This Online Banking Service Agreement (the “Agreement”) sets forth the terms and conditions under which First Federal Bank (“First Federal Bank”, “FFB”, “we”, and/or “us”) will provide internet Online Banking services (“Online Banking”, “Online Banking Services”, “Internet Banking”, “Internet Banking Services, the “Services”, and/or the “Service”) to you.
By enrolling in or otherwise using the Online Banking Services, you acknowledge that you have read, understood, and agree to be bound by all terms of this Agreement, including any and all additional terms and conditions contained below (collectively, the "Agreement"). Your continued access to and/or use of the Online Banking Services constitutes your acceptance of this Agreement, including any modifications or updates thereto. If you do not agree to any of the terms of the Agreement, or any future modifications thereto, your sole and exclusive remedy is to immediately discontinue all use of the Online Banking Services. No other recourse or remedy shall be available to you. Further, by enrolling in or otherwise using the Services, whether accessed by computer or mobile device, you agree that (a) your system meets the requirements to access and use the Services, (b) you consent to receive all notices regarding the Services in electronic form, and (c) and you will take all necessary steps to ensure your continued access to such electronic form. In this Agreement, the words “Customer”, “you”, and “yours” mean those who access the Services and any authorized users. The word “account” means any one or more accounts you have with us.
This Agreement is in addition to other agreements between First Federal Bank and you, and as those may be periodically revised. Your use of the Services may also be affected by the agreements between us for your deposit, credit card, and other linked accounts. When you link an account to Internet Banking, you do not change the agreements you already have with us for that account. For example, when you use the Services to access a deposit account, you do so under the terms and conditions we gave you in the agreement and disclosure for the deposit account. You should review those agreements for any applicable fees, for limitations on the number of transactions you can make, and for other restrictions which might impact your use of an account with Internet Banking. We recommend that you print or store a copy of this this Agreement and any other related agreements for your records.
You must use your Online Banking access ID and password to access your account. Online Banking is typically accessible seven (7) days a week, twenty-four (24) hours a day. However, the system may be temporarily unavailable from time to time for maintenance or otherwise. You will need a personal computer and a web browser (such as Microsoft Edge, Mozilla, or Chrome) to access the Services. The online address for the Services is https://www.FFBF.com. You are responsible for the installation, maintenance, and operation of your computer and for internet access. First Federal Bank will not be responsible for any errors or failures involving any telephone service, internet service, or your computer.
You may use the Online Banking Services for the following:
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Transfer funds to and from your savings, checking, CMA, and Money Market accounts;
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Obtain balance information for your accounts;
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Review transactions for the current and prior statement cycles for your checking and savings accounts;
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Make loan payments from your savings and checking accounts;
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Transfer funds from a line of credit to a deposit account;
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Determine if a particular item has cleared;
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Obtain tax information on amounts earned on deposit accounts or interest paid on loan accounts;
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Verify the date and amount of any deposit, including payroll deposits;
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Obtain current loan information including balance, rate, and account history;
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Make payments from your checking account using the Bill Pay Service (“Bill Pay”);
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Review checking account statements for the prior twelve (12) months; and
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Place a stop payment on a check.
Fees and Charges: There may be certain charges for the Services. From time to time, the charges may be changed. We will notify you of any changes as required by law. Please refer to the Fee Schedule found online at https://www.ffbf.com/fees for a list of charges and fees applicable to the Services.
Contact Us: You may visit First Federal Bank at a physical FFB banking location. For telephone and mail communications, please use the following, unless stipulated differently elsewhere in the Agreement:
First Federal Bank
P.O. Box 2029
Lake City, Florida 32056
Telephone: (386) 755-0600 or 877-499-0572
Email: firstfederal@ffbf.com
Online Banking General Terms and Conditions
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Introduction. The Agreement (as defined further above) is a contract between you and First Federal Bank in connection with Online Banking as well as each service that is described in the rest of this Agreement that applies to services you use from us, as applicable (collectively, the “Services”, and each, a "Service"). The Services are offered through our Online Banking websites and/or mobile applications (collectively and individually, the "Site"). The Agreement consists of these General Terms and Conditions for the Service (referred to as "General Terms"), any above terms, each set of Additional Terms and Conditions that follows after these General Terms, and any additional terms or agreements that apply to the specific Service you are using from us. The Agreement applies to your use of the Services and the portion of the Site through which the Services are offered.
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Service Providers. We are offering you the Services through one or more Service Providers that we have engaged to render some or all of the Services to you on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Services to you, we are the sole party liable to you for any payments or transfers conducted using the Services and we are solely responsible to you and any third party to the extent any liability attaches in connection with the Services. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us. Service Provider and certain other capitalized terms are defined in a "Definitions" Section at the end of the General Terms. Other defined terms are also present at the end of each set of Terms that follow after the General Terms, as applicable.
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Amendments. We may amend this Agreement and any applicable fees and charges for the Services at any time by posting a revised version on the Site. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Services after a notice of change or after the posting of a revised version of this Agreement on the Site will constitute your agreement to such changes and revised versions. Further, we may, from time to time, revise, update, upgrade or enhance the Services and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Services, and/or related applications and material, and limit access to only the Services’ more recent revisions, updates, upgrades, or enhancements.
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Our Relationship With You. We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Services. We do not have control of, or liability for, any products or services that are paid for with our Services. We also do not guarantee the identity of any user of the Services (including but not limited to recipients to whom you send payments).
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Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
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Notices to Us Regarding the Service. Except as otherwise stated herein, notice to us concerning the Site or the Services must be sent by postal mail to: First Federal Bank, P.O. Box 2029, Lake City, FL 32056. We may also be reached at (386)-755-0600 for questions and other purposes concerning the Service. We will act on your telephone calls as described below in Section 22 of the General Terms (Errors, Questions, and Complaints), but otherwise, such telephone calls will not constitute legal notices under this Agreement.
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Notices to You. You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within the Services, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us, including but not limited to the mobile phone number that you have listed in your Services setup or customer profile. For example, users of the Services may receive certain notices (such as notices of processed Payment Instructions, alerts for validation and notices of receipt of payments) as text messages on their mobile phones. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) Business Days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described in Section 6 of the General Terms above. We reserve the right to charge you a reasonable fee not to exceed twenty dollars ($20.00) to respond to each such request. We reserve the right to terminate your use of the Services if you withdraw your consent to receive electronic communications.
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Text Messages, Calls and/or Emails to You. By providing us with a telephone number (including a wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls from us and our Service Providers at that number INCLUDING THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM ("ATDS"), and/or emails from us for our everyday business purposes (including identity verification). You acknowledge and agree that such telephone calls include, but are not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an ATDS from us or our affiliates and agents. Please review our Privacy Policy for more information.
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Receipts and Transaction History. You may view your transaction history by logging into the Service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.
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Your Privacy. Protecting your privacy is very important to us. Please review our Privacy Policy, which can be found at https://www.ffbf.com/security-privacy, in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
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Privacy of Others. If you receive information about another person through the Services, you agree to keep the information confidential and only use it in connection with the Services.
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Eligibility. The Services are offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not offered to minors unless the minor is using an Eligible Transaction Account in the name of the minor with a parent or guardian as a co-signor or guarantor. By using the Services, you represent that you meet these requirements and that you agree to be bound by this Agreement.
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Prohibited Payments. The following types of payments are prohibited through the Services, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such payments:
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Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); and
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Payments that violate any law, statute, ordinance, or regulation; and
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Payments that violate the Acceptable Use terms in Section 14 of the General Terms below; and
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Payments related to: (i) tobacco products, (ii) prescription drugs and devices; (iii) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (iv) drug paraphernalia; (v) ammunition, firearms, or firearm parts or related accessories; (vi) weapons or knives regulated under applicable law; (vii) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (viii) goods or services that are sexually oriented; (ix) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (x) goods or services that defame, abuse, harass or threaten others; (xi) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (xii) goods or services that advertise, sell to, or solicit others; or (xiii) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction; and
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Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and
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Payments relating to transactions that (i) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, (ii) are associated with purchases of real property, equities, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (iii) are for the sale of items before the seller has control or possession of the item, (iv) constitute money-laundering or terrorist financing, (v) are associated with the following "money service business" activities: the sale of traveler’s checks or money orders, currency dealers or exchanges (including digital currencies such as bitcoin), or check cashing, or (vi) provide credit repair or debt settlement services; and
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Tax payments and court ordered payments. Except as required by applicable law, in no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We encourage you to provide notice to us by the methods described in Section 6 of the General Terms above of any violations of the General Terms or the Agreement generally.
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Acceptable Use. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Services, regardless of the purpose of the use, and for all communications you send through the Services. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Services for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Services or the portion of the Site through which the Services is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Services, or interfere or attempt to interfere, with the Site or the Services; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in Section 6 of the General Terms above of any violations of the General Terms or the Agreement generally.
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Payment Methods and Amounts. There are limits on the amount of money you can send or receive through our Services. Your limits may be adjusted from time-to-time in our sole discretion. For certain Services, you may have the ability to log in to the Site to view your individual transaction limits. We or our Service Providers also reserve the right to select the method in which to remit funds on your behalf through the Services, and in the event that your Eligible Transaction Account is closed or otherwise unavailable to us the method to return funds to you. These payment methods may include, but may not be limited to, an electronic debit, a paper check drawn on the account of our Service Providers, or draft check drawn against your account.
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Your Liability for Unauthorized Transfers. Immediately following your discovery of an unauthorized Payment Instruction, you shall communicate with customer care for the Services in the manner set forth in Section 6 of the General Terms above. You acknowledge and agree that time is of the essence in such situations. If you tell us within two (2) Business Days after you discover your password or other means to access your account through which you access the Services has been lost or stolen, your liability is no more than Fifty Dollars ($50.00 USD) should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as Five Hundred Dollars ($500.00 USD). If your monthly financial institution statement contains payments that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we will extend the time periods specified above to a reasonable period.
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Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction.
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Failed or Returned Payment Instructions. In using the Services, you are requesting that we or our Service Provider attempt to make payments for you from your Eligible Transaction Account. If the Payment Instruction cannot be completed for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the Payment Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment), the Payment Instruction may or may not be completed. In certain circumstances, our Service Provider may either advance funds drawn on their corporate account or via an electronic debit, and in such circumstances will attempt to debit the Eligible Transaction Account a second time to complete the Payment Instruction. In some instances, you will receive a return notice from us or our Service Provider. In each such case, you agree that:
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You will reimburse our Service Provider immediately upon demand the amount of the Payment Instruction if the payment has been delivered but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account to allow the debit processing to be completed;
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You may be assessed a late fee equal to one and a half percent (1.5%) of any unpaid amounts plus costs of collection by our Service Provider or their third-party contractor if the Payment Instruction cannot be debited because you have insufficient funds in your Eligible Transaction Account, or the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment, or if the funds cannot otherwise be collected from you. The aforesaid amounts will be charged in addition to any NSF charges that may be assessed by us, as set forth in your fee schedule from us (including as disclosed on the Site) or your account agreement with us. You hereby authorize us and our Service Provider to deduct all of these amounts from your designated Eligible Transaction Account, including by ACH debit; and
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Our Service Provider is authorized to report the facts concerning the return to any credit reporting agency.
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Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, physical address, phone numbers and email addresses. Depending on the Services, changes may be able to be made within the user interface of the Services or by contacting customer care for the Services as set forth in Section 6 of the General Terms above. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account, Payment Instructions or contact information.
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Information Authorization. Your enrollment in the applicable Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in or use of each Service, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, and in accordance with our Privacy Policy, you agree that we reserve the right to obtain personal information about you, including without limitation, financial information, and transaction history regarding your Eligible Transaction Account. You further understand and agree that we reserve the right to use personal information about you for our and our Service Providers’ everyday business purposes, such as to maintain your ability to access the Services, to authenticate you when you log in, to send you information about the Services, to perform fraud screening, to verify your identity, to determine your transaction limits, to perform collections, to comply with laws, regulations, court orders and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and property, and to customize, measure, and improve the Services and the content and layout of the Site. Additionally, we and our Service Providers may use your information for risk management purposes and may use, store, and disclose your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability. We and our Service Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk management, regulatory compliance, or audit reasons, and as permitted by applicable law for everyday business purposes. In addition, we and our Service Providers may use, store, and disclose such information acquired in connection with the Services in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the Services. The following provisions in this Section apply to certain Services:
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Mobile Subscriber Information. You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method and device details, if available, to support identity verification, fraud avoidance and other uses in support of transactions for the duration of your business relationship with us. This information may also be shared with other companies to support your transactions with us and for identity verification and fraud avoidance purposes.
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Device Data. We may share certain personal information and device-identifying technical data about you and your devices with third-party service providers, who will compare and add device data and fraud data from and about you to a database of similar device and fraud information in order to provide fraud management and prevention services, which include but are not limited to identifying and blocking access to the applicable service or Web site by devices associated with fraudulent or abusive activity. Such information may be used by us and our third-party service providers to provide similar fraud management and prevention services for services or Web sites not provided by us. We will not share with service providers any information that personally identifies the user of the applicable device.
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Service Termination, Cancellation, or Suspension. If you wish to cancel the Services, you may contact us as set forth in Section 6 of the General Terms above. Any payments that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Services at any time and for any reason or no reason. Neither termination, cancellation, nor suspension shall affect your liability or obligations under this Agreement.
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Errors, Questions, and Complaints.
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In case of errors or questions about your transactions, you should contact us as soon as possible as set forth in Section 6 of the General Terms above.
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If you think your periodic statement for your account is incorrect or if you need more information about a transaction listed in the periodic statement for your account, we must hear from you no later than sixty (60) days after we send you the applicable periodic statement for your account that identifies the error. Further, in contacting us, you must:
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Provide your name;
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Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and
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Tell us the dollar amount of the suspected error.
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If you tell us orally, we may require that you send your complaint in writing within ten (10) Business Days after your oral notification. Except as described below, we will determine whether an error occurred within ten (10) Business Days after you notify us of the error. We will tell you the results of our investigation within three (3) Business Days after we complete our investigation of the error and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Eligible Transaction Account within ten (10) Business Days for the amount believed to be potentially in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Eligible Transaction Account. If it is determined there was no error, we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur.
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Intellectual Property. All other marks and logos related to the Services are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Services or display them in any manner that implies our sponsorship or endorsement. All right, title, and interest in and to the Services, the portion of the Site through which the Services are offered, the technology related to the Site and Services, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Services shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors’ exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
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Links and Frames. Links to other sites may be provided on the portion of the Site through which the Services are offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you "click" on a banner advertisement or a search result, your "click" may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not "frame" material on our Site without our express written permission. We reserve the right to disable links from any third-party sites to the Site.
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Password and Security. If you are issued or create any password or other credentials to access the Services or the portion of the Site through which the Services are offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Services without your consent, you must inform us at once at the telephone number provided in Section 6 of the General Terms above. See also Section 16 of the General Terms above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.
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Remedies. If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Services; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site and/or use of the Services for any reason or no reason and at any time. The remedies contained in this Section 26 of the General Terms are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise.
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Disputes. In the event of a dispute regarding the Services, you and we agree to resolve the dispute by looking to this Agreement.
This Agreement contains an arbitration section. Please read the Arbitration section carefully.
28. ARBITRATION. PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THIS SECTION 28 (ARBITRATION) OTHERWISE PROVIDES, YOU AND WE WAIVE OUR RIGHTS TO TRY A CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION.
a. Arbitration. You and we agree that at your or our request, any dispute arising out of, relating to, or connected in any way with: (i) First Federal Bank and any aspect of your relationship between you and us that is governed by this Agreement; or (ii) the breach, enforcement, interpretation, application, or validity of this Agreement will be decided by binding arbitration. Arbitration involves the review and resolution of the dispute by a neutral party. Claims subject to this Agreement include claims that arose before you and we entered into this Agreement (such as claims relating to advertising) and after termination of this Agreement. In lieu of arbitration, either you or we can bring an individual claim in small claims court consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim.
b. Jury Trial and Class Action Waiver.
i. Except as this Section 28 (Arbitration) otherwise provides, if either you or we choose arbitration, you and we acknowledge and agree that neither you nor we will have the right to litigate that dispute in court or to have a jury trial on that dispute. You further agree that any arbitration shall be conducted in your individual capacity and not as a class action or other representative action and you expressly waive your right to file, participate as a representative or member of any class, or seek relief on a class basis pertaining to any dispute either you or we elect to arbitrate. The arbitrator’s decision generally will be final and binding.
ii. You and we may not be plaintiffs or class members in any purported class, collective, or representative proceeding, and may each bring claims against the other only in your or our individual capacity. Unless mutually agreed to by you and us, arbitration claims may not be consolidated or joined with claims of other persons who may have similar claims other than joint account holders or beneficiaries on your account and/or related accounts. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
iii. If there is a determination that any term in this Section 28 (Arbitration) is unenforceable for any reason as to any claim, then this Section 28 will be inapplicable to that claim, and that claim will proceed instead through litigation in court rather than by arbitration but only after the conclusion of the arbitration of any claim that is subject to arbitration.
c. Governing Law and Arbitration Rules.
i. This Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), will govern the interpretation and enforcement of this Agreement. If the FAA is found not to apply to any issue that arises in the enforcement of this Agreement, then this issue will be resolved under the law of the State of Florida.
ii. The arbitration will be conducted under the then current and applicable Commercial Rules of the American Arbitration Association (“AAA”) for business accounts and the then current and applicable Consumer Rules of the AAA for consumer accounts. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator, and not any federal, state, or local court or agency will have exclusive authority to resolve any dispute about the interpretation, validity, applicability, or enforceability of this Agreement. The applicable AAA rules will determine payment of fees by you and/or us.
d. Location and Procedure. If your claim is for Ten Thousand Dollars ($10,000) or less, you may choose to have arbitration conducted solely on the basis of documents submitted to the arbitrator, via a telephone hearing, or by an in-person hearing in the federal judicial district where you reside, or as otherwise mutually agreed by you and us.
e. Arbitrator’s Decision. The arbitrator’s award shall be written, and binding on you and us and may be entered as a judgment in any court of competent jurisdiction. To the extent allowed by applicable law, the arbitrator may award arbitration costs and attorney’s fees to the prevailing party.
f. Duration. This Section 28 (Arbitration) shall survive termination of this Agreement.
29. Law and Forum for Disputes.
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Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. Unless our account agreement with you states otherwise, you agree that any claim or dispute you may have against us (other than those which are arbitrated under Section 28 of the General Terms above) must be resolved by a court located in Columbia county in the State of Florida. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all claims or disputes unless said claim is submitted to arbitration under Section 28 of the General Terms of this Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
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To the extent permitted by law, if any dispute or claim results in a lawsuit, and neither you nor we have elected or requested arbitration, you and we knowingly and voluntarily agree that a judge, without a jury, will decide the case. The trial will be brought individually and not as part of a class action. If it is brought as a class action, it must proceed on an individual (non-class, non-representative) basis. YOU KNOWINGLY AND VOLUNTARILY AGREE THAT YOU AND WE ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN ANY CLASS ACTION LAWSUIT.
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Indemnification. You agree to defend, indemnify, and hold harmless us and our Affiliates and Service Providers and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorney’s fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the applicable Service.
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Release. You release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other users of the Site or the applicable Service. In addition, if applicable to you, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.
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No Waiver. We shall not be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
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Exclusions of Warranties. THE SITE AND SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICES, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
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Limitation of Liability. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICES AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICES ARE OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICES MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICES, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICES OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICES ARE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICES ARE OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 28 AND 29 OF THE GENERAL TERMS ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF FIVE HUNDRED DOLLARS ($500 USD). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
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Complete Agreement, Severability, Captions, and Survival. You agree that this Agreement is the complete and exclusive statement of the agreement between us, sets forth the entire understanding between us and you with respect to the Services and the portion of the Site through which the Services are offered and supersedes any proposal or prior agreement, oral or written, and any other communications between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of Sections in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 2, 5-7, 11, 17, 18, 23, and 26-35 of the General Terms, as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care personnel), the terms of the Agreement will prevail.
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Definitions.
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"ACH Network" means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.
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"Affiliates" are companies related by common ownership or control.
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"Business Day" is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.
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"Eligible Transaction Account" is a transaction account from which your payments will be debited, your Service fees, if any, will be automatically debited, or to which payments and credits to you will be credited, that is eligible for the Services. Depending on the Service, an Eligible Transaction Account may include a checking, money market or other direct deposit account, credit card account, or debit card account, including any required routing information.
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"Payment Instruction" is the information provided for a payment to be made under the applicable Service, which may be further defined and described below in connection with a specific Service.
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"Payment Network" means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.
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"Service Provider" means companies that we have engaged (and their Affiliates) to render some or all of the Services to you on our behalf.
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Online Banking Additional Terms and Conditions
The following Online Banking Additional Terms and Conditions apply to all Online Banking Services and transactions:
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Transfers. You may make transfers to your other FFB accounts as often as you like. You may transfer up to the available balance in your account or up to the available credit limit on a line of credit at the time of the transfer, except as limited under this Agreement or your deposit or loan agreements. FFB reserves the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. FFB may set other limits on the amount of any transaction, and you will be notified of those limits.
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Processing of Transfer Request. Transfers you submit from an account (e.g., Checking, Savings, Money Market, CMA, or Line of Credit) are immediately reflected in your balances for that account. Transfers entered before the cut-off time of 7:00 PM ET on a bank Business Day are processed on that bank Business Day. Transfers entered after the cut-off time or on a bank holiday are processed on the next bank Business Day. All transfers are reflected on your statement with the calendar day they were processed.
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Cut-off times for Crediting of Transfers.
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The crediting of funds depends on the type of account you are transferring to and the daily cut-off time. Online Banking transfers to deposit accounts are immediately reflected in the account balance online and at ATMs. In order for transferred funds to be available to pay items that are processed against your account overnight (i.e. checks, direct debits, etc.), they must be entered before the cut-off time of 7:00 PM ET.
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To avoid possible insufficient funds or overdraft fees, please be sure to submit your transfers before the cut-off time.
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Funds transferred as a payment to a personal credit card, line of credit, installment loan or mortgage account before the cut-off time of 7:00 PM ET will be credited with the date the payment is made. However, updates to account balances and funds availability may take up to two (2) bank business days. To ensure crediting of payments for the same calendar day, please be sure to submit your transfers before the cut-off time.
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Account Information. The account balance and transaction history information may be limited to recent account information involving your accounts. Also, the availability of funds for transfer or withdrawal may be limited due to the processing time for any deposit transactions and our Funds Availability Policy, which is available upon request.
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Stop Payment Orders.
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You must make any stop payment order in the manner required by law and we must receive it in time to give us a reasonable opportunity to act on it before our stop payment cutoff time, which is 5:00 PM ET for an Internet based Stop Payment Order. A stop payment order cannot be placed on Point-of-Sale (POS), Automated Teller Machine (ATM) or Automated Clearing House (ACH) transactions. To be effective, your Stop Payment Order must precisely identify the check number, date, amount of the item and the payee.
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You may stop payment on any item drawn on your account whether you sign the item or not, if you have an equal or greater right to withdraw from this account than the person who signed the item. A release of the stop payment request may be made only by the person who initiated the Stop Payment Order.
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Additional limitations on our obligation to stop payment are provided by law (e.g., we paid the item in cash or we certified the item).
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Transactions and Cut-off Times.
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Transfers entered before 7:00 PM ET will be processed that day.
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Transfers entered after 7:00 PM ET will be processed the next bank business day.
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Stop payments must be made by 5:00 PM ET.
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ONLINE BANKING ACCOUNT TO ACCOUNT TRANSFERS ADDITIONAL TERMS AND CONDITIONS
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Description of Service, Authorization and Processing.
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The term “Transfer Money Terms” means these Account to Account Transfers Additional Terms and Conditions. The Account to Account transfer service (for purposes of these Transfer Money Terms, and the General Terms as they apply to these Transfer Money Terms, the "Transfer Money Service") enables you to transfer funds between your Accounts that you maintain with us on the one hand, and your Accounts that are maintained by other financial institutions, on the other hand.
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You represent and warrant that you are either the sole owner or a joint owner of the Eligible Transaction Account and the External Account and that you have all necessary legal right, power, and authority to transfer funds between the Eligible Transaction Account and the External Account. If you are a joint owner of the Eligible Transaction Account, External Account, or both, then you represent and warrant that (i) you have been authorized by all of the other joint owners to operate such Accounts without their consent (including without limitation to withdraw or deposit any amount of funds to such Accounts or to even withdraw all funds from such Accounts); and (ii) we may act on your instructions regarding such Accounts without liability to such other joint owners. Further, you represent and warrant that the External Account is located in the United States.
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You may initiate (i) a one-time Transfer Instruction for which processing shall be initiated immediately, (ii) a one-time Transfer Instruction for which processing shall be initiated at a later specified date up to one (1) year, and (iii) a recurring series of Transfer Instructions for which processing shall be initiated on the specified dates. Further details about each of these options can be found on the Site. When we receive a Transfer Instruction from you, you authorize us to (i) debit your Eligible Transaction Account and remit funds on your behalf to the External Money Terms (Service Fees and Additional Charges); or, as applicable, to (ii) credit your Eligible Transaction Account and remit funds on your behalf from the External Account designated by you and to debit your applicable Account as described below in Section 5 of the Transfer Money Terms (Service Fees and Additional Charges). You also authorize us to reverse a transfer from the applicable Account if the debit is returned from the other Account in the transaction for any reason, including but not limited to nonsufficient funds. Transfers may be delayed or blocked to prevent fraud or comply with regulatory requirements. If we delay or block a Transfer Instruction that you have initiated, we will notify you in accordance with your user preferences (i.e. email, push notification).
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We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances:
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If, through no fault of ours, the Eligible Transaction Account or External Account does not contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of your overdraft account;
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The Transfer Money Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
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The transfer is refused as described in Section 6 of the Transfer Money Terms below;
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You have not provided us with the correct information, including but not limited to the correct Eligible Transaction Account or External Account information; and/or,
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Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s), or interference from an outside force) prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances.
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It is your responsibility to ensure the accuracy of any information that you enter into the Transfer Money Service, and for informing us as soon as possible if you become aware that this information is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a transfer made to the wrong Account once informed, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you.
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Transfer Methods and Amounts. Section 15 of the General Terms (Payment Methods and Amounts) applies to the Transfer Money Service, even in circumstances where the External Account is closed and we are attempting to return funds to such Account.
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Transfer Cancellation Requests. You may cancel a transfer at any time until it begins processing (as shown in the Transfer Money Service).
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Stop Payment Requests. If you desire to stop any transfer that has already been processed, you must contact customer care for the Transfer Money Service pursuant to Section 22 of the General Terms. Although we will make a reasonable effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for each request will be the current charge for such service asset out in the applicable fee schedule.
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Service Fees and Additional Charges. You are responsible for paying all fees associated with your use of the Transfer Money Service. Applicable fees will be disclosed in our Fee Schedule found at https://www.ffbf.com/fees, in the user interface for, or elsewhere within, the Transfer Money Service or Site. Any applicable fees will be charged regardless of whether the Transfer Money Service was used, except for fees that are specifically use-based. Use-based fees for the Transfer Money Service will be charged against the Account that is debited for the funds transfer. There may also be charges for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from the applicable Eligible Transaction Account you hold with us or the Account that is debited for the funds transfer, depending on how such charges are described in the user interface for the Service. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section 18 of the General Terms (Failed Or Returned Payment Instructions) applies if you do not pay our fees and charges for the Transfer Money Service, including without limitation if we debit the External Account for such fees, as described in this Section, and there are insufficient fees in the External Account; Section 18 of the General Terms should be interpreted as applying to the External Account, not just the Eligible Transaction Account, in such circumstances.
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Refused Transfers. We reserve the right to refuse any transfer. As required by applicable law, we will notify you promptly if we decide to refuse to transfer funds.
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Returned or Failed Transfers. In using the Transfer Money Service, you understand transfers may be returned or fail for various reasons such as, but not limited to, the External Account number is not valid. We will use reasonable efforts to research and correct the transfer to the intended Account or void the transfer. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, failed, or denied transfer to your Account that we debited for the funds transfer or use other reasonable efforts to return such transfer to you as permitted by law. In certain cases, we may require you to contact us or the financial institution for your External Account to initiate a request to receive such funds. You may receive notification from us.
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Definitions.
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"Account" means a checking, money market or savings account that is either an Eligible Transaction Account or External Account, as applicable.
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"Eligible Transaction Account" is as defined in Section 36 of the General Terms, except that it shall be limited to a checking, money market or savings account that you hold with us.
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"External Account" is your account at another financial institution (i) to which you are transferring funds from your Eligible Transaction Account; or (ii) from which you are transferring funds to your Eligible Transaction Account.
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"Transfer Instruction" is a specific Payment Instruction (as defined in Section 36 of the General Terms) that you provide to the Service for a transfer of funds.
Online Banking Security and Liability Additional Terms and Conditions
The following Online Banking Security and Liability Additional Terms and Conditions apply to all Online Banking Services, without limitation, and including but not limited to, the Transfer Money Service, Mobile Banking, Bill Pay, and all Business Online Banking Services.
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Security of Access ID and Password.
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The Access ID and Password that you select is for your security. Your Access ID and Password is confidential and should not be disclosed to third parties or recorded. You are responsible for the safekeeping of your Access ID and Password. You agree not to disclose or otherwise make your Access ID and Password available to anyone not authorized by you to sign on your accounts. If you authorize anyone to use your Access ID and Password, you understand that person may use the Online Banking Service to review all of your account information and perform account transactions. Therefore, we are entitled to act on transaction instructions received using your Access ID and Password and you agree that the use of your Access ID and Password will have the same effect as your signature authorizing transactions.
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If you authorize anyone to use your Access ID and Password, that authority will be considered unlimited in amount and manner until you specifically revoke such authority by notifying FFB and changing your Access ID and Password. You are responsible for any transactions made by such persons until you notify us that transactions and access by that person are no longer authorized and your Access ID and Password is changed. If you fail to maintain or change the security of the Access ID and Password, and FFB suffers a loss, we may terminate your electronic funds transfer and account services immediately. When your Online Banking Service is linked to one or more accounts, we may act on the verbal, written or electronic instructions of any authorized signer regarding your services and accounts.
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Email and System Protection. Identity theft and account hijacking are a focus of information security protection. FFB recommends protecting yourself and your information by following these suggestions, among others:
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Do not send any confidential information via email – including social security numbers, Access IDs, Passwords, account numbers, etc.;
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FFB will never ask for your Password through an email;
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Install virus protection on your computer and update it on a regular basis;
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Do not use public computers to access Online Banking and other secure transaction sites;
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Avoid using unsecured wireless connections when accessing Online Banking and other secure transaction sites;
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Use a unique username and password for Online Banking that you never use anywhere else, i.e., webmail, social networking, or any other online accounts;
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Never include your account number or Social Security Number as part of your username or password;
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Keep your computer operating system, Internet browser, and other software up to date. These updates often address security concerns. This is also true for cell phones and cell phone applications; and
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Configure any new device with security in mind. Be sure to change default passwords and be aware that default settings are often intended more for an ease of use than to secure the device. Enable security settings that are made available and give extra consideration to those that control information sharing.
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Transaction Documentation and eStatements. Transfers and withdrawals transacted through Online Banking will be recorded on your periodic statement. You will receive a statement monthly. For Electronic Statements (“eStatements”) you will receive an email notification that your statement is ready for review through Internet Banking. Simply log in to your Online Banking account to review and retrieve your eStatement.
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Account Information Disclosure. FFB will maintain the confidentiality and privacy of your account information in accordance with our Privacy Policy as stated on our website at https://www.FFBF.com. However, we will disclose information to third-parties about your account or the transfers you make in the following limited circumstances:
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When it’s necessary for completing transfers or bill payments, or to investigate or resolve a problem related to a transfer or payment;
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To verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
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To comply with a government agency, court order or the request of a federal regulator; or
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If you give us your written permission.
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Customer Liability and Unauthorized Account Access.
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You are responsible for all transfers you authorize using Internet Banking.
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You are responsible for any transactions conducted using Online Banking by persons you have permitted to use your Access ID and Password. If you permit other persons to use your Access ID and Password, you are responsible for any transactions they authorize or conduct on any of your accounts.
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It is your responsibility to promptly tell us at once if you believe anyone has used your Access ID and Password, accessed your accounts, or made any transactions without your authority. Telephone is the best way to promptly notify us and mitigate your possible losses. Please see the Contact Us section above in this Agreement for more information on how to contact us.
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The following only applies to Consumer and Sole Proprietor Accounts (not Business Accounts):
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For Online Banking transactions, your maximum liability for unauthorized use may be up to Fifty Dollars ($50 USD). If your statement shows Online Banking transactions that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may be liable for the full amount of the loss if we can prove that we could have stopped someone from making unauthorized EFT transactions. If a good reason (such as a hospital stay) kept you from telling us, we may extend the time periods. This applies only to electronic fund transfers that debit or credit your checking or savings accounts and are subject to the Consumer Financial Protection Bureau’s Regulation E. We may, when applicable, rely on any exceptions to the provisions in this section that are contained in Regulation E.
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LIMITATION OF LIABILITY FOR ONLINE BANKING SERVICES. 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 may be liable for your losses or damages. Our sole responsibility for an error in a transfer will be to correct the error and in no case will we be liable for any indirect, special, incidental, or consequential damages. In states that do not allow the exclusion or limitation of such damages, our liability is limited to the extent permitted by applicable law. Further, FFB will never be liable in any way for the following:
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If, through no fault of ours, you do not have enough money in your account to make the transfer, your account is inactive, or the transfer would exceed the credit limit on your line of credit, if applicable;
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If you used the wrong password or you have not properly followed computer instructions or FFB FAQ’s for making transfer and Bill Pay transactions;
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If your computer fails or malfunctions or the phone lines or FFB computer system was not properly working and such problem should have been apparent when you attempted such transaction;
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If circumstances beyond our control (such as fire, flood, telecommunication outages or strikes, equipment or power failure) prevent making the transaction;
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If the funds in your account are subject to an administrative hold, legal process or other claim;
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If you have not given FFB complete, correct, and current instructions so FFB can process a transfer;
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If, through no fault of ours, a Bill Pay transaction or funds transfer transaction does not reach a particular payee due to changes in the payee address, account number or otherwise; the time you allow for payment delivery was inaccurate; or the payee failed to process a payment correctly, or in a timely manner, and a fee, penalty, or interest is assessed against you;
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If the error was caused by a system beyond FFB’s control such as telecommunications system, an Internet service provider, any computer virus, or problems related to software not provided by FFB; and/or
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If there are other exceptions as established by FFB.
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Termination of Online Banking Services.
You agree that we may terminate this Agreement and your Online Banking services, if you, or any authorized user of your Online Banking services Access ID and Password, breach this or any other agreement with us; or if we have reason to believe that there has been an unauthorized use of your accounts or Access ID and Password. In addition, we reserve the right to terminate the service if you fail to use the service for more than six (6) months.
You or any other party to your account can terminate this Agreement by notifying us in writing or by telephone. Termination of service will be effective the first business day following receipt of your written notice. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination. This cancellation applies to your Online Banking services and does not terminate any of your other accounts with FFB.
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Notices. FFB reserves the right to change the terms and conditions upon which all Services are offered. FFB will notify you at least thirty (30) days before the effective date of any change, as required by law. Any change in terms will also be published on-line.
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Error Resolution Notice Applicable Only to Consumer and Sole Proprietor Accounts (Not Applicable to Business Accounts).
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In case of errors or questions about your electronic transfers, call or write at the telephone number or address provided below, as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. Further, you are required to provide the following detail:
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Your name and account number (if any);
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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; and
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The dollar amount of the suspected error;
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If you tell us orally, we may require that you send us your complaint or questions in writing within ten (10) business days. We will investigate the problem within ten (10) business days (twenty (20) business days for new accounts) after we hear from you to determine whether an error occurred and will take steps to promptly correct any error.
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If we need more time, we may take up to forty-five (45) days (ninety (90) days for new accounts and foreign initiated or Point of Sale transfers) to investigate your complaint or questions. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account;
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We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
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You may ask for copies of the documents that we used in our investigation by sending a written request.
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In case of errors or questions about your electronic funds transfers, call us at 877-499-0572 or write to: First Federal Bank Attention: Customer Service P.O. Box2029 Lake City, Florida 32056
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Additional Provisions Applicable Only to Business Accounts (other than Sole Proprietor).
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Protecting your Access ID and Password. You agree that we may send notices and other communications to the current address shown in our records, whether or not that address includes a designation for deliver to the attention of any particular individual. You further agree that FFB will not be responsible or liable to you in any way if information is intercepted by an unauthorized person either in transit or at your place of business.
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You agree to:
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Keep your Access ID and Password secure and strictly confidential, providing it only to authorized signers on your account(s);
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Instruct each person to whom you give your Access ID and Password that he or she is not to disclose it to any unauthorized person; and
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Immediately notify us and select a new Access ID and Password if you believe they may have become known to an unauthorized person.
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FFB will have no liability to you for any unauthorized payment or transfer made using your Access ID and Password that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice.
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We may suspend or cancel your Access ID and Password even without receiving such notice from you, if we suspect your Access ID and Password is being used in an unauthorized or fraudulent manner.
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Enforcement. You agree to be liable to FFB for any liability, loss, or expense as provided in this Agreement that FFB incurs as a result of any dispute involving your accounts or services. You authorize FFB to deduct any such liability, loss, or expense from your account without prior notice to you. This Agreement shall be governed by and construed under the laws of the State of Florida as applied to contracts entered into solely between residents of, and to be performed entirely in, such state. In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to Florida law, to payment by the other party of its reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable. Should any one or more provisions of this Agreement be determined illegal or unenforceable in any relevant jurisdiction, then such provision may be modified by the proper court, if possible, but only to the extent necessary to make the provision enforceable and such modification shall not affect any other provision of this Agreement. If we decide after our investigation that an error did not occur, we will deliver or mail to you an explanation of our findings within three (3) business days after the conclusion of our investigation. If you request, we will provide you copies of documents (to the extent possible without violating other customers’ rights to privacy) relied upon to conclude that the error did not occur.
Bill Payment Service Additional Terms and Conditions
By accessing the Service and/or performing Bill Payment Service transactions (“Bill Pay”), you agree to all terms of the Agreement and these Bill Payment Service Additional Terms and Conditions (“Bill Pay Terms”) governing your and our rights and responsibilities concerning the Online Banking electronic funds transfer services. Electronic funds transfers (“EFTs”) are electronically initiated transactions through Online Banking Services, including Bill Pay, involving your deposit accounts.
1. Description of Service. The term "Bill Pay Terms" means these Bill Payment Service Additional Terms and Conditions. The bill payment service (for purposes of these Bill Payment Terms, and the General Terms as they apply to these Bill Payment Terms, “Bill Pay” and/or the “Bill Pay Service") enables you to receive, view, and pay bills from the Site.
2. Payment Scheduling. The earliest possible Scheduled Payment Date for each Biller will be designated within the portion of the Site through which the Service is offered when you are scheduling the payment. Therefore, the Bill Pay Service will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period. Depending on the method of payment, your Eligible Transaction Account may be debited prior to the Scheduled Payment Date. For example, if the selected method of payment is a draft check drawn on your account, the draft check arrives earlier than the Scheduled Payment Date due to expedited delivery by the postal service, and the Biller immediately deposits the draft check, your Eligible Transaction Account may be debited earlier than the Scheduled Payment Date.
3. The Service Guarantee. Due to circumstances beyond the control of the Bill Pay Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Bill Pay Service will bear responsibility for any late payment related charges up to Fifty Dollars ($50.00 USD) should a payment post after its Due Date as long as the payment was scheduled in accordance with Section 2 of the Bill Pay Terms (Payment Scheduling) above.
4. Payment Authorization and Payment Remittance.
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By providing the Bill Pay Service with names and account information of Billers to whom you wish to direct payments, you authorize the Bill Pay Service to follow the Payment Instructions that it receives through the Site. In order to process payments more efficiently and effectively, the Bill Pay Service may edit or alter payment data or data formats in accordance with Biller directives.
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When the Bill Pay Service receives a Payment Instruction, you authorize the Bill Pay Service to debit your Eligible Transaction Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Bill Pay Service to credit your Eligible Transaction Account for payments returned to the Bill Pay Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Bill Pay Service.
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The Bill Pay Service will attempt to make all your payments properly. However, the Bill Pay Service shall incur no liability and any Service Guarantee herein shall be void if the Bill Pay Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
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If, through no fault of the Bill Pay Service, your Eligible Transaction Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
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The payment processing center is not working properly and you know or have been advised by the Bill Pay Service about the malfunction before you execute the transaction;
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You have not provided the Bill Pay Service with the correct Eligible Transaction Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
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Circumstances beyond control of the Bill Pay Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Bill Pay Service has taken reasonable precautions to avoid those circumstances.
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Provided none of the foregoing exceptions are applicable, if the Bill Pay Service causes an incorrect amount of funds to be removed from your Eligible Transaction Account or causes funds from your Eligible Transaction Account to be directed to a Biller which does not comply with your Payment Instructions, the Bill Pay Service shall be responsible for returning the improperly transferred funds to your Eligible Transaction Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
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5. Payment Cancellation Requests. You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the portion of the Site through which the Bill Pay Service is offered. There is no charge for canceling or editing a Scheduled Payment. Once the Bill Pay Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.
6. Stop Payment Requests. The Bill Pay Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Bill Pay Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact customer care for the Bill Pay Service in the manner set forth in Section 22 of the General Terms above. Although the Bill Pay Service will attempt to accommodate your request, the Bill Pay Service will have no liability for failing to do so. The Bill Pay Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.
7. Exception Payments Requests. Exception Payments may be scheduled through the Bill Pay Service, however Exception Payments are discouraged and must be scheduled at your own risk. Except as required by applicable law, in no event shall First Federal Bank be liable for any claims or damages resulting from your scheduling of Exception Payments. The Service Guarantee (as described above) does not apply to Exception Payments.
8. Bill Delivery and Presentment. The Bill Pay Service includes a feature that electronically presents you with electronic bills from select Billers. Electronic bills may not be available from all of your Billers. Electronic bills are provided as a convenience only, and you remain solely responsible for contacting your Billers directly if you do not receive their statements. In addition, if you elect to activate one of the Bill Pay Service's electronic bill options, you also agree to the following:
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Presentation of electronic bills - You will receive electronic bills from a Biller only if both: (a) you have designated it in the Bill Pay Service as one of your Billers, and (b) the Biller has arranged with our Service Provider to deliver electronic bills. The Bill Pay Service may then present you with electronic bills from that Biller if either: (i) you affirmatively elect online within the Bill Pay Service to receive electronic bills from the Biller, or (ii) the Biller chooses to send you electronic bills on a temporary "trial basis." In either case, you can elect online within the Bill Pay Service to stop receiving electronic bills from a Biller. Electing to receive electronic bills, automatically receiving trial electronic bills, and declining further elected or trial electronic bills all occur on an individual Biller basis. The Bill Pay Service does not include an option to prevent ever participating in the automatic trial electronic bill feature. When affirmatively electing to receive electronic bills from a particular Biller, you may be presented with terms from that Biller for your acceptance. We are not a party to such terms.
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Paper Copies of electronic bills - If you start receiving electronic bills from a Biller, the Biller may stop sending you paper or other statements. The ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. Check with the individual Biller regarding your ability to obtain paper copies of electronic bills on a regular or as-requested basis.
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Sharing Information with Billers - You authorize us to share identifying personal information about you (such as name, address, telephone number, Biller account number) with companies that you have identified as your Billers and which we have identified as offering electronic bills for purposes of matching your identity on the Bill Pay Service's records and the Biller's records to (i) activate your affirmative request for electronic bills, and/or (ii) confirm your eligibility for "trial basis" electronic bills.
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Information held by the Biller. We are unable to update or change your personal information such as, but not limited to, name, address, phone numbers and email addresses, that is held by the Biller. Any changes will require you to contact the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. We may, at the request of the Biller, provide to the Biller your email address, service address, or other data specifically requested by the Biller for purposes of the Biller matching your identity against its records or informing you about the Biller's services and/or bill information.
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Activation. We will notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
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Authorization to obtain bill data. You authorize us to obtain bill data from your Billers that you have requested to send you electronic bills, and from your Billers that wish to send you trial electronic bills. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.
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Notification. We will attempt to present all of your electronic bills promptly. In addition to notification within the Bill Pay Service, we may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Bill Pay Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.
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Cancellation of electronic bill notification. The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. We will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
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Non-Delivery of electronic bill(s). You agree to hold us harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
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Accuracy and dispute of electronic bill. We are not responsible for the accuracy of your electronic bill(s). We are only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be directly addressed and resolved with the Biller by you.
This Agreement does not alter your liability or obligations that currently exist between you and your Billers.
9. Disclosure of Account Information to Third Parties. It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make in the following situations pursuant to our Privacy Policy (as further described in Section 10 (Your Privacy) of the General Terms), in addition to the circumstances set forth in Section 20 of the General Terms (Information Authorization):
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Where it is necessary for completing transactions;
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Where it is necessary for activating additional services;
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In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
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To a consumer reporting agency for research purposes only;
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In order to comply with a governmental agency or court orders; or,
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If you give us your written permission.
10. Service Fees and Additional Charges. You are responsible for paying all fees associated with your use of the Bill Pay Service. Applicable fees can be found at https://www.ffbf.com/fees, or elsewhere within the Bill Pay Service or Site. Any applicable fees will be charged regardless of whether the Bill Pay Service was used, except for fees that are specifically use-based. Use-based fees for the Bill Pay Service will be charged against the Billing Account. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Bill Pay Service to deduct the calculated amount from your designated Billing Account. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section 18 of the General Terms (Failed Or Returned Payment Instructions) applies if you do not pay our fees and charges for the Bill Pay Service, including without limitation if we debit the Billing Account for such fees, as described in this Section, and there are insufficient funds in the Billing Account.
11. Biller Limitation. The Bill Pay Service reserves the right to refuse to pay any Biller to whom you may direct a payment. As required by applicable law, the Bill Pay Service will notify you promptly if it decides to refuse to pay a Biller designated by you.
12. Returned Payments. In using the Bill Pay Service, you understand that Billers and/or the United States Postal Service may return payments to the Bill Pay Service for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Bill Pay Service will attempt to research and correct the returned payment and return it to your Biller, or void the payment and credit your Eligible Transaction Account. You may receive notification from the Bill Pay Service.
13. Information Authorization. In addition to Section 20 of the General Terms (Information Authorization), you agree that the Bill Pay Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).
14. Bill Capture. The following Bill Capture terms and conditions in this Section (Bill Capture) only apply to Bill Capture (as defined in this Section). If Bill Capture is not available to you within our mobile banking application, then this Section does not apply. Your use of our mobile banking application may include the ability to add bill payment payees by utilizing your mobile phone to take pictures of your paper bills ("Bill Capture"). Once you take the picture, Bill Capture extracts and prefills Biller information such as the name, address and account number of the Biller into our mobile banking app for use with the Bill Pay Service, or matches the bill to an existing Biller and prefills the amount due and due date. Bill Capture is subject to the following terms:
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You shall use Bill Capture only for your own use in accordance with the terms of this Agreement;
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We do not guarantee that your mobile device will be compatible with Bill Capture; and
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You bear sole responsibility for confirming that the information captured by Bill Capture matches the information on the applicable bill pay stub, and in no event will we be liable for any results from your use of extracted data from Bill Capture with the Bill Pay Service, including, without limitation, any late fees for payments sent to an improper Biller or improper account.
15. Bill Discovery. The following Bill Discovery terms and conditions in this Section (Bill Discovery) only apply to Bill Discovery (as defined in this Section). If Bill Discovery is not available to you from our Site, then this Section does not apply. The bill discovery feature ("Bill Discovery") enables the automatic searching, identification, and retrieval of information about your Billers and bills based on matching information about your identity. In order to enable Bill Discovery, you will need to authorize the Bill Pay Service to access and use information from your consumer report from a credit bureau and/or our Biller network in order for Bill Discovery to identify potential matches. By providing your consent within the Bill Discovery portion of the Site, you authorize the Bill Pay Service to access and use such information until you withdraw your consent. You may withdraw your consent within the Bill Discovery portion of the Site at any time. If Bill Discovery has identified Biller matches, the Bill Pay Service will allow you to add these Billers to your user profile. New Billers added through Bill Discovery are subject to Section 8 (Bill Delivery and Presentment) of the Bill Payment Terms.
16. Payment Methods. In addition to the payment methods set forth in Section 15 (Payment Methods and Amounts) in the General Terms, certain Bill Pay Service payments may be processed using a prepaid, single-use virtual card. Single-use cards provide a fast and secure way for your payment to be delivered. Please note in the event your payment is processed using a virtual card, you will not recognize the payment method and/or card numbers on any payment confirmation communication you may receive from your Biller.
17. Definitions.
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“Biller” is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.
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“Billing Account” is the checking account from which all Service fees will be automatically debited.
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“Due Date” is the date reflected on your Biller statement for which the payment is due, not the late payment date or the date beginning or a date during any grace period.
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“Eligible Transaction Account” is as defined in Section 36 of the General Terms, except that it shall be limited to an account that you hold with us, and from which bill payments will be debited.
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“Exception Payments” means payments to deposit accounts or brokerage accounts, payments to settle securities transactions (including, without limitation, stocks, bonds, securities, futures (forex), options, or an investment interest in any entity or property).
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“Payment Instruction” is as defined in Section 36 of the General Terms, and is further defined as the information provided by you to the Bill Pay Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).
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“Scheduled Payment” is a payment that has been scheduled through the Bill Pay Service but has not begun processing.
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“Scheduled Payment Date” is the day you want your Biller to receive your bill payment, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.
ZELLE® AND OTHER PAYMENT SERVICES ADDITIONAL TERMS AND CONDITIONS
1. Description of Services.
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We have partnered with the Zelle Network® ("Zelle®") to enable a convenient way to send and receive money with others you trust, who are enrolled with Zelle® with us, or with another financial institution that partners with Zelle® (each a “User”) using aliases, such as email addresses, mobile phone numbers, or other unique identifiers described below (“Zelle® Payment Service,” as further described below). Zelle® provides no deposit account or other financial services. Zelle® neither transfers nor moves money. You may not establish a financial account with Zelle® of any kind. All money will be transmitted by a Network Financial Institution. THE ZELLE® PAYMENT SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE ZELLE® PAYMENT SERVICE OR OTHER PAYMENT SERVICES TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. The term "Zelle® and Other Payment Terms" means these Zelle® and Other Payment Services Additional Terms and Conditions.
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In addition to the Zelle® Payment Service, we provide other payment services under these Terms of Service. These additional services allow you to send money to people if you provide the Eligible Transaction Account information and other contact information for the Receiver; such transactions are not sent via Zelle®. These payment services are referred to as "Other Payment Services" in these “Zelle® and Other Payment Terms”. The term "Zelle® and Other Payment Services" means the Zelle® Payment Service and the Other Payment Services.
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The Zelle® and Other Payment Services enable you: (i) to initiate a Payment Instruction from an Eligible Transaction Account to an account at a U.S. financial institution; and/or (ii) to receive a payment from another person into an Eligible Transaction Account, in U.S. dollars. All payments must be made through the Site and are subject to the terms of this Agreement and applicable laws and regulations, in each case as in effect from time to time. Receipt of payments may be made through the Site and is subject to the terms of this Agreement and applicable laws and regulations, in each case as in effect from time to time. Subject to the terms of this Agreement, the Zelle® and Other Payment Services are generally available 24 hours, seven days a week with the exception of outages for maintenance and circumstances beyond the control of us or Zelle®. Live customer service generally will be available Monday through Friday, excluding bank holidays.
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The Zelle® Payment Service allows for the delivery of payments to Receivers who are also enrolled in the Zelle® Payment Service through a Payment Network designed to deliver payments on the same day and potentially within minutes, although actual speed will vary, as described below. The Zelle® and Other Payment Services are not instantaneous. Payment delivery speed may vary based upon the fraud, risk and other funds availability policy of each financial institution and Payment Network availability. We are not responsible for the performance, speed, or other acts or omissions of the Payment Networks that may be involved in the transmission of a payment. We shall not be obligated to comply with the Automated Clearinghouse (ACH) Rules in such recovery efforts or otherwise in connection with Zelle® and Other Payments unless the applicable transaction is transmitted through the ACH network. We are only responsible for delivery of the applicable Payment Instructions to the applicable Payment Network in the format required by the applicable Payment Network's specifications.
2. Payment Authorization and Payment Remittance.
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When you enroll to use the Zelle® Payment Service or when you permit others to whom you have delegated to act on your behalf to use or access the Zelle® Payment Service, you agree to the terms and conditions of this Agreement. You represent that you have the authority to authorize debits and credits to the enrolled bank account. In addition to the restrictions set forth in Section 13 (Prohibited Payments) of the General Terms, you agree that you will not use the Zelle® and Other Payment Services to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Zelle® and Other Payment Services to request money from anyone for any such payments. You agree that you will not authorize a third party to use the Zelle® Payment Service or share your credentials with a third party to use the Zelle® Payment Service on your behalf except in legally authorized situations such as legal guardianship or pursuant to a power of attorney. Zelle® and we reserve the right to terminate, suspend, or limit your access to or use of the Zelle® Payment Service at any time and without prior notice, including for reasons involving your use of the Zelle® Payment Service at any Network Financial Institution which may be deemed to be illegal, improper, brand damaging or potentially exposing us, Zelle®, or the financial system to risk.
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This Section does not apply to small business Users enrolled in the Zelle® Small Business Service (to the extent made available by us). The Zelle® and Other Payment Services are intended for personal, not business or commercial use. You agree that you will not use the Zelle® and Other Payment Services to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Zelle® and Other Payment Services with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Zelle® Payment Service if we believe that you are using the Zelle® Payment Service for business or commercial purposes, or for any unlawful purpose.
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You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and/or a permanent U.S. mobile phone number that you intend to use for an extended period of time (i.e., no "burner" numbers). You may not enroll in the Zelle® Payment Service with a landline phone number, toll-free number, Google Voice number, or Voice over Internet Protocol. Once enrolled, you may: (i) authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and (ii) receive money from another User either at that User's initiation or at your request, subject to the conditions of the Section below titled "Requesting Payments." If at any time while you are enrolled, you do not send or receive money using the Zelle® Payment Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the U.S. mobile phone number or email address that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the mobile phone number or email address, or we receive information that you are not the owner of the mobile number or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Zelle® Payment Service until you enroll again. Once enrolled, a Z logo will appear on your profile for each U.S. mobile number and/or email address that you have enrolled with Zelle®. The Z logo will be displayed to other Users to aid them in determining which of your U.S mobile numbers or email addresses should be used to send money with Zelle®. If a User sends you money using a different U.S. mobile number or email address that they may have for you (one that is not already enrolled), you will receive a message with instructions on how to enroll it with Zelle®. If you enroll for the Zelle® Payment Service and select to use a Zelle® tag, the mobile phone number associated with your User profile will be used as a contact method for certain communications related to the Zelle® Payment Service and must meet the requirements described herein.
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When you enroll with Zelle®, you may establish one or more profiles. Each profile may be linked to only one bank account, but you may enroll multiple email addresses or mobile phone numbers in each profile. Once you have enrolled an email address or a mobile phone number with a profile, you may not use that same email address or phone number with any other profile. By providing us with names and mobile telephone numbers, email addresses and/or Zelle® tags of Receivers to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive through the Zelle® Payment Service. By providing us with names, bank account information and other contact information for Receivers to whom you wish to direct a payment via the Other Payment Service, you authorize us to follow the Payment Instructions that we receive via the Other Payment Services. Once enrolled, you authorize us to credit your Eligible Transaction Account for payments remitted to you on behalf of a Sender without further approval from you.
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When we receive a Payment Instruction from you, you authorize us to debit your Eligible Transaction Account for the amount of any such Payment Instruction plus any related fees in effect (and as disclosed on the Site) at the time you initiate the Payment Instruction, and to remit funds on your behalf. You acknowledge and agree that any applicable fees will be charged when we receive a Payment Instruction from you, regardless of whether the Payment Instruction is ultimately completed. You also authorize us to credit your Eligible Transaction Account for the receipt of payments, including, but not limited to, those payments returned to us from Receivers to whom you sent payment(s) and those payments that were cancelled and returned to you because the processing of the Payment Instruction could not be completed.
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You agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the Sender to send them to you.
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We will use reasonable efforts to complete all your Payment Instructions properly. However, we shall incur no liability if we are unable to complete any transaction because of the existence of any one or more of the following circumstances:
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If, through no fault of ours, the Eligible Transaction Account does not contain sufficient funds to complete the Payment Instruction or the Payment Instruction would exceed the credit limit of your overdraft account;
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The Zelle® and Other Payment Services are not working properly and you know or have been advised by us about the malfunction before you execute the Payment Instruction;
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The payment is refused as described in Section 6 below;
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You have not provided us with the correct information, including, but not limited to, the correct Payment Instructions or Eligible Transaction Account information, or the correct name and email address, Zelle® tag or mobile phone number of the Receiver to whom you are initiating a Payment Instruction; and/or,
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Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution, or interference from an outside force) prevent the proper execution of the Payment Instruction.
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It is the responsibility of the Sender and the Receiver to ensure the accuracy of any information that they enter into the Zelle® and Other Payment Services (including, but not limited to, the Payment Instructions and name, telephone number and/or email address for the Receiver to whom you are attempting to send a payment), and for informing us as soon as possible if they become aware that this information is inaccurate. We will make a reasonable effort to stop or recover a payment made to the wrong person or entity once informed, but we do not guarantee such stoppage or recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by the Sender or Receiver.
3. Sending Payments.
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You may send money to another User at your initiation or in response to that User’s request for money. When you send money to another User at your initiation, you may initiate a: (i) one-time payment that will begin processing immediately, (ii) one-time future dated payment that will begin processing on a specified future date, or (iii) recurring payment series that will begin processing recurring payments on a specified series of dates. Further details about each of these options can be found on the Site. You understand that use of the Zelle® and Other Payment Services by you shall at all times be subject to (i) this Agreement, and (ii) your express authorization at the time of the transaction for us or another Network Financial Institution to initiate a debit entry to your bank account. One-time payments that process immediately cannot be edited or canceled. You may edit or cancel a one-time future dated payment or recurring payment until the payment begins processing. You understand that when you initiate sending money using Zelle® and Other Payment Services and a payment has begun processing, it cannot be edited or canceled. As to the Zelle® Payment Service, if the person you sent money to has already enrolled with Zelle®, the money is sent directly to their bank account (except as otherwise provided in Section 3(f) below) and may not be canceled or revoked. We therefore recommend that you use the Zelle® Payment Service to send money only to people you know and trust. Your ability to cancel or stop payments is addressed more generally in Section 6 (Payment Cancellation, Stop Payment Requests and Refused Payments) below.
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Payment Instructions initiated to Receivers require you to provide contact information about the Receiver (including an email address, mobile telephone number and/or Zelle® tag). If the Receiver maintains an Eligible Transaction Account with a Network Financial Institution and has not yet enrolled in Zelle®, then the Zelle® Payment Service will contact the Receiver regarding enrollment in Zelle® and receipt of payment (a “Two-Step Transfer”). If the Receiver has already enrolled in Zelle®, then the Receiver will receive a message regarding your payment.
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Via the Other Payment Services, we also support the sending of money to Receivers if you provide the Eligible Transaction Account information for the Receiver and other contact information for the Receiver; such transactions are not sent via Zelle®. You acknowledge and agree that if your Payment Instructions identify an account by name and account number, the relevant financial institution may execute those Payment Instructions by reference to the account number only, even if such account number does not correspond to the account name. You further acknowledge and agree that financial institutions holding the account may choose to not investigate discrepancies between account names and account numbers. We have no responsibility to investigate discrepancies between account names and account numbers, outside of our obligations under the law to investigate errors, described above in Section 22 of the General Terms (Errors, Questions, and Complaints).
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In most cases, when you are sending money to another User using the Zelle® Payment Service, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle®, the other Network Financial Institutions, and other Zelle® users, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle®, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle®, or otherwise ignore the payment notification, and the transfer may not occur. You agree that you as a Sender will not hold us liable for any damages resulting from a Receiver not enrolling in Zelle®. The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we or Zelle® delay or block a payment that you have initiated, we will notify you via email to the designated email address within your Zelle® profile. Neither we nor Zelle® have control over the actions of other Users or other Network Financial Institutions that could delay or prevent your money from being delivered to the intended User.
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For the Other Payment Services and those Zelle® Payment Service payments where the Site indicates payment will require more than a Business Day, you understand and agree that when you initiate a Payment Instruction from an Eligible Transaction Account, the processing of the Payment Instruction will begin and the debiting of your Eligible Transaction Account will occur as early as the day of such initiation. However, you and the Receiver should not expect the payment funds to be transferred into the Receiver's Eligible Transaction Account any earlier than the next Business Day after you initiated the Payment Instruction. If you request a one-time Payment Instruction to be initiated on a specified date or a recurring series of Payment Instruction to be initiated on specified dates, then the processing of the Payment Instruction will begin on the specified date and the debiting of your Eligible Transaction Account will occur as early as the specified date(s). However, you and the Receiver should not expect the payment funds to be transferred into the Receiver's Eligible Transaction Account any earlier than the next Business Day following the specified date. In addition, in the case of all Two-Step Transfers, the deposit of the payment funds into the Receiver's Eligible Transaction Account (even if debited or withdrawn from your Eligible Transaction Account) may be delayed if the Receiver has not enrolled in Zelle®. The Site may contain additional information regarding the delivery of a payment to an Eligible Transaction Account.
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For Zelle® Payment Service payments, as to Recipients who have not yet enrolled with Zelle®, you acknowledge and agree that when we begin processing the Payment Instruction we will debit funds from your Eligible Transaction Account immediately, but we will only begin to process the requested transfer of funds to the Receiver once the Receiver has provided (or we otherwise obtain) all required information, and you hereby authorize and direct us to retain such funds until the earlier of such time as the Receiver has provided (or we otherwise obtain) all required information or fourteen (14) days have elapsed. You further acknowledge and agree that our receipt of money to be transmitted to a Receiver shall not be deemed to have occurred and our obligation to complete a Payment Instruction shall not begin until such time as the Receiver provides us with (or we otherwise obtain) all required information necessary to process the related Payment Instruction in accordance with this Agreement.
4. Receiving Payments; Money Transfers by Network Financial Institutions.
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All transfers of money to you shall be performed by a Network Financial Institution per the direction of that Network Financial Institution customer and at all times subject to the terms and conditions of the relevant service agreement between that Network Financial Institution and its customer, including without limitation any restrictions or prohibitions on permissible transactions. Once a User initiates a transfer of money to your email address, mobile phone number, or Zelle® tag enrolled with the Zelle® Payment Service, you have no ability to stop the transfer. By using the Zelle® Payment Service, you agree and authorize us to initiate credit entries to the bank account you have enrolled. If another person wants to initiate a Payment Instruction (including in response to a Zelle® request for money, if applicable) using the Zelle® Payment Service to an Eligible Transaction Account you hold or, as applicable, if you as a Requestor want to initiate a request for money, he, she or you can do that from the Site or from an Eligible Transaction Account at a financial institution that participates in the Zelle® Payment Service.
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For the Zelle® Payment Service, most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, us, Zelle® and the other Network Financial Institutions, we may need or Zelle® may need additional time to verify your identity or the identity of the person sending the money. We or Zelle® may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we or Zelle® delay or block a payment that you have initiated through a request for money, we will notify you via email to the designated email address within your Zelle® profile. If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this Agreement and the procedures of the business or government agency that is sending you the payment. We have no control over the actions of other Users, Zelle® or other Network Financial Institutions that could delay or prevent a transfer of money to you. You understand and agree that there may be a delay between the time you are notified of the pending Payment Instruction and the deposit of the payment funds into your Eligible Transaction Account, and you may be required to take additional steps to facilitate the deposit of the payment of funds into your Eligible Transaction Account, such as if we have questions regarding possible fraud in connection with the payment. You authorize the Sender, the financial institution which holds the Sender's Eligible Transaction Account and us (including through the Site) to send emails to you and text messages to your mobile phone in connection with the Sender's initiation of Payment Instructions to you, and, as a Receiver, you may receive requests for money, from others through the Zelle® Payment Service.
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You acknowledge and agree that in the event that funds are transferred into your Eligible Transaction Account as a result of a Payment Instruction and it is determined that such transfer was improper because it was not authorized by the sender, because there were not sufficient funds in the sender's account, or for any other reason, then you hereby authorize us or our Service Provider to withdraw from your Eligible Transaction Account an amount equal to the amount of funds improperly transferred to you.
5. Requesting Payments.
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You may request money from another User. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle® guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither we nor Zelle® accept responsibility if the other User rejects or ignores your request, or sends you an amount that is less than you request. If a User ignores your request, we may decide or Zelle® may decide, in our discretion, that we will not send a reminder or repeat request to that User.
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By accepting this Agreement, you agree that you are not engaging in the business of debt collection by attempting to use the Zelle®Payment Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless Zelle®, its owners, directors, officers, agents and Network Financial Institutions from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts. You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the Requestor and recipient and are not reviewed or verified by us or by Zelle®. Neither we nor Zelle®assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the Requestor. We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive, or unwelcome by the recipient.
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If applicable, if you as a Requestor initiate a request for money using the Zelle® Payment Service, you acknowledge and agree that as disclosed on the Site (a) the applicable service fee will be deducted from payments received by you from a Sender(s), and (b) no service fee will be charged if you as the Requestor do not receive any payments from the individuals to whom the request is sent. Further details about the foregoing can be found on the Site. You acknowledge and agree that individuals to whom you send a request for money may not receive, or otherwise may reject or ignore, your request. We do not guarantee that you will receive any payments from individuals by initiating a request for money.
6. Payment Cancellation, Stop Payment Requests, and Refused Payments. Sender may only cancel a Payment Instruction until the payment begins processing. Sender may only stop a Payment Instruction at any time until the processing of the Payment Instruction into the Receiver’s Eligible Transaction Account has begun. Our ability to stop a Payment Instruction will depend on the manner in which the Payment Instruction was initiated, and whether the Payment Instruction to the Receiver’s Eligible Transaction Account has begun processing. Although we will make a reasonable effort to accommodate a stop payment request, we will have no liability for failing to do so. We may also require you to present your stop payment request in writing within fourteen (14) days after contacting customer care, or otherwise directing us to stop a payment. If we charge you to stop the payment, then the charge for each stop payment request will be the current charge as set out in our current fee schedule. Payments not claimed by a Receiver who has not enrolled in Zelle® will be automatically cancelled by us fourteen (14) days after the processing of the payment begins. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment to your Eligible Transaction Account or use other reasonable efforts to return such payment to you as permitted by law.
7. Consent to Emails and Automated Text Messages. By participating as a User, you represent that you are the owner of the email address, U.S. mobile phone number, Zelle® tag and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, U.S. mobile phone number, Zelle® tag and/or other alias to send or receive money as described in these Zelle® and Other Payment Terms. You consent to the receipt of emails or text messages from us, from Zelle®, from other Users that are sending you money or requesting money from you, and from other Network Financial Institutions or their agents regarding the Zelle® and Other Payment Services or related transfers between Network Financial Institutions and you. You agree that we may, Zelle® may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:
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You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees, as message and data rates may apply.
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You will immediately notify us if any email address or mobile number you have enrolled or is used as a contact method for a Zelle® tag is (i) surrendered by you, or (ii) changed by you.
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In the case of any messages that you may send through either us or Zelle® or that we may send or Zelle® may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle® sends on your behalf may include your name.
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Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle®, including messages that you may send through us or through Zelle® or that we may send or Zelle® may send on your behalf.
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To cancel text messaging from us for the Zelle® and Other Payment Services, send STOP to 767666. For help or information regarding text messaging, send HELP to 767666 or contact our customer service at 800-877-8021. You expressly consent to receipt of a text message to confirm your "STOP" request.
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Supported Carriers: AT&T, Sprint, T-Mobile, Verizon, and others.
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Your phone service provider is not the provider of the Zelle® and Other Payment Services. Users of the Zelle® Payment Service will receive text messages relating to their Payment Instructions and other notices from time to time if a mobile phone number is provided. Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. In the event your enrolled mobile device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such device. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised.
8. Service Fees and Additional Charges. You are responsible for paying all fees associated with your use of the Zelle® and Other Payment Services. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Zelle® and Other Payment Services or Site. Additional fees may apply for small business Users enrolled in the Zelle® Small Business Service. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES WILL BE CHARGED REGARDLESS OF WHETHER THE PAYMENT INSTRUCTION IS COMPLETED, UNLESS THE FAILURE TO COMPLETE THE INSTRUCTION IS SOLELY DUE TO OUR FAULT, except for those fees that are specifically use-based, such as a request for money, if applicable. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Eligible Transaction Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts (or Other Eligible Transaction Accounts) will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section 18 of the General Terms (Failed Or Returned Payment Instructions) applies if you do not pay our fees and charges for the Zelle® and Other Payment Services, including without limitation if we debit the Eligible Transaction Account for such fees, as described in this Section, and there are insufficient funds in the Eligible Transaction Account.
9. Refused Payments. We reserve the right to refuse to pay any Receiver. We will attempt to notify the Sender promptly if we decide to refuse to pay a Receiver designated by the Sender. This notification is not required if you attempt to make a prohibited payment under this Agreement.
10. Returned Payments. In using the Zelle® and Other Payment Services, you understand that Receivers may reject Payment Instructions or otherwise return payments only if the Receiver is not enrolled in Zelle®. We will use reasonable efforts to complete Payment Instructions initiated through the Zelle® Payment Service.
11. Consent to Share Personal Information (Including Account Information). In addition to Section 20 (Information Authorization) of the General Terms, by accepting this Agreement, you consent to our disclosure of your personal information (including bank account information) as necessary to complete payment transactions in accordance with our customary processes and procedures, which may include, without limitation, the following:
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As necessary to resolve a problem related to a transfer or payment between you and another User;
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To verify the existence of your bank account, or debit card, as applicable;
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To comply with government agency or court orders;
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To our affiliates, as permitted by law;
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To verify your identity for purposes of compliance with applicable laws, including without limitation the USA PATRIOT Act;
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To comply with inquiries in connection with fraud prevention or any investigation;
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For our general business purposes, including without limitation data analysis and audits; or
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As otherwise permitted by the terms of our Privacy Policy.
12. Wireless Operator Data. In addition to Section 20 (Information Authorization) of the General Terms, you acknowledge that we or Zelle® may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using the Zelle® Payment Service, you authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Zelle® or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See Zelle®’s Privacy Policy at https://www.zellepay.com/privacy-policy for how it treats your data. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
13. Liability. Neither we nor Zelle® shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle® to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle® shall be liable for any typos or keystroke errors that you may make when using the Zelle® Payment Service. THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE® TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE® DOES NOT OFFER PURCHASE PROTECTION FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED). REIMBURSEMENT IS AVAILABLE FOR UNAUTHORIZED TRANSACTIONS OR TRANSACTIONS RESULTING FROM CERTAIN QUALIFYING IMPOSTER SCAMS. CONTACT US TO DISPUTE A TRANSACTION.
14. Disclaimer of Warranties. EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, NEITHER WE NOR ZELLE® MAKES ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE ZELLE® PAYMENT SERVICE. WE AND ZELLE® EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE ZELLE® PAYMENT SERVICE DESCRIBED OR PROVIDED. NEITHER WE NOR ZELLE® WARRANT THAT THE ZELLE® PAYMENT SERVICE WILL BE UNINTERRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE ZELLE® PAYMENT SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
15. Limitation of Liability.
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Section 34 (Limitation of Liability) of the General Terms does not apply to Zelle® Payment Services. EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WE, ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK FINANCIAL INSTITUTIONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE ZELLE® PAYMENT SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE ZELLE® PAYMENT SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE ZELLE® PAYMENT SERVICES DESCRIBED OR PROVIDED, EVEN IF WE OR ZELLE® HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE ZELLE® PAYMENT SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ZELLE® PAYMENT SERVICES.
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IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF OURS, ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK FINANCIAL INSTITUTIONS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
16. Indemnification. You acknowledge and agree that you are personally responsible for your conduct while using the Zelle® Payment Service and except as otherwise provided in this Agreement, you agree to indemnify, defend and hold harmless Zelle®, its owners, directors, officers, agents and Network Financial Institutions from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, errors or inability to use the Zelle® Payment Service, or any violation by you of the terms of this Agreement.
17. Use of Our Online Banking Site and/or Mobile App. You agree to access the Site and/or mobile app in compliance with our terms and conditions that we make available elsewhere on the Site, which are incorporated into and made part of this Agreement by this reference.
18. Your Liability for Unauthorized Transfers. Section 16 (Your Liability for Unauthorized Transfers) of the General Terms shall not apply to the Zelle® Payment Service. Immediately following your discovery of an unauthorized Zelle® Payment Service Payment Instruction, you shall communicate with customer care in the manner set forth in Section 6 of the General Terms above. You acknowledge and agree that time is of the essence in such situations. The best way to minimize your loss is to call us immediately. You will have no liability for unauthorized transactions if you notify us within sixty (60) days after your monthly financial institution statement which shows the unauthorized transaction has been sent to you. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we will extend the time periods specified above to a reasonable period.
When you give someone your password or other means to access your account through which you access the Zelle® and Other Payment Services, you are authorizing that person to use your service, and you are responsible for all transactions that person performs while using your service. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. Additionally, transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.
Note: These liability rules only apply to Eligible Transaction Accounts used for personal, family and household purposes.
19. Content Standards; Zelle® Tags.
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Content Standards: You agree that you will not use the Zelle® Payment Service in any way, or upload or provide content or otherwise post, transmit, distribute, or disseminate through the Zelle® Payment Service any material that: (1) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (2) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (3) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (4) contains corrupted data or any other harmful, disruptive, or destructive files; (5) advertises products or services competitive with Zelle®, as determined by Zelle® in its sole discretion; or (6) in Zelle®'s or our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Zelle® Payment Service, or which may expose us, Zelle® or our respective affiliates or customers to harm or liability of any nature.
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Although neither we nor Zelle® have any obligation to monitor any content, both we and Zelle® have absolute discretion to remove content at any time and for any reason without notice. We and Zelle® may also monitor such content to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Zelle® Payment Service, you may be exposed to content that is offensive, indecent, or objectionable. We and Zelle® are not responsible for, and assume no liability, for any content, including any loss or damage to any of your content. We and Zelle® make no representation or warranty that content uploaded to a User profile accurately identifies a particular User of the Zelle® Payment Service.
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The Zelle® Payment Service may include functionality for you to use a unique alpha-numeric identifier to your registered User profile to be used in lieu of your phone number or email address when sending, receiving, or requesting money, which will be your “Zelle® tag.” Each Zelle® tag must have an eligible U.S. mobile phone number associated with it and there will be a limit on the number of Zelle® tags you may use. Your Zelle® tag must meet the Content Standards. You may not select a Zelle® tag that misleads or deceives other Users of the Zelle® Payment Service as to your identity, or otherwise. Although neither we nor Zelle® have any obligation to monitor User Zelle® tags, both we and Zelle® have absolute discretion to remove a User Zelle® tag at any time and for any reason without notice. We and Zelle® may require you to change your Zelle® tag in our sole discretion, and we may elect to make a Zelle® tag unavailable to you, without any liability to you. We and Zelle® may also monitor User Zelle® tags to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Zelle® Payment Service, you may be exposed to a Zelle® tag that is offensive, indecent, or objectionable. We and Zelle® are not responsible for, and assume no liability, for any User Zelle® tags, including any loss or damage caused thereby. We and Zelle® make no representation or warranty that a User Zelle® tag accurately identifies a particular User of the Zelle® Payment Service. We respect the intellectual property of others and require that users of the Zelle® Payment Service comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services for users who use or publish content on the Zelle® Payment Service that is subject to intellectual property rights claims.
20. Arbitration. You acknowledge and agree that for any claims or disputes you assert against Zelle® and Early Warning Services, LLC, Zelle® and Early Warning Services, LLC are entitled to enforce Section 28 (Arbitration) of the General Terms against you.
21. Definitions.
a. "Network Financial Institutions" means financial institutions that have partnered with Zelle®.
b. "Receiver" is a person or business entity that is sent a Payment Instruction through the Zelle® and Other Payment Services.
c. "Requestor" is a person that requests an individual to initiate a Payment Instruction through the Zelle® Payment Service.
d. "Sender" is a person or business entity that sends a Payment Instruction through the Zelle® and Other Payment Services.
e. "Zelle® Small Business Service" means functionality, to the extent made available by us, that enables a small business User to (i) send requests for money through the Zelle® Payment Service, and (ii) send and receive Payment Instructions through the Zelle® and Other Payment Services. Users that access the Zelle® and Other Payment Services through a business account shall be classified as Zelle® Small Business Service Users. The Zelle® Small Business Service is included in the definition of "Zelle® Payment Service".
22. Trademarks. Zelle® and the Zelle® related marks are wholly owned by Early Warning Services, LLC and are used herein under license.
MOBILE BANKING ADDITIONAL TERMS AND CONDITIONS (MOBILE BANKING AGREEMENT AND DISCLOSURE)
The following additional Terms and Conditions (the “Mobile Banking Terms”) apply to the First Federal Bank Mobile Banking services (“Mobile Banking”, the “Mobile Banking Service”, and/or the “Mobile Banking Services") that allow you to access your First Federal Bank accounts and perform transactions via your mobile phone with web browsing and other Internet capabilities. These Mobile Banking Terms state the terms and conditions that you agree to by using the Mobile Banking Service. These Mobile Banking Terms supplement the First Federal Bank (“FFB”) Deposit Account Agreement and Disclosures, the Online Banking Service Agreement and Additional Terms and Conditions, and any other agreement between you and FFB. The terms “you” and “your” refer to any person subscribing to the Mobile Banking Service. The terms “We”, “us”, “our”, “FFB”, and “Bank” refer to First Federal Bank. Please read the entire Agreement prior to using FFB’s Mobile Banking Service. By using Mobile Banking, you acknowledge your receipt and understanding of these Mobile Banking Terms and agree to all terms and conditions of these Mobile Banking Terms, as periodically revised.
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Account Eligibility and Enrollment. You must be enrolled on FFB Online Banking to access Mobile Banking. Access to Mobile Banking must be enabled online through FFB Internet Banking. To enable Mobile or Text Banking, use your Online Banking Access ID and Password to access the system, then select Mobile Browser and/or text banking from the Options menu to complete enrollment. Mobile Banking is accessible seven (7) days a week, twenty-four (24) hours a day. However, the system may be temporarily unavailable from time to time for maintenance. Our Mobile Banking app is available at Apple iTunes and the Google Play Store.
2. Mobile Banking Features. You may use Mobile Banking to:
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View your Checking, Savings and Loan account balances;
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Review current business day transactions;
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Review transaction history since your last statement;
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Transfer funds between accounts;
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Locate ATMs and Branches; and
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Log in to Mobile Banking after Enrollment. To access Mobile Banking, you will need your FFB Online Banking Access ID.
3. Relation to Other Agreements. Your use of Online Banking services, such as Mobile Banking, may also be affected by the agreements between us for your deposit, credit card, and other linked accounts. When you link an account to Online Banking services, you do not change the agreements you already have with us for that account. For example, when you use Online Banking services to access a deposit account, you agree to the terms and conditions we gave you in the agreement and disclosure for the deposit account. You should review those agreements for any applicable fees, for limitations on the number of transactions you can make, and for other restrictions which might impact your use of an account with Online Banking services. FFB may, periodically, introduce new Mobile Banking services. By using the new services when they become available, you agree to be bound by the terms and conditions concerning these services.
4. Equipment and Software. FFB does not guarantee that your mobile phone/mobile phone service plan will be compatible with our Mobile Banking service. You are responsible for understanding the operation and maintenance of your mobile phone. FFB is not responsible for any errors or problems related to your mobile phone, mobile provider, or mobile internet access. Nor are we responsible for any fees assessed by your telephone company, internet service provider, or any other outside party. Mobile phones with internet capabilities are susceptible to viruses. Customers are responsible for making sure that the mobile phone they are using to access Mobile Banking is protected from and free of viruses, worms, Trojan horses, or other similar harmful components (collectively referred to as “viruses”), which could result in damage to programs, files, and/or your phone could result in information being intercepted by a third party. FFB will not be responsible or liable for any indirect, incidental, special or consequential damages that may result from such harmful components being present on the mobile phone, nor will FFB be responsible or liable if sensitive information accessed via our Mobile Banking service is intercepted by a third party due to any of the above named “viruses” residing or being contracted by the customer’s mobile phone at any point or from any source. We are not responsible for errors or delays or your inability to access the service caused by your equipment. We are not responsible for the cost of upgrading your equipment to stay current with the services nor are we responsible, under any circumstances, for any damage to your equipment or the data resident thereon.
5. Mail and Telephone Communications.
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You may visit FFB at your normal banking location. We strongly discourage you from sending confidential account information to FFB via unsecured email. However, you can send secure mail via our website at http://www.ffbf.com by clicking on the Contact Us link.
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For telephone and mail communications, please use the following:
First Federal Bank
Attention: Customer Service
P.O. Box 2029
Lake City, Florida 32056
877-499-0572
6. Mobile Banking Service Limitations. Transactions conducted via Mobile Banking are subject to all withdrawal and transfer limitations and excess activity charges described in the FFB Deposit Account Agreements Disclosures. Additionally, the following limitations on
7. Transfers.
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You may make transfers to your other accounts as often as you like. Transfers from a Savings, Money Market or Cash Management account to another account or to third parties by preauthorized, automatic, telephone or computer transfer are limited. You may transfer up to the available balance in your account or up to the available credit limit on a line of credit at the time of the transfer, except as limited under these Mobile Banking Terms or your deposit or loan agreements. FFB reserves the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. FFB may set other limits on the amount of any transaction and you will be notified of those limits.
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You are limited to nine (9) transfers per quarter from a Savings, account to another account or third-party and six (6) per month from a Money Market or Cash Management account Thereafter, a transfer may be declined or result in a fee.
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Processing of Transfer Request. Transfers you submit from an account (Checking, Savings, Money Market, CMA, or Line of Credit) are immediately reflected in your balances for that account. Transfers entered before the cut-off time of 7:00 PM EST on a bank business day are processed on that bank business day. Transfers entered after the cut-off time or on a bank holiday are processed on the next bank business day. All transfers are reflected on your statement with the calendar day they were processed.
d. Cut-off Times for Crediting of Transfers. The crediting of funds depends on the type of account you are transferring to and the daily cut-off time. Online Banking transfers to deposit accounts are immediately reflected in the account balance online and at ATMs. In order for transferred funds to be available to pay items that are processed against your account overnight (i.e. checks, direct debits), they must be entered before the cut-off time of 7:00 PM EST. To avoid possible insufficient funds or overdraft fees, please be sure to submit your transfers before the cut-off time. Funds transferred as a payment to a line of credit, installment loan or mortgage account before the cut-off time of 7:00 PM EST will be credited with the date the payment is made. However, updates to account balances and funds availability may take up to two (2) Business Days. To ensure crediting of payments for the same calendar day, please be sure to submit your transfers before the cut-off time.
e. Account Information. The account balance and transaction history information may be limited to recent account information involving your accounts. Also, the availability of funds for transfer or withdrawal may be limited due to the processing time for any deposit transactions and our Funds Availability Policy which was provided at account opening.
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Transfers entered before 7:00 PM EST will be processed that day. Transfers entered after 7:00 PM EST will be processed the next bank business day.
8. Security of Login Information. You are responsible for keeping your login information private. This login information is confidential and should not be disclosed to third parties or recorded. You agree not to disclose or otherwise make your login information available to anyone not authorized by you to sign on your accounts. If you authorize anyone to use your login information, you understand that person may use the Mobile Banking service to review all of your account information and perform account transactions. Therefore, we are entitled to act on transaction instructions received using your login information, and you agree that the use of your login information will have the same effect as your signature authorizing transactions. If you authorize anyone to use your login information, that authority will be considered unlimited in amount and manner until you specifically revoke such authority by notifying FFB. Upon such notification, we will require that you change your login information. You are responsible for any transactions made by such persons until you notify us that transactions and access by that person are no longer authorized and your login information is changed. If you fail to maintain or change the security of your login information, and FFB suffers a loss, we may terminate your electronic funds transfer and account services immediately.
9. Email and System Protection. Identity theft and account hijacking are a focus of information security protection. FFB recommends protecting yourself and your information by following these suggestions, among others:
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Do not send any confidential information via email– including social security numbers, Access IDs, Passwords, account numbers, etc.;
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FFB will never ask for your Password through an email; and
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Avoid using unsecured wireless connections when accessing Mobile Banking and other secure transaction sites.
10. Fees and Charges. There is no additional fee charged by FFB for using FFB Mobile Banking; however all other fees associated with your Online Banking and other accounts apply. From time to time, the charges may be changed. We will notify you of any changes as required by law. Standard text messaging rates and other taxes and additional fees from your mobile phone service provider may also apply when using Mobile Banking. Check with your mobile phone service provider for more information on those fees. Further, please refer our Fee Schedule found at https://www.ffbf.com/fees for a list of charges applicable to Mobile Banking.
14. Termination of Mobile Banking Services. We reserve the right to terminate the Mobile Banking Services, in whole or in part, at any time with or without cause and without prior written notice. In the event, or in the event that you give us a termination notice, we may (but are not obligated to) immediately discontinue making previously authorized transfers, including recurring transfers and any other transfers that were previously authorized but not yet made. We also reserve the right to temporarily suspend the Mobile Banking Services in situations deemed appropriate by us, in our sole and absolute discretion, including when we believe a breach of system security has occurred or is being attempted. We may consider repeated incorrect attempts to enter your login information as an indication of an attempted security breach. Termination of the Mobile Banking Services does not affect your obligations under these Mobile Banking Terms with respect to occurrences before termination. In addition, we reserve the right to terminate the service if you fail to use the service for more than six months. You or any other party to your account can terminate these Mobile Banking Terms by notifying us inwriting or by telephone. Termination of service will be effective the first business day following receipt of your written notice. Termination of these Mobile Banking Terms will not affect the rights and responsibilities of the parties under these Mobile Banking Terms for transactions initiated before termination. This cancellation applies to your Online Banking services and does not terminate any of your other accounts with FFB.
15. Notices. FFB reserves the right to change the terms and conditions upon which this Mobile Banking Service is offered. FFB will notify you at least thirty (30) days before the effective date of any change, if required by law and when practicable. Any change in terms will also be published online.
Mobile Deposit Additional Terms and Conditions
The following Mobile Deposit Additional Terms and Conditions (the “Mobile Deposit Terms”) applies to mobile deposit feature (“Mobile Deposit” and/or the “Mobile Deposit Service”) within the Mobile Banking mobile application (the “Mobile Banking App”), notwithstanding anything in the Agreement to the contrary. These Mobile Deposit Terms only apply to Mobile Deposit. If Mobile Deposit is not available or applicable to you, then the Mobile Deposit Terms does not apply. To the extent there is any conflict between the terms of the Agreement and these Mobile Deposit Terms with respect to Mobile Deposit, then the terms in these Mobile Deposit Terms shall apply.
1. Services. The Mobile Deposit Service is designed to allow you to make deposits into checking accounts that are eligible to receive mobile check deposits (“Mobile Accounts”) by converting checks into an image by taking pictures of checks and delivering the images and associated deposit information to First Federal Bank’s designated processor via an application (the “App”) installed on your supported mobile device. The App is considered part of the Mobile Deposit Service. The Mobile Deposit Service is made available to First Federal Bank members at the sole discretion of First Federal Bank and may not be available to all First Federal Bank members.
2. Acceptance of these Terms. Your use of the Mobile Deposit Service constitutes your acceptance of these Mobile Deposit Terms. These Mobile Deposit Terms are subject to change from time to time. We will notify you of any material change via one or more of the following methods: an alert when you sign-in to the Mobile Deposit Service, e-mail, text message, or on our website by providing a link to the revised Mobile Deposit Terms or by an online secure message. Your continued use of the Mobile Deposit Service will indicate your consent to be bound by the revised Mobile Deposit Terms. Further, First Federal Bank reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Mobile Deposit Service. Your continued use of the Mobile Deposit Service will indicate your acceptance of any such changes to the Mobile Deposit Service.
3. Equipment/Data Service. To use the Mobile Deposit Service, you must obtain and maintain, at your expense, a supported mobile device with compatible hardware and software as specified by First Federal Bank and suitable data service. We do not guarantee that your particular mobile device, mobile device camera, mobile device operating system, mobile carrier, or data service will be compatible with the Mobile Deposit Service. First Federal Bank is not responsible for any third-party software you may need to use the Mobile Deposit Service. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third-party software provider at time of download and installation.
4. Limitations. When using the Mobile Deposit Service, you may experience technical or other difficulties. We do not assume responsibility for any such difficulties or any resulting damages that you may incur. For security reasons, the Mobile Deposit Service has qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Mobile Deposit Service, in whole or in part, or your use of the Mobile Deposit Service, in whole or in part, immediately and at any time without prior notice to you. We reserve the right to limit the number of Mobile Devices through which you may access the Mobile Deposit Service. Except as expressly provided in these Mobile Deposit Terms, deposits made though the Mobile Deposit Service are subject to all limitations and terms set forth in the relevant deposit agreement governing your Mobile Account as it may be modified from time to time, including, but not limited to, those related to deposit acceptance, crediting, collection, endorsement, processing order and errors.
5. Eligibility and/or Qualifications. To use the Mobile Deposit Service, you must have a First Federal Bank checking account.
6. Eligible Checks and Items. You agree to scan and deposit only “checks” as that term is defined in Federal Reserve Regulation CC (“Reg CC”) and only those checks that are permissible under these Mobile Deposit Terms or such other items as we, in our sole discretion, elect to include under the Mobile Deposit Service. You authorize us to process any image that you send us or convert any image to an Image Replacement Document for subsequent presentment and collection. You agree that you will not use the Mobile Deposit Service to scan and deposit any checks or other items as shown below:
a. Checks or items payable to any person or entity other than you, or to you and another party;
b. Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into;
c. Checks or items containing alteration to any of the fields on the front of the check or item (including the MICR line), or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn;
d. Checks or items previously converted to a substitute check, as defined in Reg CC;
e. Checks or items drawn on a financial institution located outside the United States;
f. Checks or items that are remotely created checks, as defined in Reg CC, and Checks that have previously been submitted through the Mobile Deposit Service or through a remote deposit capture service offered at any other financial institution;
g. Checks or items not payable in United States currency;
h. Checks or items dated more than six (6) months prior to the date of deposit;
i. Checks or items on which a stop payment order has been issued or for which there are insufficient funds;
j. Checks or items prohibited by our current procedures relating to the Mobile Deposit Service or which are otherwise not acceptable under the terms of your Mobile Account;
k. Checks with any endorsement on the back other than that specified in these Mobile Deposit Terms;
l. Money Orders;
m. Traveler’s Checks;
n. Insurance drafts; and
o. Credit card cash advance checks.
Nothing in these Mobile Deposit Terms should be construed as requiring First Federal Bank to accept any check or item for deposit, even if First Federal Bank has accepted that type of check or item previously. Nor shall First Federal Bank be required to identify or reject any checks or items that you may scan and deposit that fail to meet the requirements of these Mobile Deposit.
7. Security of Your Mobile Device and Account Information. You are responsible for: (a) maintaining the confidentiality and security of your Mobile Devices, access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you to access the Mobile Deposit Service (collectively, “Access Information”); and (b) preventing unauthorized access to or use of the information, files or data that you store, transmit or use in or with the Mobile Deposit Service (collectively, “Account Information”). You agree not to supply your Access Information to anyone. You will be responsible for all electronic communications, including image transmissions, email, and other data (“Communications”) entered using the Access Information. Any Communications received through the use of the Access Information will be deemed to be sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft, or unauthorized use of any Access Information, including your Mobile Devices. We reserve the right to deny you access to the Mobile Deposit Service (or any part thereof) if we believe that any loss, theft, or unauthorized use of Access Information has occurred.
8. Image Quality. You are responsible for the image quality of any check or item that you transmit. The image of a check or item transmitted to First Federal Bank using the Mobile Deposit Service must be legible. The image quality of the checks and items must comply with the standards established from time to time by any clearing house we use, agreement we have with respect to processing checks or items, or any higher standard set by us. You agree that we shall not be liable for any damages resulting from a check or item’s poor image quality, including those related to rejection of or the delayed or improper crediting of such a check or item, or from any inaccurate information you supply regarding the check or item.
9. Endorsements and Procedures. Before transmission, you agree to restrictively endorse any check or item transmitted through the Mobile Deposit Service as “For mobile deposit at First Federal Bank” or as otherwise instructed by First Federal Bank. You agree to follow any and all other procedures and instructions for use of the Mobile Deposit Service as we may establish. You agree to supply any information in your possession that we request regarding a check or item deposited or attempted to be deposited through the Mobile Deposit Service.
10. Receipt of Checks and Items. We reserve the right to reject any check or item transmitted through the Mobile Deposit Service, at our discretion, without liability to you. We are not responsible for checks or items we do not receive in accordance with these Mobile Deposit Terms or for images that are dropped or damaged during transmission. An image of a check or item shall be deemed received when you receive a confirmation from First Federal Bank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, able to be processed or complete or that funds will be credited for that check or item. Once you have used the Mobile Deposit Service to deposit a Check you agree not to present, or allow anyone else to present, that original Check or a substitute check of that original Check again for deposit through the Mobile Deposit Service or by any other means. If you or anyone else present a Check or substitute check for deposit more than once, in violation of these Mobile Banking Terms, you agree to indemnify, defend, and hold First Federal Bank harmless from and against all liability and damages that may result from any claims, suits or demands from third parties with respect to such Check or substitute check. You agree that we may debit from your account the aggregate amount of any Checks that are deposited more than once. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any other of your accounts in First Federal Bank’s sole discretion.
11. Availability of Funds. You agree that the items are not subject to the dispute resolution process or requirements established under the Electronic Funds Transfer Act or its implementing regulation, Regulation E. In general, if an image of an item you transmit through the Mobile Deposit Service is received and accepted before our cut-off time for the Mobile Deposit Service, we consider that Business Day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. The cut-off time for Mobile Deposits is 7:00 PM EST. We will make funds available for checks and items received, accepted, and successfully processed through the Mobile Deposit Service according to our standard funds availability policy. Additional detail with respect to our Funds Availability Policy and in the Deposit Account Agreement, which were provided at the time of account opening.
12. Disposal of Transmitted Checks and Items. Upon your receipt of confirmation from First Federal Bank that we have received an image that you transmitted, you agree to retain the check for at least thirty (30) business days from the date of the image transmission. After thirty (30) days, you agree to destroy the check that you transmitted as an image, mark it “VOID”, or otherwise render it incapable of further transmission, deposit or presentment. During the time the check is available, you agree to promptly provide it to First Federal Bank upon request.
13. Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits (over a period of time set by us) that you transmit using the Mobile Deposit Service and to modify such limits from time to time. Default deposit limits are Two Thousand, Five Hundred ($2,500) per day. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will be subject to the terms of these Mobile Deposit Terms, and we will not be obligated to allow such a deposit at other times.
14. Presentment. The manner in which the checks and items are cleared, presented (or represented) for payment, and collected shall be in First Federal Bank’s sole discretion.
15. User Warranties and Indemnification. You warrant to First Federal Bank that:
a. You will only transmit eligible items that are properly endorsed;
b. Images will meet the image quality standards;
c. You will not transmit duplicate items;
d. You will not deposit or re-present the original item once it has been scanned and sent through the Mobile Deposit Service, unless specifically requested to do so by First Federal Bank;
e. All information you provide to First Federal Bank is accurate and true;
f. First Federal Bank will not sustain a loss because you have deposited an image;
g. You will comply with these Mobile Banking Terms and all applicable rules, laws, and regulations; and
h. Items you transmit do not contain viruses. You agree to indemnify and hold harmless First Federal Bank from any loss for breach of the warranty provision.
16. Changes to the Mobile Deposit Service. We reserve the right to terminate, modify, add, and remove features from the Mobile Deposit Service at any time in our sole discretion. You may reject changes by discontinuing use of the Mobile Deposit Service. Your continued use of the Mobile Deposit Service will constitute your acceptance of and agreement to such changes. Maintenance to the Mobile Deposit Service may be performed from time-to-time resulting in interrupted service, delays or errors in the Mobile Deposit Service and we shall have no liability for any such interruptions, delays, or errors. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided.
17. Use of Your Geolocation. When you are submitting an image for processing through the Mobile Deposit Service, we reserve the right to, at our discretion, use your Mobil Device’s capabilities to obtain your geolocation for fraud prevention services. We may choose to capture either your current location or the last location stored on your Mobile Device.
18. Fees and Charges. Currently, First Federal Bank does not charge a monthly service fee for the use of Mobile Deposit services. However, we reserve the right to charge a monthly service fee in the future. If we decide to do so, we will provide you with a notice of change in terms as set forth in these Mobile Deposit Terms. Standard data and mobile phone rates from your wireless provider may still apply. You may be charged access rates depending on your carrier. Please contact your mobile device carrier for additional information. If an item you transmit for deposit is dishonored, rejected or otherwise returned unpaid, you agree that we may charge back the amount of the return to the account the check was originally deposited to and you will be assessed a fee in the amount shown in First Federal Bank’s current Truth In Savings Act Disclosure for a returned check. If there are not sufficient funds in your account to cover the amount of the returned check, the account will be overdrawn and you will be responsible for payment. You agree that First Federal Bank may debit any account maintained by you in order to obtain payment of your obligations under these Mobile Deposit Terms.
19. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE MOBILE DEPOSIT SERVICE 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 DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE MOBILE DEPOSIT SERVICE: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE MOBILE DEPOSIT SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
Mobile Banking Card Controls Additional Terms and Conditions
The following additional Terms and Conditions (the “Mobile Bank Card Controls Terms”) applies to the card controls feature (“Card Controls”) within the First Federal Bank Mobile Banking mobile application (“Mobile Banking App”). The Mobile Banking Card Controls Terms only apply to Card Controls. If Card Controls are not available or applicable to you, then these Mobile Bank Card Controls Terms do not apply. To the extent there is any conflict between the terms of the Agreement and these Mobile Bank Card Controls Terms with respect to Card Controls, then the terms in these Mobile Bank Card Controls Terms shall apply.
1. The Card Controls feature is only available for debit cards issued by First Federal Bank that you register within the Mobile Banking App.
2. The Card Controls card management feature is intended to allow you to initiate certain payment card related activities. Those activities may include the ability to do the following:
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Register the card;
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Activate and deactivate the card;
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Set control preferences for card usage including location, transaction, and merchant types, spend limits, and card on/off (“Controls”);
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Set preferences to receive electronic transaction notifications for card usage including location, transaction, and merchant types, spend limits, and declined purchases (“Alerts”);
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View transaction history including cleansed and enriched merchant information (e.g., merchant name, address, and contact information);
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Report your card as lost or stolen;
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Review your spending by merchant type and/or by month; and
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View a list of merchants storing Your card information for recurring or card-on-file payments.
3. The Card Controls alerts and controls you set through use of the Mobile Banking App may continue to apply, even if you delete the Mobile Banking App or remove it from your mobile device. Please contact First Federal Bank to discontinue the alerts and controls.
4. Certain Card Control functionality within the Mobile Banking App may not be available for all transactions. Controls and alerts based on the location of the mobile device where the Mobile Banking App is installed or the location of the merchant where the card is being attempted for use may not apply appropriately to card-not-present transactions or transactions where the actual location of the merchant differs from the merchant’s registered address.
5. Card Controls may enable access to First Federal Bank and third parties’ services and web sites, including GPS locator websites, such as Google. Use of such services may require Internet access and that you accept additional terms and conditions applicable thereto. You accept additional terms and conditions applicable thereto, including, with respect to Google maps, those terms and conditions of use found at http://maps.google.com/help/terms_maps. Html and the Google Legal Notices found at https://www.google.com/help/legalnotices_maps/, or such other URLs as may be updated by Google.
6. You agree to allow us to communicate with you via push notification, SMS and/or email, with respect to the activities performed via the Card Controls card management features. Data fees may be imposed by your mobile provider for the transmission and receipt of messages and Alerts (as defined further below). First Federal Bank of Florida reserves the right to send administrative and service notifications via emails and/or SMS messages to the email address and/or phone number provided upon enrollment in the Service.
7. Availability and Interruption. You acknowledge that the actual time between occurrence of an event (“Event”) triggering a selected Control or Alert and the time the notification of such event is sent to your mobile device (“Notification”) is dependent on a number of factors including, without limitation, your wireless service and coverage within the area in which you are located at that time. You acknowledge that Notifications of Events may be delayed, experience delivery failures, or face other transmission problems. Similarly, selection of Controls and Alerts (collectively, “Commands”) are likewise affected by the same or similar factors and problems could arise with use of Commands. Notifications of Events may not be available to be sent to your mobile device in all areas. If you registered to receive Notifications to your mobile device, the card management features are available when you have your mobile device within the operating range of a wireless carrier with an appropriate signal for data services. The card management features are subject to transmission limitations and service interruptions. First Federal Bank does not guarantee that the card management features (or any portion thereof) will be available at all times or in all areas. You acknowledge and agree that certain functionality with the card management features may not be available for all transactions. Commands based upon the location of the mobile device where the card management feature is installed or the location of the merchant where the card is being attempted for use may not apply appropriately to card-not-present transactions or transactions where the location of the actual location of the merchant differs from the merchant’s registered address. You acknowledge and agree that neither First Federal Bank nor its third-party services providers (including the developer of the technology enabling the Notifications) are responsible for performance degradation, interruption or delays due to conditions outside of its control. You acknowledge that neither First Federal Bank nor its third-party service providers shall be liable to you if you are unable to receive Notifications on your mobile device in your intended area. First Federal Bank, for itself and its third-party service providers, disclaims all liability for: any delays, mis-delivery, loss, or failure in the delivery of any Notification; any form of active or passive filtering.
8. Alerts. Alerts are provided within the following categories:
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Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.
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Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts.
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Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the “More” menu within Mobile Banking. Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts through your mobile device. We may add new Alerts from time to time, or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to do so. First Federal Bank reserves the right to terminate its Alerts service at any time without prior notice to you.
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Methods of Delivery. We may provide Alerts through one or more channels (“EndPoints”): (i) a mobile device, by text message; (ii) a mobile device, by push notification; (iii) an email account, by an e-mail message; or (iv) your First Federal Bank Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these End Points, and it is your responsibility to determine that each of the service providers for the EndPoints described in (i) through (iii) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device's number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.
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Alerts via Text Message. To stop Alerts via text message, text "STOP" to 96924 at any time. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in First Federal Bank Online Banking and click the box next to your mobile number for the Alerts you'd like to receive again. For help with SMS text alerts, text “HELP” to 96924. In case of questions please contact customer service at 877-499-0572. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.
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Limitations. First Federal Bank provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factors affecting your mobile phone service provider, internet service providers and other factors outside First Federal Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold First Federal Bank, its directors, officers, employees, agents and service providers liable for losses or damages, including attorneys' fees, that may arise, directly or indirectly, in whole or in part, from (i) anon-delivery, delayed delivery, or the misdirected delivery of an Alert; (ii) inaccurate or incomplete content in an Alert; or (iii) your reliance on or use of the information provided in an Alert for any purpose. Alert Information.
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As Alerts delivered via SMS, email, and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.
9. Third-Party Services. To the extent the Mobile Banking App allows you to access third-party services, First Federal Bank and those third-parties, as applicable, reserve the right to change, suspend, remove, or disable access to any of those services at any time without notice. In no event will we be liable for the removal of or disabling of access to any such services. We may also impose limits on the use of or access to certain services, in any case and without notice or liability.
10. LIMITATION OF LIABILITY.
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THE MOBILE BANKING APP, THE MOBILE BANKING SERVICES, INCLUDING MOBILE DEPOSIT AND CARD CONTROLS, AND ALL RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF THE MOBILE BANKING APP OR THE MOBILE BANKING SERVICES, AND OPERATION OF THE MOBILE BANKING APP OR THE MOBILE BANKING SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE PROHIBITED BY STATE LAW.
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YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE MOBILE BANKING APP AND THE MOBILE BANKING SERVICES MAY BE DELAYED, INTERRUPTED OR DISRUPTED FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE MOBILE BANKING APP AND THE MOBILE BANKING SERVICES, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE MOBILE BANKING APP AND THE MOBILE BANKING SERVICES THAT IS CAUSED BY OR ARISES OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE MOBILE BANKING APP, OR THE MOBILE BANKING SERVICES, OR THE WEBSITES THROUGH WHICH THE MOBILE BANKING APP OR THE MOBILE BANKING SERVICES ARE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM, ARISING FROM OR RELATED TO THE MOBILE BANKING APP, THE MOBILE BANKING SERVICES OR THE WEBSITE THROUGH WHICH THE MOBILE BANKING APP OR THE MOBILE BANKING SERVICES ARE OFFERED, THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND LICENSORS AND CONTRACTORS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THESE MOBILE DEPOSIT TERMS SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF FIVE HUNDRED DOLLARS ($500). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. Jurisdiction. Unless our account agreement with you states otherwise, these Mobile Deposit Terms shall be governed by and construed in accordance with the laws of the State of Florida. To the extent that the terms of these Mobile Deposit Terms conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of these Mobile Deposit Terms shall remain in full force and effect.
12. Privacy and User Information. You acknowledge that in connection with your use of Mobile Banking, First Federal Bank and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive data about your usage of the service (such as session length, number of transactions and geolocation), and other data and information provided by you or from other sources in connection with the Mobile Banking App and/or the Mobile Banking Services. First Federal Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking, perform analytics to improve the Mobile Banking App and/or the Mobile Banking Services, and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. For more information, please see the First Federal Bank Privacy Policy at https://www.ffbf.com/security-privacy.
All Data Additional Terms and Conditions
The following additional All Data Additional Terms and Conditions (the “All Data Terms”) apply to the use of the All Data tools and services for account aggregation and digital money management, and that further involve accessing third-party account information (collectively “All Data” and/or the “All Data Services”). By using the All Data Services you acknowledge and agree to the following All Data Terms. Fiserv, Digital Insight Corporation, NCR Corporation (parent of Digital Insight), and MX Technologies, Inc. (collectively, the “Providers”) are intended third-party beneficiaries of the Agreement and the All Data Terms and are entitled to enforce those terms and conditions.
1. General.
a. You will follow the standard operating procedures, including without limitation, security procedures, with respect to use of the All Data Services.
b. You agree to allow Fiserv, its successors and assigns, and its and their third-party services providers access and use of your data, including Aggregated Data and Nonpublic Personal Information, as necessary for the provision of the All Data Services. As used herein, “Aggregated Data” means User Data and information that has been stripped of all personally identifiable information. “User Data” for purposes of this definition, means your account information, account access information and registration information as provided by you. “Nonpublic Personal Information” means information concerning you and your past or present accounts; information falling within the definition of “nonpublic personal information” or “personally identifiable financial information” under Regulation P, 12 C.F.R. 216, or under the GrammLeach-Bliley Act, 15 U.S.C. 6801 et seq.; or information otherwise considered privileged, confidential, private, nonpublic, or personal and/or given protected status under any federal or state law.
c. First Federal Bank has no liability to you or other third parties relating to any delays, inaccuracies, or incomplete All Data Services caused by the failure of First Federal Bank to properly or timely meet its obligations or requirements in connection with the All Data Services.
d. You shall be responsible for the completeness, authenticity, and accuracy of all information submitted to First Federal Bank or any third party in conjunction with your use of the All Data Services.
2. Provide Accurate Information. You represent and agree that all information you provide to us in connection with the All Data Services is accurate, current, and complete. You agree not to misrepresent your identity or account information. You agree to keep any and all account information secure, up to date and accurate. You represent that you are a legal owner, or an authorized user, of the accounts at third-party sites which you include or access through the All Data Services, and that you have the authority to (a) designate us and our service providers as your agent, (b) use the All Data Services, and (c) give us and our service providers the passwords, usernames, and all other information you provide in conjunction with the All Data Services.
3. Content You Provide. Your use of the All Data Services is your authorization for First Federal Bank or its service providers, as your agent, to access third-party sites which you designate in order to retrieve information. You are licensing to First Federal Bank and its service providers any information, data, passwords, usernames, PINS, personally identifiable information, or other content you provide through the All Data Services. You authorize us or our service providers to use any information, data, passwords, usernames, PINS, personally identifiable information, or other content you provide through the All Data Services, or that we or our service providers retrieve on your behalf for purposes of providing the All Data Services, to offer products and services, and for other permissible business purposes. Except as otherwise provided herein, we or our service provider may store, use, change, or display such information or create new content using such information.
4. Power of Attorney.
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You grant First Federal Bank and its service providers a limited power of attorney as provided below to access information at third-party sites on your behalf. Third-party sites shall be entitled to rely on the authorizations, agency, and the power of attorney granted by you or through your account. For all purposes hereof, you hereby grant First Federal Bank and its service providers a limited power of attorney, and you hereby appoint them as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, in any and all capacities, to access third-party sites to retrieve information, use such information, as described herein, with the full power and authority to do and perform each and every act and thing required and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person.
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YOU ACKNOWLEDGE AND AGREE THAT WHEN FIRST FEDERAL BANK OR ITS SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD-PARTY SITES, THEY ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF THE THIRD-PARTY SITES.
5. Third Party Accounts. With respect to any third-party sites we may enable you to access through the All Data Services or with respect to any non-First Federal Bank accounts you include in the All Data Services, you agree to the following:
a. You are responsible for all fees charged by the third party in connection with any non- First Federal Bank accounts and transactions. You agree to comply with the terms and conditions of those accounts and agree that this Agreement does not amend any of those terms and conditions. If you have a dispute or question about any transaction on a non-First Federal Bank account, you agree to direct these to the account provider.
b. Any links to third-party sites that we may provide are for your convenience only, and First Federal Bank and its service providers do not sponsor or endorse those sites. Any third-party services, which you may be able to access through the All Data Services, are services of the listed institutions. We nor our service providers have responsibility for any transactions and inquiries you initiate at third-party sites. The third-party sites you select are solely responsible for their services to you. We nor our service providers are liable for any damages or costs of any type arising out of or in any way connected with your use of the services of those third parties.
6. Limitations of All Data Services. When using the All Data Services, you may incur technical or other difficulties. We, or our service providers, are not responsible for any technical or other difficulties or any resulting damages that you may incur. Any information displayed or provided as part of the All Data Services is for informational purposes only, may not reflect your most recent transactions, and should not be relied on for transactional purposes. We and our service providers reserve the right to change, suspend, or discontinue any or all of the All Data Services at any time without prior notice.
7. Acceptance of the Agreement and Changes. Your use of the All Data Services constitutes your acceptance of the Agreement which includes these All Data Terms. This Agreement and these All Data Terms are subject to change from time to time. We will notify you of any material change via email or on our website. Your continued use will indicate your acceptance of the revised Agreement. The licenses, user obligations, and authorizations described herein are ongoing.
8. Aggregated Data. Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected through your use of the All Data Services may be used by us and our service providers, including their affiliates, to conduct certain analytical research, performance tracking, marketing and marketing program activities, and benchmarking. Our service providers may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services, and assisting in troubleshooting and technical support. Your personally identifiable information will not be shared with or sold to third parties. Notwithstanding any other provision of this Agreement or these All Data Additional Terms and Conditions, use of data collected through your use of the All Data Services for marketing and marketing program activities may include targeted marketing, meaning that specific marketing activities may be directed to a group of users, where each user meets certain pre-defined categories or characteristics. For example, a targeting marketing activity may issue a display ad for a group of users, where each user is identified as having an open credit card account through a financial institution.
9. Ownership. You agree that First Federal Bank and its service providers, as applicable, retain all ownership and proprietary rights in the All Data Services, associated content, technology, mobile applications, and websites.
10. User Conduct. You agree not to use the All Data Services or the content or information delivered through the All Data Services in any way that would: (a) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of the All Data Services to impersonate another person or entity; (b) violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) create liability for First Federal Bank or its service providers, or cause First Federal Bank to lose the services of our service providers; (d) access the information and content programmatically by macro or other automated means; and/or (e) use the All Data Services in such a manner as to gain unauthorized entry or access to any computer systems.
11. Indemnification. You agree to defend, indemnify and hold harmless First Federal Bank, its third party services providers and their officers, directors, employees and agents from and against any and all third party claims, liabilities, damages, losses or expenses, including settlement amounts and reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the All Data Services, your violation of the Agreement or these All Data Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
12. Disclaimer. The All Data Services are not intended to provide legal, tax, or financial advice. The All Data Services, or certain portions and/or functionalities thereof, are provided as strictly educational in nature and are provided with the understanding that neither First Federal Bank nor its third-party providers are engaged in rendering accounting, investment, tax, legal, or other professional services. If legal or other professional advice including financial, is required, the services of a competent professional person should be sought. First Federal Bank and its third-party providers specifically disclaim any liability, loss, or risk which is incurred as consequence, directly or indirectly, of the use and application of any of the content on this site. Further, First Federal Bank and its third-party providers are not responsible for any investment decisions or any damages or other losses resulting from decisions that arise in any way from the use of All Data Services or any materials or information accessible through it. Past performance does not guarantee future results. First Federal Bank and its third-party providers do not warrant that the All Data Services comply with the requirements of the FINRA or those of any other organization anywhere in the world.
13. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE ALL DATA SERVICES 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, AND OUR SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE ALL DATA SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGMENT. WE, AND OUR SERVICE PROVIDERS, MAKE NO WARRANTY THAT THE ALL DATA SERVICES (a) WILL MEET YOUR REQUIREMENTS, (b) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE ALL DATA SERVICES WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE ALL DATA SERVICES WILL MEET YOUR EXPECTATIONS, OR (e) ANY ERRORS IN THE ALL DATA SERVICES OR TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ALL DATA SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESOPNSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIRST FEDERAL BANK OR ITS SERVICE PROVIDERS THROUGH OR FROM THE ALL DATA SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.