This Chase QuickPay® with Zelle® Service Agreement and Privacy Notice (this "Agreement") states the terms and conditions that govern your use of the Chase QuickPay® with Zelle® Service (sometimes referred to as Chase QuickPay®, QuickPay, Send Money with Zelle®, Chase Person-to-Person QuickPay or other trade name or trademark as determined by us) and J.P. Morgan QuickPay (each, the "Chase QuickPay® with Zelle® Service" or "Service"). As used herein, the terms "Bank", "us," "we," or "our" mean JPMorgan Chase Bank, National Association, or any affiliate, agent, independent contractor, designee, or assignee that we may, at our sole discretion, involve in the provision of the Service; "you" or "your" means (1) an individual or entity that is the owner of an account or (2) an authorized signer on an account who has authority to view account information and effect transactions on such account.
1. General Terms Applicable to the Service
When you use or access, or permit any other person(s) or entity 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. We may amend or change this Agreement (including any applicable fees and service charges) from time to time, in our sole discretion, by sending you written notice by electronic mail, postal mail or by posting the updated terms on the sites within the Service (the "Site(s)"). Please access and review this Agreement regularly. If you find the Agreement unacceptable to you at any time, please discontinue your use of the Service. Your use of the Service after we have made such changes available will be considered your agreement to the change.
We grant to you, for your personal use or, if you are a business, internal business purposes only, a nonexclusive, limited and revocable right to access and use the Service. You agree not to use the Service for any other purpose, including commercial purposes, such as co-branding, framing, linking, or reselling any portion of the Service without our prior written consent.
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 our or Zelle's control.
2. Eligibility and User Profile
- In order to register in the Service to request, send or receive money, you must have one or more eligible accounts to designate a Pay From Account and/or a Pay To Account, as applicable. We have the right to determine eligibility and to restrict categories of recipients to whom payments may be made using the Service in our sole discretion. To use the Service to make a transfer between (i) two registered Chase QuickPay accounts;(ii) a Chase Account and a Network Bank Account (as defined below),or (iii) a Chase Account and an Out-of-Network Bank Account (as defined below).
- You represent that you are a U.S. resident (not including U.S. territories) and you have the authority to authorize debits from and credits to the registered bank account(s).You agree that you will only use the Service for lawful purposes. You agree that you will not use the Service for International ACH Transactions, which are prohibited under this Agreement. You further agree not to use the Service to request, send or receive money from 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.
3. Registering for the Service
- You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent mobile phone number that you intend to use for an extended period of time (i.e., no "burner" numbers).
- To send, request and/or receive money, the User must (i) be registered with (a) the Service or (b) the person-to-person payment service of clearXchange, Zelle or a Network Bank, and (ii) have an eligible Pay To Account or Pay From Account, and in the case of transfers between you and another User at Chase, eligible Pay To and Pay From Accounts that are Chase Accounts.
- Once registered, you may:
i. authorize a debit of your account to send money to another User at your initiation or at the request of that User; and
ii. receive money from another User at that User's initiation or at your request, subject to the conditions of the Section below titled "Requesting Money."
- "Accept(s)" or "acceptance" means the recipient's consent to receive the funds or transfers, which could be provided through various ways, including by the recipient, by cXc or Zelle in the case of certain Out-of-Network Bank Accounts, or by the financial institution holding that account on recipient's behalf, either manually or through an automated process. For those financial institutions that accept payments on behalf of their accountholders, including us, the date of acceptance as used in this Agreement typically has the same meaning as the Send On date.
- "Business Day" refers to Monday through Friday, excluding federal holidays.
- "Cancelled" means funds will neither be processed nor sent for any reason.
- "Chase Account" means a checking account held by us, or a reloadable, prepaid account established under the Chase Liquid® Card program (Chase Liquid Card) or other eligible Chase card or account as determined by us from time to time and registered for the Service.
- "clearXchange" or cXc refers to refers to a digital payments network and company that arranges electronic money transfers, using email addresses and mobile phone numbers.
- "clearXchange platform" means the website, clearXchange.com, operated and made available by cXc at its sole discretion, solely to those Users who bank with an Out-of-Network Bank.
- "Completed" means funds have been successfully processed and both Pay To and Pay From Accounts have been updated. It does not mean funds have necessarily been received into the Pay To Account.
- "Current Day" refers to funds from a Chase Account that are scheduled to be sent with a present day Send On date (i.e., the transfer is scheduled to begin processing the same date as the Instructions are entered).
- "Cutoff Time" means the time by which we must receive Instructions to have them considered entered on that particular Business Day. See the paragraph entitled "Cutoff Times" for additional details.
- "Funded" means when an amount to be sent has been withdrawn from the available balance of the Pay From Account.
- "Future Dated" means Instructions that are not scheduled to begin processing on the Current Day; only Business Days may be selected for Future Dated transfers.
- "In Process" means the funds requested for transfer are in transit but have not yet been credited to the Pay To Account.
- "Instructions" means the information provided by you or the sender in order for the funds to be delivered to the Pay To Account.
- "Out-of-Network Bank" means any financial institution that does not participate in the clearXchange or Zelle digital payments network.
- "Out-of-Network Bank Account" means a deposit account held by an Out-of-Network Bank and registered for clearXchange's or Zelle's out-of-network person-to-person payment service.
- "Network Bank" means a financial institution participating from time to time in the clearXchange or Zelle digital payments network, other than Chase.
- "Network Bank Account" means an account registered with the person-to-person transfer service of a Network Bank.
- "Pay From Account" means the account from which funds will be transferred.
- "Pay To Account" means the account to which funds will be transferred.
- "Pending" means any Instruction that has not been Cancelled before the Cutoff Time on the Send On date and has not been Funded.
- "Repeating" means automatic recurring payment or transfer to the same Pay To Account, for the same amount which you can authorize for transmission;
- "Send On date" means the date you select which will instruct us to begin the delivery process and notify the recipient of the payment. NOTE: The date that we will deliver the funds to recipient may vary depending on available funds, the Business Day on which it falls, acceptance of the transfer or the recipient's registration status in the Service or the person-to-person transfer service of a Network Bank, Zelle or cXc and may be on or after the date entered in the sender's Instructions.
- "transfer" means any Instruction to move funds electronically from one account to another, and/or Instructions that have been processed through the Service, as the context requires.
- "User" has the meaning set forth in Section 1.
- "Zelle"refers to a service of Early Warning Services, a digital payments network and company. It provides no deposit account or other financial services. Zelle neither transfers nor moves money. Users may not establish a financial account with Zelle of any kind. All money will be transmitted by us and/or a Network Bank.
- "Zelle platforms" means the website, zellepay.com, and/or the Zelle mobile application operated and made available by Zelle to certain Users as determined by Zelle from time to time, including those who bank with an Out-of-Network Bank.
6. Disclosure of Account Information to Third Parties
- as necessary to complete transactions;
- as necessary in connection with offering the Service;
- in connection with the investigation of any claim related to your account or the funds you send or receive;
- to comply with government agency or court orders;
- in accordance with your written permission; and
- as otherwise permitted by the terms of our privacy notice.
7. Mobile & Text Services; Consent to Emails and Automated Text Messages
- Mobile Services
- Your use of the Service may include access to some products and services through a mobile device, web-browser or a mobile app ("Mobile Services"). By using the Mobile Services, you agree to the following terms. You agree that we may send you information relative to Mobile Services through your communication service provider in order to deliver them to you and that your communication service provider is acting as your agent in this capacity. You agree to provide a valid phone number, e-mail address or other delivery location so that we may send you certain information about your applicable account or otherwise related to the Mobile Services. You will immediately notify us if any phone number you have registered is (i) surrendered by you, or (ii) changed by you.
- Additionally, you agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys' fees) arising from your provision, whether directly or indirectly (such as through our use, to the extent agreed to by you from time to time, of any tool or technology) of a phone number, e-mail address, information and photographs associated with recipients contained in your mobile device Contacts, or other delivery location that is not your own, or your violation of applicable federal, state or local law, regulation or ordinance. Your obligation under this paragraph shall survive termination of the Agreement.
- You understand and agree that these services may not be encrypted and may include personal or confidential information about you such as your account activity or status. Delivery and receipt of information, including instructions for payment, transfer and other move money transactions, through the Mobile Services may be delayed or impacted by factor(s) pertaining to your Internet service provider(s), phone carriers, other parties, or because of other reasons outside of our control. We will not be liable for losses or damages arising from any disclosure of account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, information and instructions sent through the Mobile Services. Additionally, not all of the products, services or functionality described on the Site(s) and the Agreement are available when you use the Mobile Services. Therefore, you may not be eligible to use all the products, services or functionality described when you access or try to access them using a mobile device. We reserve the right to determine your eligibility for any product, service, or functionality. Information available via the Mobile Services, including balance, transfer and payment information, may differ from the information that is available directly through the Chase online services and Site(s) without the use of a mobile device. Information available directly through the Chase online services and Site(s) without the use of a mobile device may not be available via the Mobile Services, may be described using different terminology (including capitalized terms used in the Agreement or on our Site(s), or may be more current than the information available via the Mobile Services, including but not limited to account balance information. The method of entering instructions via the Mobile Services may also differ from the method of entering instructions directly through the Service without the use of a mobile device. Processing of payment and transfer instructions may take longer through the Mobile Services. We are not responsible for such differences, whether or not attributable to your use of the Mobile Services. Additionally, you agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon. You are responsible for any and all charges, including, but not limited to, fees associated with text messaging, data, or other message services imposed by your communications service provider, including, without limitation, for short message service. We are not responsible for any damages resulting from your failure to comply with any terms and conditions provided by your communication service provider or any app store.
- We, or our licensors, own all right, title and interest, including, without limitation, all intellectual property rights (including all names, trade names, trademarks, service marks, slogans, logos or other indicia) in and to the Service (including the products and services accessed through the Mobile Services). No license or other right in or to such products and services is granted to you except for the rights specifically set forth in this Agreement.
- Text Services
- Your enrollment in the Service includes access to mobile text messaging related services (collectively, "Text Services"). By receiving or otherwise using these services, you agree to the following terms for these services. You agree that we may send messages through your communication service provider in order to deliver them to you and that your communication services provider is acting as your agent in this capacity. We may use a telephone number, e-mail address or other delivery location we have in our records for you or other such contact information as you may provide to us for these services so that we may send you certain information about your applicable account. You will immediately notify us if any phone number you have registered is (i) surrendered by you, or (ii) changed by you.
- 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. Additionally, you agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys' fees) arising from your provision of a phone number, e-mail address, or other delivery location that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligation under this paragraph shall survive termination of the Agreement.
- You understand and agree these services may not be encrypted and may include personal or confidential information about you such as your account activity or the status of your account. Messages may be delayed or impacted by factor(s) pertaining to your phone carriers or other parties. We will not be liable for losses or damages arising from any disclosure of account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, the messages sent through the Text Services.
- There is no service fee for the Text Services but you are responsible for any and all charges, including, but not limited to, fees associated with text messaging imposed by your communications service provider. Message and data rates may apply. Such charges include those from your communications service provider. Message frequency depends on user preferences. To cancel the Text Services, send STOP to 24273 at any time (J.P. Morgan Online clients only, send STOP to 576746). You expressly consent to receipt of a text message to confirm your "STOP" request. For help or information on the Text Services, send HELP to 24273. For additional assistance with the Text Services, contact customer service at 1-877-242-7372 (J.P. Morgan Online clients only call 1-866-265-1727).
8. Cancellation of Your Service
9. Cutoff Times
Between a Chase Account and an Out-of-Network Bank Account or a Network Bank Account: the Cutoff Time for acceptance of the transfers is 8:00 PM Eastern Time on any Business Day.
All Cutoff Times referenced in this Agreement reflect the times displayed on our internal system clocks and may not necessarily be synchronized with the internal clock displayed on your computer or mobile device. For this reason, we suggest that you transmit any Instructions to us sufficiently in advance of such Cutoff Times to eliminate the possibility of missing the cutoff. Instructions entered after the Cutoff Time with a Send On date that is the Current Day or next Business Day may start to process immediately and may be Funded prior to the Send On date.
10. Receiving Money
- You authorize us to accept, on your behalf, all payments sent to you through the Service. Once a sender initiates a transfer of money to your email address or mobile phone number registered with the Service, you have no ability to stop or cancel the transfer. By using the Service, you agree and authorize us to initiate credit entries to the primary or default account you have registered for the Service. For avoidance of doubt, payments sent to you will be Cancelled if you have not designated any Chase Account as the primary or default account for the Service.
- 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
- Notwithstanding anything set forth in this Agreement, processing times vary depending on registration and information provided by the sender and recipient. We will automatically begin the delivery process and send notice of a transfer to the recipient on the Send On date. We will continue our attempts by sending a second notice of a transfer to the recipient, and providing the recipient a period of nine (9) succeeding Business Days to register in the Service, or the person-to-person payment service of clearXchange, Zelle or a Network Bank. At the end of this period, if the recipient still has not registered, the transfer request will be Cancelled. The sender may cancel the transfer at any time during this ten (10) day period if the recipient is not registered at the time of cancellation. During this period, a hold may be placed on the sender's account for the amount of the transfer. Once the recipient has successfully enrolled, transfers will automatically be debited from the sender's account and deposited in the recipient's account.
- The recipient may not initiate a transfer of funds from a third party's Pay From Account to the recipient's Pay To Account. You may however send an e-mail via the Service to request money from a third party if you have a valid e-mail address for such third party.
- As a recipient or sender of any transfer using the Service, you acknowledge and agree that, we may delay, block or cancel a payment, charge back and/or put a hold on the amount of such payment to the Pay From Account or other account as we determine in our discretion or claim a refund from you for such amount for various reasons including fraud, duplicate payment, incorrect amount or incorrect recipient or otherwise to meet our regulatory obligations. The hold on the amount of such payment may be up to ten (10) days. For example, we may need additional time to verify your identity or the identity of the person sending the money, or the payment may be delayed due to technical difficulties or circumstances beyond our control. If we delay or block a payment that you have initiated, we will notify you. Neither we nor Zelle shall have liability to you for any such 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.
11. Requesting Money
- You may also send a text message via the Service to request money from a recipient holding an Out-of-Network Bank Account or an account at a Network Bank, if you have a valid mobile phone number for such recipient and the Network Bank or Zelle sends text messages at that mobile phone number to the recipient. If a request for transfer is subsequently cancelled by the requestor, and the sender has initiated a transfer tied to that request, the transfer will be Cancelled unless it is a Current Day transfer, the transfer is already accepted, or it is after the Cutoff Time on the Send On date.
- You may request money from an individual or a group of individuals (up to a maximum number as determined by us from time to time) registered with clearXchange, Zelle or a Network Bank. You understand and acknowledge that individuals to whom you send payment requests may reject or ignore your request. We do not guarantee that you will receive money from other individuals by sending a payment request. If an individual ignores your request, we may decide, in our sole discretion, that we will not send a reminder or repeat request to that individual. We have the right to expire all pending payment requests sent by you after a period of time determined by us from time to time, which is currently set at 14 days from the Send On date.
- By accepting this Agreement, you agree that you will not 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.
- By using the Service, you agree to receive money requests from others, 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. We do not 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.
12. Sending Money
You acknowledge and agree that payment transfers will be completed using only the email address or mobile phone number you enter even if it identifies a person different from your intended recipient. The name you enter will help you identify your intended recipient in the drop down menu and your transaction history but will not be used to process payments. Please make sure you accurately enter the recipient's email address or mobile phone number since your obligation to pay for the transfer will not be excused by an error in the information you enter.
- Sending Money Between Chase Accounts
To use the Service to send money between two Chase Accounts, the sender and the recipient must each maintain a Chase Account. You may transfer funds - up to your available balance plus any amount in your overdraft protection account, if applicable.
Transfers between Chase Accounts: If you use the Service to send money, you authorize us to withdraw funds from your designated Pay From Account for all transfers of funds that you initiate through the Service and you also agree to have sufficient funds in your Pay From Account on the Send On date for each such transfer you schedule until the transfer is Completed or Cancelled, subject to Section 10(e). We will not be obligated to make any transfer you may request unless there are sufficient available funds in the Pay From Account to cover the transfer. Transfers from Chase Accounts will be Funded from your Pay From Account on the date of acceptance.
For transfers between Chase Accounts, funds should typically be available within minutes, but no later than the next Business Day if the transfer is sent before the Cutoff Time. If the transfer is sent after the Cutoff Time, the funds will typically be available immediately for cash withdrawal at ATMs and for online transactions, but not available to pay other payments that were presented on the same calendar day.
Current Day transfers between Chase Accounts: Any transfer Instruction for a requested Current Day transfer received by us after the Cutoff Time or on non-Business Days will not be a Current Day transfer and will be processed the following Business Day. If there are insufficient available funds to cover a Current Day transfer, the transfer request will fail and we will not make repeat attempts to debit the applicable account.
Repeating and Future Dated transfers between Chase Accounts: In the case of Repeating and Future Dated transfers, if sufficient funds are not in the Pay From Account on the Send On date, the transfer will fail and we will not make repeat attempts to debit the applicable account.
- Sending Money Between Chase Accounts and Out-of-Network Bank Accounts
To use the Service to send and receive money between a Chase Account and an Out-of-Network Bank Account, the parties must use at least one eligible Chase Account with us and at least one Out-of-Network Bank Account. To send money from a Chase Account, you may transfer funds - up to your available balance plus any amount in your overdraft protection account, if applicable.
Transfers between a Chase Account and an Out-of-Network Bank Account: You authorize us to charge your designated Pay From Account with us for all transfers of funds that you initiate through the Service and you also agree to have sufficient funds in your Pay From Account on the Send On date to cover each such transfer you schedule and any fees that might be associated with such transfer until the transfer is Completed or Cancelled, subject to Section 10(e). We will not be obligated to make any transfer you may request unless there are sufficient available funds (including any available overdraft protection account you may have) in your Pay From Account to cover the transfer on the Send On date until the transfer is Completed or Cancelled. If there are insufficient available funds to cover a transfer on the date of acceptance, the transfer will fail and we will not make repeat attempts to debit the applicable account.
Instructions for transfers to an Out-of-Network Bank Account will be deducted from the Pay From Account held by us following acceptance. Transfers from Out-of-Network Bank Accounts are subject to the processing times of the Out-of-Network Bank Account. Instructions for transfers from the Out-of-Network Bank Accounts that we receive by the Cutoff Time on a Business Day will be sent to the Out-of-Network Bank Account on the same day for processing.
- i. Transfers to an Out-of-Network User through clearXchange.com:
For transfers from a Chase Account to an Out-of-Network Bank Account through use of the clearXChange.com, the transfer should typically be completed one to two Business Days after the Business Day following acceptance, subject to the processing times of the Out-of-Network Bank Bank.
- ii. Transfers from an Out-of-Network User through clearXchange.com:
For transfers from an Out-of-Network Bank Account to a Chase Account through use of clearXChange.com, the transfer should typically be completed four to five Business Days after the Business Day following acceptance, subject to the processing times of the Out-of-Network Bank.
- iii. Transfers to or from the Zelle platforms:
For transfers between a Chase Account and a Out-of-Network Bank Account or a Network Bank Account through use of the Zelle platform(s), the transfer should typically be completed within minutes, subject to the processing times of the financial institution holding the other account.
- i. Transfers to an Out-of-Network User through clearXchange.com:
- Sending Money Between Chase Accounts and Network Bank Accounts
To use the Service to send and receive money between a Chase Account and a Network Bank Account, the parties must use at least one eligible Chase Account with us and at least one Network Bank Account. The holder of an account with a Network Bank may register with the person-to-person transfer service of the Network Bank holding their account and will not be required to register through the Service. To send money from a Chase Account, you may transfer funds up to (A) your available balance plus any amount in your overdraft protection account, if applicable.
Transfers from a Chase Account to a Network Bank Account: You authorize us to charge your designated Pay From Account with us for all transfers of funds that you initiate through the Service, and you also agree to have sufficient funds in your Pay From Account on the Send On date to cover each such transfer you schedule and any fees that might be associated with such transfer until the transfer is Completed or Cancelled, subject to Section 10(e). We will not be obligated to make any transfer you may request unless there are sufficient available funds (including any available overdraft protection account you may have) in your Pay From Account to cover the transfer on the Send On date until the transfer is Completed or Cancelled.
If there are insufficient available funds to cover a transfer to a Network Bank Account on the date of acceptance, the transfer request will fail and we will not make repeat attempts to debit the applicable account.
Instructions for transfers to a Network Bank Account will be deducted from the Pay From Account held by us once the recipient or the Network Bank accepts. Funds will typically be available in the Network Bank Account when Chase sends a guarantee of payment or a similar notice to the Network Bank, and depending on the Network Bank and whether there are sufficient funds in your Chase Account, that may be within minutes or within two Business Days following acceptance. Once your transfer has been submitted and confirmed, we will provide you information on when the funds for each transfer will become available.
Transfers from a Network Bank Account to a Chase Account: Transfers from Network Bank Accounts to Chase Accounts are subject to the terms of the person-to-person transfer service of the Network Bank and may be delayed or canceled as the Network Bank may determine in its sole discretion.
Funds will be typically available when Chase receives a guarantee of payment or a similar notice from the Network Bank sending the transfer, and depending on the Network Bank, that may be within minutes or within three Business Days following acceptance, subject to the processing times of the Network Bank. After acceptance, we will provide you information on you when the funds for each transfer will become available.
If the transfer is accepted after the Cutoff Time, the funds will typically be available immediately for cash withdrawal at ATMs and for online transactions, but not available to pay other payments that were presented on the same calendar day.
13. Transfer Limits
If you are a Chase Private Client or Private Banking client, transfers may be made in amounts of up to $5,000 per transaction with a maximum of $5,000 per day, and $40,000 in any calendar month, in the aggregate from all your combined accounts registered with J.P. Morgan QuickPay.
Transfers from business Chase Accounts may be made in amounts of up to $5,000 per transaction with a maximum of $5,000 per day, and $40,000 in any calendar month, in the aggregate from all your combined accounts registered with the Service.
Transfer limits, if any, applicable to holder of Network Bank Accounts or Out-of-Network Bank Accounts for transfers to Chase Accounts or in receiving transfers to their Network Bank Accounts or Out-of-Network Bank Accounts are governed by the terms of the person-to-person transfer service of clearXchange, Zelle or the applicable Network Bank.
All transfer limits are subject to temporary reductions to protect the security of customer accounts and/or the transfer system.
At our discretion we may refuse to process any transaction that exceeds any of the above limits. In this case, you are responsible for making alternate arrangements or rescheduling the payment or transfer.
14. Repeating Transfers
If you desire to cancel a Repeating transfer, you may cancel your transaction online. If for any reason you cannot access the Online Service, you may also call or write online customer service at the phone number or address set forth in the paragraph entitled "Your Liability for Unauthorized Transfers.
15. Terms applicable to your use of Zelle platforms
- Electronic Communications/Zelle Terms. By using the Zelle platforms, you agree to abide by the terms and conditions stated in this Section, and you will be required to agree to Zelle's terms and conditions.
- Cancellation. All parties have the right to cancel use and access to the Zelle platforms at any time. Specifically, we and Zelle reserve the right to terminate your use or access to one or more Zelle platforms at any time and without notice.
- Acknowledgements and Agreements. You understand and agree that the Zelle platforms are provided for your convenience, and that Chase is not obligated to provide you with such access or use. Chase hereby disclaims any and all liabilities, representations and warranties with respect to the Zelle platforms. You also understand and agree that the Zelle platforms and any content and materials contained therein may only be available in English, and not in a foreign language, including Spanish, regardless of whether you currently access the Service or your accounts on Chase digital platforms in a foreign language. You agree that Chase is not responsible for delivering any content or materials to you in a foreign language through the Zelle platforms, and any questions regarding this issue should be directed to Zelle.
16. Chase QuickPay Fees
The following additional terms apply whenever you use the Service to send transfers from a consumer deposit account or Chase Liquid Card registered via the Service. A consumer account is one that is used primarily for personal, family or household purposes; all other accounts are business accounts. If you perform transactions from business accounts registered through the Service, please refer to the paragraphs beginning with "ADDITIONAL TERMS APPLICABLE ONLY TO TRANSFER SERVICES FOR BUSINESS ACCOUNTS" for additional terms applicable to business transactions. Network Bank Accounts are subject to the terms of the agreement of the Network Bank.
17. Your Liability for Unauthorized Transfers
For Consumer Deposit Accounts and Chase Liquid Cards Only: Tell us AT ONCE if you believe your Password has been lost or stolen or that an unauthorized online transfer has been made from any of your deposit accounts or Chase Liquid Cards. Telephoning us is the best and fastest way of keeping your possible losses to a minimum. If you do not do so, you could lose all the money in each of the accounts, as well as all of the available funds in any overdraft protection account or any other credit line included among your accounts. If you tell us within two (2) Business Days after you discover the loss or theft, you are completely covered if someone makes a transfer without your authorization.
If you do not tell us within two (2) Business Days after you discover the loss or theft of your Password or that an unauthorized online transfer has been made from any of your deposit accounts or Chase Liquid Cards, and we can prove we could have stopped someone from making a transfer without your authorization if you had told us, you could lose as much as $500. Furthermore, if any account statement shows online transfers that you did not make, tell us AT ONCE. If you do not tell us within sixty (60) days for a transfer from a Chase Account after a Chase statement showing such a transfer was transmitted, 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.
18. Our Liability for Failure to Complete Transfers: For Consumer Deposit Accounts and Chase Liquid Cards Only
(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 God, 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) for your Pay To and Pay From Accounts registered with Chase QuickPay, the email address or mobile phone number of the recipient for transfers you send and transfer amount for a transfer.
(E) If the intended recipient of a transfer is not registered with the Service or the person-to-person transfer service of clearXchange, Zelle or a Network Bank.
The list of examples set out in this paragraph 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.
19. Errors and Questions about Service: For Transfers From Consumer Deposit Accounts and Chase Liquid Cards Only
If you think your statement is wrong, or if you need more information about a transaction listed on it, call or write us at the telephone number or address at the end of this Agreement.
We must hear from you NO LATER than 60 days after we sent you the FIRST statement on which the error appeared. Please provide us with the following:
- Your name and account number;
- A description of the error or the transaction you are unsure about, and why you think it is an error or want more information; and
- The amount of the suspected error.
If you call us, we may require that you send us your complaint or question in writing within 10 business days. If we do not receive it within 10 business days, we may not credit your balance.
We will tell you the results within three 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.
20. The Chase QuickPay Guarantee – for Consumer Deposit Accounts and Chase Liquid Cards Only
21. ADDITIONAL TERMS APPLICABLE ONLY TO THE Service FOR BUSINESS ACCOUNTSChase QuickPay Liability for Unauthorized Transfers for Chase Business Deposit Accounts Only
We shall have no liability to you for any errors or losses you sustain in using the Service except where we fail to exercise ordinary care in processing any transaction. We shall also not be liable for any failure to provide any service if the account(s) involved is no longer linked for the Service. Our liability in any case shall be limited to the amount of any funds improperly transferred from your Pay From Account less any amount, which, even with the exercise of ordinary care, would have been lost.
Without regard to care or lack of care of either you or us, a failure to report to us any unauthorized transfer or error from any of your Chase Accounts within thirty (30) days of our providing or making available to you a bank statement showing such unauthorized transfer or error shall relieve us of any liability for any losses sustained after the expiration of such thirty-day period and you shall thereafter be precluded from asserting any such claim or error.
Errors and Questions about Services for Chase Business Deposit Accounts Only
22. ADDITIONAL TERMS APPLICABLE TO ALL USERS OF THE SERVICE
Computer Equipment; Browser Access and Internet Services
You agree that by using the Service, all notices or other communications which we may be required to give you arising from our obligations under this Agreement or the Service may be sent to you by any or all of the following sources, at our option:
- Through electronic notice given to any electronic mailbox we have for you,
- Any other electronic mail address or telephone number you provide to us,
- The current address we have on file for you, or
- In any other manner permitted by law including, but not limited to, posting it on our website.
Limitation of Liability; No Warranties
YOU AGREE THAT YOU, NOT WE OR ZELLE, ARE RESPONSIBLE FOR RESOLVING ANY PAYMENT OR OTHER DISPUTES THAT YOU HAVE WITH ANY OTHER USER WITH WHOM YOU SEND MONEY TO, OR RECEIVE OR REQUEST MONEY FROM, USING THE SERVICE.
EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE, ZELLE, NETWORK BANKS AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO THE SYSTEM, EQUIPMENT, BROWSER AND/OR THE INSTALLATION OR MAINTENENACE THEREOF, ACCESS TO OR USE OF THE SERVICE, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, THE INTERNET, THE SYSTEM, OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE, SOFTWARE, THE INTERNET, OR THE SYSTEM, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE SITE OR IN ANY APPLICABLE AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS.
This binding arbitration provision applies to any and all Claims that you have against us, our parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, and against all of their respective employees, agents, or assigns, or that we have against you; it also includes any and all Claims regarding the applicability of this arbitration clause or the validity of the Agreement, in whole or in part. It is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. sections 1-16, as it may be amended.
The party filing a Claim(s) in arbitration must file its Claim(s) before the American Arbitration Association under the rules of such arbitration administrator in effect at the time the Claim(s) was filed. Rules and forms may be obtained from, and Claims made may be filed with JAMS (800.352.5267 or jamsadr.com) or the American Arbitration Association (800-778-7879 or www.adr.org). Arbitration hearings shall be held at a place within the federal judicial district that includes your address at the time the Claim(s) is filed, or at some other place to which you and we agree in writing. Judgment upon any arbitration award may be entered in any court having jurisdiction.
This Arbitration Agreement shall survive: (i) termination or changes in the Agreement, and the relationship between you and us concerning the Agreement; and (ii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf. If any portion of this Arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.
When you give us your mobile phone number, we have your permission to contact you at that number about all your Chase or J.P. Morgan accounts. Your consent allows us to use text messaging, artificial or prerecorded voice messages and automatic dialing technology for informational and account service calls, but not for telemarketing or sales calls. It may include contact from companies working on our behalf to service your accounts. Message and data rates may apply. You may contact us anytime to change these preferences.
Special Provisions for Business Customers
Choice of Law/Successors; Waiver; Severability
We will not be deemed to have waived any of our rights or remedies under this Agreement 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 this Agreement conflicts with the law under which this Agreement is to be construed or if any provision of this Agreement 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 this Agreement 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.