Terms & Conditions
We strive to be honest and transparent in all that we do, sharing with you the integrity of our products and services. Our 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.
First Federal Savings and Loan Association of Newark Internet Banking
Federal regulations require consumer consent to receive electronically the Internet Banking Terms and Conditions Agreement before proceeding with establishing First Federal Savings and Loan Association of Newark’s Online Banking service.
You are responsible for obtaining, installing, maintaining and operating all device hardware, 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, software, or any Internet access services.
A personal device with Internet access, an email address and a First Federal Savings account are required to get started.
For your Internet browser, you will need either Microsoft Internet Explorer; Safari, Google Chrome, Mozilla Firefox or Microsoft Edge. Internet Banking supports the latest version plus the previous version for the listed browsers.
Internet Banking Terms and Conditions Agreement (Sometimes hereinafter referred to as the “Agreement”).
The following Agreement describes your rights and obligations as a user of Internet Banking and/or the Bill Payment Service as well as the rights and obligations of First Federal Savings and Loan Association of Newark (“First Federal Savings”). Please read this Agreement carefully. As an authorized account holder you must abide by the terms and conditions of this Agreement and those agreements provided to you at the time your account was opened.
Customer Disclosure and Agreement to Receive Electronic Communications.
By selecting the "I Accept" button below, you are (1) acknowledging your receipt of the information listed below, (2) agreeing that any contract you enter into with First Federal Savings for the provision of Online Banking may be in electronic form, and (3) agreeing that information that may be delivered in connection with Online Banking may also be in electronic form.
You are also acknowledging, by selecting the “I Accept” button below, receipt of the Agreement and the following information and agree that: You will check your email regularly for notices from First Federal Savings.
You are providing accurate, current and truthful registration and contact information (including your email address) and that you will keep this information up-to-date with First Federal Savings. We may provide you with this Agreement and any revisions and amendments thereto in electronic form, and that, if you choose to accept the Agreement, you are consenting to enter into and are entering into an Agreement electronically that will govern all future transactions you conduct using Internet Banking.
We may provide you revisions and amendments to the Agreement and such other information, including but not limited to information under Regulation E, Funds Availability and under other applicable banking or financial services laws or regulations in connection with Internet Banking, electronically as a part of the Agreement or otherwise as a part of the services. While you may print and retain a copy of the Agreement or any information provided to you in relation to Internet Banking, we only provide these documents electronically. You have a right at any time to withdraw your consent to receive information electronically. However, because the Agreement and the information are provided only in electronic format, your withdrawal of consent will terminate this Agreement and all Internet Banking privileges.
If you wish to withdraw consent to receive information electronically, you should visit one of our branch locations or write a letter requesting any of the above and send it to:
First Federal Savings
Attention: Online Banking
P O Box 4460
Newark, Ohio 43058-4460
Internet banking alerts allows you to set up automated alert events. You may select alert events that apply to your account from a list of alert event categories established by First Federal Savings. You are notified by email that an account alert event is in your Internet Banking Message Box within the Internet Banking site. Email notification will be sent to the email address you provide when creating the alert event. Alert events can also be sent to the mobile phone number you provide. With respect to alert events, you understand and agree that: First Federal Savings may from time to time add or remove types of alerts available to be used by you on the list of alert categories.
If you change your email address or mobile phone number you are responsible for changing this in the alerts you have already set up. Alerts may be delayed or prevented for a variety of reasons.
We do not guarantee the delivery or validity of the contents of any alert. We shall not be liable for any delays, delivery failure or misdirected delivery of any alert.
We shall not be liable for any actions taken or not taken by you or anyone else in reliance of an alert. First Federal Savings will never include your password or full account number in an alert; however you understand that alerts may include your name and some information about your accounts.
Distributed events (events that have happened and have been viewed) will remain on the system until deleted by you.
In addition to this Agreement, you and First Federal Savings agree to be bound by and comply with the requirements of the agreements applicable to each of your Internet Accounts. Your use of Internet Banking is your acknowledgement that you have received these Agreements and intend to be bound by them. You should review other disclosures you received when you opened your accounts with First Federal Savings, including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule at the end of this Agreement. All terms and conditions of the disclosures provided to you at account opening, including but not limited to, the Truth-in-Savings, Regulation E, Funds Availability, Deposit Account Agreement, and Conditions apply to Online Banking.
First Federal Savings may modify the terms and conditions applicable to Internet Banking from time to time, or at any time, upon mailing or delivering a notice of the modifications to you at the address we have on record, and the revised terms and conditions shall be effective at the earliest date allowed by applicable law. We may send any notice to you via electronic mail and any such notice shall be considered received within three (3) days after it was sent. We reserve the right to terminate this Agreement and your use of Internet Banking in whole or in part at any time without prior notice.
If we initiate any legal action to collect money owed to us under this agreement, including any counterclaim, you agree to pay all our costs for such action, including any reasonable attorneys' fees. This provision does not apply to action in connection with any credit account. In such cases, the credit agreement will govern these costs.
You may request a copy of First Federal Savings’ Privacy Statement at any of our branches or one can be mailed to you by calling 1-800-783-3494 or writing a letter requesting a copy of the Statement and sending it to:
First Federal Savings
Attention: Online Banking
P O Box 4460
Newark, Ohio 43058-4460
You are responsible for complying with all the terms of this Agreement and with the terms of the Agreement governing the deposit accounts which you access using electronic banking services. We have the right to terminate your Internet Banking privileges (including the Bill Payment service) under this Agreement without notice to you for any reason; or if you do not pay any fee required by this Agreement when due, if you do not comply with the Agreement governing your deposit or loan accounts, or your accounts are not in good standing.
We may convert your account to inactive status if you do not sign on to Internet Banking or have any transaction scheduled through Internet Banking during an extended period.
To cancel your ability to use the Internet Banking, you must notify First Federal Savings. Your notification must include your name, address, and the effective date to stop Internet Banking. You may notify First Federal Savings by one of the following methods:
- By emailing [email protected]
- By calling 1-800-783-3494 (Internet Banking)
- By sending a letter to: First Federal Savings
Attention: Online Banking
P O Box 4460
Newark, Ohio 43058-4460
This Agreement is governed by the laws of Ohio and applicable federal laws.
First Federal Savings offers the benefits and convenience of Internet Banking and Bill Payment to you with no monthly service charge. Account research, stop payment charges and overdraft charges will be assessed at the rates published in our Fee Schedule and deducted from your First Federal Savings account.
All fees are subject to change. In the future, fees may be charged for Internet Banking Services. First Federal Savings will notify you in writing regarding any fee changes or additions at least 30 days in advance of the effective date of these changes.
Mobile Deposit Disclosure
By clicking the “I Accept” button when you register for the Mobile Deposit Service or by using the Mobile Deposit Service, you agree to the terms and conditions of this Disclosure, as they
may be amended from time to time.
MOBILE DEPOSIT SERVICE FOR CONSUMERS
1. Mobile Deposit Service. This Mobile Deposit Service Disclosure (the “Disclosure”) contains the terms and conditions governing the use of First Federal Savings’ (“Bank”, “we”, “our” or “us”) Mobile Deposit Service (the “Mobile Deposit”). Mobile Deposit is designed to allow you to make deposits of paper checks (“Original Checks”) to the Personal Deposit Account(s) or Small Business Deposit Accounts (or such other deposit account(s) as we may permit from time to time) that you designate during the enrollment process (“Mobile Deposit Account(s)”) from home or other remote locations using your eligible camera-enabled Mobile Device to capture images of the Original Checks and then transmit the digital images and associated deposit information (“Images”) to us or our Processor with your Mobile Device. This Disclosure supplements the terms of your Account Agreements, the terms and conditions of your Internet Banking Service Agreement and Disclosure (the “Internet Banking Agreement”), each as may be amended from time to time. The terms and conditions of your Account Agreements and the Internet Banking Agreement are incorporated by reference and made a part of this Disclosure. In the event of a conflict between the Account Agreements or the Internet Banking Agreement and this Disclosure as it regards Mobile Deposit, the terms and conditions of this Disclosure shall control. Any capitalized terms not defined in this Disclosure shall have the meaning provided in the Internet Banking Agreement. When we use the terms “you” or “your” in this disclosure, it means a First Federal Savings customer that has enrolled for use of Mobile Deposit.
2. Eligibility & Enrollment. In order to use Mobile Deposit, you must: (a) be enrolled in Internet Banking, which includes Mobile Banking; and (b) have an eligible Mobile Device. Only certain camera-enabled Mobile Devices may be used with Mobile Deposit, as specified by us from time to time. It is your responsibility to provide us with accurate, complete and current information about you and your Mobile Device (including your telephone number, the telecommunications carrier, and your email address), and to notify us immediately if any of this information changes or if service to your Mobile Device is terminated. We reserve the right to refuse or cancel your registration for Mobile Deposit if we cannot verify information about you and/or your Mobile Device and accordingly you agree to all of the terms and conditions set forth in this Disclosure with respect to Mobile Deposit.
3. Acceptance of Terms. By using or continuing to use Mobile Deposit, you agree to the terms of this Disclosure, and any changes to such terms and conditions that apply to your use of Mobile Deposit, as of the effective date of such changes or amendments. If you do not agree with these terms (as may be amended from time to time), you may not use Mobile Deposit. Your agreement will be deemed effective for as long as you use Mobile Deposit.
4. Charges for Mobile Deposit. You agree to pay for any charges we may assess for Mobile Deposit in accordance with our current Fee Schedule, as may be amended from time to time, or you may elect to terminate use of Mobile Deposit. We will advise you of any fee changes prior to implementing them to the extent and as required by applicable law. You authorize us to automatically charge the Mobile Deposit Account into which the deposit was made for all such fees incurred in connection with Mobile Deposit. In the future, we may add to or enhance the features of Mobile Deposit. By using such added or enhanced features, you agree to pay for them in accordance with our Fee Schedule.
5. Deposit Limits. We may establish or change daily and/or monthly limits on the dollar amount and/or number of items or deposits from time to time in our sole discretion. You may contact us at 740-345-3494 for more information about the specific limits. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Disclosure, and we will not be obligated to allow such a deposit at other times.
Each applicable limit is a per authorized user or signer limit. For example, if you have two authorized users or signers (e.g., joint owners of a Mobile Deposit Account) and each of the two authorized users or signers downloads the Mobile App, each authorized user or signer may make deposits up the applicable limits. The standard limits may be adjusted on a per customer basis as agreed to by Bank in its sole and exclusive discretion.
6. Eligible Items. You hereby agree that you will only scan and deposit a check(s) as that term is defined in Federal Reserve Board Regulation CC (“Reg CC”). You agree that the Image of the check that is transmitted to the Bank (each such check and other item is referred to in this Addendum as a “Check” and, if more than one, “Checks”) shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code (1990 Official Text). You also acknowledge and agree that deposits that you make using Mobile Deposit are not “Electronic Fund Transfers” as that term is defined in Consumer Financial Protection Bureau’s Regulation E. You further agree that you will not use Mobile Deposit to deposit any Checks or other items (considered ineligible or “Prohibited Checks”) that:
- are payable to any person or entity other than yourself or otherwise to the owner of the Mobile Deposit Account that the item is being deposited into (i.e., a third-party check);
- are prohibited by our then-current procedures pertaining to Mobile Deposit or are in violation of any law, rule or regulation;
- you know or suspect, or should know or suspect, are altered on the front of the item, fraudulent or otherwise not authorized by the owner of the account on which the Checks are drawn;
- have been previously endorsed by a bank and are either “substitute checks” (as defined in Reg CC or other applicable federal law or regulation) or “image replacement documents” that purport to be substitute checks unless we expressly agree otherwise;
- are payable jointly, unless deposited into a deposit account in the name of all payees;
- are remotely created checks, as defined in Reg CC, or are remotely created payment orders;
- are not payable in United States currency;
- are dated more than six (6) months prior to the date of deposit or contain a date in the future;
- have any endorsement on the back other than that specified in this Disclosure;
- have previously been submitted through Mobile Deposit or through a remote deposit service offered at any other financial institution; and are not acceptable to us for deposit into a deposit account as provided in the Account Agreement.
If you deposit a Prohibited Check, as described above, you agree to indemnify and reimburse us for, and hold us harmless from and against, any and all losses, costs and expenses (including reasonable attorneys’ fees) that we may incur associated with any warrant, indemnity or other claim related thereto.
7. Requirements. You understand that you must, and hereby agree, at your sole cost and expense, to use a Mobile Device that meets all technical requirements for the proper delivery of Mobile Deposit and that fulfills your obligation to obtain and maintain secure access to the Internet. You understand and agree you may also incur, and shall pay, any and all expenses related to the use of Mobile Deposit, including, but not limited to, telephone service or Internet service charges. You are solely responsible for the payment of any and all costs and expenses associated with meeting and maintaining all technical requirements and additional items necessary for the proper use of Mobile Deposit. You understand and agree that you are solely responsible for the operation, maintenance and updating of all equipment, software and services used in connection with Mobile Deposit and the cost thereof, and you hereby agree that you will perform, or cause to be performed, all vendor recommended maintenance, repairs, upgrades and replacements. We are not responsible for, and you hereby release us from, any and all claims or damages resulting from, or related to, any computer virus or related problems that may be associated with using electronic mail or the Internet. We are not responsible for, and you hereby release us from, any and all claims or damages resulting from, or related to, defects in or malfunctions of your Mobile Device and/or any associated hardware or software, or failures of or interruptions in any electrical, telephone or Internet services. We hereby advise you, and you hereby agree to scan your Mobile Device and/or any associated hardware or software on a regular basis using a reliable virus detection product in order to detect and remove viruses.
Each Image must provide all information on the front and back of the Original Check at the time presented to you by the drawer, including, but not limited to, information about the drawer and the paying bank that is preprinted on the Original Check, MICR information, signature(s), any required identification written on the front of the Original Check and any endorsements applied to the back of the Original Check. The image quality must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association. Not all Mobile Devices that are camera enabled will produce satisfactory images for Mobile Deposit. If the image produced by your Mobile Device is not satisfactory, the Image for remote deposit may be rejected as described below in Section 8.
Endorsements must be made on the back of the Check and must include your signature and “FOR MOBILE DEPOSIT ONLY,” or as otherwise specified by us from time to time. Any loss we incur from a delay, processing error or any other action resulting from an irregular endorsement or other markings by you will be your responsibility.
A Check payable to two payees must be endorsed by both payees. If the Check is payable to you or your joint owner, either of you can endorse it. If the Check is made payable to you and your joint owner, both of you must endorse the Check and it must be deposited into a Mobile Deposit Account owned by both of you.
8. Receipt of Deposit. All Images processed for remote deposit through Mobile Deposit will be treated as “deposits” under the Account Agreement and the Internet Banking Agreement. Once submitted, you will receive an email indicating that your remote deposit was received. After processing, you will receive another email that will indicate one of the following statuses: (1) the deposit was ACCEPTED as presented; (2) the deposit was ACCEPTED and adjusted; or (3) the deposit was REJECTED. You may also check on the status of a deposit made through Mobile Deposit by selecting “View Deposit History” on the “Deposit a Check” tab within Mobile Deposit. Notwithstanding the fact that we have accepted a Mobile Deposit for processing, any credit made to your Mobile Deposit Account shall be provisional as further described in Section 10 below, and you shall remain liable to us for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against us.
We shall have no liability to you for the rejection of a deposit through Mobile Deposit or the Images or other information contained therein or for our failure to notify you of such rejection. We are not responsible for any Image that we do not receive.
Following receipt, we may process the Image by preparing a “substitute check” or clearing the item as an Image.
We reserve the right, at our sole and absolute discretion, to reject any Image for remote deposit into your Mobile Deposit Account. We will use commercially reasonable efforts to notify you of rejected Images by phone, email or other means.
9. Retention of Original Checks. You must securely store the Original Check for forty-five (45) Calendar Days after transmission to us and make the Original Check accessible to us at our request. Upon our request from time to time, you will deliver to us within two (2) Business Days, at your expense, the requested Original Check in your possession. If not provided in a timely manner, such amount will be reversed from your Mobile Deposit Account. Promptly after such period expires, you must destroy the Original Check by first marking it “VOID” and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of an Original Check, the Image will be the sole evidence of the Original Check.
You agree that you will never deposit the Original Check or present the Original Check to us or anyone else for payment. You understand that you are responsible if anyone is asked to make a payment based on an Original Check that has already been paid.
10. Returned Deposits. Any credit to your Mobile Deposit Account for Checks deposited using Mobile Deposit is Provisional. As used herein, “Provisional” means that the credit for the deposit is made to your Mobile Deposit Account subject to final payment of the Checks and subject to the terms of the Account Agreement. If Original Checks deposited through Mobile Deposit are dishonored, rejected or otherwise returned unpaid by the drawee bank, or are rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the Image, you agree that an Original Check will not be returned to you, but that we may charge back the amount of the Original Check and provide you with an Image of the Original Check, a paper reproduction of the Original Check or a substitute check. You will reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned item. Without our approval, you shall not attempt to deposit or otherwise negotiate an Original Check if it has been charged back to you.
We may set-off against any of your Personal Deposit Accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.
11. Your Warranties. You make the following warranties and representations with respect to each Image:
- Each Image is a true and accurate rendition of the front and back of the Original Check, without any alteration, and the drawer of the Check has no defense against payment of the Check.
- The amount, payee(s), signature(s), and endorsement(s) on the Image and on the Original Check are legible, genuine, and accurate.
- You will not deposit or otherwise endorse to a third party the Original Check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the Original Check or a paper or electronic representation of the Original Check such that the person will be asked to make payment based on an item that has already been paid.
- There are no other duplicate Images of the Original Check.
- The Original Check was authorized by the drawer in the amount stated on the Original Check and to the payee(s) stated on the Original Check.
- You are authorized to enforce and obtain payment of the Original Check.
- You have possession of the Original Check and no party will submit the Original Check for payment.
With respect to each Image, you make to us all representations and warranties that we make or are deemed to make to any party pursuant to law, regulation or clearinghouse rule. You agree that files and Images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
12. Compliance with Law. You will use Mobile Deposit for lawful purposes and in compliance with all applicable laws, rules and regulations. You agree to comply with all existing and future operating procedures used by us for processing of transactions. You further agree to comply with, and be bound by, all applicable state or federal laws, rules, regulations, orders, guidelines, operating circulars and pronouncements, affecting Checks and items, including, but not limited to, all rules and procedural guidelines established by the Board of Governors of the Federal Reserve and any clearinghouse or other organization in which we are a member or to which rules we have agreed to be bound. These procedures, rules, and regulations (collectively the “Rules”) and laws are incorporated herein by reference. In the event of conflict between the terms of this Addendum and the Rules, the Rules will control.
13. Mobile Deposit Unavailability. Mobile Deposit may be unavailable temporarily due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider and Internet software. If Mobile Deposit is unavailable, you may deposit Original Checks at our branches or by mailing the Original Check to:
First Federal Savings
Attention: Online Banking
P O Box 4460
Newark, Ohio 43058-4460
You hereby acknowledge and agree that we shall not be liable to you for any loss or damage of any nature you sustain as the result of your inability to use Mobile Deposit.
14. Funds Availability. The cut-off time applicable to deposits made through Mobile Deposit is Monday through Friday at 4:00 P.M. Eastern Time (ET). Deposits submitted using Mobile Deposit before 4:00 P.M. ET on Monday through Friday will be considered deposited on that day. Deposits submitted using Mobile Deposit after 5:00 P.M. ET and deposits received on a Saturday, Sunday or holiday at any time will be considered deposited on the next Business Day as defined in Bank’s Funds Availability Disclosure. Funds from deposits made using Mobile Deposit before the applicable cut-off time will generally be available the next Business Day after we receive the deposit. Funds from deposits made through Mobile Deposit will be available in accordance with Bank’s Funds Availability Disclosure. Deposits via Mobile Deposit may be delayed in the event of early closing due to a holiday or unforeseen circumstances (e.g., inclement weather). In these instances, deposits will be confirmed on the following Business Day that we are open.
15. Mobile Deposit Security. You should complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your Mobile Device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. By using Mobile Deposit, you accept the risk that an item deposited through Mobile Deposit will be intercepted or misdirected during transmission. We bear no liability to you or others for any such intercepted or misdirected items or information disclosed through such transmission errors. You will notify us immediately by telephone at 740-345-3494 if you learn of any loss or theft of Original Checks. You will ensure the safety and integrity of Original Checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, we may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Disclosure.
16. Your Responsibility. You are solely responsible for the quality, completeness, accuracy, validity and integrity of the Image. You are solely responsible if you, intentionally or unintentionally, submit a fraudulent, incorrect or illegible Image(s) to us or if Mobile Deposit is used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable Images to us.
You agree to notify us of any suspected errors regarding items deposited through Mobile Deposit right away, and in no event later than thirty (30) days after the applicable Account statement is sent or otherwise made available to you. Unless you notify us within sixty (60) days, such statement regarding all deposits made through Mobile Deposit shall be deemed correct, and you are precluded from bringing a claim against us for such alleged error. You can contact us by calling 740-3453494 or by visiting one of our branches.
17. Your Indemnification Obligation. You understand and agree that you are required to indemnify us and hold us harmless, including our affiliates, officers, employees and agents against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses arising from your use of Mobile Deposit and/or breach of this Disclaimer. You understand and agree that this paragraph shall survive the termination of this Disclaimer.
You also understand and agree that you are required to indemnify and hold harmless our Processor and/or service provider / technology partners, their affiliates, officers, employees and agents, from and against any third party claims, suits, proceedings, actions or demands, including claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorneys’ fees and expenses, arising from such claims, to the extent such claim is related to us or your use of Mobile Deposit , our Processor and/or service provider / technology partner applications, unless such claim directly results from an action or omission made by our Processor and/or service provider / technology partners in bad faith. You understand and agree that this paragraph shall survive the termination of this Disclosure.
18. Cooperation with Investigation. You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through Mobile Deposit in your possession and your records relating to such items and transmissions.
19. Ownership and License. You agree that we and/or our Processor and/or service provider(s) / technology partner(s) retain all ownership and proprietary rights in Mobile Deposit, associated content, technology and website(s). Your use of Mobile Deposit is subject to and conditioned upon your complete compliance with this Disclosure. Without limiting the effect of the foregoing, your breach of this Disclosure immediately terminates your right to use Mobile Deposit. Without limiting the restriction of the foregoing, you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Mobile Deposit, copy or reproduce all or any part of the technology or Mobile Deposit; or interfere, or attempt to interfere, with the technology or Mobile Deposit. We and our Processor and/or service provider(s) / technology partners retain all rights, title and interests in and to Mobile Deposit, software and developments made available to you.
20. DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF MOBILE DEPOSIT AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES CONCERNING THE SERVICE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF A THIRD PARTY OR PROPRIETARY RIGHTS UNLESS DISCLAIMING SUCH WARRANTIES IS PROHIBITED BY APPLICABLE LAW. WE MAKE NO WARRANTY THAT MOBILE DEPOSIT 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 MOBILE DEPOSIT OR TECHNOLOGY WILL BE CORRECTED.
21. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY 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 ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF MOBILE DEPOSIT, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW. ANY PROVISION IN THIS ADDENDUM, ANY OTHER AGREEMENT OR RULES TO THE CONTRARY NOTWITHSTANDING, WE SHALL ONLY BE LIABLE FOR DIRECT DAMAGES SOLELY AND PROXIMATELY CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW.
22. Amendments. We may amend these terms at any time, in our sole discretion, by giving notice to you if and as provided in this Disclosure, the Internet Banking Agreement or the applicable Deposit Account Contract. If so required, or required by applicable law, notice will be given for the applicable required number of days in advance of each such amendment. Your continued use of Mobile Deposit shall constitute your agreement to such amendments. No amendments requested by you shall be effective unless received, and agreed to in writing, by us.
23. Suspension and Termination. In addition to any other provision in this Disclosure, the Internet Banking Agreement or the Account Agreement on the subject, we may, in our sole discretion and without prior notice to you unless otherwise required by applicable law, elect to suspend or terminate your use of Mobile Deposit (i) if you or we close the Personal Deposit Account(s) established in connection with Mobile Deposit, (ii) if we reasonably suspect that you have engaged in fraud or other abuse with regard to Mobile Deposit, (iii) in the event of a material breach in the performance or observance of any term, or breach of any representation or warranty, by you, (iv) if we believe immediate action is required for the security of your or our funds, or (v) if we reasonably believe that the continued provision of Mobile Deposit would violate federal, state or local laws or regulations, or would subject us to unacceptable risk of loss. Notwithstanding any termination, this Disclosure shall remain in full force and effect with respect to all transactions initiated prior to such termination.
Revised date: 03/19
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
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.