First Federal Bank

Digital Banking Terms and Conditions Agreement
Online Banking Service
Business Online Banking Service
Bill Payment
Account to Account Transfer
Mobile Banking

 

First Federal Bank’s Online Banking is available to all of our personal customers at no monthly charge. The online banking service allows customers to view account information and make internal transfers.   Bill Payment and Mobile Banking, which includes Mobile Deposit, are optional services for personal checking accounts available at no monthly charge.  You may add the Bill Payment feature and Mobile Banking, which includes Mobile Deposit, if approved, at any time.

First Federal Bank’s Business Online Banking is available to business customers. The business online banking service allows business customers to view account information and make internal and external transfers.   Bill Payment and Mobile Banking, which includes Mobile Deposit, are optional services for business checking accounts.  You may add the Bill Payment feature and Mobile Banking, which includes Mobile Deposit, if approved by the bank, at any time by completing an enrollment form.

 

I. Introduction

This Agreement is a contract between you and First Federal Bank that outlines and governs the Terms and Conditions for accessing your personal and commercial accounts via First Federal Bank’s Online Banking or First Federal Bank’s Business Online Banking service. This agreement explains the terms and conditions which govern all online and/or mobile banking services offered by First Federal Bank.

By using the online and/or mobile banking service provided by First Federal Bank, you agree to abide by the terms and conditions of this agreement. All applicable federal laws and regulations will govern this agreement. In the event that no federal law applies, laws and regulations effective in the State of North Carolina will govern the agreement.

Some of the terms set forth in this agreement are governed by the Electronic Funds Transfer Act (“EFT Act”) which is only applicable to consumers. Commercial Account holders are not entitled to the rights provided under the EFT Act.

By using First Federal Bank’s Online Banking, you accept the Terms and Conditions of this Agreement and agree to abide by all of the Terms and Conditions of this Agreement and acknowledge your receipt and understanding of this Agreement. Please read this Agreement carefully and print a copy for your records.

To access First Federal Bank’s Business Online Banking you must complete an enrollment form.  By using First Federal Bank’s Business Online Banking, you accept the Terms and Conditions Agreement and agree to abide by all of the Terms and Conditions of this Agreement and acknowledge your receipt and understanding of this Agreement. Please read this Agreement carefully and maintain a copy for your records.

The term “business day” refers to Monday through Friday, excluding Saturday, Sunday and federal banking holidays.

II.  Accessing Your Accounts

In order to activate your online banking or business online banking service, you must have at least one checking, savings, certificate of deposit, or loan with First Federal Bank.

First Federal Bank is entitled to act on instructions received through online and/or mobile banking under your password and without inquiring into the identity of the person using that password. You should not, under any circumstances disclose your password by telephone or to anyone claiming to represent First Federal Bank. Bank employees do not need and should not ask for your password.

As a customer of First Federal Bank, you may access your accounts by selecting and using an online password and by paying any required fees as described in this Agreement. You should memorize your password and never share it with anyone. Any person having access to your First Federal Bank Online Banking or First Federal Bank Business Online Banking password will be able to access the service and perform all transactions, including reviewing account information and making transfers to other accounts which have mutual ownership. You are liable for all transactions made or authorized using your password.

If, despite the Bank’s advice, you give your password to anyone, you do so at your own risk since anyone to whom you give your password or other means of access will have full access to your account(s) even if you attempt to limit that person’s authority.

 

Online Banking

To begin enrollment in First Federal Bank’s Online Banking service, you will need your account number, along with the last 4 digits of your social security number, which is the initial password/PIN.  (NOTE:  Current Smartline (telephone banking) customers, will NOT use the last digits of the social security number, they will use their 4-digit telephone banking PIN.)   Upon completing the required fields on the online enrollment form, you will be prompted to answer additional verification questions to confirm your identity.  These questions are related to your private data which is not easily accessible to criminals who may be attempting identity theft.  After successfully answering the additional verification questions you will be required to change the initial Username and password (last 4 of SSN or telephone banking PIN) and select a Username and password known only to you.   The password must meet the following requirements:

• The Username you select may be any combination of six (6) alpha/numeric characters, with the following Password criteria:
• Minimum Password Length 10
• Maximum Password Length 17
• Number of Numeric Characters Required 1
• Number of Alpha Characters Required 1
• Number of Special Characters Required 1
• Uppercase Characters Required 1
• Lowercase Characters Required 1
• Usernames & Passwords are case sensitive (must be entered exactly as input with upper and/or lower case characters).
• Passwords can be changed at any time by the account holders through First Federal Bank’s Online Banking service. We suggest you periodically change your password (i.e., monthly or quarterly) as an additional means to protect your account.

First Federal Bank’s Online Banking service uses enhanced security measures to provide a level of assurance for you to confirm that you are accessing our valid internet banking website.  During the login process, our powerful security measures use your log in credentials, device identification, and geographic location to quickly and easily authenticate you to the online banking system. If we do not recognize the device or area your log in originates from we may ask additional security questions to you at log in.

Once you log-in with your Username and Password, you will be prompted to enroll in these security measures.   To enroll you will need to do the following:

1. Validate your current email address on file
2. Provide answers to a series of challenge questions
3. Decide whether or not to register your computer

If you are using a public computer at this time, such as in an Internet café or library, you may still complete the process.  Later, you may register a non-public computer you usually use to access online Internet banking, such as your home or office computer.  There is no limitation on the number of computers you may register, however you should only register computers you trust.

Online banking customers with compatible mobile devices may choose to use the Mobile Banking feature, which includes Mobile Deposit, to access account information.  Mobile Banking access is available using any of the three following channels: SMS (Short Message Service) Text Messaging, Web Enabled Mobile Browser, or Mobile Banking Application.  See the First Federal Bank Mobile Banking and Mobile Deposit Terms and Conditions for detailed information regarding these features.

 

Business Online Banking

You will be issued a Username and password that will allow you to log on to or First Federal Bank’s Business Online Banking service.  The first time you log on to the online banking system, you will be required to change the password and select a password known only to you.   The password must meet the following requirements:

• Minimum Password Length 10
• Maximum Password Length 17
• Number of Numeric Characters Required 1
• Number of Alpha Characters Required 1
• Number of Special Characters Required 1
• Uppercase Characters Required 1
• Lowercase Characters Required 1
• Passwords are case sensitive (must be entered exactly as input with upper and/or lower case characters).
• Passwords will expire every 90 days and must be changed through First Federal Bank’s Business online banking service.

First Federal Bank’s Business Online Banking service uses enhanced security measures to provide a level of assurance for you to confirm that you are accessing our valid internet banking website.  During the login process, our powerful security measures use your log in credentials, device identification, and geographic location to quickly and easily authenticate you to the online banking system. If we do not recognize the device or area your log in originates from we may ask additional security questions to you at log in.

Once you log-in with your Username and Password, you will be prompted to enroll in these security measures.   To enroll you will need to do the following:

1. Validate your current email address on file
2. Provide answers to a series of challenge questions
3. Decide whether or not to register your computer

If you are using a public computer at that time, such as in an Internet café or library, you may still complete the process.  Later, you may register a non-public computer you usually use to access business online banking, such as your home or office computer.  There is no limitation on the number of computers you may register, however you should only register computers you trust.

A security token is used by the business online banking service to provide additional verification to you during high risk transactions.  After successful log on to the business online banking system, you will need to complete the enablement process for your security token.  During the enablement process you will be asked to enter information related to your token along with a security question and answer, also at this time you will also be asked to choose a 4-digit number (PIN).  Once enablement has been completed you will log on to the business online banking system using a combination of an 8-digit password (created by the security token) and the 4-digit PIN (created by you at enablement).

Business online banking customers with compatible mobile devices may choose to use the Mobile Banking feature, which includes Mobile Deposit, to access account information.  Mobile Banking access is available using the Mobile Banking Application.  See the First Federal Bank Business Mobile Banking and Mobile Deposit Terms and Conditions for detailed information regarding these features.

If you suspect that an unauthorized person has access to your password or believe your password has been lost or stolen or that someone may attempt to use the service without your consent or has transferred funds without your permission, you must notify First Federal Bank immediately.  Call your local branch office of First Federal Bank and tell a representative about your security concern.   First Federal Bank’s Representatives are available Monday through Thursday, 9:00 a.m. until 5:00 p.m. and on Friday from 9:00 a.m. until 5:30 p.m. excluding Federal Bank Holidays.

 

Accounts

Checking, Savings, Money Market, Retirement, and Certificate of Deposit accounts can be viewed using First Federal Bank’s Online Banking or First Federal Bank’s Business online banking.  In addition, account information can be viewed on Consumer, Commercial, and Mortgage loans.

Please refer to Section IX – Fees and Charges for Online Banking or Business Online Banking services.

With First Federal Bank’s Online Banking, you may use your computer and/or mobile device to:

• View account balances and transaction history
• Transfer funds from checking and savings accounts into:
• Other First Federal Bank checking and savings accounts which belong to you
• Loan accounts that belong to you
• Establish automatic transfers from one of your accounts to another (from checking and savings to checking, savings or loans)
• Place stop payments
• View check images
• Enroll and access Electronic Statements (E-statements)
• Create Alerts for specified account activity
• View Messages from First Federal Bank
• Export transaction information to QuickBooks (.QBO) and other transaction formats
• Pay bills to any merchant, institution or individual with a U.S. mailing address
• Send money to individuals using an email address, mobile phone, or direct deposit
• Transfer money to or from a First Federal Bank account to an external account you own
• Communicate directly with First Federal Bank via E-mail at service@firstfederalbanknc.com
• Other services may be added and will be communicated to our customers as the additions are made.

With First Federal Bank’s Business Online Banking, you may use your computer and/or mobile device to:

• View account balances and transaction history
• Transfer funds from checking and savings accounts into:
• Other First Federal Bank checking and savings accounts which belong to you
• Other financial institutions checking and savings accounts which belong to you
• Loan accounts that belong to you
• Establish automatic transfers from one of your accounts to another (from checking and savings to checking, savings or loans)
• Generate ACH file transfers
• Execute domestic wire transfers
• Place stop payments
• View check images
• Access Electronic Statements (E-statements)
• Create Alerts for specified account activity
• View Messages from First Federal Bank
• Export transaction information to QuickBooks (.QBO) and other transaction formats
• Pay bills to any merchant, institution or individual with a U.S. mailing address (upon availability)
• Communicate directly with First Federal Bank via E-mail at service@firstfederalbanknc.com
• Other services may be added and will be communicated to our customers as the additions are made.

III. Terms and Conditions

The first time you access any of your accounts through First Federal Bank’s Online Banking or First Federal Bank’s Business Online Banking service, you confirm your agreement to abide by all the terms and conditions of this online Agreement and acknowledge your receipt and understanding of this disclosure.

First Federal Bank reserves the right to cancel your online service at any time without notice due to insufficient funds in one or more of your accounts. After cancellation, service may be reinstated at the discretion of the bank provided that funds are available to cover the cost of any fees and /or pending transfers. To reinstate your service, contact a First Federal Bank Representative at one of our locations.

If you do not access your accounts via First Federal Bank’s Online Banking or First Federal Bank’s Business Online Banking service for any consecutive six (6) month period, First Federal Bank reserves the right to disconnect your service. (See the paragraph above for reinstatement of service information.) When this occurs customers enrolled in eStatements will no longer have access to those eStatements and your account will be changed to generate paper statements.  In addition, you may incur account service charges for receiving paper statements.

If you do not schedule or process a payment with your First Federal Bank Bill Payment system within a three (3) month period, First Federal Bank reserves the right to discontinue your Bill Payment service.

You agree to be responsible for any local or long distance telephone charges or Internet service Provider (ISP) charges that you incur by accessing your accounts via First Federal Bank’s Online Banking or First Federal Bank’s Business Online Banking service.

If you wish to cancel any of your First Federal Bank Online Banking or First Federal Bank’s Business Online Banking services, please contact a First Federal Bank Representative at one of our locations or send us cancellation instructions in writing to First Federal Bank, P.O. Box 1049, Dunn, N.C. 28335 or e-mail us at customer.service@firstfederalbanknc.com.

 

Hours of Accessibility

You may access First Federal Bank’s Online Banking or First Federal Bank’s Business Online Banking service seven days a week, 24 hours per day.  Necessary system maintenance will be scheduled for hours during which system traffic is normally at a minimum. If the system is unavailable due to an unanticipated problem, you may use the automated voice response system (SmartLine), one of our ATM machines, or a branch office (during regular business hours) to conduct your transactions.

 

Additional Terms

• Balance Information – You may access any eligible First Federal Bank account on which you are an owner and signer to receive transaction history and balance information. The balance and account history will show the current balance of the account, including any transactions conducted prior to the inquiry. In process items such as non-sufficient funds or stop payments may not be reflected in the inquiry.
• Account Information – Account balances and activity is current information. Funds transferred between related accounts using online and/or mobile banking and received by the bank before 5:45 p.m. EST Monday through Friday will be effective on the current business day. Transfers processed using online and/or mobile banking and received after 5:45 p.m. EST Monday through Friday or all day Saturday, Sunday and banking holidays will be effective the following business day.
• Transaction Sessions – Each customer online banking session has an unlimited time limit; however, you will be automatically disconnected from this service after 15 minutes of inactivity.
• Alert & Messaging Services- You may create alert notifications that enable you to have an email sent to you when specific events occur, such as: balance thresholds being met, transactions being posted, or checks being presented for payment.  Alert notifications should not be used as the only means for account balancing as delay in delivery or receipt of notifications could occur.  First Federal Bank is not liable for any errors in the content of information obtained or transmitted through online and/or mobile banking, delay in delivery of information, or for any actions taken in reliance thereon including, but not limited to, the type of alerts and other preferences selected by you. Message and data rates may apply.

 

Alert Terms

Your enrollment in First Federal Bank’s Online Banking, First Federal Bank’s Business Online Banking, and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your First Federal Bank account(s). Alerts are provided within the following categories:

• 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.
• Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts, such as scheduled payments made, scheduled payments cancelled and mobile deposits. 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.
•  Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the Alert menu within First Federal Bank’s Online Banking, First Federal Bank’s Business Online Banking, and Alert menu within First Federal Bank Mobile Banking.

 Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts though 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.

 Methods of Delivery. We may provide Alerts through one or more channels (“EndPoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your First Federal Bank Online Banking or Business Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these EndPoints, and it is your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) 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.

Alerts via Text Message. To stop Alerts via text message, text “STOP” to 99588 at anytime.  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 99588. In case of questions please contact customer service at 910-891-2010. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile^®, U.S. Cellular^®, Verizon Wireless, MetroPCS.

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 factor(s) affecting your mobile phone service provider, internet service provider(s) 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 (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.

Alert Information. 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.

 

IV. Bill Payment

Through First Federal Bank’s Online Banking or First Federal Bank’s Business Online Banking service you may enroll in the online Bill Payment system. The Bill Payment service allows you to schedule payments through your online banking system for current, future and recurring bills from your checking account. You must designate a specific checking account as your bill payment account. Your bill payment transactions will be processed for the Bank by CheckFree Corporation (“CheckFree”), a major provider of electronic banking transaction processing services.

 

Available Payment Services

In addition to standard bill payment services, other payment types are available to assist you with easy access to payments.  Individuals may also use the Person to Person (P2P) Payments Service to pay people securely.  The P2P service, “Zelle^®”, allows you to send or receive money from individuals directly to your checking or savings account.  Additional fees may apply for use of this service.

For detailed information regarding the services offered by CheckFree review the “Terms and Conditions” located within the Bill Payment web site.

 

Restrictions

We will not permit you to use a money market checking or savings account as your Bill Payment Account, because Federal regulations require us to limit either by contract or in practice the number of certain types of transfers from these types of deposit accounts. Under these regulations, you are limited to six preauthorized electronic funds transfers and telephone transfers, including First Federal Bank’s Online Banking or First Federal Bank’s Business Online banking transactions, checks, and point-of-sale transactions per month. Of these six transactions, you are limited to no more than three transactions per month by check or point-of-sale. Each funds transfer or payment through First Federal Bank’s Online Banking service from your savings or money market deposit account is counted as one of the six limited transfers you are permitted each month.

Accountholders that require two (2) signatures for withdrawal purposes will be unable to access the personal online banking Bill Payment service.

 

Eligibility

You may pay any merchant or individual approved for payment by First Federal Bank for payment through the online Bill Payment service. We will be unable to process any payments to federal, state, or local tax agencies online.  Bill Payments are available only to payees with an U.S. mailing address.

 

Bill Pay Procedure

By furnishing us with the names of your payees (merchants and/or individuals) and their address, email address, mobile phone number, or by completing the setup of external accounts using deposit verification, you give us authorization to follow the payment instructions, which you provide to us via First Federal Bank’s Online Banking or First Federal Bank’s Business Online Banking service for these payees. When we receive a payment instruction for the current date or a future date, we will remit the funds to the payee on your behalf from the funds in your selected account on the day you have instructed them to be sent (Payment Date). We are not obligated to pay funds from your account(s) if the account balance is insufficient to cover the payment, unless your account has overdraft protection in an amount sufficient to cover the payment. Funds for all bill payments, whether paid electronically or by check, will be withdrawn on the day the payment is scheduled to be sent to the payee.

 

Stop Payments

You have the right to stop or change any scheduled payment. You must cancel the payment no later than 5:00 p.m. EST of the day prior to the Payment Date by canceling the payment online. We shall not be liable to you due to a stop payment request if your order to do so is not presented prior to processing the payment. Once processing of the payment has begun, you can no longer stop payment.

 

Note

Any payments made with Bill Payment require sufficient time for your payee to credit your account properly. To avoid incurring a finance charge or other charge, you must schedule a payment sufficiently in advance of the due date of your payment. In the event that the payee for your scheduled payment does not accept payments via the electronic system, your payment should be made by you mailing a paper check. Paper payment requires a longer delivery time. Payments by paper check should be scheduled seven (7) business days prior to the due date.

 

Liability

If you fail to schedule your payment according to the recommended time frame, First Federal Bank will not be responsible for any late fees or finance charges. We shall not be responsible for any charges imposed or any other action taken by a payee resulting from a payment that you have not scheduled properly, including any applicable finance charges or late fees.  First Federal Bank will not be responsible for processing incorrect information, which is supplied by you through the bill payment system, or for failure of the payment to process due to incorrect information. In addition, we will not be liable if any third party through whom any bill payment is made fails to properly transmit the payment to the intended payee. We will also not be liable if there are insufficient funds in your designated payment account or credit availability in your overdraft protection plan, if a legal order prohibits us from conducting withdrawals to the payment account, if there is a hold on the account for uncollected funds or any other valid reason for hold, if the payment account is frozen or closed, or if any part of the electronic funds transfer system is not working properly. We will not be liable for indirect, special or consequential damages due to the use of Bill Payment.

 

Research Requests

To inquire about an online Bill Payment, please contact a First Federal Bank Online Banking or First Federal Bank’s Business Online banking Representative at one of our locations.

 

Termination

First Federal Bank reserves the right to terminate your use of Bill Payment at any time.  If for any reason you should wish to terminate your use of First Federal Bank’s Bill Payment System, we recommend that you cancel all future bill payment and transfers at the same time you cancel your account, either by deleting the payments yourself, or by calling a First Federal Bank Representative at one of our locations. This will insure that future payments and transfers made by you will not be duplicated. We will automatically delete all outstanding payments and transfers (both one-time and recurring) once we have been notified that your service has been terminated. We will continue to maintain your accounts unless you notify us otherwise.

Bill Payment Fees

The Bill Payment service will be provided to all online banking users at no additional monthly charge for those who wish to enroll.  Business online banking users can enroll in the Bill Payment service for a nominal monthly fee.  Additional products within the Bill Payment service may include other fees not associated with the monthly fee.  These additional fees will be disclosed during usage of the product.

 

Joint Account Holders

Each Bill Payment account may consist of either one individual account holder, or multiple (joint) account holders. Each account holder needs a unique First Federal Bank Online Banking or First Federal Bank’s Business Online Banking password. The terms of this online banking agreement apply to all account holders enrolled in the online Bill Payment program. In order to have a joint membership, all members must be joint signers on the checking account linked to Bill Payment. Joint members share the same payee list and are subject to the joint tenant rules contained in the Account Agreement and Signature Card for the checking account. Either account owner may close the bill payment service.
 

V. Account to Account Transfer Terms

1. Introduction. This Terms of Service document (hereinafter “Agreement”) is a contract between you and First Federal Bank (hereinafter “we” or “us”) in connection with each service that is described in the rest of this Agreement that applies to services you use from us, as applicable (each, a “Service”) offered through our online banking site or mobile applications (the “Site”). The Agreement consists of these General Terms for Each Service (referred to as “General Terms”), and each set of Terms that follows after the General Terms that applies to the specific Service you are using from us. This Agreement applies to your use of the Service and the portion of the Site through which the Service is offered.
2. Service Providers. We are offering you the Service through one or more Service Providers that we have engaged to render some or all of the Service to you on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Service to you, we are the sole party liable to you for any payments or transfers conducted using the Service and we are solely responsible to you and any third party to the extent any liability attaches in connection with the Service. 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.
3. Amendments. We may amend this Agreement and any applicable fees and charges for the Service 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 Service 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 Service 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 Service, and/or related applications and material, and limit access to only the Service’s more recent revisions, updates, upgrades or enhancements.
4. 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 Service. We do not have control of, or liability for, any products or services that are paid for with our Service. We also do not guarantee the identity of any user of the Service (including but not limited to recipients to whom you send payments).
5. 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.
6. Notices to Us Regarding the Service. Except as otherwise stated below, notice to us concerning the Site or the Service must be sent by postal mail to: PO Box 1049, Dunn, NC 28335. We may also be reached at 910-891-2010 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.
7. 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 Service, 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 Service setup or customer profile. For example, users of the Service 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 Service if you withdraw your consent to receive electronic communications.
8. 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.
9. 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.
10. Your Privacy. Protecting your privacy is very important to us. 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.
11. Privacy of Others. If you receive information about another person through the Service, you agree to keep the information confidential and only use it in connection with the Service.
12. Eligibility. The Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is 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 Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.
13. Prohibited Payments. The following types of payments are prohibited through the Service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such payments:

a. Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); and
b. Payments that violate any law, statute, ordinance or regulation; and
c. Payments that violate the Acceptable Use terms in Section 14 of the General Terms below; and
d. Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise, sell to, or solicit others; or (13) 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
e. 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
f. Payments relating to transactions that (1) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or multi-level marketing programs, (2) 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, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing, (5) 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 (6) provide credit repair or debt settlement services; and
g. 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.

14. 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 Service, regardless of the purpose of the use, and for all communications you send through the Service. 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 Service 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 Service or the portion of the Site through which the Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; 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.
15. Payment Methods and Amounts. There are limits on the amount of money you can send or receive through our Service. 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 Provider also reserve the right to select the method in which to remit funds on your behalf through the Service, 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 Provider, or draft check drawn against your account.
16. Your Liability for Unauthorized Transfers. Immediately following your discovery of an unauthorized Payment Instruction, you shall communicate with customer care for the Service 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 Service has been lost or stolen, your liability is no more than $50.00 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 $500.00. 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.
17. 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.
18. Failed or Returned Payment Instructions. In using the Service, 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:

a. 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;

b. 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;

c. Service Provider is authorized to report the facts concerning the return to any credit reporting agency.

19. 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 Service, changes may be able to be made within the user interface of the Service or by contacting customer care for the Service 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.
20. 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 Service, to authenticate you when you log in, to send you information about the Service, 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 Service 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 Service in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the Service. The following provisions in this Section apply to certain Services:

a. 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.

b. 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.

21. Service Termination, Cancellation, or Suspension. If you wish to cancel the Service, you may contact us as set forth in Section 6 of the General Terms above. Any payment(s) 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 Service at any time and for any reason or no reason. Neither termination, cancellation nor suspension shall affect your liability or obligations under this Agreement.

22. Errors, Questions, or Complaints.

a. In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in Section 6 of the General Terms above.

b. If you think your periodic statement for your account is incorrect or 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. You must:

1. 1. Tell us your name;
   2. 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,
   3. Tell us the dollar amount of the suspected error.

c. 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 you think is 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.

23. Intellectual Property. All other marks and logos related to the Service 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 Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, 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 Service 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.
24. Links and Frames. Links to other sites may be provided on the portion of the Site through which the Service is 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.
25. Password and Security. If you are issued or create any password or other credentials to access the Service or the portion of the Site through which the Service is 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 Service 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.
26. 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 Service; 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 Service 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.
27. Disputes. In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to this Agreement.
28. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through Judicial Arbitration and Mediation Services (“JAMS”), the American Arbitration Association (“AAA”), or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that the following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties, their representatives or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and may be submitted to any court of competent jurisdiction for confirmation. The parties acknowledge that remedies available under federal, state and local laws remain available through arbitration. NO CLASS ACTION, OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.
29. Law and Forum for Disputes. Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, 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 the county in which you reside. 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. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective Affiliates arising under this Agreement.
30. 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.
31. 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.
32. 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.
33. Exclusions of Warranties. THE SITE AND SERVICE 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 SERVICE, 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.
34. 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 SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE 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 SERVICE, 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 SERVICE 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 SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS 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 SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS 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 $500 (FIVE HUNDRED DOLLARS). 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.
35. 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 Service and the portion of the Site through which the Service is 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.
36. Definitions.

1. “ACH Network” means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.
2. “Affiliates” are companies related by common ownership or control.
3. “Business Day” is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.
4. “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 Service. 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.
5. “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.
6. “Payment Network” means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.
7. “Service Provider” means companies that we have engaged (and their Affiliates) to render some or all of the Service to you on our behalf.

ACCOUNT TO ACCOUNT TRANSFERS ADDITIONAL TERMS

1. Description of Service, Authorization and Processing.

a. The term “Transfer Money Terms” means these Account to Account Transfers Additional Terms. 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 “Service”) enables you to transfer funds between your Account(s) that you maintain with us on the one hand, and your Account(s) that are maintained by other financial institutions, on the other hand.

b. 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.

c. You may initiate (1) a one-time Transfer Instruction for which processing shall be initiated immediately, (2) a one-time Transfer Instruction for which processing shall be initiated at a later specified date up to one (1) year, and (3) 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 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); 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).

d. 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:

1. 1. 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;
   2. The Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
   3. The transfer is refused as described in Section 6 of the Transfer Money Terms below;
   4. 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,
   5. 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.

e. It is your responsibility to ensure the accuracy of any information that you enter into the 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.

2. Transfer Methods and Amounts. Section 15 of the General Terms (Payment Methods and Amounts) applies to the Service, even in circumstances where the External Account is closed and we are attempting to return funds to such Account.
3. Transfer Cancellation Requests. You may cancel a transfer at any time until it begins processing (as shown in the Service).
4. Stop Payment Requests. If you desire to stop any transfer that has already been processed, you must contact customer care for the 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 as set out in the applicable fee schedule.
5. Service Fees and Additional Charges. You are responsible for paying all fees associated with your use of the Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Service or Site. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. Use-based fees for the 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 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.
6. 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.
7. Returned or Failed Transfers. In using the 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.
8. Definitions

“Account” means a checking, money market or savings account that is either an Eligible Transaction Account or External Account, as applicable.

“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.

“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.

“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.

VI. General

Changes to Fees, Charges and Other Terms

We reserve the right to change the fees, charges or other terms outlined in this agreement. We will notify you 30 days prior to implementation of changes, either by written notice or e-mail, and will also update this agreement, if the changes to this agreement are more restrictive than those stated in the agreement, or increase your responsibility for unauthorized transactions. In the event that a change is necessary to ensure the security of the online system, an immediate change may be necessary, and we will notify you within 30 days after the change is made by electronic or written notice. You may choose to accept or decline changes by continuing or discontinuing the services to which the changes relate. We reserve the option to waive, reduce or reverse charges or fees in individual situations. Changes to fees applicable to specific accounts are governed by the applicable Account Disclosure.

Disclosure of Account Information

You authorize First Federal Bank and any affiliates to disclose to third parties, agents, and affiliates, such as independent auditors, consultants or attorneys, information you have provided or that we or our affiliates have obtained about your accounts and the transfers you make:

• To comply with government agency requests or court orders
• To verify the existence and condition of your account to a third party, such as a credit bureau or merchant
• To provide services relating to your account or to offer other products and services
• To other entities if you give us permission

Consumer Rights and Responsibilities

In addition to this Agreement, you agree to be bound by and comply with the Account Agreement and Account Disclosure, the rules and regulations of the electronic transfer system, and state and federal laws and regulations.

You, the consumer, are responsible for keeping your password and account data confidential. We are entitled to act on transaction instructions received using your password, and you agree that the use of your password will have the same effect as your signature, authorizing the transaction(s). If you authorize other persons to use your password in any manner, your authorization will be considered unlimited in amount and manner until you have notified us in writing that you have revoked the authorization, changed your password, and that you are responsible for any transactions made by such persons until such time as we receive, and have time to act upon the notification that transfers by that person, or instructions regarding your accounts, are no longer authorized.

The Bank reserves the right to terminate or modify this agreement and modify your access to First Federal Bank’s Online Banking or First Federal Bank’s Business Online banking service in whole or in part, at any time.

The Bank may assign certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

Unauthorized Transactions

You must notify us immediately if you suspect that another person has improperly obtained use of your Online Banking or Business Online password. You must also notify us if someone has transferred or may transfer money from your bank account without permission, or if you suspect any fraudulent activity related to your account. You should reveal your account number only to legitimate entities for purposes you authorize, such as automatic payments to your insurance company. To notify us, call a First Federal Bank Representative at one of our locations.

Federal law requires that if you believe your personal online password has been lost, stolen or compromised and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50.00 if someone used your online password without your permission.

Please tell us AT ONCE if you believe your personal password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. If you do not notify us promptly, it is possible that you could lose all the money in your account, plus any maximum overdraft line of credit. To notify us, call a First Federal Bank Representative at one of our locations.  If you do NOT tell us within two (2) business days after you learn of the loss or theft, and we could have stopped someone from taking money without your permission had you told us, you could lose as much as $500.00.

If your statement shows withdrawals, transfers or purchases that you did not make or authorize, please notify us at once. If you do not notify us within sixty (60) days after the paper or online statement was sent to you, and we could have stopped someone from taking money if you had told us in time, you may not get back any money lost after the sixty (60) days. If extenuating circumstances, such as a confirmed extended trip or hospital stay, kept you from telling us, the time periods in this section will be extended.

Electronic Funds Transfer Error Resolution

In case of errors or questions about your personal electronic transfers, call or write us at the telephone number or address listed in this agreement, 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 60 days after we sent the FIRST statement on which the problem or error appeared.

• Tell us your name and account number (if any).
• Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
• Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.  You may ask for copies of the documents that we used in our investigation.

The Electronic Funds Transfer Act (“EFT Act”) is only applicable to consumers and commercial account holders are not entitled to the rights provided under the EFT Act.

 

VII. Limitations on Bank Liability

We will not be responsible for the following incidents, errors or failures:

Access

We will not be responsible for failure to provide access or for interruptions in access to First Federal Bank’s Online Banking or First Federal Bank’s Business Online banking service or online Bill Payment service due to a system failure or due to other unforeseen acts or circumstances.

Your Computer Equipment or Software

We will not be responsible for any errors or failures from any malfunction of your computer or other problems related to your computer equipment used with First Federal Bank’s Online Banking or First Federal Bank’s Business Online Banking service.  You agree we are not responsible for any damages which may occur from viruses, worms, trojan horses or other harmful software.

We are not responsible for any error or damages to data, information, transactions, or other losses you may suffer due to the malfunction or misapplications of any system you use, including your browser (Microsoft Internet Explorer®, Google Chrome®, or other), your Internet service Provider (ISP), your personal financial management or other software (such as Quicken®, or Microsoft Money®). We will not be responsible for any damages or loss, direct or indirect, sustained to any equipment you may use (including your telecommunications facilities, computer hardware and modem) to access or communicate with First Federal Bank’s Online Banking or First Federal Bank’s Business Online banking service.

Online Bill Payment

We are not responsible for postal delays or processing delays by the payee for any bill payment made through our Bill Payment service.

 

VIII. Other Provisions

Electronic Notice

With your consent, we may send notices to you by electronic mail (e-mail), however, First Federal will not contact you by e-mail requesting personal or financial information. If you receive a request for personal or financial information please contact us immediately.

You may use e-mail to contact us about inquiries, maintenance, and/or some problem resolution issues. E-mail may not be a secure method of communication. We therefore recommend that you do not send confidential personal or financial information by e-mail. There may be times when you need to speak with someone immediately, especially to report a lost or stolen password, or to stop a payment. In these cases, do not use e-mail, instead call a First Federal Bank Representative at one of our locations, during regular business hours, Monday through Thursday, 9:00 a.m. until 5:00 p.m. and on Friday from 9:00 a.m. until 5:30 p.m., excluding Federal Bank Holidays.

Warranty and Software Limitations

Neither we, nor any of our Subsidiaries, any software supplier nor any information providers make any warranty, express or implied, to you concerning the software, equipment, browser or other services including, but not limited to, any warranty of Merchantability or fitness for particular purpose (or non-infringement of third-party rights), unless disclaiming such warranty is prohibited by law.

Hours of Operation

Our Representatives are available to help you Monday through Thursday, 9:00 a.m. until 5:00 p.m. and on Friday from 9:00 a.m. until 5:30 p.m., excluding Federal Bank Holidays.

Ownership of Website

The content, information and offerings on our web-site are owned by First Federal Bank, and the unauthorized use, reproduction, linking or distribution of any portions are strictly prohibited.

Geographic Restrictions

The First Federal Bank Online Banking or First Federal Bank’s Business Online Banking services described in this Agreement and available on our web-site are solely offered to citizens and residents of the United States of America currently residing in the United States. Citizens and residents outside the United States may not be able to access the First Federal Bank Online Banking or First Federal Bank’s Business Online Banking or Bill Payment service.

Scope of Agreement

This Agreement represents our complete agreement with you relating to our provision of the First Federal Bank Online Banking or First Federal Bank’s Business Online Banking services. No other statement, oral or written, including language contained in our web-site, unless otherwise noted, is a part of this agreement.

 

IX. Fees and Charges

You agree to pay the fees and charges for the use of First Federal Bank’s Online Banking services and First Federal Bank’s Business Online Banking services as set forth in the current fee schedule.  We reserve the right to change applicable fees and charges at any time.  We will provide you with any notice required by law of any changes to our fees and charges.    You agree that all such fees and charges will be deducted from the First Federal Bank checking account designated on your enrollment form. You agree to pay any additional reasonable charges for services you request that are not covered under this agreement.  If you close the primary account, you must designate another account.  See First Federal Bank’s separate Schedule of Fees for additional information.

SCHEDULE OF FEES

The following miscellaneous fees may be assessed against your account and the transaction limitations, if any, apply to your account. The fees will be effective February 15, 2023.

Miscellaneous Schedule of Fees

Debit Card Schedule of Fees

Safety Deposit Box Schedule of Fees

Personal Online Banking, Mobile Banking & Bill Pay Schedule of Fees

Business Online/Cash Management Banking & Mobile Banking & Bill Pay Schedule of Fees