly to that person’s bank account (except as otherwise provided below) and may not be canceled or revoked.
In most cases, when I am 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 me, Bank, Zelle , and the other Network Banks, Bank may need additional time to verify my identity or the identity of the person receiving the money. If I am 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, and I understand that such transfer may take up to two (2) days from the day the intended recipient responds to the payment notification by registering as a User. I understand and acknowledge that a person to whom I am sending money and who is not enrolled as User may fail to register with Zelle , or otherwise ignore the payment notification, and the transfer may not occur. I understand that if the recipient does not enroll with Zelle using the email address or mobile phone number I provide within fourteen (14) days of receiving the payment notification, Bank may cancel the transaction.
The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If Bank delays or blocks a payment that I have initiated, Bank will notify me in accordance with my User preferences (i.e., email, push notification). Bank has no control over the actions of other Users, other Network Banks or other financial institutions that could delay or prevent my money from being delivered to the intended User.
Neither Bank nor Zelle shall be liable to me for any such transfers of money, including without limitation, (i) any failure, through no fault of Bank or Zelle to complete a Transaction in the correct amount, or (ii) any related losses or damages. Neither Bank nor Zelle shall be liable for any typos or keystroke errors that I may make when using the Zelle Service. I agree that I, not Bank or Zelle , am responsible for resolving any payment or other disputes that I have with any other User with whom I send money to, or receive or request money from, using the Zelle Service.
THE ZELLE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM I TRUST. I SHOULD NOT USE ZELLE TO SEND MONEY TO PERSONS WITH WHOM I AM NOT FAMILIAR OR I DO NOT TRUST. NEITHER ZELLE NOR BANK OFFERS A PROTECTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE ZELLE SERVICE (FOR EXAMPLE, IF I DO NOT RECEIVE THE GOODS OR SERVICES THAT I PAID FOR, OR THE GOODS OR SERVICES THAT I RECEIVED ARE DAMAGED OR ARE OTHEWISE NOT WHAT I EXPECTED).
(11) Send Limits.
Bank’s transfer limits are set forth in Section V.B., of the Agreement. Transfer limits, if any, applicable to the holder of an account at another Network Bank may also apply in accordance with the terms of the Zelle Service at the applicable Network Bank.
(12) Requesting Money.
Bank permits me to request money from another User. I understand and acknowledge that Users to whom I send payment requests may reject or ignore my request. Neither Bank nor Zelle guarantee that I will receive money from other Users by sending a payment request, or that I will receive the amount that I request. Neither Bank nor Zelle accept responsibility if the other User rejects or ignores my request, or sends me an amount that is less than I request. If a User ignores my request, Bank may decide or Zelle may decide, in Bank's or Zelle's sole discretion, that Bank will not send a reminder or repeat request to that User.
By accepting this Addendum, I agree that I am not engaging in the business of debt collection by attempting to use the Zelle 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. I agree to indemnify, defend and hold harmless Zelle , its owners, directors, officers, agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of any request for money that I send that is related to overdue or delinquent amounts.
I 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 Bank or by Zelle . Neither Bank nor Zelle assumes responsibility for the accuracy or legality of such requests and does not act as a debt collector on my behalf or on behalf of the sender of a request for money.
Bank reserves the right, but assumes no obligation, to terminate my ability to send requests for money in general, or to specific recipients, if Bank deems such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.
Small Business Customers may not send payments to Out-of-Network Users enrolled with Zelle . "In-Network Users" are Zelle Users who bank at Network Bank, and "Out-of-Network Users" are Zelle Users who do not bank at a Network Bank.
(13) Transaction Errors.
Provisions for Transaction errors are set forth under Section V.H. of the Agreement.
(14) My Liability for Unauthorized Transfers.
My liability for unauthorized transfers is set forth under Section V.G. of the Agreement.
(15) Liability for Failure to Complete Transfers.
Bank’s liability for failure to complete transfers is set forth under Section V.F. of the Agreement.
There is currently no service charge for using the Zelle Service. If, however, Bank processes a transfer in accordance with my instructions that overdraws my designated Bank account, Bank may assess a fee or charge interest for any such overdraft in accordance with the terms of my Deposit Account Agreement and Other Disclosures. If Bank processes a transfer in accordance with my instructions that overdraws any of my external accounts outside the Bank, the Network Bank holding that external account may assess fees or charge interest for any such overdraft. Bank will not be liable for failure to pay any transfer request unless it is drawn against available funds credited to my designated account. I will be responsible for paying any mobile phone provider or operator charges, or utility charges and/or Internet access service fees incurred while using mobile phone and/or Internet access services to connect with the Zelle Service. Fees are subject to change from time to time upon notice to me as may be required by law.
(17) Use of Bank's Online Banking Site or Mobile App.
I understand that my use of the Zelle Service through either Frost Online Banking or the Frost Mobile App is subject to the terms and conditions of this Addendum and the Frost Bank Online Banking Agreement & Disclosure.
(18) Cancellation of the Service.
My ability to cancel the Zelle Service is set forth under Section VI.C. of the Agreement.
(19) Right to Terminate Access.
In addition to the Bank’s other suspension or termination rights listed under this Addendum, Bank reserves the right to suspend or terminate this Addendum and my use of the Zelle Service if, in Bank’s sole discretion, (i) I violate the terms of this Addendum, (ii) I fail to meet any requirement that either Bank or Zelle imposes with regard to either my enrollment information or any required update of my enrollment information, or (iii) I am suspected of conducting, or have conducted, unauthorized or fraudulent transactions using the Zelle Service or have conducted Zelle transactions that otherwise violate applicable law.
(20) Disclaimer of Warranties.
IN ADDITION TO DISCLAIMERS CONTAINED ELSEWHERE IN THE AGREEMENT OR THIS ADDENDUM, AND EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, NEITHER BANK NOR ZELLE MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE ZELLE SERVICE. BANK 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 NONINFRINGEMENT, WITH REGARD TO THE ZELLE SERVICE DESCRIBED OR PROVIDED. NEITHER ZELLE NOR BANK WARRANT THAT THE ZELLE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE ZELLE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
(21) Limitation of Liability.
IN ADDITION TO LIMITATIONS OF LIABILITY CONTAINED ELSEWHERE IN THE AGREEMENT OR THIS ADDENDUM, AND EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ZELLE OR BANK, THEIR RESPECTIVE 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 ZELLE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE ZELLE SERVICES DESCRIBED OR PROVIDED, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF MY TRANSMISSIONS OR DATA, OR (IV) ANY OTHER MATTER RELATING TO THE ZELLE SERVICES DESCRIBED OR PROVIDED, EVEN IF ZELLE OR BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF I AM DISSATISFIED WITH THE ZELLE SERVICE OR WITH THE TERMS OF THIS ADDENDUM, MY SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ZELLE SERVICE.
IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ZELLE, BANK, THEIR RESPECTIVE 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).
In addition to indemnification provisions elsewhere in the Agreement or this Addendum, I acknowledge and agree that I am personally responsible for my conduct while using the Zelle Service, and except as otherwise provided in this Addendum, I agree to indemnify, defend and hold harmless Bank, Zelle , their respective owners, directors, officers, agents, and Network Banks, from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of my use, misuse, errors, or inability to use the Zelle Service, or any violation by me of the terms of this Addendum.
Subject to the terms of this Addendum, the Zelle Service is generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond Bank’s or Zelle ’s control. Live customer service generally will be available Monday through Friday, excluding federal holidays. Zelle and the Zelle related marks are wholly owned by Early Warning Services, LLC and are used herein under license.
A. Optional Zelle Services