Liability for Failure to Complete Transfers. The deposit account agreement (Consumer Terms and Conditions of Your Account), and our Electronic Funds Transfer disclosure (Electronic Fund Transfers Your Rights and Responsibilities) which has been made a part of that agreement, describe our responsibility for completing electronic funds transfers and electronic payments, and our exceptions from liability for our failure to do so. These Terms of Use apply to your online transactions under the Services. WE WILL HAVE NO LIABILITY WHATSOEVER FOR FAILURE TO COMPLETE A PAYMENT OR TRANSFER YOU INITIATE OR ATTEMPT TO INITIATE THROUGH THE SERVICE UNDER ANY OF THESE CIRCUMSTANCES: (1) if the transfer or payment could not be completed due to Systems Unavailability or due to any circumstances beyond our control, including, without limitation, acts of God, any malfunction of your Internet access equipment, any internet virus or malware, or any problem that may be associated with your use of any Service or (2) if the payment was a tax payment, a court ordered payment or payment to a payee outside the U.S.A. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY SERVICE, PRODUCT, OR OFFER. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR MALWARE OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Liability for Failure to Complete Transfers. If we do not complete a Transfer Transaction to your Deposit Account or from your Funding 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 Funding 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 funds in your Registered Account, Receiving Account, or Funding Account are 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 Mobile 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 Transfer 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 Transfer Service are not working properly and you knew about the malfunction when you started the Transfer Transaction;
Liability for Failure to Complete Transfers. Surrey Bank is not responsible for failures, errors, delays, or inability to access the Service or to complete a transfer using the Service caused by your equipment or by your failure to properly use the Service. You agree to maintain a valid, active e-mail address and/or cell phone number to which confirmation of transactions can be sent. You must promptly notify Surrey Bank & Trust of any change in your e-mail address or mobile phone number by contacting your Surrey Bank & Trust branch office or calling (000) 000-0000. Surrey Bank & Trust is not liable for any third party-incurred fees, other legal liability, or any other issues or liabilities arising from payments that were not completed.
Liability for Failure to Complete Transfers. In using the Service, you are requesting that we attempt to make payments for you from your Account. If the payment instruction cannot be completed for any reason associated with your Account (for example, there are insufficient funds in your Account, or the payment instruction would exceed the credit or overdraft protection limit of your Account, to cover the payment), the payment instruction may or may not be completed. In certain circumstances, we may advance funds to your Account to cover an electronic debit. We may also attempt to debit your Account a second time to complete the payment instruction. In some instances, you will receive a return notice from us. In each such case, you agree that:
a. You will reimburse us immediately upon demand of the amount of the payment instruction if the payment has been delivered but there are insufficient funds in, or insufficient overdraft credits associated with, your Account to allow the debit processing to be completed; and
b. We are authorized to report the facts concerning the return to any credit reporting agency pursuant to applicable law.
Liability for Failure to Complete Transfers. If we do not complete a transfer you send from your Account in the correct amount or according to our agreement with you, we will be liable for those damages as the law imposes in such cases. However, there are some exceptions. We will not be liable, for example:
a. If, through no fault of ours, your Account does not contain sufficient funds to make the transfer and the transfer would exceed any credit line or any overdraft for such account.
b. The Service, your operating system or software was not functioning properly at the time you attempted to initiate such transfer and it was evident to you at the time you began the transfer.
c. Circumstances beyond our control, such as fires, floods, acts of nature, power outages and the like.
d. If you have not provided us with complete and correct transfer information, including without limitation the financial institution name and account number (if applicable), the email address or mobile phone number of the recipient for transfers you send and transfer amount for a transfer. The list of examples set out in this Section is meant to illustrate circumstances under which we would not be liable for failing to make a transfer and is not intended to list all of the circumstances where we would not be liable.
Liability for Failure to Complete Transfers. If the Bank or Zelle does not complete a transfer to or from your enrolled account at the Bank within the timeframes as described in this Zelle Agreement, or in the correct amount, in accordance with the terms of this Zelle Agreement, we will be liable to you for your direct losses and damages. However, neither the Bank nor Xxxxx will be liable in the following circumstances: • If, through no fault of the Bank or Zelle, the sender does not properly complete the transfer to your enrolled account at the Bank • If, through no fault of the Bank or Zelle, you do not have enough money in your account at the Bank to make the transfer • If, through no fault of the Bank or Zelle, the person to whom you are sending money does not receive the email or text message containing a payment notification with instructions to enroll with Zelle • If the Zelle Service or First Financial Bank Mobile app was not working properly and you knew about the malfunction when you initiated the transfer • If circumstances beyond the Bank’s or Xxxxx’x control (such as but not limited to, fire, flood, war, insurrection, or act of God) prevent the transfer, in spite of reasonable precautions that the Bank or Zelle have taken • If the Bank has reason to suspect that the transaction is unauthorized, or the Bank has placed restrictions on the use of the Zelle Service or your enrolled the Bank account for security reasons • If the funds in your account at the Bank are frozen (for example, because of a court order) and the Bank is not legally permitted to complete the transfer • If you have failed to use the Zelle Service, First Financial Bank Mobile app or your enrolled account at the Bank in accordance with our instructions • There may be other instances, either stated in this Zelle Agreement or other applicable account or electronic transfer service agreements we have with you, in which we will not be liable for our failure to complete a transfer to or from your enrolled account at the Bank using the Zelle Service on time or in the correct amount.
Liability for Failure to Complete Transfers. If we do not complete a transfer 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:
Liability for Failure to Complete Transfers. If we do not complete a transfer to or initiate a transfer from your Account within any applicable timeframes, or in the correct amount, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instances, if through no fault of ours, you do not have sufficient funds in your Account to make the transfer; if the Zelle Service or the MidFirst Mobile App were not working at the time you initiated the transaction, and you knew of the breakdown when you started the transaction; if the transaction is delayed or cancelled under other provisions of this Addendum or the Agreement; if there are circumstances beyond our control such as fire or flood that prevent the transfer; and any other exception stated in our Agreement with you.
Liability for Failure to Complete Transfers. We shall have no liability for any transfers which were not successfully completed. Our sole responsibility for an error in a transfer will be to correct the error; however, if the error was not solely made by us, we shall have no liability. You understand and agree that neither we nor the service providers are responsible for any loss, property damage, or bodily injury, whether caused by the equipment, software, us, or by Internet access providers or by online service providers or by an agent or subcontractor for any of the foregoing. Nor will we or the service providers be responsible for any direct, indirect, special, or consequential economic or other damages arising in any way out of the installation, download, user or maintenance of the equipment, software, online access services, or Internet browser or access software. In states that do not allow the exclusion of limitation of such damages, our liability is limited to the extent permitted by applicable law. Notwithstanding anything herein to the contrary, we will not be liable for the following: • If, through no fault of ours, you do not have adequate funds in an account to complete a transaction. • If you have not properly followed any applicable computer, Internet or our instructions for making Zelle transfers. • If your mobile device fails or malfunctions or if our First Service Digital Banking system was not properly working and such a problem should have been apparent when you attempted such as transaction. • Circumstances beyond our reasonable control (such as fire, hurricane, flood, telecommunication outages, equipment, or power failure prevent the transaction). • If the account with us is frozen because of a delinquent loan or is subject to a legal process or other claim. • If the error was caused by a system beyond our reasonable control, such as your Internet service provider. We may establish other exceptions in addition to those listed above.
Liability for Failure to Complete Transfers. The bank will not be liable for your failure to complete a transfer.
