FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF LORAIN
ONLINE BANKING AGREEMENT AND DISCLOSURE
This Online Banking Agreement contains important information regarding your rights and obligations as a consumer or business user of the Online Banking service or the Online Bill Pay service (“Services”). The terms of this Agreement apply to consumer and business online users equally unless otherwise indicated. It also describes the rights and obligations of the First Federal Savings and Loan Association of Lorain (“First Federal”). By requesting and using one of these Services, you agree to comply with the terms and conditions of this Agreement. We may also introduce new services for Online Banking from time to time. By using any new service, you agree to be bound by the rules that will be made available to you concerning the service.
PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS.
In addition to this Online Banking Agreement, you and First Federal agree to comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Online Banking service or the Online Bill Pay service is your acknowledgement that you have received these agreements and intend to be bound by them. You should also review all other disclosures you received when you opened your account(s) with First Federal, including the disclosed fees that may be imposed on your account(s).
The following definitions apply in the Agreement:
Access to Services
The Online Banking service allows you to view your account information and to transfer funds between your accounts, as applicable. You can also use the Service to create customized reports on your accounts, and to download transaction information to certain financial management software. You will gain access to your online accounts through the use of your Internet-enabled device, your Internet Service Provider, and applicable Access ID's and Passwords. You are responsible for obtaining, installing, maintaining, and operating all equipment used for the Online Banking and Online Bill Pay services.
We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an internet browser provider, by an Internet access provider, or by an online service provider, nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access an Online Banking or Online Bill Pay account.
First Federal is not responsible for any electronic virus or viruses that you may encounter. We strongly suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware, or could result in the theft of your Online Banking login information.
Hours of Operation
Online Banking service, Online Bill Pay service and Mobile Banking Service are available 24 hours a day, seven (7) days a week. However, availability of the Services may be suspended for brief periods of time for purposes of maintenance, updating and revising the software.
All Online Banking transaction requests received after business hours and all transactions that are requested on Saturdays, Sundays, or holidays on which First Federal is closed, may be processed on First Federal's next business day.
Online Banking Transactions Limitations
I. Transfer of Funds - In addition to viewing account information you may use Online Banking to conduct transfers of funds between your First Federal accounts. You may make one-time transfers or schedule future or recurring transfers such as transfers to make loan payments. You may transfer funds among your checking accounts, statement savings accounts, passbook savings accounts and Insured Money Market Fund Checking accounts. Transfers between First Federal accounts process immediately during banking hours once the transaction is confirmed. Transfers made after business hours will post to the appropriate account(s) the following business day. However, due to regulations that require us to limit transfers (including Online Banking transfers), the following limitations apply:
Accounts that require more than one signature for withdrawal can be set up for inquires and deposits but cannot be set up for transfers of funds from the account.
II. Additional Services - New services may be introduced for Online Banking as they become available. First Federal will notify you of the existence of these new services. By using these new services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.
Online Banking and Online Bill Pay Fees and Mobile Banking
First Federal offers the benefits and convenience of the Online Banking service to you free of charge. If you would like the additional convenience of paying bills and other payments from your Online Account to third parties you wish to pay, you can sign up for Online Bill Pay service through First Federal's Online Banking service. First Federal also offers Mobile Banking available on Iphone and Android Smartphone or IPad Tablets. The Online Bill Pay service is free of charge.
You will continue to receive your regular account statement monthly by mail until you sign up for e-statements. There is a separate agreement that must have an affirmative consent from you when enrolling for e-statements.
Use of Your Security Password and Access ID
You are responsible for keeping your Password, Access ID and Online Banking account information confidential. You agree to assume responsibility for all transactions conducted with your Password and Access ID, up to the limits allowed by applicable law.
Passwords on this system will be required to contain at least one alpha, one numeric and one special character. The password length must be between 8-16 characters. All Special Characters can be used except a space. Your password will not expire but can be changed at any time through the “Preferences” link at the top of the main landing page.
In order to protect yourself against fraud, you should adhere to the following guidelines:
As added security, your Online Banking, Online Bill Pay or Mobile session will “time out” after a default period of five (5) minutes of inactivity. You have the option of changing the “time out” period in the “Preferences” screen of Online Banking.
If you believe your Password has been lost or stolen, or if you suspect any fraudulent activity on your account, call (440) 282-6188 or 1-800-589-8850 between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, or between 9:00 a.m. and 1:00 p.m. on Saturdays. Telephoning us is the best way of minimizing your losses and liability. You may also write us at:
First Federal Savings of Lorain
3721 Oberlin Ave.
Lorain, OH 44053
If you believe your Password has been lost or stolen, or to simply change your Password on a regular basis, please use the Password Change edit feature within the “Preferences” section of our Online Banking web site. As an added security feature, your Password must be changed the first time you sign on to Online Banking when you first enroll.
For further information regarding your rights and responsibilities while conducting Online Banking, Online Bill Pay and all Electronic Funds transfers, please refer to the “Electronic Fund transfers - Your Rights and Responsibilities” of our Truth In Savings document on our web site:
If you send an e-mail message to First Federal, we will consider it received on the following business day. You agree that First Federal will have a reasonable amount of time to act on your e-mail message. You may not use e-mail to initiate transactions on your account(s). Neither should you rely on e-mail to report an unauthorized transaction from one of your accounts, or to stop a payment that is scheduled to occur.
First Federal may respond to you, or may be sending you unsolicited notifications by e-mail with regard to any matter related to the Online Banking or Bill Pay Services, including responding to any claim of unauthorized electronic funds transfer that you make. It is your responsibility to check your e-mail inbox periodically for these important responses and notifications. Any e-mail sent to you by First Federal will be considered received by you within three (3) calendar days of the date it was sent, regardless of whether or not you sign on to the Services within that time frame.
It is your responsibility to inform First Federal of a change in your e-mail address, and we will accept no liability for the non-receipt of an e-mail notification that is returned due to an invalid address.
IMPORTANT: E-mail transmissions outside of the Online Banking site are not secure. We advise you not to send us or ask for sensitive information such as account numbers, Password, accounts information, etc. via any general or public e-mail system.
All accounts with First Federal that you enroll in a Service will be linked by the tax identification number(s) (i.e. Social Security Number, Employee Identification Number) of the person(s) authorized to access the account. The linked accounts will appear together without regard to the ownership of the accounts. For example, if an authorized user of a linked account accesses the Services, that authorized user will be able to view and access at a single time the following accounts:
If you are a business, any authorized user of your business is authorized on such terms, conditions, and agreements as we may require to:
Consumer's Liability for Unauthorized Transfers
For policy concerning your liabilities for unauthorized transfers, refer to the Unauthorized Transfers - (a)Consumer Liability and the Error Resolution Notice portion of the "Electronic Fund Transfers -Your Rights And Responsibilities" section of our Truth In Savings document on our website:
Our Liability For Failure To Make A Transfer
In no event shall we be liable to you for failure to provide access to your Online Banking or Online Bill Pay services accounts. Unless otherwise required by applicable law, First Federal is only responsible for performing the Online Banking and Online Bill Pay services as stated in this Agreement. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for the amount of any material losses or damages incurred by you and resulting directly from our gross negligence. However, there are some exceptions. We will not be liable to you, for instance:
You agree to indemnify, defend and hold us, our affiliate companies, directors, officers, employees and agents harmless against any third party claim, demand, suit, action or other proceeding and any expenses related to an Online Banking, Online Bill Pay account, or Mobile Banking account.
Inactivity and Termination
This Agreement shall remain in full force and effect until termination. First Federal may immediately terminate your electronic banking privileges without notice to you if:
We will promptly notify you if we terminate this Agreement or your use of the Services for any other reason.
If you are not paying a monthly service charge for Online Bill Pay, we may convert your account to inactive status if you do not sign on to Online Banking during any consecutive 365-day period.
If you wish to terminate this agreement, you must notify First Federal and provide your name, address, the Service(s) you are discontinuing (Online Banking, Online Bill Pay, or Mobile), and the termination date of the Service(s). When Online Bill Pay is terminated, any pre-scheduled bill payments through Online Banking will also be terminated. Your final charge for the Online Bill Pay service (if applicable) will be assessed at the end of your statement cycle.
You may notify us by one of the following methods:
Your financial information, with respect to your account with First Federal, will be held in confidence. We will only disclose information to third parties about your account or the transfers you make:
General Terms and Conditions
First Federal may modify the terms and conditions applicable to the Online Banking, Online Bill Pay or Mobile Banking services periodically. We will notify you of any changes by mail or deliver a notice of the modifications to you at the address shown on our account records, or by sending you an electronic mail message (e-mail). The revised terms and conditions will be effective at the earliest date allowed by applicable law. We are not required to give you prior notice where an immediate change is necessary to maintain or restore the security of our system. We reserve the right to terminate this Agreement and your use of the Services, in whole or in part, at any time.
We may assign this Agreement to an affiliate of First Federal or any successor in the event of a merger, reorganization, change of control, acquisition or sale of all or substantially all assets of the business to which this Agreement is related without the other party's prior written consent.
E-Sign Disclosure and Consent
As a registered user of the Internet Banking services offered by First Federal Savings & Loan Association of Lorain, you now have the option to receive electronic monthly/periodic statements for any of your eligible statement savings and checking accounts (collectively referred to hereinafter as "deposit accounts" or "accounts") with us that are linked to and accessible through First Federal Savings’ Internet Banking System. In addition, this Online Banking E-Sign Disclosure and Consent (“Disclosure”) applies to All Communications for those products, services and accounts offered or accessible through Online Banking that are not otherwise governed by the terms and conditions of an electronic disclosure and consent.
The words “we,” “us,” and “our” refer to First Federal Savings & Loan of Lorain with whom you have your Account
and the words “you” and “your” mean you, the individual(s) or entity identified on the Account(s). As used in the Disclosure, “Account” means the account you have with us. “Communication” means any customer agreements or amendments thereto, monthly billing or account statements, tax statements, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to the product, service or Account, including but not limited to information that we are required by law to provide to you in writing.
Scope of Communications to Be Provided in Electronic Form
You agree that we may provide you with any Communications that we may choose to make available in electronic format, to the extent allowed by law, and that we may discontinue sending paper Communication to you, unless and until you withdraw your consent as described below. Your consent to receive electronic communications and transactions includes, but is not limited to:
All legal and regulatory disclosures and communications associated with the Account or the product or service available through Online Banking for your Account. As an example, we may choose to send by e-mail legally required notification of changes to terms and conditions related to Online Banking.
Method of Providing Communications to You in Electronic Form
All Communications that we provide to you in electronic form will be provided either (1) via e-mail, (2) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, (3) to the extent permissible by law, by access to a web site that we will generally designate in advance for such purpose, or (4) by requesting you download a PDF file containing the Communication.
How to Withdraw Consent
You may withdraw your consent to receive Communications in electronic form by calling us at either 800-589-8850 (toll free) or 440-282-6188, or by contacting your nearest First Federal Savings branch location. At our option, we may treat your providing of an invalid e-mail address, or the subsequent malfunction of a previously valid e-mail address, as a withdrawal of your consent to receive electronic Communications. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications; however your access and use of several Online Banking services may be terminated. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal.
How to Update Your Records
It is your responsibility to provide us with a true, accurate and complete e-mail address, contact, and other information related to the Disclosure and your Account(s), and to maintain and update promptly any changes in this information. You can update information (such as your e-mail address) through Online Banking, by calling us at either 800-589-8850 (toll free) or 440-282-6188, or by contacting your nearest First Federal Savings branch location.
Hardware and Software Requirements
In order to access, view, and retain electronic Communications that we make available to you, you must have:
Requesting Paper Copies
We will not send you a paper copy of any Communication which is available electronically from First Federal Savings, unless you request it, or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, call us at either 800-589-8850 (toll free) or 440-282-6188, or contact your nearest First Federal Savings branch location. We may charge you a reasonable service charge, of which we have provided you prior notice, for the delivery of paper copies of any Communication provided to you electronically pursuant to this authorization. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.
Communications in Writing
All Communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download for your records a copy of this Disclosure and any other Communication that is important to you.
You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
Termination / Changes
We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law. If we take any such action, we shall make the necessary changes to any affected account so as to allow for the delivery of any related account statements or disclosures by mail or as otherwise provided under the original terms of the applicable account agreement with us.
The laws of the State of Ohio and applicable federal law govern this Entire Agreement.