Home Banking Agreement.
This Home Banking Agreement is between Third Federal Savings and Loan Association of Cleveland ("we," "us," "our," "Third Federal" or "Association"), which provides home banking services via its Web site, and each consumer (collectively, "you," "your," or "yours") enrolled in our Online Banking service. We agree to provide Online Banking services to you on the terms set forth in this Home Banking Agreement and 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 described in this Agreement, or authorize others to use them, you agree to the terms and conditions of this Agreement.
This Agreement describes your and our rights, responsibilities, and obligations.
"Account" means any checking, savings, mortgage, Equity Line of Credit or other account that you have with us for personal, family or household use and which we designate on our website as an "Account" that may be accessed via Online Banking.
"Password," "Personal Identification Number" or "PIN" means the confidential string of characters and/or digits used in conjunction with your user ID for identification purposes in connection with the use of our Online Banking and Personal MoneyLine services.
"User ID" is your unique identification number used along with your PIN to log in.
"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 our service which enables you to access information on your Account by telephone. The Personal MoneyLine gives information such as account balances, rates and product information.
"Secure E-mail" means the electronic communication sent by you to the Association through the electronic message center provided through Online Banking.
"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 service.
"Online Banking service" means our service which enables you to access information on your Accounts via the Internet.
"Transaction Account" means any Account in which funds may be deposited into, withdrawn from, or credited to in payment for debts owed to the Association and which we designate on our Web site as a Transaction Account that may be accessed via Online Banking.
"Transfer" means any electronic banking transaction, including a deposit, withdrawal, or payment, made electronically.
II. Setup and Use of Online Banking.
You must first request to use Online Banking by completing the online enrollment form available on our Web site or in writing, and if eligible, we will enroll you in our Online Banking services.
In order to enroll in Online Banking, you must have at least one Account with us. Once you enroll you will receive an initial User ID. You will need both a User ID and temporary password to log on to Online Banking. If you already have a Personal MoneyLine PIN, you will need to select a new PIN as part of the Online Banking Enrollment Process and will need to use it the next time you access Personal MoneyLine. If you do not have a Personal MoneyLine PIN, you will select a temporary PIN as part of the enrollment process. This temporary PIN is used as your temporary Password when you access Online Banking for the first time.
Upon your initial login to Online Banking, you will immediately be required to change your Online Banking Password. (Your Personal MoneyLine PIN will not change when you change your Online Banking Password.) 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 from time to time for security reasons. You should keep your User ID, Personal MoneyLine PIN and Online Banking Password in a secure location. Any person having access to your User ID and Online Banking Password will be able to access Online Banking and perform all 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 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.
C. Equipment and Software Requirements.
To use Online Banking, you need a Microsoft Windows or Macintosh® computer, a printer, and Internet service with a service provider of your choice. A faster processor will give a better Internet 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 and modem.
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.
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.
D. Limitation of Liability.
Disclaimer of Liability.
You are responsible for the correct setup of your personal computer. Neither we, nor any of our service providers are liable for damages (whether direct, indirect, special, consequential or otherwise), including economic, property, personal or other loss or injury, whether caused by hardware or system-wide failure, arising or resulting from the use or maintenance of the equipment or other items necessary to operate Online Banking.
The Association will not be liable for any loss to you or any third party as a result of any action or inaction by the Association in accordance with instructions on which the Association in good faith believes it is authorized to rely.
Computer Related Liability.
Neither we, nor any of our affiliates or subsidiaries, any software suppliers, or any information providers are liable for any computer virus or software-related problems that may be attributable to the services provided in connection with Online Banking.
E. Disclaimer of Warranties.
Warranties of Fitness and Merchantability.
NEITHER WE, NOR ANY OF OUR SUBSIDIARIES, ANY SOFTWARE SUPPLIERS, OR ANY INFORMATION PROVIDERS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE EQUIPMENT, BROWSER OR OTHER SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.
Neither we, nor any of our subsidiaries, any software suppliers, or any information providers make any warranty, express or implied, that the services provided in connection with Online Banking 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. You 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 Online Banking 7007 Broadway Avenue, Cleveland, Ohio 44105, send us a secure email through Online Banking, or email us at firstname.lastname@example.org.
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 Banking Agreement.
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. You may request a copy of your Account statement at a branch, call us toll-free at 1-800-844-7333, write us at 7007 Broadway Avenue, Cleveland, Ohio 44105, send us a secure email through Online Banking, or email us at email@example.com. See our current fee schedule for details on applicable fees.
B. Internal Funds Transfer and Services Offered:
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 process it or at the earliest time after that when our systems are able to process the 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 or if the equity payment amount exceeds the loan balance.
Scheduled Recurring Transfers. You may schedule one or more transfers between your Accounts to occur on a weekly, monthly, or bi-monthly basis. Transfers may not be scheduled beyond the year 2031.
(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 business day.
(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) It is your responsibility to manage your scheduled and/or recurring transfers and to keep 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 to schedule an email message to notify yourself:
(a) When a specific check has cleared your checking Account.
(b) When any Account balance falls above or below a specific dollar amount.
(c) When your Certificate of Deposit (CD) is close to maturity. (Note: An online CD Maturity Email Notification will not replace the Third Federal CD Maturity Notice mailed to you via U.S. Postal mail.)
You may transfer money from any Third Federal Account. Equity Line of Credit payments will first satisfy any billed interest, with any remaining amount being applied to principal.
Draw funds from your Equity Line of Credit by transfer to either your Third Federal checking or statement savings Account. We may refuse to advance funds from your Equity Line of Credit if there is insufficient Available Credit in your Equity Line of Credit on the date that you want us to advance funds to your checking or statement savings Account.
You may review the history of past transactions on your Accounts over the previous six (6) months for specified Accounts designated on our Web site.
Secure E-mail. You may send Secure E-mail messages to us. E-mail may not be used to initiate transactions on your Accounts or 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. 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.
Internal Transfers. There is no fee charged for internal fund transfers between your Third Federal accounts.
External Transfers. There is no fee for transfers between your Third Federal deposit accounts and your deposit accounts at other financial institutions utilizing the Standard (Three Day) Service. There is a funds transfer fee for transfers utilizing the Premium (Next Day) Service for both outgoing and incoming transfers. Please see our Fee Schedule, as that document may be amended from time to time, for details on this fee.
IV. Parties' Responsibilities.
A. Your Rights and Responsibilities.
Authorized Use of Services by Other Persons.
You are responsible for keeping your PIN, Password and Account data confidential. We are entitled to act on transaction instructions received using your PIN and/or Password, and 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.
Reporting 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, stolen or if you suspect any fraudulent activity on your Account. You should also notify us immediately in such an event. Telephoning is the best way of keeping your possible losses down. To notify us, call 1-800-THIRD-FED (1-800-844-7333), Monday through Thursday between 8:30a.m. - 5:00p.m., Friday 8:30a.m. - 6:00p.m. or Saturday 8:30a.m. - 1:30p.m. (All hours are in the Eastern Time Zone). You can contact us electronically by sending a Secure E-mail through the Association's electronic message center in Online Banking, by calling our Customer Service area or writing to: Third Federal, 7007 Broadway Avenue, Cleveland, Ohio 44105, ATTN: Online Banking Department. 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.
Your Liability for Unauthorized Transactions.
NOTE: Federal law requires that if you believe your PIN and/or Password has been lost, stolen, or used without authorization and you tell us within two (2) business days after you learn of the loss, theft or unauthorized use, you can lose no more than $50 if someone used your PIN and/or Password without your permission.
Call us AT ONCE if you believe your User ID, PIN and/or Password has been lost, stolen or used without authorization. Telephoning is the best way of keeping your possible losses down. The number to call us is 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 tell us electronically via our Online Banking website at www.thirdfederal.com.
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., excluding holidays. If you use Online Banking services, our facilities are operational 24 hours a day, 7 days a week, except during a short periods of time for maintenance.
Your role is extremely important in the prevention of any wrongful use of your Account. You must promptly examine your Account statement(s) upon receipt. If your statement shows transfers that you did not make, tell us at once. Telephoning is the best way of keeping your possible losses down. If you do not tell us within sixty (60) days after the FIRST statement showing such a transfer was mailed to you, you may not get back any money you lost after the sixty (60) days, if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend these time periods.
Resolving Errors or Problems.
If you think your statement or receipt is wrong, or if you need more information about a transfer listed on the statement or receipt, contact us by telephone at 1-800-THIRD-FED (1-800-844-7333), electronically by sending a Secure E-mail through the Association's electronic message center in Online Banking, or write us at: Third Federal, 7007 Broadway Avenue, Cleveland, Ohio 44105, ATTN: Online Banking Department.
We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. When you contact us, our representative will need to know the following information:
(a) your name and Account number;
(b) A detailed description of the error or the transfer you are unsure about, and an explanation of why you believe it is an error or why you need more information; and
(c) The dollar amount of the suspected error.
If you tell us verbally, 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. 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 address.
Documentation of Transfers or Notice of Transactions.
You will receive a monthly statement on your checking or statement savings Account if any transfers or other transactions were made to your Account since your last statement.
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 us 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 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 Accounts.
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.
B. Our Rights and Responsibilities.
Our Responsibility for Processing Transactions.
If we do not complete a transfer to or from your Account or cancel a transfer as properly requested on time or in the correct amount according to this Agreement with you and our Account agreement, we are liable for your losses or damages.
Limitations of Our Responsibility for Processing Transactions.
There are some exceptions to our liability for processing transactions on your Accounts. 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 transfer;
(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 systems were not working properly and you knew about the breakdown when you started the transfer;
(e) if circumstances beyond our control including, but not limited to, interruption of telephone service or telecommunication facilities equipment malfunction, strikes, labor trouble, power loss, acts of God, hostilities, emergency, or natural disaster, such as a fire or flood 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; or
(h) there may be other exceptions stated in our agreement with you.
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 applicable law.
V. Consumer Privacy.
We may disclose information to third parties about your Account or the transfers you make:
Where it is necessary for completing such transfers;
In order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant;
In order to comply with government agency or court orders;
Where it is necessary for legal, collection, accounting or auditing purposes;
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 in writing via Secure E-mail, or by calling us at 1-800-THIRD-FED (1-800-844-7333), or 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 the Online Banking service for any reason, at any time. 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 Web site and will be provided to you when required by law. Your continued use of Online Banking following posting of amendments on the Online Banking website constitutes your acceptance of the terms and conditions of any posted amendment.
IX. Other Provisions.
A. Electronic Notice.
You agree that we may send 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 message center in Online Banking may not be a secure method of communication. Thus, we recommend that you do not send confidential personal or financial information by 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. Business Days and Hours of Operation.
Our business days are Monday through Thursday, 9 a.m. - 4 p.m.; Friday, 9 a.m. - 6 p.m.; and Saturday, 9 a.m. - 1 p.m. excluding holidays. Our Customer Service Representatives 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. at 1-800-THIRD-FED (1-800-844-7333). (All hours are in the Eastern Time Zone.)
With respect to your External Funds Transfers, our business days and hours of operation are set forth in the Funds Transfer Agreement.
C. Ownership of Web site.
The content, information, and offers on our Web site 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.
D. Governing Law.
This Agreement is governed by the laws of the State of Ohio to the extent such laws are not preempted by federal law, 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.