Important information regarding the use of our website

To access the terms and conditions for the use of material found on our website, please read the following documents:

ONLINE BANKING TERMS & CONDITIONS | WEBSITE TERMS OF USE | MOBILE BANKING AGREEMENT | MOBILE DEPOSIT TERMS & CONDITIONS | ESTATEMENTS TERMS & CONDITIONS | DIGITAL WALLET TERMS & CONDITIONS | ZELLE PAYMENT SERVICE TERMS | CORPORATE O2 TERMS

Zelle® Payment Service Terms

1.     Definitions.

  1. “ACH Network” means the funds transfer system, governed by the NACHA Rules that provide funds transfer services to participating financial
  2. “Business Day” is Monday through Friday, except federal
  3. “Eligible Transaction Account” is a consumer checking account from which your payments will be debited or to which payments and credits to you will be credited, that is eligible for the
  4. “Old Second,” “O2”, “we,” “us,” or “our” refers to Old Second National Bank and its affiliates and Service
  5. “Network Financial Institution(s)” means financial institutions that have partnered with Zelle®.
  6. “Payment Request” is when a User asks a Network Financial Institution to make a payment on his or her behalf under the
  7. “Payment Network” means a debit or credit payment network (such as the ACH Network, Visa®, or NOW payment network) through which funds may be
  8. “Sender” is a person or Zelle®-approved business entity that sends a Payment Request through the Zelle® Payment
  9. “Service” or “Zelle®” means the Zelle® Payment Service that is described in the rest of this Zelle® and the Zelle® related marks are wholly owned by Early Warning Services, LLC and are used herein under license.
  10. “Service Provider” means companies that we have engaged (and their affiliates and subcontractors) to render some or all of the Service to you on our
  11. “Site” means Old Second’s website, www.oldsecond.com, https://digital.oldsecond.com/login or Old Second’s mobile
  12. “User” means you and others who are enrolled directly with Zelle® or enrolled with a Network Financial Institution.
  13. “You,” “your,” “I,” or “yourself” refers to an Old Second customer using the It does not include an authorized user.

2.     Introduction.

This Zelle® Payment Service Terms document (hereinafter “Agreement”) is a contract between you and Old Second in connection with the Service offered through the Site. This Agreement includes the terms of the any and all Account Disclosures (Deposit Agreement, Truth in Savings Disclosure and Regulation E disclosure); Online Banking Terms and Conditions (Online Banking Terms Conditions - Old Second),  Bill Pay Terms and Conditions (part of Online Banking Agreement); and Debit Card Disclosure that apply to your use of the Service and the portion of the Site through which the Service is offered. Please access and review this Agreement regularly and if you find any of the terms herein unacceptable at any time, you should promptly cancel your enrollment in the Service, as described herein, and cease using it.  Your continued use of the Service after any modification, amendment or change to the terms herein constitutes your agreement and acceptance of the same.

3.     Service Providers.

We are offering you the Service through one or more Service Providers that we have engaged to render some or all of the Service to you on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Service to you, we are the sole party liable to you for any payments or transfers conducted using the Service, and we are solely responsible to you and any third party to the extent any liability attaches in connection with the Service. You agree that we have the right to delegate to Service Providers all the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third-party beneficiaries and entitled to all the rights and protections that this Agreement provides to us.

4.     Description of Service.

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.”  Zelle® provides no deposit account or other financial services, meaning you cannot establish a bank account with Zelle®. Zelle® facilitates the transfer of money by Users’ Network Financial Institutions; it does not transfer or move money. The Zelle® Payment Service enables you: (1) to initiate a payment to a recipient from an Eligible Transaction Account to a person with an account at a U.S. financial institution (“Eligible Person”); and/or (2) to receive a payment from another User into an Eligible Transaction Account, in U.S. dollars. All payments are subject to the rules and regulations governing your Eligible Transaction Account and online and mobile usage. Payments sent outside of the United States are not permitted.

Zelle® should only be used to transact with people you know and trust. Do not use Zelle® to send or receive payments from people you don’t know and trust.

In some instances, Zelle® payments may be made through other locations besides our Site, such as the Zelle® Pay website at www.zellepay.com or the Zelle® mobile application, and those payments shall be subject to the terms of other agreements. Subject to the terms of this Agreement, the Zelle® Payment Services are generally available 24 hours, seven days a week, with the exception of outages for maintenance and circumstances beyond our or Zelle®’s control.

The “Send Now” feature within the Zelle® Payment Service, (“Send Money With Zelle® Payments”), allows for the delivery of payments to Users through a Payment Network designed to deliver payments typically within minutes, although actual speed will vary. Send Money With Zelle® Payments are not instantaneous, and your payment delivery speed is dependent upon several factors, including the funds availability policy of each financial institution. Zelle® Payments that are not sent using the Send Money With Zelle® typically will be sent within 3 days or less or on a future date if designated by you on the Service.

5.   Registering for Zelle®.

You must register to use the Send Money With Zelle® service through the Site. In order to register for this Service, you must be enrolled in O2 Digital banking or the mobile app, have registered your email address and a mobile phone number that you intend to use for an extended period of time (e.g., no disposable email address or “burner” phone numbers) on our Site. You may not register with a landline phone number, toll-free number, Google Voice number or a Voice Over Internet Protocol (VOIP) number.  When you register to use the Zelle® Payment Service, or when you permit others 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. You acknowledge and agree you will not use the Zelle® Payment Service to send or receive payments on behalf of a third party.   You represent that you are at least 18 years of age and you have the authority to authorize debits and credits to your Eligible Transaction Account.  You represent and warrant you are neither a business engaged in high interest rate short-term lending nor a person appearing on the Specially Designated Nationals List.   The Zelle® Payment Service is intended for personal, not business or commercial use. You agree you will not use the Zelle® Payment 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 Zelle® Payment 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 Zelle® Payment Service if we believe that you are using the Zelle® Payment Service for business or commercial purposes, or for any unlawful purpose. Your registration may not be completed if we cannot verify your identity or other necessary information. 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.

Once registered, you authorize us to debit your account to send money to another Eligible Person either at your initiation or at the request of a User; and to credit your account when you 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 Payments.” We do not guarantee the identity of any Users of the Service, including recipients to whom you send payments or those sending money to you.  If at any time while registered, you do not use 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, then you understand and agree that we may deactivate the Service and any email or U.S. mobile number you have associated with the Service and you will not be able to send or receive money with the Service until you enroll again.

Once registered, 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®.

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.

If you register 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.

6.     Sending Payments; Debits by Network Financial Institutions.

Zelle® is designed for you to send money to a person, not a business, either at your initiation or in response to another User’s request for money.  You understand that use of this Zelle® Payment Service by you shall at all times be subject to (i) this Agreement and (ii) your express authorization at the time of the transaction for us to initiate a debit entry to your Eligible Transaction Account. You may request to send payments using our Site as one-time Payment Requests to a recipient for which you request immediate processing (“Send Money With Zelle®”)

Payment Requests are processed within Send Money With Zelle®. You can provide the recipient’s email address and/ or mobile telephone number, and the Zelle® Payment Service may contact the recipient to obtain (i) information so that the identity of the recipient may be validated with the Zelle® Payment Services and (ii) bank account information in order to complete the Payment Request. 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 Zelle® Payment Service to send money only to people you know and trust. If the recipient maintains a bank account with an institution that participates in or offers the Zelle® Payment Service, the recipient may access the Zelle® Payment Service at his or her financial institution’s website or mobile application to complete the Payment Request and receive the payment.

By providing us with names, mobile phone numbers, and email addresses, information of recipients to whom you wish to send a payment, you authorize us to initiate a payment through the Zelle® Payment Service. When we initiate a payment on your behalf, you authorize us to debit your Eligible Transaction Account for the amount of any such payment and to send funds to the User’s financial institution.

You acknowledge and agree that if your Payment Request identifies a recipient by name and account number, the relevant financial institution may execute that Payment Request by reference to the account number only, even if such account number does not correspond to the account holder’s name. You further acknowledge and agree that Network Financial Institutions holding the account may choose to not investigate discrepancies between account names and account numbers. We and the Network Financial Institutions have no responsibility to investigate discrepancies between account names and account numbers, outside of our obligations under the law to investigate errors. It is the responsibility of Users to ensure the accuracy of any information they enter into the Zelle® Payment Service (including, but not limited to, the Payment Requests and name, mobile phone number, and/or email address for the recipient to whom you are attempting to send a payment), and for informing us as soon as possible if they become aware that this information is inaccurate. We will make a reasonable effort to recover a payment made to the wrong person or entity once informed, but we do not guarantee such stoppage or recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by the User.

When you initiate a Payment Request to a non-User or a User whose financial institution receiving the funds requires a User to affirmatively accept each Payment Request, the recipient is not required to accept the payment. You agree that you will not hold us liable for any damages resulting from a recipient’s decision to accept or not to accept a Payment Request.

You acknowledge and agree that we will begin the funds transfer process once the recipient has provided (or we otherwise obtain) all required information, and you hereby authorize and direct us to retain such funds until the earlier of such time as the recipient has provided (or we otherwise obtain) all required information or up to fourteen (14) days.

We will use reasonable efforts to complete all your Payment Requests properly. However, we shall incur no liability if we are unable to complete any transaction because of the existence of any one or more of the following circumstances:

    1. If, through no fault of ours, you do not have sufficient funds in your Eligible Transaction Account;
    2. The Zelle® Payment Service is down or otherwise not working properly and you know or have been advised about the malfunction before you execute the Payment Request;
    3. The payment is refused as described below in Section 20 (Prohibited Payments);
    4. You have not provided us with the correct name, email address, or mobile phone number of the recipient to whom you are initiating a Payment Request;
    5. Circumstances beyond our control (such as, but not limited to, fire, flood, Payment Network, or other financial institution issues) prevent the proper execution of the Payment Request; and/or

    6. The funds in your account are subject to legal process or holds, such as garnishment or attachment.

      1. Send Money With Zelle®. You understand Send Money With Zelle® Payments are electronic funds transfers using your Eligible Transaction Account.  You also understand that when you send a Send Money With Zelle® Payment, you will generally have no ability to stop it (you may be able to stop the payment from being sent if the payment is put in a pending status for some reason, for example suspected fraudulent activity). You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Zelle® Payment Service with the email address or U.S. mobile number to which you initiated the payment. For Send Money With Zelle®, you can initiate a Payment Request using the recipient’s email address or mobile phone number, and Send Money With Zelle® will validate the Send Money With Zelle® eligibility of the recipient prior to transferring the funds. Not all financial institutions participate in the Zelle® Network and would not be able to participate in Send Money With Zelle®.

        In most cases, when you are sending money to another enrolled User using a Send Money With Zelle® Payment, the payment will arrive in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle®, and 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. Sending or receiving payments may fail during our nightly processing and will need to be re-entered once processing is complete.  If you are attempting to send money to someone who has not registered as a User with either Zelle® or a Network Financial Institution, the intended recipient will receive a text or email notification instructing them on how to enroll to receive the money and they will  have to register as a User. A Send Money With Zelle® transfer may take up to 3 Business Days from the day the intended recipient responds to the payment notification by registering as a User. If they fail to register with Zelle®, or otherwise ignore the payment notification, the transfer will 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 by email or SMS. Neither we nor Zelle® have control over the actions of other Users, other Network Financial Institutions, or other financial institutions that could delay or prevent your money from being delivered to the intended User. If your Payment Request is not eligible for Send Money With Zelle®, you will be notified by the Service.

      2. Balances. It is important to understand that your checking account has two kinds of balances: the Available Balance and the Current Balance.

        The Available Balance indicates the amount of funds available for withdrawal or use at that moment. The Available Balance includes pending transactions that have been authorized but may not yet have been processed (posted), such as Zelle® transactions and debit card Point of Sale (POS) transactions, online transfers, automated teller machine (ATM) transactions, or pending deposits, but does not include items such as scheduled Bill Pay transactions, deposits with holds on them, and checks that you have written but that have not yet cleared your account.

        The Current Balance is calculated after all transactions have posted to your account after the end of the Business Day (Central Time). We first process (post) all money coming in to your account (credits, deposits, etc.). See Funds Availability Policy and the Mobile Deposit Terms & Conditions (https://www.oldsecond.com/terms/mobile-deposit-terms-conditions).  After those are processed, we process (post) all money coming out of your account (debits, withdrawals, etc.) in a pre-determined order. The following frequently-used debit transactions are processed in groups in this order: (1) Branch withdrawals, ATM withdrawals, Debit card, Zelle®, or POS transactions that merchants have presented to us for payment, and Transfers from one Old Second account to another; (2) ACH and Checks. When more than one transaction from a group is processed on the same day, the items will be processed in the order of highest to lowest amount within that group of transactions.

        When using Zelle® to initiate a Payment Request, the transaction is authorized based on the Zelle® payment type requested and your Available Balance. Funds subject to a hold are not necessarily the same funds that are ultimately used to pay for a transaction. Ordinarily, we will not authorize Zelle® transactions unless you have sufficient funds available in your checking account.

        Please note, however, that even though a transaction has been authorized, it still might result in an overdraft if you initiate other transactions that overdraw your account. So, do not consider a transaction authorization as a guarantee there will be sufficient funds in your account to cover other transactions when they post.

        On the day a Zelle® transaction is processed/posts (which may not be the day it was initiated), if the transaction exceeds your Current Balance after all items have posted, your account will be overdrawn, and you will be responsible for the negative balance.  To avoid overdrafts, you should ensure that your Current Balance (which may differ from your Available Balance) has sufficient funds to cover transactions at the time those transactions post to your account.

7.     Receiving Payments; Money Transfers by Network Financial Institutions.

You also agree and authorize us to credit your Eligible Transaction Account for the receipt of payments, whether initiated by you or at the request of a User sending money to you, including, but not limited to, those payments returned to us from recipients to whom you attempted to send payment(s) when those payments are cancelled or are returned to you because the processing of the Payment Request could not be completed, whether you accept the payment or not. You authorize the Sender, the financial institution which holds the Sender’s bank account, and us (including through the Site) to send emails to you and text messages to your mobile phone in connection with the Sender’s initiation of Payment Requests to you. Once a User initiates a Send Money With Zelle® Payment to your email address, mobile phone number, or Zelle® tag registered with the Zelle® Payment Service, unless the payment is held, you have no ability to stop the transfer. You agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the Sender to send them to you or are otherwise not entitled to the payment.

You acknowledge and agree in the event funds are transferred into your Eligible Transaction Account as a result of a Payment Request and it is determined that such transfer was improper because it was not authorized by the Sender or a Prohibited Payment, then you hereby authorize us to debit your Eligible Transaction Account an amount equal to the amount of funds improperly transferred to you.

For Send Money With Zelle® Payments, you will generally receive money sent within minutes. There may be other circumstances when the payment may take longer for the reasons outlined in "Sending Payments." Additionally, 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 this Agreement and the procedures of the business or government agency that is sending you the payment.

Requesting Payments: You may request money from another User through the Zelle® Payment Service, and other Users can request money from you. You agree to receive Zelle® Payment Requests from other Users. You understand and acknowledge that Users who receive Payment Requests may reject or ignore these requests. Neither we nor Zelle® guarantee that you will receive money from other Users by sending a Payment Request through the Zelle® Payment Service, 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.  You acknowledge we may place limits on available funds in accordance with our fraud and risk policies or to comply with applicable law or regulatory order.

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. 

You agree that you will not use Zelle® to engage in the business of debt collection by attempting to use the Zelle® Payment Service to request money for the payment or collection of an overdue or delinquent debt, to collect money on behalf of others, or to collect funds that are owed pursuant to a court order. You agree to receive money requests from other Users and only send money requests for legitimate and lawful purposes. Zelle® Payment Requests 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 money requests in general, or to specific recipients, if we deem such money requests to be potentially unlawful, abusive, offensive, or unwelcome by the recipient.

8.     Transfer Limits.

Transfers from consumer Old Second Accounts may be made in amounts of up to $600.00 per transaction with a maximum of $900.00 per day; $1,800 within 7 days and $7,200 within 30 days. You are allowed to make 5 payments per day, 15 within 7 days and 30 within 30 days in the aggregate from all your combined accounts registered with the Service.  All transfer limits are subject to temporary reductions to protect the security of consumer 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.

9.        Payment Cancellation, Stop Payment Requests, and Unaccepted Payments.

You may request us to cancel your Payment Request or stop a payment in process in limited circumstances.

  1. Our ability to cancel or stop a payment or recover funds associated with an unauthorized payment will depend on the Zelle® payment type requested, and whether the payment to the Eligible Transaction Account has begun processing.

  2. Send Money With Zelle® payments generally may not be canceled or stopped.

  3. Although we will make a reasonable effort to accommodate a cancellation or stop payment request and to recover funds associated with such requests, we cannot guarantee the stoppage or recovery and will have no liability for failing to do so.

  4. We may require you to present your stop payment request or request to recover funds in writing within fourteen (14) days after contacting us.

  5. Payments not accepted by a recipient will be automatically cancelled within fourteen (14) calendar days after the processing of the payment begins.  We will make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment to your Eligible Transaction Account as permitted by law.

10.     Consent to Emails and Automated Text Messages.

By participating as a User, you represent you are the owner of the email address, U.S. mobile phone number, Zelle® tag, and/or other alias you registered, 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 this Agreement.  You consent to receiving electronic communications, including emails and text messages from us, from Zelle®, from other Users sending you money or requesting money from you, and from other Network Financial Institutions or their agents regarding the Zelle® Payment Services or related transfers between Network Financial Institutions and you.  You agree 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 register.  You further acknowledge and agree:

  1. 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 fees for short message service. Please check your mobile service agreement for details or applicable fees.
  2. You will immediately notify us if you change, lose or surrender any email address or mobile number you have registered or is used as a contact method for a Zelle® tag.
  3. In the case of any messages that you send through either the Site or Zelle® or that we may send or Zelle® may send on your behalf to an email address or mobile phone number, you represent 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 any emails or text messages that are sent through the Site or that Zelle® sends on your behalf may include your name
  4. Your wireless carrier is not liable for any delay or failure to delivery any messages 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.

11.     Service Fees and Additional Charges.

While fees will currently not be charged for the use of the Zelle® Payment Service, we reserve the right to charge a fee for the use of the Service and any additional services or features that may be introduced. However, financial fees associated with your Eligible Transaction Account, and not specifically tied to Zelle®, will continue to apply, for example NSF or overdraft charges and monthly service charges.  Your wireless carrier may charge you fees for service, text messaging and use of data.

12.     Right to Refuse to Send Payments.

We reserve the right to refuse to pay any recipient. We will attempt to notify the Sender promptly if we decide to refuse to pay a recipient designated by the Sender. This notification is not required if you attempt to make a prohibited payment under this Agreement.

13.     Consent to Share Personal Information (Including Account Information).

You consent to our disclosure of your personal information (including bank account information) to Zelle®, Service Providers, other Network Financial Institutions, and other third parties, including your wireless carrier, as necessary to complete payment transactions in accordance with our customary processes and procedures and the following:

  1. As necessary to resolve a problem related to a transfer or payment between you and another User;
  2. To comply with inquiries in connection with fraud prevention or any investigation, including, but not limited to, government, agency or court orders or investigations;
  3. For our general business purposes including, without limitation, data analysis and audits;
  4. To comply with regulatory requirements; or
  5. As otherwise permitted by the terms of our Privacy Policy.

You acknowledge Old Second does not have control over the privacy and security of the information you provide to third parties and any information you disclose is subject to that third party’s privacy policy and not Old Second’s Privacy Policy.

14.     Notices to Us Regarding the Service.

You may send notices to us about the Service from within O2 Digital Banking by selecting the Support option on our Contact Us page or by postal mail to: Old Second National Bank, Attn: Zelle®, 37 S. River St. Aurora, IL 60506. We may also be reached toll-free at 1-877-866-0202.

15.     Notices to You.

You agree that we may provide notices:

    • through the Service;
    • by sending you a message within the portion of the Site through which the Service is offered;
    • by emailing a notice to an email address that you have provided us;
    • by mailing it to any postal address that you have provided us; or
    • by sending it as a text message to any mobile phone number that you have provided us, including, but not limited to, the mobile phone number that you have listed in your Service setup or member profile.

For example, users of the Service may receive certain notices (such as notices of processed Payment Requests, alerts for validation, and notices of receipt of payments) as text messages on their mobile phones. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) Business Days after it is mailed.

16.     Receipts and Transaction History.

You may view your transaction history by logging into the Service. You agree you will not receive paper transaction receipts.

17.     New Features.

We may, from time to time introduce new features to the Service or modify or delete existing features in our sole discretion.  We shall notify you of any of these changes to features if we are legally required to do so.  By using any new or modified features when they become available, you agree to be bound by the rules and terms concerning these features.

18.     Your Privacy.

Protecting your privacy is very important to us. Our Privacy Policy was provided when you opened your account at Old Second National Bank.  Please review our Privacy Policy, available on www.oldsecond.com/main/privacy-policy/, which is incorporated into and made a part of this Agreement by this reference, in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

19.     Eligibility.

The Service is offered only to persons who can form legally binding contracts under applicable law. By using the Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.

20.     Prohibited Payments.

The following types of payments are prohibited through the Service, and we have the right but not the obligation to monitor for, block, cancel, and/or reverse such payments:

  1. Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); and

  2. Payments that violate any law, statute, ordinance, or regulation; and

  3. Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances,  or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated by law; (7) goods or services that encourage, promote, facilitate, or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, any form of intolerance, or a crime; (10) goods or services that defame, abuse, harass, or threaten others; (11) goods or services that include any language, materials or images that are bigoted, hateful, racially offensive, vulgar, obscene, pornographic, indecent, or discourteous; (12) goods or services that advertise, sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction; (14) financial or other elder abuse; and

  4. Payments related to gambling, loan sharks, gaming, and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery), and sweepstakes; and

  5. Payments relating to transactions that (1) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes, or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking, or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing, (5) are associated with the following “money service business” activities: the sale of traveler’s checks or money orders, equities, annuities, currency dealers or exchanges, or check cashing; (6) are associated with digital currencies, such as bitcoin; and  (7)   provide credit repair or debt settlement services;

  6. Tax payments, fines, court-ordered payments (such as child support and alimony), and any other payments to government entities; and

  7. Use of the Service in a manner for which it was not intended, or in a way that another User finds harassing or inappropriate.

In no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments.

21.     Acceptable Use.

Content Standards: You agree that you will not use the Zelle® Payment 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.

In addition, you agree that you will only use the Zelle® Payment Service for lawful purposes. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use, and for all communications you send through the Service. In addition, you are prohibited from using the Service for communications or activities that: (a) impose an unreasonable or disproportionately large load on our infrastructure; (b) facilitate any viruses, trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information; (c) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (d) constitute use of any device, software, or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere with the Site or Service; or (e) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors.

22.     Payment Methods and Amounts.

There are limits on the amount of money you can send or receive through our Service. Your limits may be adjusted from time to time at our sole discretion. We also reserve the right to select the method in which to remit funds on your behalf though the Service, and in the event that your Eligible Transaction Account is closed or otherwise unavailable to us the method to return funds to you. These payment methods may include, but may not be limited to, an electronic or paper check or draft payment.

23.     Cutoff Times.

For posting purposes, contingent on recipient registration, transfer payment instructions completed after 7:00 P.M. Central on any Business Day through O2 Digital Banking and/or Mobile Banking, will not be processed until the following Business Day.

All Cutoff Times referenced in the Agreement reflect the times displayed on the 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.

24.     Taxes. 

It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report, remit the correct tax to the appropriate tax authority.  We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction.

25.     Failed or Returned Payment Requests.

In using the Service, you are requesting that we or our Service Provider attempt to make payments for you from your Eligible Transaction Account.  If the Payment Request cannot be completed for any reasons associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, to cover the payment), the Payment Request will not be completed.

26.     Mobile Subscriber and Device Information.

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. You authorize your wireless carrier to use or disclose information about your account, such as subscriber status, payment method, and device details, if available, to us, Zelle® or its service provider to support identity verification, fraud avoidance, and other uses in support of transactions for the duration of your business relationship with us. This information may also be shared with other companies to support your transactions with us and for identity verification and fraud avoidance purposes. We may share certain personal information and device-identifying technical data about you and your devices with third-party service providers, who will compare and add device data and fraud data from and about you to a database of similar device and fraud information in order to provide fraud management and prevention services, which include, but are not limited to, identifying and blocking access to the Service or Site by devices associated with fraudulent or abusive activity. Such information may be used by us and our third-party service providers to provide similar fraud management and prevention services for services or websites not provided by us.

27.     Computer Equipment; Browser Access and Internet Services.

You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems”) necessary for you to access and use the Service.  This responsibility includes, without limitation, your utilizing up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software.  You are additionally responsible for obtaining Internet services via the Internet service provider of your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges.  You acknowledge that there are security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet and you hereby expressly assume such risks, including, but not limited to those we may disclose in our educational materials.  You acknowledge that you are responsible for the data security of the Systems used to access the Service, and for the transmission and receipt of information using such Systems.  You acknowledge that you are using the Service for your convenience, have made your own independent assessment of the adequacy of the Internet and Systems and that you are satisfied with that assessment.  We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your Systems nor are we responsible for notifying you of any upgrades, fixes, or enhancements to, or for providing technical or other support for your Systems.  Although we may provide a link to a third party site where you may download software, we make no endorsement or warranty of any specific software, hardware or Internet Service Provider and your use of any such software, hardware or service may also be subject to the license or other agreements of that provider, in addition to the terms and conditions of this Agreement. 

28.     Passwords.

We may at our option change the parameters for the password used to access and use the Service (“Password”) without prior notice to you, and if we do so, you will be required to change your password the next time you access the Service.  To prevent unauthorized access to your accounts and to prevent unauthorized use of the Service, you agree to protect and keep confidential your card number, account number, PIN, User ID, Password, or other means of accessing your accounts via the Service.  The loss, theft, or unauthorized use of your card numbers, account numbers, PINs, User IDs, and Passwords could cause you to lose some or all of the money in your accounts, plus any amount available under your overdraft protection credit line.  It could also permit unauthorized persons to gain access to your sensitive personal and account information and to use that information for fraudulent purposes, including identity theft.  If you disclose our card numbers, account numbers, PINs, User IDs, and/or Passwords to any person(s) or entity, you assume all risks and losses associated with such disclosure.  If you permit any other person(s) or entity to use the Service or to access or use your card numbers, account numbers, PINs, User IDs, Passwords, or other means to access your accounts, you are responsible for any transactions and activities performed from your accounts and for any use of your personal and account information by such person(s) or entity.  If you believe someone may attempt to use or has used the Service without your permission, or that any other unauthorized use or security breach has occurred, you agree to immediately notify us at 1-877-866-0202.

29.     Liability.

  1. Your Liability for Unauthorized Transfers.

    If you believe your Password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, notify us AT ONCE by calling 1-877-866-0202 or writing us at Old Second National Bank, Attn: EFT Errors or Questions, 37 S. River St. Aurora, IL 60506.

    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. 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 deposit accounts, as well as all of the available funds in any overdraft protection account or any other credit line included amount your accounts.  If you tell us within two (2) Business Days after your 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 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 $500.00.  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 after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove we could have stopped someone from taking the money had you told us in time.  If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may, in our sole discretion, extend this time period. 

    If you permit other persons to use the Service or your Password, you are responsible for any transactions they authorize from your accounts.

  2.  Our Liability for Failure to Complete Transfer.

     If we do not complete a transfer you send from your consumer deposit 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:

    i)      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.

    (ii)    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.

    (iii)   Circumstances beyond our control, such as fires, floods, acts of God, war, power outages, and the like.

    (iv)   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 Eligible Transaction Account(s), the email address or mobile phone number of the recipient for transfers you send and transfer amount for a transfer.

    (v)    If the intended recipient of the transfer is not registered with the Service.

    This list of examples is meant to be illustrative and does not include all circumstances under which we would not be liable.

  3. General

    Subject to our obligations under applicable laws and regulations, neither we nor Zelle® shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of ours 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 Zelle® Payment Service.

     THE ZELLE® PAYMENT 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.

    SUBJECT TO OUR OBLIGATIONS UNDER APPLICABLE LAWS AND REGULATIONS, 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 ZELLE® PAYMENT SERVICE. EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WE, ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS, OR NETWORK FINANCIAL 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 ZELLE® PAYMENT SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE ZELLE® PAYMENT SERVICES DESCRIBED OR PROVIDED, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY OTHER MATTER RELATING TO THE ZELLE® PAYMENT SERVICES DESCRIBED OR PROVIDED, EVEN IF WE OR ZELLE® HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE ZELLE® PAYMENT SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ZELLE® PAYMENT SERVICES.

30.     Errors.

In case of errors or questions about your electronic transactions, you should as soon as possible contact us as set forth above.  If you think the periodic statement for your account is wrong or if you need more information about a transfer on the statement, we must hear from you NO LATER than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. You must:

  1. Tell us your name and account number (if any);
  2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and
  3. Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send your complaint in writing with ten (10) Business Days after your oral notification.  Except as described below, we will determine whether an error occurred within ten (10) Business Days after you notify us of the error and will correct any error promptly.  We will tell you the results of our investigation within three (3) Business Days after we complete our investigation of the error, and will correct any error promptly.  However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation.  If we decided to do this, we will provisionally credit your Eligible Transaction Account within ten (10) Business Day for the amount you think is in error.  If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Eligible Transaction Account.  If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation.  We may revoke any provisional credit provided to you if we find an error did not occur. If you opened your account less than 30 days before the date of the suspected error, the 10 Business Day period is extended to 20 Business Days.  If you opened your account less than 30 days before the date of the suspected error or the transaction occurred at a point-of-sale location or outside the United States, the 45 day period is extended to 90 days.

31.     Cancellation of Service.

You may cancel the Service by calling us at 877-866-0202.  By canceling the Service, any pending payments will also be terminated; however, any transfer that is in process cannot be canceled by you.  When you cancel the Service, you will no longer be able to access or use the Service and you will not receive a refund of service fees, if any.  When you cancel the Service, it will not cancel your other online services or your account relationships, if any, with us.

32.     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 ZELLE® PAYMENT 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 ZELLE® PAYMENT SERVICE DESCRIBED OR PROVIDED. NEITHER WE NOR ZELLE® WARRANT THAT THE ZELLE® PAYMENT SERVICE WILL BE UNINTERRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE ZELLE® PAYMENT SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK FINANCIAL 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 (1) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (4) 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 ZELLE®’S SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE SERVICE.

IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF OURS, 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).

33.     Indemnification.

You acknowledge and agree that you are personally responsible for your conduct while using the Zelle® Payment 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 Zelle® Payment Service, or any violation by you of the terms of this Agreement. Without limitation as to the preceding, you also agree to indemnify, defend and hold harmless each of the preceding parties 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.

34.   Other Agreements.

In addition to this Agreement, you agree to be bound by and comply with such other written requirements as we may furnish to you in connection with either Service or products which may be accessed via the Service, including, but not limited to, any account agreements that apply to your Old Second accounts, and with all applicable State and Federal laws and regulations.  In the event of a conflict between the terms of this Agreement and any applicable Old Second account agreement with us, the terms of this Agreement will control except as otherwise stated herein.

35.    Termination.

We may terminate or suspend this Agreement, or terminate, suspend or limit your access privileges to or use of the Service, in whole or in part, at any time for any reason without prior notice, including for reasons involving your use of the Service which we may deem to be illegal or potentially brand damaging, and when you no longer have an eligible Old Second account.  The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.  If your Old Second account is not in good standing, that account is not eligible for any transaction using the Service.  We may determine other eligibility criteria in our sole discretion.  We also reserve the right to terminate or suspend our participation in the Zelle® Network or with a particular financial institution at any time.

36.    Choice of Law and Jurisdiction.

This Agreement, including any dispute arising out of or related to this Agreement, will be governed and construed in accordance with the laws of the State of Illinois without giving effect to the principles of conflicts of laws thereof.  With respect to all claims and disputes that are not submitted to arbitration as described below, all court actions or proceedings arising from or relating to this Agreement will be tried and litigated exclusively in the courts located in Kane County, Illinois, or the United States District Court for the Northern District of Illinois and each party hereby consents to the jurisdiction in such courts.

37.    Claims and Disputes. 

Please read this provision carefully. It affects your rights and will have a substantial impact on how legal claims concerning this Agreement are resolved. Most concerns involving this Agreement can be resolved quickly by calling us. In the unlikely event that we are unable to satisfactorily resolve any Claims (as defined below) with you after following the procedures set forth in below, we each agree to resolve those Claims through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Any arbitration under this Agreement will take place on an individual basis; class arbitrations, class actions, private attorney general actions, and non-individualized injunctive relief are not permitted. By agreeing to arbitrate, both parties are waiving the right to a trial by jury or before a judge.

Special Definition of Certain Terms. For purposes of this agreement to arbitrate only, references to “you,” “we”, “our,” and “us” in this agreement to arbitrate include our respective parent company, subsidiaries, affiliates, agents, employees, officers, directors, predecessors in interest, successors and assigns, as well as all authorized or unauthorized account owners, custodians, users or beneficiaries of accounts under this Agreement or prior agreements between us, as applicable.

Claims Subject to Arbitration. We and you agree to arbitrate all disputes or claims between us arising out of or relating to this Agreement (“Claims”). This agreement to arbitrate is intended to be broadly interpreted. Claims include, but are not limited to: (1) Claims arising out of or relating to this Agreement or any transactions arising under this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (2) Claims that arose before the effective date of this Agreement or any prior version of this agreement (including, but not limited to, claims relating to advertising, promotions, or disclosures); and (3) Claims that may arise after the termination of this Agreement. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. § 1 et. seq., governs the interpretation and enforcement of this provision. This agreement to arbitrate shall survive the closing of your account and/or the termination of this Agreement. You acknowledge and agree that for any claims or disputes you assert against Old Second, Zelle® and/or Early Warning Services, LLC are entitled to enforce this provision against you.

Notice of Dispute and Arbitration Procedures. A party who intends to pursue a Claim must first send to the other a letter describing the Claim (a “Notice of Dispute”). Any Notice of Dispute should be addressed and sent to:

Old Second National Bank
37 S. River St.
Aurora, IL 60506

 Any Notice of Dispute sent to you by us shall be sent to the address in our records that is associated with your account at the time the Notice of Dispute is sent. The Notice of Dispute must (a) describe the nature and basis of the Claim; (b) propose the specific relief sought; (c) state the name and address of the claimant; and (d) include the account number to which the Claim relates. If we and you do not reach an agreement to resolve the Claim described in the Notice of Dispute within 45 days after the Notice of Dispute is received, you or we may commence an arbitration proceeding by filing a demand for arbitration with the AAA. If you or we attempt to commence arbitration proceedings before providing the requisite Notice of Dispute, you or we hereby agree to withdraw the demand for arbitration without prejudice to re-filing it 45 days after the date on which the premature arbitration demand was first filed. Neither you nor we shall disclose to the arbitrator the existence, amount, or terms of any settlement offers made by either party until after the arbitrator issues a final award resolving the Claim.

A form for initiating arbitration proceedings is available on the AAA’s website at adr.org. If the AAA is unavailable, the arbitration shall be administered by another arbitration provider as agreed to by the parties or selected by a court.

The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the AAA, as modified by this agreement to arbitrate, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 800-778-7879. 

Under this agreement to arbitrate, arbitrators shall not be bound by rulings in prior arbitrations involving different customers but are bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law.

Prohibition of Class and Representative Actions and Non-Individualized Relief. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual Claim; any injunctive relief must be individualized in nature and cannot affect account holders other than the claimant. YOU, OLD SECOND, AND IF APPLICABLE ZELLE® AND/OR EARLY WARNING SERVICES, LLC, AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL OR ON BEHALF OF THE GENERAL PUBLIC. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If a court decides that any part of this agreement to arbitrate (other than the prohibitions in this paragraph) is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply. However, if a court decides that applicable law precludes enforcement of any of this paragraph’s prohibitions as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. You acknowledge and agree that for any claims or disputes you assert against Old Second, Zelle® and Early Warning Services, LLC are entitled to enforce this provision against you.

 Availability of Small Claims Court and Access to Government Agencies. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

 Future Changes to the Agreement to Arbitrate. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future change to this agreement to arbitrate (other than a change to any notice address, website link or telephone number provided herein), that change shall not apply to any Claim of which we had written notice on the effective date of the change. Moreover, if we seek to terminate the agreement to arbitrate as included in this Agreement, any such termination shall not be effective until at least 30 days after written notice of such termination is provided to you, and shall not be effective as to Claims which arose prior to the date of termination.

 Other Remedies. This agreement to arbitrate and the exercise of any of the rights you and we have under this provision shall not prohibit you or us from exercising any lawful rights either of us has to use other remedies available to preserve, foreclose or obtain possession of real or personal property or exercise self-help remedies, including setoff rights as described in this Agreement.

38.    Severability.

In the event any provision or any portion of any provision of this Agreement is held to be invalid, illegal, or unenforceable under any applicable law, such invalidity, illegality or unenforceability will not affect the remaining provisions of this Agreement and this Agreement will be construed as if such invalid, illegal, or unenforceable provision or provisions had never been contained in this Agreement.