Funds Availability Policy Disclosure
We strive to be honest and transparent in all that we do, sharing with you the integrity of our products and services. Our disclosures and terms and conditions are here to ensure you have access to all the information you need about the conditions we develop for our products, always with the goal of serving you to the best of our ability. If there are any questions, we welcome your call.
PURPOSE OF THIS DISCLOSURE. Our general policy is to allow you to withdraw funds deposited in a transaction account by the first Business Day after the day of deposit. Funds from electronic direct deposits will be available on the day we receive the deposit. In some cases, we may delay your ability to withdraw funds beyond the first Business Day after the day of deposit. Our complete policy is summarized below.
For purposes of this disclosure, the terms "you"/"your" refer to the customer and the terms "our"/"we"/"us" refer to First Federal Savings. Generally, transaction accounts are accounts which would permit an unlimited number of payments by check to third persons, and also an unlimited number of telephonic and preauthorized transfers to third persons or other accounts you may have with us.
DETERMINING THE AVAILABILITY OF YOUR DEPOSIT. The length of the delay varies depending on the type of deposit and is explained below. When we delay your ability to withdraw funds from a deposit, you may not withdraw the funds in cash, and we will not pay checks you have written on your account by using these funds. Even after we have made funds available to you and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit.
When we delay your ability to withdraw funds, the length of the delay is counted in Business Days from the day of your deposit. The term "Business Day" means any day other than a Saturday, Sunday or federally declared legal holiday, and the term "Banking Day" means that part of any Business Day on which we are open to the public for carrying on substantially all of our banking functions. If you make a deposit before the close of business on a Business Day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after the close of business or on a day that we are not open, we will consider the deposit made on the next Business Day we are open.
AVAILABILITY SCHEDULE
Same Day Availability. Funds from deposits of:
• electronic direct deposits
• cash*
• wire transfers
will be available on the day of deposit.
Next Day Availability. Funds from deposits of:
• U.S. Treasury checks**
• U.S. Postal Service money orders**
• Federal Reserve Bank or Federal Home Loan Bank checks**
• State or Local Government checks**
• Cashier's, Certified, or Teller's checks**
• checks drawn on us
will be available by the first Business Day after the day of deposit.
Other Check Deposits. Funds from all other check deposits will be available by the first Business Day after the day of your deposit.
* Cash Deposits. If the cash deposits are made in person to an employee of First Federal Savings, then the funds will be made available on the day we receive your deposit. If the deposits are not made in person to an employee, then the funds will be made available no later than the second Business Day after the day of your deposit.
** Check Deposits. Check deposits include U.S. Treasury checks; U.S. Postal Service money orders; Federal Reserve Bank or Federal Home Loan Bank checks; State or Local Government checks; and Cashier's, Certified, or Teller's checks. In order for these check deposits to be made available according to the funds availability schedule above, the following conditions are required:
U.S. Treasury Checks. These checks must be made payable to you and deposited into your account.
U.S. Postal Service Money Orders; Federal Reserve Bank or Federal Home Loan Bank Checks; State or Local Government
Checks; or Cashier's, Certified, or Teller's Checks. These checks must be made payable to you, made in person to one of our employees, and deposited into your account. If any of these conditions are not satisfied, then the funds from these check deposits will be made available no later than the second Business Day after the day of your deposit.
LONGER DELAYS MAY APPLY. In some cases, we will not make all of the funds that you deposit by check available to you according to the previously stated availability schedule. Depending on the type of check that you deposit, funds may not be available until the first Business Day after the day of your deposit. The first $225.00 of your deposits, however, may be available on the day of deposit.
If we are not going to make all of the funds from your deposit available to you according to the previously stated availability schedule, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit.
Funds you deposit by check may be delayed for a longer period under the following circumstances:
(a) if we believe a check you deposit will not be paid;
(b) if you deposit checks totaling more than $5,525 on any one day;
(c) if you redeposit a check that has been returned unpaid;
(d) if you have overdrawn your account repeatedly in the last six months; or
(e) if an emergency condition arises that would not enable us to make the funds available to you, such as the failure of computer or communications equipment.
We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh Business Day after the day of your deposit. If you will need the funds from a deposit right away, you should ask us when the funds will be available.
HOLDS ON OTHER FUNDS FOR CHECK CASHING. If we cash a check for you that is drawn on another financial institution, we may withhold the availability of a corresponding amount of funds that are already in your account. Those funds will be available at the time funds from the check we cashed would have been available if you had deposited it.
HOLDS ON OTHER FUNDS IN ANOTHER ACCOUNT. If we accept for deposit a check that is drawn on another financial institution, wemay make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.
SPECIAL RULES FOR NEW ACCOUNTS. If you are a new customer, the following special rules may apply during the first 30 days your account is open.
Funds from electronic direct deposits to your account and checks drawn on us will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,525 of a day's total deposits of U.S. Treasury checks, U.S. Postal Service money orders, cashier's, certified, teller's, traveler's, and federal, state and local government checks will be available by the first Business Day after the day of deposit if the deposit meets certain conditions. For example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over $5,525 will be available by the seventh Business Day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,525 will not be available until the first Business Day after the day of deposit.
Other Check Deposits. Funds from all other check deposits will be available by the 7th Business Day after the day of deposit.
ADDITIONAL DEPOSIT INFORMATION. Checks drawn on financial institutions outside of the United States (foreign checks) are not accepted for deposit or negotiation.
Explanation of Terms
Internet Banking is the Internet-based service providing off-site and electronic access to your account(s) through the use of computers, cell-phones or other mobile devices designed to access and communicate through the Internet under the terms set forth in this Agreement.
Mobile Deposit is the Internet-based service allowing for the electronic deposit of a check to your First Federal Savings account(s) under the terms set forth in this Internet Banking Terms and Conditions Agreement.
Online Account is a First Federal Savings account from which you will be conducting transactions through Internet Banking.
Bill Payment is the Internet-based service providing payments to First Federal Savings or to third parties from your designated checking account(s). Refer to the Terms and Conditions within Bill Payment for additional information.
Bill Pay Account is the checking account from which you initiate a bill payment.
Business Day refers to Monday through Friday, excluding Federal Holidays.
If an external ACH transaction is initiated after 3:00 PM EST Monday thru Friday, it will generally be initiated the next day, excluding Federal holidays, Saturdays and Sundays.
Checks deposited using Mobile Deposit prior to 5:00 PM EST Monday thru Friday, are generally deposited to your account on the following day, excluding Federal holidays. Checks deposited using Mobile Deposit on Saturday or Sunday, are generally deposited to your account on the following Monday, excluding Federal holidays.
Password is a combination of numbers, letters and special characters that you select after the initial sign-on that establishes your connection to Online Banking.
User Name is a combination of numbers, letters and special characters that you select to identify you as an authorized user on an account you are accessing through your connection to Online Banking.
Time of Day refers to Eastern Standard Time
We, Us, Our and First Federal Savings refer to First Federal Savings and Loan Association of Newark which offers the Services provided in this Agreement and holds the accounts accessed by Online Banking.
First Federal Savings will provide online instructions describing how to use Internet Banking. To gain access to Internet Banking you will need your User Name and your Password.
Mobile Banking will use the same User Name and Password
Internet Banking is generally available 24 hours a day, 7 days a week, except during special maintenance and upgrade periods.
You agree not to allow anyone to gain access to Internet Banking or to let anyone know your password used with Internet Banking. You agree to assume responsibility for all transactions initiated through Internet Banking with your First Federal Savings User Name, up to the limits allowed by applicable law. While First Federal Savings continues to provide our customers with the level of online security we believe necessary and appropriate, customers who share their User Name and passwords are giving up the full benefit of our security measures and legal protections to which they might be entitled. No First Federal Savings employee will ever call and ask for your User Name or Password.
If your password has been lost or stolen or is known by someone other than you please call First Federal Savings immediately at 1-800-783-3494, Internet Banking, Monday through Friday 9:00AM to 5:00PM or Saturday from 9:00AM to 12:00PM. During closed hours please leave a voice message so we can contact you the next business day. Telephoning First Federal Savings is the best way of minimizing your losses. You may also restore the security of your Internet Banking by immediately changing your password. If you believe your password has been lost or stolen or is known by someone other than you and you notify us within two (2) business days after you learn of the loss or theft, you can lose no more than $50.00 if someone uses your password to conduct unauthorized electronic funds transfers without your permission. If you do NOT notify us within two (2) business days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password to conduct unauthorized electronic funds transfers without your permission if you had told us, you could lose as much as $500.00
In addition to viewing account information, you may use Internet Banking to conduct the following transactions:
Transfer funds between your First Federal Savings accounts (checking, savings, money market) and external deposit accounts at other financial institutions.
Make payments to your loan or line of credit account
Initiate Bill Payments
Deposit checks via Mobile Deposit
Person to Person payments
NOTE: Because regulations require First Federal Savings to limit preauthorized transfers (including Internet Banking transfers), the following limitations apply:
Statement Accounts: You can make no more than six (6) transfers per statement period by pre-authorized, automatic transfer, telephone transfer or Internet Banking.
Money Market Account: You can make no more than six (6) transfers per statement period by pre-authorized, automatic transfer, telephone transfer, Internet Banking, check, draft or debit card.
New services may be introduced for Internet Banking from time to time and at any time. First Federal Savings will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.
Please refer to the Terms and Conditions statement after accessing the Bill Payment Service in Internet Banking.
You will continue to receive your regular account statements either monthly or quarterly, depending on the type of account.
IF YOUR STATEMENT SHOWS TRANSFERS THAT YOU DID NOT MAKE, notify First Federal Savings immediately at 1-800-783-3494 or send a letter describing the unauthorized transfers to:
First Federal Savings
Attention: Savings Operations
P O Box 4460
Newark, Ohio 43058-4460
If you do not notify First Federal Savings within sixty (60) days after the statement was mailed to you, you may not recover any money lost after the sixty (60) days which would not have been lost if First Federal Savings had been notified within this sixty (60) day time limit.
In case of errors or questions regarding your Internet Banking or Bill Payment transactions or if you think your statement is wrong or if you need more information about a transfer listed on your statement, call or write us at the telephone number or address listed below as soon as you can. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. Your communication with us in this regard, either made orally or in writing, must: Tell us your name and account number.
Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. Tell us the date and dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or questions in writing within 10 business days of the date you contact us.
We will determine whether an error occurred within 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 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 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 to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we will not credit your account.
For errors involving new accounts, point-of-sales, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation, by sending a written request to the following address:
First Federal Savings
Attention: Retail Deposit Operations
P O Box 4460
Newark, Ohio 43058-4460
Phone: 1-800-783-3494
You agree that First Federal Savings may respond to you by email with regard to any claim of unauthorized electronic fund transfer related to Internet Banking. Any such electronic mail sent to you by First Federal Savings shall be considered received within three (3) business days of the date sent by First Federal Savings.
You may add additional users to your Internet Banking profile and provide each with a separate User Name and Password. You may authorize other users and control their scope of activities by designating user levels, access levels, and account settings. For each user, you can designate which account(s) the user will have access to. You may also place limits on the types of transactions for each account to which the user is granted access. You may also designate the user level either as "user" or "Administrator." An Administrator is a user who is able to create additional users and to edit and monitor other users. An Administrator is not eligible to enroll in other online business services or grant levels of access to other users that have not been granted to the Administrator.
For each account linked to your Internet Banking, you can designate each user's access level and account settings. Access Level means either Transactional Access, View Access or No Access. You agree that by granting Transactional Access to an account you will be allowing a user to transfer funds, make payments, perform account maintenance, and view account balances and activity on the account, subject to the selected account or general service settings. You agree that users have Transactional Access unless otherwise specified by you or an Administrator. View Access allows a user to only view account balances and activity, subject to the selected account or general service settings.
Account settings are levels of access and transactional limits that you and/or an Administrator may select for each user. In addition to specifying Transactional Access, View Access, or No Access for a user of an account, you can also specify certain other account settings, including transaction limitations as provided on our web site. You may also designate certain "general service settings," which are global settings that may affect more than one account. These include Transactional Access Bill Pay. There are additional controls available for the Bill Pay option. If you select to enable Transactional Access Bill Pay for a user, that user will automatically have Transactional Access to all the accounts that you have set up for Bill Pay, and the user will be able to pay bills using the Bill Pay feature and set up new payees. You may, however, designate limited access for a user of Bill pay, which will permit the user to have Transactional Access for specific accounts and existing payees only. For the Bill Pay functionality, you may limit a user to use only certain specified accounts. In addition to designating general service settings, you can also provide additional account settings on certain eligible accounts, such as allowing a user to view statements, view check images or make transfers for the selected accounts. Any user that you have allowed to make transfers will be able to see the last name and last 4 digits of account number for all transfer recipients created by you, an Administrator or any other user, even those that the user did not initiate.
You are responsible for, and we will have no liability to you, for any payments, transfers, or other transactions performed on any account linked to this service that are made by a designated user or Administrator using the User Names an Passwords you or an Administrator assign. Our liability is limited to unauthorized use of User Names and Passwords for payments,transfers, or other transactions performed on any account linked to this service that occur after you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice.
You are responsible to remove any users you or your Administrator has given access authority at any and all levels.
First Federal Savings agrees to make reasonable efforts to ensure full performance of Internet Banking. First Federal Savings will be responsible for acting only on those instructions sent through Internet Banking, which are actually received, and cannot assume responsibility for circumstances over which First Federal Savings has no direct control. This includes, but is not limited to the failure or malfunctions in communication facilities which may affect the accuracy or timeliness of messages you send. First Federal Savings is not responsible for any losses should you give incorrect or incomplete instructions or if your payment instructions are not given sufficiently in advance to allow for timely payment or delays in mail service.
Any information provided by First Federal Savings to you is provided on a best-efforts basis for your convenience and is not guaranteed to be accurate and complete. First Federal Savings is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information or for any investment or other decision made using this information.
First Federal Savings is not responsible for any fees incurred for Internet access, or for any computer virus or related problems that may be attributable to Internet Banking provided by any Internet access service provider.
You are responsible for obtaining, installing, maintaining, and operating all device hardware and software, and Internet access services necessary for you to perform Internet Banking. First Federal Savings will not be responsible for any errors or failures from the malfunction or failure of your hardware or software, or any Internet access services.
The limit of First Federal Savings liability shall be as expressly set forth herein. You agree that under no circumstances will First Federal Savings be liable in contract, tort, or otherwise for any loss, property damage, bodily injury, or any direct, indirect, special, incidental, compensatory, consequential or economic damages, whether or not foreseeable, arising in any way from any Internet Banking or any services related thereto, unless otherwise stated herein. By consenting to use Internet Banking, you agree to waive any and all right to any of the damages described above, and you acknowledge that the limit of your remedy is as otherwise expressly set forth herein.
First Federal Savings will be responsible for your actual losses if they were directly caused by our failure to complete a transfer to or from your account on time or in the correct amount according to the Agreement.
However, we will not be responsible for your losses if: Through no fault of ours, you do not have enough money in your account to make the transfer.
The transactions were completed by an authorized signer or administrator assigned by you whether they have Transactional Access or View Access only
You have an overdraft line and the transfer would go over the credit limit.
Circumstances beyond our control (e.g., fire, flood, power outage, computer virus or related problems, mail delivery delays, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken.
There is a hold on your account or if access to your account is blocked in accordance with banking policy.
Your funds are subject to legal process or other encumbrance restricting the transfer.
Your transfer authorization terminates by operation of law.
You believe someone has accessed your accounts without your permission and you fail to notify First Federal Savings.
You have not properly followed the scheduling instructions, included in this Agreement, to make a transfer or the payee refuses the transaction.
For the failure of any payee to correctly account for or credit the payment in a timely manner.
We have received incomplete or inaccurate information from you or a third party involving the account or transfer.
For changes to the payee's address or account number (unless you have advised us of the change within seven business days in advance).
We have reason to believe that unauthorized use of your password or account has occurred or may be occurring, or if you default under this Agreement, the Deposit Account Agreement, a Credit Agreement, or any other agreement with us, or if we or you terminate this Agreement.
There may be other exceptions stated in this Agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental, consequential, special, indirect or economic damages.
If any of the circumstances listed above shall occur, we shall assist you within reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct erroneous transactions that have been processed.
If you send First Federal Savings an electronic mail message First Federal Savings will be deemed to have received it on the following business day. Emails will be answered within a reasonable time frame.
You should not rely on email if you need to communicate with First Federal Savings immediately (e.g., report an unauthorized transaction or place a stop payment).
You agree that First Federal Savings may respond to you by email with regard to any matter related to Internet Banking, including responding to any claim of unauthorized electronic funds transfers that you make. Any such email sent to you by First Federal Savings shall be considered received within three (3) days of the date sent by First Federal Savings.
Internet email communication is not considered to be a secure form of communication. For bank account inquiries you agree to contact First Federal Savings electronically using only the secure messaging feature on the online banking system. You also agree that any communication from us to you regarding your online banking accounts including any disclosures or other information required to be delivered in writing under applicable law may be delivered to you in electronic form and that such electronic communication shall be in lieu of written communication. This includes electronic delivery of changes in terms notices affecting your use of online banking.