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Online Banking and Bill Pay Agreement
and Disclosure |
This Online Banking Agreement and
Disclosure ("Agreement") describes your rights and
obligations as a user of the Online Banking service or
the Bill Payment service ("Services"). It also describes
the rights and obligations of First Federal ("Bank").
Please read this Agreement carefully. By requesting and
using one of these Services, you agree to comply with
the terms and conditions of this Agreement.
- Definitions
The following definitions apply in this Agreement:
- "ISP" refers to your Internet Service Provider;
- "Online Banking" is the internet-based service
providing access to your Bank account(s);
- "Online Account" means the Bank account from which you
will be conducting transactions using a Service;
- "Password" is the customer-generated code selected by
you for use during the initial sign-on, or the codes you select after
the initial sign-on, that establishes your connection to the Service;
- "PC" means your personal computer which enables you,
with the Internet browser and ISP, to access your Online Account;
- "Bill Payment" is the online service that enables the
scheduling of bill payments using a personal
- "Time of day" references are to Eastern Standard Time;
- "User ID" is the identification code for your
connection to the Service;
- "We", "us", or "Bank" refer to First Federal which
offers the Services and which holds the accounts accessed by the
Services; and
- "You" or "your" refers to the owner of the account.
- Access to Services
The Bank will provide instructions on how to use the
Online Banking and Bill payment Services. You will gain access to your
Online Accounts through the use of your Internet-enabled device, your ISP,
your Password and your User ID. You may access your Online Accounts 24 hours
a day, seven (7) days a week. However, availability of the Services
may be suspended for brief periods of time for purposes of maintenance,
updating and revising the software.
For purposes of transactions, the Bank's business days are
Monday through Friday, excluding holidays and weekends. All Online Banking
transaction requests received after 7:00 p.m. on business days and all
transactions which are requested on Saturdays, Sundays, or holidays on which
the Bank chooses to remain closed, will be processed on the Bank's next
business day. The Bank's business day begins at 8:30 a.m.
- Banking Transactions with Online Banking
- Account Access. There is no
limit to the number of personal accounts that you can access online, but one
of these accounts must be a checking account.
- Transfer of Funds. In
addition to viewing account information, you may use Online Banking to
conduct the transfer of funds. You may make one-time transfers or schedule
future or recurring transfers. You may transfer funds from any deposit
account to any deposit account or loan.
NOTE: Because regulations require the Bank to limit preauthorized
transfers (including Online Banking transfers), the following limitations
apply:
- From Savings accounts -
You can make no more than six (6) transfer withdrawals per statement
period by preauthorized or automatic transfer or by telephone or Online
Banking.
- Additional Services.
New services may be introduced for Online Banking from time to time. The
Bank will notify you of the existence of these new services. By using these
services when they become available, you agree to be bound by the rules that
will be made available to you concerning these services.
- Schedule of Fees
The Bank offers the benefits and convenience of the Online
Banking Service to you free. The Bill Payment Service is also free when you
use it to pay at least two (2) bills per calendar month. A $5.95
insufficient usage fee will be debited at the beginning of the month from
your Primary Funding Account if you made less than two online bill payments
from any of your checking accounts during the prior month.
- Statements
You will receive your account statements either monthly
or quarterly, depending on the type of account. Even though
deposit account statements are available online, you will continue to
receive these paper statements.
- Use of Your Security Password
You are responsible for keeping your password and Online
Account information confidential. In order to protect yourself against
fraud, you should adhere to the following guidelines:
- Do not give out your account information, Password, or
User ID;
- Do not leave your PC unattended while you are in the
Bank's Online Banking Site;
- Never leave your account information within range of
others; and
- Do not send privileged account information (account
number, Password, etc.) in any public or general e-mail system.
If you believe your password has been lost or stolen, or
if you suspect any fraudulent activity on your account, call the Bank
immediately at (888) 529-2220 or (843) 529-5555 between the hours of 8:30
a.m. to 5:00 p.m., Monday through Friday. Telephoning the Bank is the best
way of minimizing your losses and liability. (See; Section XI)
If you believe your Password has been lost or stolen,
please use the Change Password feature within the Online Banking section of
the Web site to change your Password.
- Electronic Mail (E-mail)
If you send the Bank an e-mail message, the Bank will be
deemed to have received it on the following business day. You should
not rely on e-mail if you need to report an unauthorized transaction from
one of your accounts or if you need to stop a payment that is scheduled to
occur.
- NOTE: E-mail transmissions
outside of the Online Banking site are not secure. We advise you not to
send us or ask for sensitive information such as account numbers,
Password, account information, etc. via any general or public e-mail
system. If you wish to contact us electronically, please use the secure
email link within our Online Banking site.
- Linked Accounts
The only accounts viewable online are accounts for which
the person is a primary or secondary owner and are linked by tax
identification numbers.
- Term and Termination
- Term. This Agreement will
become effective upon enrollment and shall remain in full force and
effect until termination in accordance with the following provisions.
- Termination for Cause. We
may immediately terminate your electronic banking privileges (including
the Bill Payment Service) without notice to you under the following
circumstances:
- you do not pay any fee required by this Agreement
when due or
- you do not comply with the agreement governing your
deposit or loan accounts or your accounts are not maintained in good
standing.
We will promptly notify you if we terminate this Agreement
or your use of the Services for any other reason.
- Termination for Convenience.
To terminate this Agreement, you must notify the Bank and provide your
name, address, the Service(s) you are discontinuing, and the termination
date of the Service(s). You may notify the Bank by one of the following
methods:
- By sending an e-mail to Customer Service using the
secure email link within Online Banking.
- By calling (888) 529-2220 or (843) 529-5555
- By writing a letter and either giving it to a Financial
Service Representative at any of the Bank's locations or by sending it
to the address:
First Federal
Attention: Internet Banking
P.O. Box 118068
Charleston, SC 29423-8068
If you are not paying a monthly service charge for the
Service, we may terminate your access if you do not sign on to the Service
or have any transaction scheduled through the Service during any consecutive
180-day period. If your account is terminated, you will have to re-enroll in
our Online Banking service.
- Electronic Fund Transfer Provisions For Consumers
- Applicability. These
provisions are only applicable to online electronic fund transfers that
credit or debit a consumer's checking, savings or other asset account
and are subject to the Federal Reserve Board's Regulation E (an "EFT").
When applicable, the Bank may rely on any exceptions to these provisions
that are contained in Regulation E. All terms that are not defined in
this Agreement but which are defined in Regulation E shall have the same
meaning when used in this section.
- Your Liability. The
following determines your liability for any unauthorized EFT or any series
of related unauthorized EFTs:
- If you notify the Bank within two (2) business days
after your password was lost or stolen, your liability will not exceed
$50.00 or the amount of the unauthorized EFTs that occur before
notification, whichever is less
- If you fail to notify the Bank within two (2) business
days after your password was lost or stolen, your liability will not exceed
the lesser of $500.00 or the total of:
- $50.00 or the amount of unauthorized EFTs that occur
within the two (2) business days; and
- the total of authorized EFTs which occur during the two
(2) days before notification to the Bank, provided the Bank establishes
that these EFTs would not have occurred had the Bank been notified
within that two-day period.
- You must report an unauthorized EFT that appears on your
periodic statement, no later than 60 days of transmittal of the statement to
avoid liability for subsequent transfers. Your liability will not
exceed the amount of the unauthorized EFTs that occurred with the 60-day
period. You may also be liable for the amounts as described in sections 1
and 2 above.
- If the report is made orally, we will require that you
send the complaint or question in writing within 20 business days. We will
notify you with the results of the investigation within 10 business days and
will correct any error promptly. If more time is needed, however, we may
take up to 45 days to investigate a complaint or question. If this occurs,
we will credit your account within 10 business days for the amount you think
is in error. This will allow you to use the money during the time it takes
us to complete our investigation. If your complaint or question is not
received in writing within 10 business days, we may not credit your account
until the investigation is completed. If an alleged error involves an
electronic fund transfer outside a state or territory or possession of the
United States, the applicable time periods for action by us are 20 business
days (instead of 10) and 90 calendar days (instead of 45). If we determine
that no error occurred, we will send you a written explanation within three
business days after the investigation is complete. You may request copies of
the documents that were used in the investigation.
- You may notify the Bank by telephone, writing, or by
email using the secure email link provided in our Online Banking site.
Notification by general e-mail to report an unauthorized transaction is not
secure and therefore not advised.
- Telephone Numbers and Addresses.
In case of errors or questions regarding an Online Banking or Bill Payment
transaction, call (888) 529-2220 or (843) 529-5555, or write us at
First Federal
Attn: Internet Banking
P.O. Box 118068
Charleston, SC 29423-8068
We must hear from you at the telephone number or address
listed above, no later than 60 days after we sent you the FIRST statement on
which the problem or error appeared. We will need:
- Your name and account number
- A description of the error or the transfer in question
and an explanation concerning why you believe it is an error or need
more information
- The dollar amount of the suspected error and date on
which it occurred.
- Liability
- Our Liability. This
section explains our liability to you only to the extent that any other
agreements, notices or disclosures have not separately disclosed our
liability. In no event shall we be liable to you for failure to provide
access to your Online Banking or Bill Payment services accounts. Unless
otherwise required by applicable law, we are only responsible for
performing the Online Banking and Bill Payment services as delineated in
this Agreement.
We will not be liable to you in the following instances:
- If through no fault of the Bank, you do not have enough
money in your account to make the transfer.
- If circumstances beyond our control (such as fire,
flood, power outage, equipment or technical failure or breakdown)
prevents the transfer despite reasonable precautions that we have taken.
- If there is a hold on your account, or if access to
your account is blocked, in accordance with banking policy.
- If your funds are subject to a legal proceeding or
other encumbrance restricting the transfer.
- If your transfer authorization terminates by operation
of law.
- If you believe someone has accessed your accounts
without your permission and you fail to notify the Bank immediately.
- If you have not properly followed the instructions on
how to make a transfer included in this Agreement.
- If we have received incomplete or inaccurate
information from you or a third party involving the account or transfer.
- If we have a reasonable basis for believing that
unauthorized use of your Password or account has occurred or may be
occurring or if you default under this Agreement, the deposit account
agreement, a credit agreement or any other agreement with us, or if we
or you terminate this Agreement.
- If your bill payment account is frozen due to multiple
Non Sufficient Fund (“NSF”) fees. The NSF fee is $32.00 per item
which includes Checks, ATM withdrawals, Check Card Transactions, and ACH
debits.
IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY
THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING
FROM OR ARISING OUT OF THIS AGREEMENT.
- Indemnification. You agree
to indemnify, defend and hold us, our affiliate companies, directors,
officers, employees and agents harmless against any third party claim,
demand, suit, action or other proceeding and any expenses related to an
Online Banking or Bill Payment account.
- Third Parties. We are
not liable for any loss or liability resulting from any failure of your
equipment or software, or that of an internet browser provider such as
Netscape (Netscape Navigator browser) or Microsoft (Microsoft Explorer
browser), by an internet access provider, or by an online service provider,
nor will we be liable for any direct, indirect, special or consequential
damages resulting from your access to or failure to access an Online Banking
or Bill Payment account.
- Virus Protection. The Bank
is not responsible for any electronic virus or viruses that you may
encounter. We suggest that you routinely scan your PC using a virus
protection product. An undetected virus may corrupt and destroy your
programs, files, and your hardware.
- General Terms and Conditions
- Bank Agreements. In
addition to this Agreement, you and the Bank agree to be bound by and
comply with the requirements of the agreements applicable to each of
your Online Accounts. Your use of the Online Banking Service or the Bill
Payment Service is your acknowledgment that you have received these
agreements and intend to be bound by them. You should review other
disclosures including the charges that may be imposed for electronic
funds transfers or the right to make transfers listed in the fee
schedules accompanying those disclosures and the fee schedule contained
in this Agreement. We will automatically deduct the fees related to this
Service from your Bill Payment Funding Account each month.
- Changes and Modifications.
The Bank may modify the terms and conditions applicable to the Services
from time to time. We may send any notice to you via e-mail and you will
have to be deemed to have received it three days after it is sent. The
revised terms and conditions shall be effective at the earliest date
allowed by applicable law. We reserve the right to terminate this
Agreement and your use of the Services in whole or in part at any time
without prior notice.
- Assignment. We may assign
this Agreement to an affiliate of the Bank or any successor in interest
in the event of a merger, reorganization, change of control, acquisition
or sale of all or substantially all assets of the business to which this
Agreement is related without the other party's prior written consent.
- Notices. Unless otherwise
required by applicable law, any notice or written communication given
pursuant to this Agreement may be sent to you electronically.
- Disclosure of Information.
We will only disclose information to third parties about your account or
transfers you make under the following circumstances:
- where it is necessary for the provision of Online
Banking and for completing transfers;
- in order to verify the existence and condition of your
account for a third party, such as a credit bureau or merchant;
- in order to comply with government or court orders, or
other reporting requirements;
- if you give us your permission;
- to the Bank affiliated companies.
- Governing Law. This
Agreement is governed by the laws of the State of South Carolina and
applicable federal law.
All of us within
the
First Financial Holdings family of companies respect your privacy
and the personal information you share with us. Regardless of
which of our companies you patronize, your information is shared only
with those firms which assist us in our day-to-day operations.
Information on current and former customers is never sold to marketers
or any other third party. In addition, we are committed to
maintaining high levels of security to ensure that your information is
accessible only by authorized personnel.
We encourage you to review our policies for
Privacy,
Internet Privacy and
Security as well as our
Copyright Notice and Disclosures. If you have questions,
please call our Customer Service Department at (843) 529-5555 or, if
dialing long distance, (888) 529-2220.
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