This Home Banking Agreement is between Third Federal Savings and Loan Association of
Cleveland ("we," "us," "our," or "Third Federal") and any eligible consumer who enrolls in our
Online Banking service and/or uses our Personal MoneyLine service ("you," "your," or "yours").
We agree to provide Online Banking services and/or Personal MoneyLine services to you on the
terms set forth in this Home Banking Agreement, and on any additional terms you accept when
enrolling in specific Online Banking services (together, our "Agreement" with you).
When you use any of the Online Banking services and/or Personal MoneyLine services described
in this Agreement, or authorize others to use them, you agree to the terms and conditions of
This Agreement describes your and our rights, responsibilities, and obligations.
"Account" means any checking, savings, mortgage, Equity Line of Credit
or other account you have with us for personal, family or household use, and which we designate
on our website (www.thirdfederal.com) as an "Account" that may be accessed via Online Banking.
“Account aggregation” is a service offered by third-party companies that
involves compiling information from different accounts, which may include bank accounts, credit
card accounts, investment accounts, and other consumer or business accounts, into a single
“Mobile Application” means the Online Banking programs we
make available for use with your Wireless Device.
“Mobile SMS Text Message Banking” means the Account
activity alerts you may ask to have delivered to your Wireless Device by text message, as well
as the text messages we may exchange with you for purposes of responding to any of your on-
demand Account inquiries.
"Mobile Suite” means the group of Online Banking services,
features and programs that we make available from time to time for use with your Wireless
Device and Wireless Services, which will provide you with limited access to certain Online
Banking services. The Mobile Suite includes Mobile Applications, Mobile SMS Text Message
Banking, and Mobile Web Banking. The Mobile Suite is designed to optimize your experiences with
our Online Banking services, based on the Wireless Device and Wireless Services that you
choose. Not all of the Online Banking services, features and programs that are available when
you use a personal computer will be available when you use your Wireless Device and Wireless
“Mobile Web Banking” means the dedicated Internet address
(URL) you can use with your Wireless Device for access to our Online Banking services, as an
alternative to using a Mobile Application.
"Online Banking Password" means the confidential string of characters
and/or digits used for identification purposes in connection with the use of our Online Banking
"Online Banking service" means the Account information and Account
services we make available or provide to you using Internet and cellular data services, when
you use a personal computer or Wireless Device.
"Password," "Personal Identification
Number" or "PIN" means the confidential string of
characters and/or digits used with your User ID for identification purposes in connection with
the use of our Online Banking and Personal MoneyLine services.
"Personal MoneyLine PIN" means the confidential personal
identification number used for identification purposes in connection with the use of our
Personal MoneyLine service.
"Personal MoneyLine service" means the audible Account services and
audible Account information we make available or provide to you by telephone, such as
information about your Account balances, rates, and other information about our available
products and services.
"Secure E-mail" means the secure electronic communications you and we
exchange with each other through the electronic message center provided as part of our Online
Banking services, or the secure electronic communications you and we exchange with each other
using a secure message service we select and approve for your use and ours. Electronic mail
messages you send to us by other means, even if correctly addressed to us or one of our
employees, are not secure. Please do not send confidential personal or financial information to
us by electronic mail, except by Secure E-Mail provided as part of the Online Banking service
or another type of Secure E-Mail we selected and approved for this purpose.
"Transfer" means any electronic banking transaction, including a deposit,
withdrawal, or payment, made electronically.
"User ID" is your unique identification credential that must be used, along
with your password, before we will provide Online Banking services or permit access to your
“Wireless Device” includes the mobile phones, mobile
tablets, and other mobile devices and equipment that can be used to access the Internet and
that can use programs and applications designed for use with these devices.
“Wireless Service” means the wireless telecommunications
and data services you may purchase through various wireless service providers, which allow you
to access the Internet and use various applications with your Wireless Device, including our
Mobile Applications. Depending on your Wireless Service contract, special data rates may apply
and your Wireless Service provider may require you to pay additional charges when you use the
Mobile Suite of products, and when you and we exchange data and information associated with our
Online Banking services.
II. Setup and Use of Online Banking.
Before you may use our Online Banking services, you must first complete the online enrollment
form for Online Banking services available on our website (www.thirdfederal.com or on our
mobile application). If we determine you are eligible, we will enroll you in our Online Banking
To enroll in Online Banking, you must have at least one Account with us. You will need to
create a User ID and password before you can log on and receive Online Banking services. You
may change your Online Banking Password and/or Personal MoneyLine PIN at any time. We may
require you to change your Personal MoneyLine PIN or Online Banking Password at any time for
security reasons. You must keep your User ID, Personal MoneyLine PIN and Online Banking
Password in a secure location. Any person who has access to your User ID and Online Banking
Password will be able to access Online Banking and perform all Account transactions and
inquiries that you may perform.
Using Online Banking and Personal MoneyLine, you can access only those Accounts for which you
are an authorized signatory, including those Accounts where you are a sole or joint owner,
trustee, custodian, or co-signer. Online Banking and Personal MoneyLine services are generally
accessible 24 hours a day, seven (7) days a week, except that either service may be
inaccessible on occasion for a reasonable period of time for system maintenance or for other
reasons beyond our control. We are not liable under this Agreement for failure to provide
access to Account services and information due to a system failure, other unforeseen acts, acts
by third parties beyond our control or for any other loss under circumstances as otherwise
indicated in this Agreement. We may modify, suspend, or terminate (see Section VII) access to
Online Banking or Personal MoneyLine at any time and for any reason without notice.
Depending on your access device, you may have the option to authenticate your identity and
gain access to Online Banking using just your fingerprint. If you choose to activate this
feature, it is your responsibility to control access just as you would with your personal ID
and password. Please note, that any person who has a fingerprint stored in your device may be
able to gain access to the apps that use this feature.
C. Equipment and Software Requirements.
To use Online Banking services, including the Mobile Suite, you must maintain, at your sole
cost and expense, all of the equipment, hardware, software and services that satisfy the
technical requirements we specify from time to time and that allows you to obtain and keep
secure access to the Internet and cellular data services as required by the Agreement. You must
pay any and all expenses related to the use of the Online Banking services, including but not
limited to telephone, data, and Internet service charges. To use Online Banking services by
personal computer, you need a personal computer with a working and compatible operating system
and browser, secure access to the Internet provided by a service provider of your choice, and a
printer or storage device. To use Online Banking services by a Wireless Device, you need a
Wireless Device and Wireless Services that are compatible with our Mobile Suite of products and
that permit secure access to the Internet and cellular data services. A faster processor will
give a better Online Banking experience. A connection to the Internet that provides throughput
of 28.8 kbps or higher is sufficient. A Web browser that supports 128-bit encryption, or
better, is required. You are responsible for the setup and maintenance of your home computer,
modem, Wireless Devices, and Wireless Services. You agree to scan your personal computer,
Wireless Device, hardware, and software on a regular basis, using a reliable virus detection
product, to detect and remove any viruses or harmful malware.
To access communications from us sent to your external e-mail address, you must have an
active e-mail account with an Internet e-mail service provider and software enabling you to
download and view Internet e-mail. To print or download communications for Online Banking, you
must have a printer connected to your computer and software that allows you to print from your
computer, or sufficient hard-drive or disk space to save the communications.
D. Limitation of Liability.
Disclaimer of Liability.
You agree that we are not responsible for any error, damages or other loss you may suffer due
to malfunction or misapplication of any system you use, including your browser, your Internet
service provider, your software or any equipment you may use, including your telecommunications
facilities, computer hardware and modem to access or communicate with Online Banking. You are
responsible for the correct setup of your personal computer and Wireless Devices. Neither we,
nor any of our service providers, are liable for damages of any kind (whether direct, indirect,
special, consequential or otherwise), including economic, property, personal or other loss or
injury, whether caused by hardware or system-wide failure, that may arise or result from the
use or maintenance of any personal computer, Wireless Device, or other equipment or items
necessary to operate Online Banking. You agree that we are not liable to you for any claims or
damages that may result from or relate to any virus or malware or related problems that may be
associated with your use of e-mail or the Internet. You also agree that we are not liable to
you for any claims or damages that may result from or relate to defects in or malfunctions of
your personal computer, Wireless Device, hardware or software, or any failures of or
interruptions in any electrical, telephone, mobile data, Wireless Services or Internet
services. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA, OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY THAT ARISES FROM OR IS
RELATED TO THE USE OF, INABILITY TO USE, OR TERMINATION OF THE USE OF ANY ONLINE BANKING
SERVICE OR PERSONAL MONEYLINE SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER
CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE
POSSIBILITY OF ANY SUCH DAMAGES, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW.
Limitation of Liability for Good Faith Reliance on Instructions.
We will not be liable to you or any third party for any loss that results from any action or
inaction on our part, if our action or inaction is taken in accordance with instructions that
we believe, in good faith, to be reliable and authorized by you, unless and only to the extent
expressly required by applicable law.
Giving your User ID and password to a third party such as an aggregation service, limits
Third Federal’s ability to protect your personal account information. Please use caution when
providing personal information and log-in credentials to aggregation services. Be sure to read
and understand the aggregation service provider’s privacy and security policies before sharing
any personal information.
The Account documents, files, data, and other information you and we may exchange depends on
the performance of Internet and telecommunications services provided or controlled by third
parties. The action or inaction of these third parties can disrupt your and our connections to
the Internet and telecommunications services. You agree that we are not liable to you for
events that arise from or are related to any such events. We shall not be liable to you for
damages of any kind, whether in contract, tort, or otherwise, that are attributable or related
in any way to the use and availability of Internet or telecommunications services, or your or
our ability to connect to and use the Internet or telecommunications services.
E. Disclaimer of Warranties.
YOU AGREE THAT YOUR USE OF ANY
ONLINE BANKING SERVICE AND PERSONAL MONEYLINE SERVICE, AND ALL INFORMATION AND CONTENT PROVIDED
BY AND FROM ANY SOURCE THROUGH THE ONLINE BANKING SERVICE AND PERSONAL MONEYLINE SERVICE, IS AT
YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF
ANY KIND AS TO THE USE OF ANY ONLINE BANKING SERVICE OR PERSONAL MONEYLINE SERVICE, WHETHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGMENT, UNLESS DISCLAIMING ANY SUCH WARRANTY IS
EXPRESSLY PROHIBITED OR LIMITED BY APPLICABLE LAW. WE MAKE NO WARRANTY THAT ANY ONLINE BANKING
SERVICE OR PERSONAL MONEYLINE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL
BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN ANY ONLINE BANKING SERVICE OR PERSONAL MONEYLINE
SERVICE WILL BE CORRECTED. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT THE ONLINE BANKING
SERVICES ARE FREE FROM ANY COMPUTER VIRUS OR OTHER SOFTWARE-RELATED PROBLEMS.
III. Online Banking Services.
A. Online Statements:
Electronic Delivery. We will provide certain Account statements, change of Account terms, and other Account notices ("Online Statements") to you electronically, if you enroll in Online Statements as part of your Online Banking services. To access your Online Statements electronically, you must be enrolled in Online Banking and meet the other requirements outlined in the Home Banking Agreement.
Your Consent is Required. ou must consent to receiving Online Statements electronically before we can provide them to you using that method. You provide your consent for electronic delivery of these materials when you enroll in Online Statements.
Maintain a valid Email Address. You agree to maintain a valid, active email address so we can notify you when your Online Statements are available for viewing online. You agree to notify Third Federal immediately of any change to your email address.
Withdrawal of Consent and Update of Information. You have the right to
withdraw your consent at any time to receive Online Statements electronically. To withdraw your
consent or update information we need to contact you electronically, you may call us toll-free
at 1-877-487-1748; write us at Third Federal Savings & Loan, Attn: Online Banking, 7007
Broadway Avenue, Cleveland, Ohio 44105; send us a Secure E-mail through Online Banking; or
email us at email@example.com.
System Requirements to Access and Retain the Information. To view your
Online Statements, you must meet the equipment and software requirements outlined in the Home
Closed Accounts. You will not be granted access to Account information
through Online Banking, including Online Statements, after the Account has been closed. Your
last Account statement will be mailed to the address we have on file for you.
Copy of Statement. To request a copy of your Account statement, you
may visit one of our branches; call us toll-free at 1-800-844-7333; write to us at Third
Federal Savings & Loan, 7007 Broadway Avenue, Cleveland, Ohio 44105; send us a Secure E-
mail through Online Banking; or email us at firstname.lastname@example.org. See our current fee schedule for
details on applicable fees.
B. Internal Funds Transfer and Services Offered:
Account Transfers. You may make transfers between Accounts that you have with us. You may transfer funds through Online Banking in any amount. We will deduct the amount of your funds transfer from your Account on the date you ask us to process it or at the earliest time after that when our systems and employees are able to receive and process your request. We may refuse to act on your funds transfer instruction if sufficient funds, including funds available under any overdraft plan, are not available in your Accounts on the date you want us to transfer funds.
Scheduled Recurring Transfers. You may schedule one or more transfers
between your Accounts to occur on a weekly, monthly, or bi-monthly basis.
(a) Transfers scheduled for a specific date that falls on a Saturday, Sunday or Federal
holiday will be deducted from your available balance and posted to your Account on the next
(b) Transfers scheduled for a date that does not exist in a calendar month (i.e., 29, 30,
and 31) will be processed on the last day of the calendar month.
(c) You will receive a "success transfer" or "failed transfer" email indicating information
entered at the time of origination of a scheduled recurring transfer. Scheduled recurring
transfers may be added, deleted, and/or changed up to the scheduled date of transfer; provided,
however, you have given us adequate time to act on your instruction before the particular
recurring transfer has been carried out.
(d) You are responsible for managing your scheduled and/or recurring transfers and keeping
track of when they expire.
Obtain Account Balances. Your Account balance is generally current,
but may not include transactions that have not been posted (such as checks cashed at a teller
window on the same day). In addition, your Account balance may show funds that have been
credited to your Account, but that are not yet available for withdrawal.
Notifications. You may establish criteria through our Online Banking
service to have certain types of informational Account notices sent to you in different ways.
For example, you can arrange to have an email message notifying you when a specific check has
been paid from your checking Account, or when an Account balance is above or below the dollar
amount you specify, or when a Certificate of Deposit Account is near its maturity date. Check
our Online Banking website for more details about the options that are available to you. The
informational Account notices you may request through Online Banking are not a replacement or
substitute for the complete and official Account statements, correspondence, and notices we
provide as required by law, our Account agreement with you, and this Agreement.
Transaction History. For specified Accounts designated on our website
(www.thirdfederal.com), you may review the history of past Account transactions over at least
the previous six (6) months. The Account transaction history you review through Online Banking
is not a replacement or substitute for the complete and official Account statements,
correspondence, and notices we provide as required by law, our Account agreement with you, and
Secure E-mail. You may exchange Secure E-mail messages with us through
the electronic message center we provide as part of our Online Banking services or through a
secure message service we select and approve for your use and ours. Electronic mail messages
you send to us by other means, even if correctly addressed to us or one of our employees, are
not secure. You may not use e-mail messages, even Secure E-mail, to initiate transfers on your
Accounts or make stop payment requests.
These activities are limited to the extent noted above and in the agreements governing your
various Accounts, including, but not limited to, your Deposit Account Agreement. You should
refer to these agreements for restrictions and service charges.
C. External Funds Transfer:
Subject to the terms of the Funds Transfer Agreement, you may transfer funds to or from your
checking, savings, or investment account(s) at any financial institution to or from your
deposit account(s) at Third Federal. You must be an owner of the accounts in order to conduct
external funds transfer. For complete details, see the Funds Transfer Agreement.
D. Mobile Suite:
The Mobile Suite of products is available to any customer who is eligible and enrolled in
Online Banking. Before you access any of the products in the Mobile Suite, you must already be
enrolled in Online Banking and have your own Wireless Device to access the service from. Third
Federal does not provide Wireless Devices or perform Wireless Services required to use any
Wireless Device. You are agreeing to the terms and conditions of the Mobile Suite presented in
the Home Banking Agreement. By accepting the Home Banking Agreement, you are agreeing to the
terms and conditions that apply to the products currently offered as part of the Mobile Suite,
as well as any future enhancements that might be made to those Mobile Suite products. To use
the Mobile Suite, your Online Banking relationship must be verified and the Wireless Device
must be authenticated.
You are responsible for managing your own mobile message and data plan and other Wireless
Services through your wireless service provider, as well as your Wireless Devices. Once
enrolled in both Online Banking and Mobile Suite, you determine which products to access and
you are responsible for managing mobile phone numbers, lost devices, etc. If you have problems
using any Wireless Device or Wireless Services, you must contact the provider of your Wireless
Device or your Wireless Services and ask that provider for assistance. We will not
troubleshoot, diagnose, or repair any Wireless Device or Wireless Services.
You are responsible for selecting and using a compatible Wireless Device. In addition, you
must purchase your own Wireless Service plan to use the Mobile Suite. If you do not have a
message and data mobile plan, you will be unable to use the Mobile Suite.
You may cancel the Mobile SMS Text Messaging Banking services at any time. To do this, you
must either log on through our Online Banking website and deactivate the service there, or text
the word “Stop” to us at 454545. You will receive a one-time opt-out confirmation
If you deactivate your Wireless Device or a number associated with your Wireless Device, you
are responsible for deactivating any further ability to use your Wireless Device or its number
through Online Banking, as well as the Mobile Suite.
Before you may use any product offered as part of the Mobile Suite, you must first register for Online Banking on our website www.thirdfederal.com, Mobile Web or Mobile Application (Mobile Web site www.m.thirdfederalonline.com).
The informational Account notices, Account transaction history, and other Account
information you receive or review through the Mobile Suite is not a replacement or substitute
for the complete and official Account statements, correspondence, and notices we provide as
required by law, our Account agreement with you, and this Agreement.
You are responsible for keeping your Wireless Devices safe and secure. If a
Wireless Device is compromised, stolen or lost, you must notify us immediately, so access to
the Mobile Suite can be discontinued.
E. Changes to Products and Services:
We reserve the right, in our sole discretion and at any time and without any prior notice to
you, to change or discontinue any and all of the products, services and features offered or
made available through Online Banking.
The activities are limited to the extent noted above and in other agreements that govern
your various Accounts with us, including, but not limited to, the Deposit Account Agreement and
the Fee Schedule, each as amended from time to time. You should refer to these agreements and
schedules for more information about restrictions, fees and service charges.
IV. Parties' Responsibilities.
A. Your Rights and Responsibilities.
Authorized Use and Control Over Access to Services.
You are responsible for keeping your PIN, Password and Account data confidential and for
maintaining control over access to your Wireless Services. You are also responsible for keeping
possession and control over your Wireless Devices, telephone, and personal computer. You
understand that your election to use any public computer presents additional security risks.
You agree that you are solely responsible for ensuring that no one, other than you, may use or
access any of your confidential information, such as your PIN, Password, or Account
information, if you elect to use any computer that is accessible to the public. You are also
responsible for following instructions and advice and installing updates made available to you
by the providers of your personal computer, hardware, software, Wireless Devices, and Wireless
Services. We are entitled to act on transaction instructions received using your PIN and/or
Password. You agree that the use of your PIN and/or Password will have the same effect as your
signature authorizing the transaction. If you authorize other persons to use your PIN and/or
Password in any manner, your authorization will be considered unlimited in amount and manner,
until you have notified us in writing that you have revoked the authorization and changed your
PIN and/or Password. You are responsible for any transactions made by such persons until you
notify us that transfers by that person are no longer authorized and we have a reasonable
opportunity to act upon the change of your PIN and/or Password. You must not use or permit the
use of any Account or the Online Banking service for any unlawful purpose.
Giving your User ID and password to a third party such as an aggregation service, limits Third Federal’s ability to protect your personal account information. Please use caution when providing personal information and log-in credentials to aggregation services. Be sure to read and understand the aggregation service provider’s privacy and security policies before sharing any personal information.
Your Liability for Unauthorized Transactions.
Tell us AT ONCE if you believe your User ID, PIN, Password or Wireless Device has been lost or
stolen, or if you believe that an electronic fund transfer has been made without your
permission using information from your check. Telephoning is the best way of keeping your
possible losses down. You could lose all the money in your deposit Accounts (plus your maximum
overdraft line of credit). If you tell us within 2 business days after you learn of the loss or
theft or your User ID, PIN, Password or Wireless Device, you can lose no more than $50 if
someone used your User ID, PIN, Password or Wireless Device without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your
User ID, PIN, Password or Wireless Device, and we can prove we could have stopped someone from
using your User ID, PIN, Password or Wireless Device without your permission if you had told
us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, including those made by card,
code, or other means, tell us at once. If you do not tell us within 60 days after the statement
was mailed or sent to you, you may not get back any money you lost after the 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
Contact in Event of Unauthorized Transactions.
You should change your Online Banking Password or Personal MoneyLine PIN and your User ID
immediately through Online Banking or the Personal MoneyLine if you believe your PIN or
Password has been lost or stolen, or if you suspect any fraudulent activity on your Account. If
you believe your User ID, PIN, Password or Wireless Device has been lost or stolen, call us at
1-800-THIRD-FED (1-800-844-7333). You may also write us at Third Federal Deposit Operations,
7007 Broadway Avenue, Cleveland, Ohio 44105 or, if you are enrolled in Online Banking services,
you may send a Secure E-mail to notify us electronically using our Online Banking website
(www.thirdfederal.com). You should also contact us in this manner if you believe a transfer has
been made using the information from your check without your permission.
Our business days are Monday through Thursday, 9:00 a.m. to 4:00 p.m.; Friday, 9:00 a.m. to
6:00 p.m.; and Saturday, 9:00 a.m. to 1:00 p.m. Holidays are not included. Our Customer Service
Representatives at 1-800-THIRD-FED (1-800-844-7333) are available to assist you Monday through
Thursday, 8:30 a.m. - 5:00 p.m.; Friday, 8:30 a.m. - 6:00 p.m.; and Saturday, 8:30 a.m. - 1:30
p.m. All times shown are in the Eastern Time Zone. If you use Online Banking services, our
facilities are operational 24 hours a day, 7 days a week, except during short periods of time
for maintenance. If you contact us electronically by sending a Secure E-mail after regular
business hours, your message will be received and processed the next business day. With respect
to your External Funds Transfers, our business days and hours of operation are set forth in the
Funds Transfer Agreement.
In Case of Errors or Questions About Your Electronic Transfers.
Telephone us at 1-800-THIRD-FED (1-800-844-7333), write to us at
Third Federal Savings and Loan, Attn: Online Banking Department, 7007 Broadway Avenue,
Cleveland, Ohio 44105, or, if you are an enrolled user of Online Banking services, send a
Secure E-mail to notify us through our website (www.thirdfederal.com), as soon as you can, if you
think your statement or receipt is wrong, or if you need more information about a transfer
listed on the statement or receipt.
We must hear from you no later than sixty (60) days after we sent the FIRST statement on
which the problem or error appeared.
(a) Tell us your name and Account number;
(b) Describe the error or the transfer you are unsure about, and explain why you believe it
is an error or why you need more information; and
(c) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing
within ten (10) business days.
We will tell you the results of our investigation within ten (10) business days after we
hear from you and will correct any error promptly. If we need more time, however, we may take
up to forty-five (45) days to investigate your complaint or question. If we decide to do this,
we will credit your Account within ten (10) business days for the amount you think is in error,
so that you will have the use of the money during the time it takes us to complete our
investigation. If we ask you to put your complaint or question in writing and we do not receive
it within ten (10) business days, we may not credit your Account.
For errors involving new Accounts, point-of-sale, or foreign-initiated transactions, we may
take up to ninety (90) days to investigate your complaint or question. For new Accounts, we may
take up to twenty (20) business days to credit your Account for the amount you think is in
We will tell you the results within three (3) 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.
Keep Personal Information Up To Date. It is your responsibility to
notify Third Federal immediately of any change to your email address and/or mailing
Documentation of Transfers or Notice of Transactions.
You will receive a monthly statement showing transactions and transfers made in your checking
or statement savings Account, unless there are no transfers in a particular month. In any case,
you will receive a statement at least quarterly.
If you have arranged to have direct deposits (preauthorized credit transfers) made to your
Account at least once every sixty (60) days from the same person or company, you can call our
Customer Service area at 1-800-THIRD-FED (1-800-844-7333) to find out whether or not the
deposit has been made.
You may review your Account balances and a listing of your most recent Account transactions
online. You may also use your home personal computer and printer to print out a copy of your
instructions when you use Online Banking to direct a transfer between your Third Federal
Documentation as Evidence.
Any documentation provided to you, which indicates that an electronic fund transfer was made,
shall be admissible as evidence of such transfer and shall constitute prima facie proof that
such transfer was made.
Cooperation With Our Investigations.
You agree to cooperate with us in the investigation of any unusual Account transactions, poor
quality transmission, and resolution of claims that may relate to our Online Banking services
and your Accounts. If we request originals or copies of any Account documents, records, or
instruments that are in your possession or under your control, you agree to provide us with
such Account documents, records or instruments at no cost to us.
B. Our Rights and Responsibilities.
Our Liability for a Failure to Make Transfers.
If we do not complete a transfer to or from your Account on time or in the correct amount
according to this Agreement and our Account agreement with you, we are liable for your losses
or damages. However, there are some exceptions. We will not be liable, for instance:
(a) If, through no fault of ours, you do not have enough money in your Account to make the
(b) If the funds in your Account were attached or the transfer cannot be made because of
legal restrictions affecting your Account;
(c) If the transfer would go over the credit limit on your overdraft line;
(d) If the system was not working properly and you knew about the breakdown when you started
(e) If circumstances beyond our control (such as fire, flood, interruption of telephone
service or telecommunication facilities, equipment malfunction, strikes, labor trouble, power
loss, acts of God, hostilities, acts of terrorism, emergency, or natural disaster) prevent the
transfer, despite reasonable precautions that we have taken;
(f) If you have not properly followed the instructions for using Online Banking;
(g) If your operating system or software was not properly installed or functioning properly;
(h) If another exception applies that is stated in this Agreement or another agreement
between you and us.
Our sole responsibility for an error in a transfer will be to correct the error, but in no
case will we be liable for any indirect, special, incidental, or consequential damages. In
states which do not allow the exclusion or limitation of liability for indirect, special,
incidental, or consequential damages, our liability is limited to the extent permitted by
V. Consumer Privacy.
The importance of maintaining the confidentiality and privacy of the information provided by
as published on our website at www.thirdfederal.com.
We will disclose information to third parties about your Account or transfers you make:
- Where it is necessary for completing such transfers;
- To verify the existence and condition of your Account for a third party, such as a
credit bureau or merchant;
- To comply with government agency or court orders;
- Where it is necessary for legal, collection, accounting or auditing purposes; or
- If you give us your written permission.
Your Online Banking services remain in effect until terminated by you or us. You may cancel
your Online Banking services at any time by notifying us of your intent to cancel by Secure E-
mail; by calling our Customer Service area at 1-800-THIRD-FED (1-800-844-7333); or by writing
to us at Third Federal, 7007 Broadway Avenue, Cleveland, Ohio 44105, ATTN: Online Banking
Department. This cancellation applies only to your Online Banking services and does not
terminate your other relationships with us. Your termination of your Online Banking services
may automatically terminate any pending payments.
We may terminate your participation in and eligibility for the Online Banking service for
any reason and at any time. We may, for example, terminate your participation in and
eligibility for the Online Banking service if we suspect that you or someone else may be using
or attempting to use any Account or the Online Banking service for any unlawful purpose. We
will try to notify you in advance, but we are not obliged to do so. We may cancel your service
when your Online Banking service remains inactive for more than six (6) months or you no longer
have any active Accounts with us.
VIII. Changes in Terms and Other Amendments.
We may amend this Agreement with advance notice where required. Any changes to this
Agreement will be posted on our website (www.thirdfederal.com) and will be provided to you when
required by law. Your continued use of Online Banking following posting of amendments on our
Online Banking website constitutes your acceptance of the terms and conditions of any posted
IX. Other Provisions.
A. Electronic Notice.
You agree that we may send general service-related notices to you by electronic mail. You may
use Secure E-mail to contact us about inquiries, maintenance and/or some problem resolution
issues. Sending electronic mail by means other than through our Secure E-mail
message center in Online Banking or another Secure E-mail method we select and approve for your
use may not be a secure method of communication. Please do not send confidential personal or
financial information to us by e-mail, except by Secure E-mail.
There may be times when you need to speak with someone immediately (especially to report a
lost or stolen PIN or to stop a payment). In these cases, do not use e-mail. Instead, you
should call us at 1-800-THIRD-FED (1-800-844-7333).
B. Ownership of Web site.
The content, information, and offers on our website (www.thirdfederal.com) are copyrighted by
Third Federal Savings and Loan Association of Cleveland and the unauthorized use, reproduction,
linking, or distribution of any portions is strictly prohibited.
C. Governing Law.
This Agreement is governed by Federal law and, to the extent not preempted by Federal law, by
the laws of the State of Ohio, without regard to conflict of law provisions. Your existing
Account relationships shall continue to be governed by and construed in accordance with the
laws as disclosed in such Account agreements.
If any part, term or provision of this Agreement is held to be illegal, in conflict with any
law or otherwise invalid by any court of competent jurisdiction, that part, term, or provision
shall be conformed, if possible, to prevailing law in the State of Ohio, or, if preempted,
federal law, rather than voided. If voided, the remaining portion or portions shall be
considered severable and shall not be affected, and the rights and obligations of the parties
shall be construed and enforced as if this Agreement did not contain the particular part, term
or provision held to be illegal or invalid.
Home Banking Agreement - Updated 04/2016