Common use of Liability for Failure to Complete Transfers Clause in Contracts

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 the Bank Amerant or Zelle Zelle® does not complete a transfer to or from your enrolled account at the Bank Eligible Account within the timeframes as described in this Zelle Agreementthese Terms of Use, or in the correct amount, in accordance with the terms of this Zelle Agreementthese Terms of Use, we will be liable to you for your direct losses and damages. However, neither the Bank nor Xxxxx Amerant and Zelle® will not be liable in the following circumstances: • If, through no fault of the Bank Amerant or Zelle®, the sender does not properly complete the transfer to your enrolled account at the Bank Eligible Account; • If, through no fault of the Bank Amerant or Zelle®, you do not have enough money in your account at the Bank enrolled Eligible Account to make the transfer transfer; • If, through no fault of the Bank Amerant 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 Zelle®; • If the Zelle Service or First Financial Bank your Online Banking or Amerant Mobile app was not working properly at the time or not working properly, and you knew about the malfunction when you initiated the transfer transfer; • If circumstances beyond the BankAmerant’s or Xxxxx’x Zelle®’s control (such as but not limited to, fire, flood, war, insurrection, pandemic or act of God) prevent the transfer, in spite of despite reasonable precautions that the Bank Amerant or Zelle Zelle® have taken taken; • If the Bank Amerant has reason to suspect that the transaction is unauthorized, or the Bank Amerant has placed restrictions on the use of the Zelle Service or your enrolled the Bank account Eligible Account for security reasons reasons; • If the funds in your Amerant account at the Bank are frozen (for example, because of a court orderorder or other legal proceeding) and the Bank Amerant is not legally permitted to complete the transfer; • If there is a hold on your account, or if access to your Eligible Account is blocked, in accordance with banking policy or as permitted by the Deposit Agreement; • If you believe someone has accessed your enrolled Eligible Account without your permission and you fail to notify the Bank immediately; • If a Payee, or a financial institution holding an External Account from which you have requested a transfer, mishandles or delays processing or posting a payment or transfer sent by Bill Pay Service or Online Transfers; • If we have a reasonable basis for believing that unauthorized use of your User ID, Password or enrolled Eligible Account occurred or may be occurring or if you have breached a term of this Agreement, the Deposit Agreement, any credit agreement or any other agreement with us, or if we or you terminate this Agreement or the Digital Service at issue; and • If you have failed to use the Zelle Service, First Financial Bank your Online Banking or Amerant Mobile app app, or your enrolled account at the Bank Eligible Account in accordance with our instructions • instructions. There may be other instances, either stated in this Zelle Agreement these Terms of Use 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 Eligible Account using the Zelle Service on time or in the correct amount.

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 Zelle 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 Zelle’s 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.