Deposit Account Disclosures
Deposit Account Agreement
Rules and Regulations for Checking Accounts
Understanding Your Deposit Account
Electronic Fund Transfer Services and Debit Card Agreement
Deposit Account Agreement
General.
In this Deposit Account Agreement the terms 'account owner,' 'you,' and 'your' refers to the Depositor (whether joint or individual). Third Federal Savings and Loan Association of Cleveland is referred to as 'Third Federal,' 'Association,' 'Bank,' 'we,' our,' and 'us.' The Deposit Account Agreement contains terms and conditions governing your deposit accounts with us. As used herein, the term 'Agreement' means all of the terms and conditions contained in this document, the signature card, a Fee Schedule, the Truth in Savings Disclosure, a Funds Availability Policy Disclosure, an Electronic Fund Transfers Disclosure, the account passbook, the Certificate of Deposit, the Rules & Regulations for Checking Accounts, the Home Banking Agreement, and the Debit Card Agreement and Disclosure of Terms and Conditions of Electronic Fund Transfer Services, as the same may be amended from time to time, and to the extent all or some of the aforementioned documents apply to or govern the use of your deposit account with us. By signing a signature card, you acknowledge receipt of the Agreement and agree to the terms set forth in the Agreement, as amended from time to time.
You agree that we may waive, in our sole discretion, any fee, charge, term, or condition set forth in the Agreement at the time the account is opened or subsequent thereto, on a one-time basis, for any period or duration, without changing the terms of the Agreement or your obligation to be bound by the Agreement, and we are not obligated to provide similar waivers in the future or waive our rights to enforce the terms of the Agreement.
The Agreement also includes any other documents executed and/or notices issued to establish or maintain your account, including all rules and regulations established by us for this account classification and all applicable state and federal laws and regulations including Clearing House rules, the Uniform Commercial Code and our Charter and Bylaws.
Third Federal Savings and Loan Association of Cleveland operates its branches under the brand name 'ThirdFederal Savings and Loan.' Please note that deposits held at its branches are not separately insured by the Federal Deposit Insurance Corporation (FDIC) from those held at the home office.
Reserve Requirements for Checking and Statement Savings Accounts.
For determining reserve requirements, your Checking and Statement Savings accounts each consist of a transaction sub account and a savings sub account. Periodically, the Association may transfer funds between the two sub accounts. This process will not appear on your monthly statement, nor will it affect your available balance, interest earnings, FDIC insurance or any other features of these accounts.
Money in the account not routinely needed to pay debits may be periodically transferred to the savings sub account. The remainder of the balance will be maintained in the transaction sub account. If the daily activity posted to the transaction sub account exceeds the balance of the transaction sub account, a transfer will be made from the savings sub account to cover any shortfall in the transaction sub account as a result of the day's activity. If a sixth transfer in a calendar month is required, all funds within the savings sub account will be credited back to the transaction sub account for the remainder of the month.
Account Owner Responsibility.
Each account owner must sign a deposit account signature card. At the time the account is opened, you shall be issued a passbook or other evidence of account. All accounts, whether in an individual or joint names, are for the use of the Depositor(s) only. It is your responsibility to notify us in writing, or electronically pursuant to the Home Banking Agreement, if applicable, of any changes regarding the account. No change will be effective until your written notification is received and consented to by us.
Deposits/Withdrawals.
We may refuse to accept funds for deposit. Deposits may not be available for immediate withdrawal. Please refer to the Association's rules governing Funds Availability.
The account passbook must be presented with each withdrawal transaction. However, certain exceptions may apply such as statement savings, statement certificates, telephone transactions made in accordance with this Agreement, electronic transactions made in accordance with the Home Banking Agreement, or presentation of an affidavit signed by all of the account owners.
A passbook need not be presented whenever a deposit or withdrawal is made from a statement account. The books of the Bank and the statement sent monthly or quarterly to the Depositor shall be determinative of the balance to the credit of the account. Statements will note all deposits, withdrawals, adjustments, and interest credited to the account. Such statements may be sent to the last address, shown by the records of the Bank of any one of the Depositors listed on the account.
You authorize us to cash or accept checks and other instruments for deposit to your account, whether payable to one or more parties, and to supply any needed endorsement.
If any item credited to your account is returned to us unpaid, at our discretion, we will resubmit the item to the bank it is drawn on in order to collect the funds. A Redeposited Item Fee will be charged to your account, as indicated in the Association's current fee schedule.
In the event the item is again returned to us unpaid, we will charge back your account for the item, return the check to you, and charge a Return of Deposited/Cashed Item Fee as indicated in the Association's current fee schedule.
Even though we may credit your account immediately, please be advised that we may handle the collection of any item we receive, except for cash deposits, as a collecting bank in accordance with our usual practices. We assume no liability beyond the exercise of ordinary care. If any item is returned, it will be debited back to your account and we may adjust the interest earned on your account accordingly. We may in certain circumstances also refuse to honor any request you make, including preauthorized, to withdraw funds from your account until we have received final settlement for the deposited item. All deposits must be in U.S. dollars and if in check form, drawn on a U.S. bank.
We reserve the right to require prior written or electronic notice suitable to the Association from you of your intention to withdraw, according to the minimum time for such notice set forth in the Agreement. For additional protection, we may require that you provide us with a notarized request for an early withdrawal. We also reserve the right to require additional proof (such as, photo identification) above and beyond your signature.
Signatures and Authorizations.
Any person whose signature appears on the signature card for your Account is authorized to transact any business with respect to your account.
If you voluntarily give information about your account (such as our routing number and your account number) to a party that is seeking to sell you goods or services, any debit to your account initiated by the party to whom you gave your information is deemed authorized.
Examination of Statements.
Statements will be mailed at the Association's convenience to the address we have for the account on our records, unless you have provided us with another address in writing. If any statement is returned because of an incorrect address, we may stop sending statements to you, until we receive your new address from you in writing.
It is your duty to exercise reasonable care and promptness in examining your statement and imaged copies of checks for errors, unauthorized signatures, forgeries or alterations. Time is of the essence.
Failure to discover and report errors, unauthorized signatures, forgeries or alterations to the Association within thirty (30) days from the date the statement is made available to you shall preclude any claim for losses that you sustain resulting from such failure.
Use of Facsimile Signatures.
If you use a rubber stamp or other device to imprint a facsimile of your signature on a check, withdrawal slip or any other form, you are fully responsible for the use of the stamp or device and for payments made by us in reliance upon the presence of the facsimile signature on any item presented for payment regardless of who used the stamp or device.
Preauthorized Direct Deposits.
If any amount deposited into an account by means of a preauthorized direct deposit must be returned to any public agency or governmental authority for any reason, you agree to permit us to deduct the amount to be returned from any of your accounts, without prior notice.
ACH Credits.
Credit given by us to your account with respect to an Automated Clearing House (ACH) credit entry is provisional until we receive final settlement for such. If we do not receive such final settlement, we will debit your account for the amount of such provisional entry when we determine that we shall not receive such final settlement. In such event you will have to pursue your claim against the originator of the ACH entry for the amount of such entry.
Under the operating rules of the National Automated Clearing House Association, which are applicable to ACH transactions involving your account, we are not required to give next day notice to you of receipt of an ACH item and we will not do so. With respect to preauthorized transfers that are credited to your account, the person transferring the funds to your account will give you notice that the transfer has been initiated. You may also call us at 1-800-844-7333 to determine whether the transfer occurred. We will reflect any completed transfer on any periodic statement that we provide to you with respect to your account.
We may from time to time accept on your behalf payments to your account that have been transmitted through ACH which are not subject to the Electronic Fund Transfer Act. Your rights and obligations with respect to such credits shall be construed in accordance with and governed by the laws of the State of Ohio as provided by the operating rules of the National Automated Clearing House Association, which are applicable to ACH transactions involving your account.
Use of Night Depositories.
Deposits made in night depositories and other receptacles are at the sole risk of the user until entered on the books of the Association. You agree to accept as final and conclusive the records of the Association, both written and electronic, as to the contents in any deposit envelope received by us.
Interest.
Interest is paid from the day of deposit to the day of withdrawal and is computed on a 365/365-day basis except for leap year, in which case, interest is computed on a 366/366-day basis. Your account will earn interest as set forth in the Agreement or at that rate of interest which may be determined by us from time to time.
Minimum Balance Requirement.
You agree to comply with any minimum balance requirements pertaining to your account. Minimum balance requirements will be determined by our Board of Directors from time to time for each account classification.
Expenses.
If we incur any expenses due to an attachment, garnishment, or levy on your account including, but not limited to court costs and attorney fees, you will reimburse us for such expenses or we may charge such expenses to your account.
Service Charges & Fees.
We reserve the right to assess service charges and fees for any and all services we render, as determined from time to time, and as set forth in the then current fee schedule. The service charges and fees may be deducted from your account. In addition, we may charge you for other services whether or not related to your account, such as wire transfers of funds or issuing an official check.
Right of Set-off.
We may secure the repayment of any indebtedness (except for indebtedness arising from a consumer credit card transaction), whether direct or indirect, owed to us by you by deducting those amounts from any accounts you have with us. If your account is a joint account, it is agreed that we are held harmless and indemnified by you in the event the account is setoff for the debt of only one joint owner. Each joint owner hereby acknowledges our right to so offset for the debt of any one of the joint owners.
Terminating an Account.
We reserve the right to terminate your account at any time. We may close the account by sending you a check for the collected balance and giving you notice that we have done so.
Transferability.
All accounts are transferable only on the books of the Association.
Dormant Accounts.
If you have not made a withdrawal from or a deposit to your account for a period of 24 consecutive months, the account may be considered inactive and a dormant account. We may assess a dormant service charge and deduct the fee from your account balance. If by assessing the dormant service charge the account reaches a zero balance, the account will be closed. Following the period of inactivity prescribed by applicable state law, the account may be escheated to the applicable state in accordance with such laws. We are relieved of all further responsibility for these funds once your account balance is escheated.
Assignment.
You cannot transfer or assign any interest in your account, except by withdrawal, without our written consent.
Loans Secured by Deposit Accounts.
All signers on an account offered as collateral must be at least 18 years of age and all signers must execute the note and security agreement when the account is used as collateral for a loan.
Lost or Stolen Passbooks or Checks.
In the event that any passbook or check is lost, stolen, destroyed, or disclosed to an unauthorized person, you must notify us immediately in writing or, if we permit, electronically pursuant to the Home Banking Agreement. If we are not properly notified by you, we will not be responsible for any loss you may sustain as a result of someone presenting the lost or stolen passbook or check.
We may insist that the account be closed and a new account be opened. Before permitting you to use the account or open a new account, we may require a waiting period. For passbook accounts, we require all account owners to sign an Affidavit for Lost Evidence of Account in the presence of a Notary Public.
Amendments.
The terms and conditions of this Agreement contained herein, including but not limited to all fees and service charges, may be amended by us from time to time. We will notify you of amendments as required by applicable law. Your continued use of the account evidences your agreement to any amendment. We may mail a notice of the amendment to you at the most recent address shown on our records; we may post a notice in each of our offices; we may post a notice on our website; or we may make a copy available in each of our offices.
Power of Attorney.
We may refuse to honor a power of attorney for any reason. We may require an affidavit from the attorney-in-fact, stating that the document presented is a true copy and that, to the best of his or her knowledge, our Depositor is alive and that his or her powers have not been altered or terminated. We may rely on any power of attorney, which is valid at the time it was created until the Association is given written notice that such power of attorney is revoked. For Florida accounts only, transactions conducted by a power of attorney shall be governed by Florida law regarding powers of attorney including without limitation Florida statute 709.08 as such may be modified from time to time.
Debit Card Services.
By obtaining a Third Federal Debit Card, you agree to comply with the terms of the Debit Card Agreement and Disclosure of Terms and Conditions of Electronic Fund Transfer Services.
Home Banking Services.
If we have enrolled you in our Home Banking Service pursuant to your oral or written request, you agree to comply with the terms of the Home Banking Agreement.
Telephone Banking Service.
You may use our Telephone Banking Service to direct us to withdraw funds from your designated account(s) to open a new account. Upon opening an account with us, you agree to comply with the terms and conditions of our Telephone Banking Service provided below and you are authorizing us to accept telephone instructions from any person that you designate to us as authorized to transfer funds to open a new account without us obtaining the passbook or your written authorization to do so. We will use reasonable procedures to confirm that instructions communicated to us by telephone are genuine. You agree to call or write us immediately if you want to stop another person's telephone authority or if you suspect fraudulent activity in connection with the service.
Customer Liability.
Except as limited by applicable law, you are fully liable for any losses related to transfers you or others make from your account, and you agree to indemnify Third Federal for any such losses. Certain rights and obligations of Third Federal and you, including limitations on your liability, are outlined in our Electronic Fund Transfers Disclosure.
Limitation of Transfers.
The following limitations exist on the number of telephone transfers you may make from your account:
- You may make unlimited telephone transfers from your checking account or statement savings account.
- You are limited to six (6) telephone transfers per calendar month from your passbook savings account, money market passbook account, or certificate of deposit account.
Amendment and Termination.
We have the right to terminate or change this service at any time. We will notify you of any changes by notice mailed to you at the most recent address shown on our records, by posting a notice in our branches, by posting a notice on our website, by making a copy available at our branches, or as otherwise required by applicable law.
If at any time you have questions regarding the Telephone Banking Service, please call our Customer Service Department at 1-800-THIRD-FED or 1-800-844-7333.
Applicable Laws and Regulations.
If any provisions contained herein (or any provision contained in any document comprising the Agreement) is found to be in violation of, or restricted by, any applicable federal, state, or local law, regulation or ordinance, the Agreement shall be so construed as to conform with such law, and the remainder of the Agreement shall not be affected by such law, and shall remain in full force and effect. This Agreement is governed by the laws of the State of Ohio to the extent such laws are not preempted by federal law.
Account Ownership.
You have instructed us as to the proper title of the account and we assume no legal responsibility to inform you as to the proper title of the account and we assume no legal responsibility to inform you as to how the creation of such account affects your legal interests. If you have any questions as to the legal effect of account ownership, you should consult your own attorney and you bear the sole responsibility as to the legal effect of the creation of the account or how it is maintained with us. The laws of the State of Ohio will govern the ownership rights of the account.
Change of Account Ownership.
Any change in account ownership may subject the account to closure and the penalty for early withdrawal.
DEFINITION OF ACCOUNT OWNERSHIPS
Individual Account.
An individual account is an account in the name of one Depositor only. Only that person may write checks against the account or withdraw money.
Joint with Right of Survivorship Account.
An account with two or more account owners is a joint account with survivorship rights. If you have opened a joint account, you agree that the account will be a joint account payable to any one of the joint owners or to the survivor or survivors of them, so long as each such owner/survivor is authorized to sign upon the account. If the account is joint but only one of the joint owners is authorized to sign upon the account, we may treat it as an individual account. You authorize any joint owner to endorse any item payable to you for deposit to this account or any other transaction with us. We shall incur no liability or loss for transactions completed by any joint owner on your behalf. Even though it is your intent to create a right of co-ownership in a joint account, you understand that we may, upon receipt of notice of the death or incapacity of a joint owner, hold the account until you have satisfied us that all legal documents necessary to make payment have been delivered to us, or we have been ordered by a court to dispose of the account. If any dispute arises between the joint owners, we are authorized to freeze the account until we receive instructions signed by all joint owners or until a court orders us as to the disposition of the account.
Pay-on-Death Account (aka Payable on Death Account).
You may open a pay-on-death account in the following ways:
- Single Party Account (one account owner - 'POD') with a Pay-on-Death Designation.
When the account owner dies, ownership passes to the designated pay-on-death
beneficiary/beneficiaries ('RUD' - Recipient on Death) and is not part of the account
owner's estate;
-OR-
- Multiple Party Account (more than one account owner - 'POD') with Right of
Survivorship and a Pay-on-Death Designation. When the last surviving account
owner dies, ownership passes to the designated pay-on-death beneficiary/beneficiaries ('RUD' - Recipient on Death) and is not part of the last surviving owner's estate.
If you open a pay-on-death account, it is understood that you are the owner of the account during your lifetime and you retain the right to withdraw the proceeds of this account, in whole or in part, and to designate a change of beneficiary/beneficiaries.
If there are multiple owners designated on the pay-on-death account, any one owner has the right to deposit or withdraw. However, all owners are required to sign in order to change and/or delete beneficiaries. It is understood that the initial amount deposited, plus all credits to the account shall not be made available to the
beneficiary/beneficiaries until the death of all the account owners.
On the death of the sole account owner or the last survivor of two or more account owners, sums on deposit belong to the surviving beneficiary or beneficiaries. If no beneficiary survives the account owner(s), sums on deposit belong to the estate of the
last surviving account owner.
Uniform Transfer to Minors Account.
If you open an account as custodian for a minor beneficiary, the account shall be subject to the Ohio Transfers to Minors Act, or similar law, as adopted by the State of Ohio.
Custodian Account.
This account is opened when a person or corporation (Custodian) is in control and possession of funds that belong to someone else. The Custodian is responsible for the care and preservation of the funds and has full authority with regard to the account, but has no ownership interest in the funds on deposit.
Formal Trust Account.
A formal trust account is an account held by one or more trustees for the benefit of one or more beneficiaries pursuant to a written trust agreement. Upon our request, the trustee(s) will supply to us a copy of any trust agreement, or any portion(s) thereof, covering the account. We act only as the depository for the trust funds and are under no obligation to act as a trustee or to inquire as to the powers or duties of the trustee(s). You agree to comply with all applicable laws as to your actions as trustee of the account.
Guardian/Conservator Account.
An account opened by a person or persons appointed by the court and charged with the duty of taking care of another individual and managing the property and rights of the individual who, because of age, disability, degree of understanding or self-control, is considered incapable of administering his or her own affairs.
Decedent Estate Account.
An account opened in the name of a personal representative, administrator, administratrix, executor, or executrix of the estate of a deceased person.
Representative Payee Account.
An account opened by an individual who is appointed by the federal government to handle federal benefit payments on behalf of another person.
Business Account.
A business account is an account which is not held for personal, family or household purposes, but rather for commercial purposes (i.e., a corporation, partnership, sole proprietorship, unincorporated association, etc.). We may ask you to provide us with evidence to our satisfaction of the authority of those individuals who sign the signature card on behalf of the business. Specimens of the signatures of those authorized to make withdrawals from the account and to act in connection therewith are indicated on the signature card. If the account is opened as a business account, you are authorizing us to act upon the request of the business bearing any of such signatures until we receive written notice of the authorization of other signers together with specimen signatures of those other person(s).
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Rules & Regulations for Checking Accounts
Welcome to your Third Federal Checking Account. We thank you for your business and look forward to fulfilling all
of your checking needs.
If at any time you have questions regarding the information presented here, please call our Customer Service line at
1-800-THIRD-FED (1-800-844-7333).
General Information.
The terms 'Third Federal,' 'Association,' 'we,' 'our,' or 'us' shall mean
Third Federal Savings and Loan Association of Cleveland. The term 'Depositor'
shall mean the person, persons, company, or organization in whose name
the account is carried on the books of the Association. The term 'account'
shall mean any interest bearing Negotiable Order of Withdrawal (N.O.W.)
Checking Account offered by the Association.
Except as provided elsewhere herein, or in the signature card agreement, or in the Deposit Account Agreement, the provisions of the Uniform Commercial Code as adopted by the State of Ohio shall apply to the use of this account.
In Florida Only - Any pay-on-death designation made by the Depositor on the Account and any payments made pursuant to that designation shall be governed by Florida law including provisions regarding pay-on-death accounts.
The signing of a signature card by the Depositor shall constitute an agreement by the Depositor to the Charter and
Bylaws of the Association, the Deposit Account Agreement, and to all of the rules and regulations now in effect or as
hereafter amended.
The Depositor agrees to use the forms, whether written or electronic, approved by the Association. The Association
reserves the right to return unpaid any other form of order or any order incompletely or defectively drawn.
All deposits and receipts are conditional until entered on the Association's records, which may, in the discretion of the
Association, be in electronic form.
Deposits and Collections.
All items cashed or deposited will be handled by the Association as
agent for the Depositor subject to charge back or refund if for any reason
final payment is not received in a form acceptable to the Association.
If claim is made with respect to any item subsequent to final payment
on the grounds that such item was altered or bore a forged or unauthorized
endorsement or was not otherwise properly payable, the Association may
withhold the amount thereof from the account until final determination
of such claim.
All deposits are received and credited by the Association subject to final collection. Deposits may not be available for
immediate withdrawal. Please refer to the Association's rules governing Funds Availability, receipt of which is hereby
acknowledged.
If any item credited to your Account is returned to us unpaid, at our discretion, we will resubmit the item to the bank it is drawn on in order to collect the funds. A Redeposited Item Fee will be charged to your Account, as indicated in the Association's current fee schedule.
In the event the item is again returned to us unpaid, we will charge back your Account for the item, return the check to you, and charge a Return of Deposited/Cashed Item Fee as indicated in the Association's current fee schedule. If any item deposited into your account is returned to us unpaid and an overdraft is created, or in the event that you issue a check or other order for payment or incur a charge that would overdraw your account, we may at our sole discretion elect to pay such item or charge and thereby create an overdraft in your account. We are not required to do so. You agree to immediately deposit sufficient funds in your account to cover the amount of any such overdraft.
Remotely Created Checks.
In the event that Depositor deposits a remotely created check (as defined in 12 CFR 229.2(fff)) to an account at Third Federal, Depositor represents and warrants to Third Federal that said check was duly authorized by the person(s) on whose account the check is drawn and that the payee shown on the check, the amount of the check and the date of the check were all authorized by such person(s). In the event that such warranty is breached, we shall charge back the amount of said check to Depositor's Account and may return such check to Depositor by ordinary mail at Depositor's own risk.
Signatures and Authorizations.
Any person whose signature appears on the signature card for your Account is authorized to transact any business with respect to your Account.
Except for remotely created checks as defined in 12 CFR 229.2(fff), if you voluntarily give information about your Account (such as our routing number and your Account number) to a party that is seeking to sell you goods or services, any debit to your Account initiated by the party to whom you gave your information is deemed authorized.
Deposits at Night Depositories.
Deposits made in night depositories and other receptacles shall be
at the Depositor's sole risk until entered on the books of the Association.
Depositor agrees to accept as final and conclusive the records of the
Association, both written and electronic, as to what amounts were in any
deposit envelope when opened by the Association.
Endorsements and Missing Endorsements.
Depositor hereby agrees not to obscure or infringe upon the areas
on the back of checks reserved for the Bank of first deposit. If Depositor
does obscure or infringe upon those areas causing a delay in the return
or processing of any checks, Depositor will assume any and all liability
for any loss, claim, or damage sustained by the Association as a result
of the delay.
Depositor authorizes the Association to accept checks and other instruments for credit to the account, whether payable
to one or more parties, and to supply any needed endorsement.
Liability.
The Depositor agrees that, in performing its duties stated herein,
the Association shall be liable only if it is grossly negligent in performing
those duties and, in no event, shall the Association be liable for any
consequential, indirect, or special damages.
The Association hereby advises the Depositor that due to the large volume of checks it handles every day, the
Association may not check the maker and/or endorser signatures, dates, or alterations thereon and Depositor hereby
agrees that the Association shall have exercised ordinary care in so doing pertaining to the handling of the Depositor's
checks.
Conditional and Postdated Checks.
Depositor agrees not to issue conditional and/or postdated checks.
The Association shall not be liable for charging Depositor's account for
postdated checks paid before due date or for charging Depositor's account
with checks bearing conditional terms or endorsements. The Association
shall also not be responsible for the nonpayment of checks due to insufficient
funds resulting from payment of conditional or postdated checks.
Payment of Checks or Orders of Withdrawal.
Depositor agrees that, in paying checks or similar orders of withdrawal
on Depositor's account, the Association may pay all such items presented
for payment in any order it chooses.
Stop Payments.
At the risk and request of the Depositor, the Association will, without
responsibility on its part so far as it may lawfully limit its liability,
accept stop payment orders on this account. The Association will charge
the Depositor in connection with such stop payment orders in accordance
with its current fee schedule.
All stop payment orders must contain a complete description of the check. This description must include the name of
the drawer, the account number on which the check is drawn, the check number, the exact amount of the check, the date
of the check, and the name of the payee.
An oral stop payment order is valid for fourteen (14) calendar days. A stop payment order received in writing is valid for six (6) months, but may be renewed.
A stop payment order will not be effective if received after the check is paid or if payment occurs within the time frame
for processing the stop payment order. When receiving a stop payment order, the Association may require the
Depositor to agree to additional terms or conditions.
Examination of Monthly Statement.
Statements will be mailed at the Association's convenience to the
address we have for the account on our records, unless the Depositor has
provided us with another address in writing. If any statement is returned
because of an incorrect or outdated address, we may stop sending statements
to the Depositor.
It is the Depositor's duty to exercise reasonable care and promptness in examining the statement and imaged copies of checks for errors, unauthorized signatures, forgeries, or alterations. Time is of
the essence.
Failure to discover and report errors, unauthorized signatures, forgeries or alterations to the Association within thirty
(30) days from the date the statement is made available to the Depositor, shall preclude any claim for losses the
Depositor sustains resulting from such failure.
Fees and Service Charges.
The Depositor is subject to certain charges in connection with the
account. A schedule of such charges shall be supplied to the Depositor
by the Association when the account is opened, receipt of which is hereby
acknowledged. Such charges may be changed from time to time by the Association.
The Association agrees to supply the Depositor with a revised schedule
of charges if any change is made.
Fees and service charges may be deducted from the account, and the Association shall not be liable for dishonoring
checks because of such fees and service charges.
The Depositor agrees to pay all charges for checks and other services as they appear on the then current schedule made
available by the Association and further agrees that the Association may charge the account for these charges.
Suspension and Termination.
The Association reserves the right to suspend payments of deposits
from the account when affected by legal process served on the Association.
The Association also reserves the right at any time, with or without notice, to terminate the deposit relationship and
close the account. Termination of the deposit relationship discharges the Association from any and all duties and
obligations to thereafter honor Depositor's checks or to reopen or credit Depositor's account with deposits made after
termination.
Right to Setoff.
The Association may secure the repayment of any indebtedness (except
for indebtedness arising from a consumer credit card transaction), whether
direct or indirect, owed the Association by any Depositor by deducting
those amounts from any accounts the Depositor has with the Association.
The Association, in receiving checks and other items for deposit and credit to the account, acts only as collecting agent
for the Depositor and assumes no liability beyond the exercise of ordinary care. Items, including those drawn on the
Association, will be cashed, accepted, and credited provisionally, and if not found good, may be charged back to the
account or the amount thereof can be recovered from the Depositor at any time. The Association may return unpaid
items to the Depositor by ordinary mail at the Depositor's own risk.
Account Statements - Check Images.
The Association will not return original cancelled checks written on your Account. Except for In Bank Presentment Checks, the Association provides imaged copies of checks drawn on your Account with each Account statement. In Bank Presentment Checks are those checks drawn on your Account which are directly presented to us for payment rather than presented to us through the check collection process. With respect to these checks, your Account statement will provide information as to the date, check number, and dollar amount of such check. The Association will maintain imaged copies of all cancelled checks as long as it is required to do so by law and will dispose of these copies in accordance with our Record Retention Schedule. If you request copies of In Bank Presented and Imaged checks, the first 10 (ten) copies requested in a calendar year will be provided free of charge. Thereafter, a fee will be charged for each copy in accordance with our current fee schedule.
Check Writing.
You agree to write checks drawn on your Account in legible permanent black or blue ink. If you write a check using pencil, red ink or gel pens, you agree to hold us harmless if a legible copy of the canceled check cannot be produced.
Cashing Checks Drawn on a Depositor's Account for Non-Customers
From time to time, a person who is not a customer of the Association may attempt to cash a check drawn on a Depositor's Account by presenting the check in-person on the Association's Premises. Cashing a check for a non-customer exposes the Association to certain risks that are not present if the check is deposited at another financial institution and presented to the Association through the check collection process.
Therefore, in an effort to prevent fraud and identity theft, the Association may refuse to cash checks for non-customers. However, if the Association agrees to do so the following conditions shall apply:
The Association must positively identify the non-customer and will request at least two forms of identification. Additionally, the Association may attempt to contact the Depositor by phone to confirm the identity of the non-customer and verify the Depositor's signature on the check.
The Depositor understands that the Association may charge a non-customer a fee to cash a check (including a payroll check) that is drawn against the Depositor's Account. Further, the customer waives any claim for wrongful dishonor where the Association in good faith refused to cash a check for a non-customer physically present on the Association's premises, where the Association had reasonable doubts as to the validity of the check.
Seven-Day Notice.
Under Federal Regulations which authorize this interest bearing checking
account, the Association is required to reserve the right to require at
least seven (7) days' notice prior to withdrawal or transfer of any funds
from this interest bearing checking account. If the Association determines
to exercise this right, it will do so on a seven-day basis, and the Depositor's
request for withdrawal or transfer of funds will constitute commencement
of the notification period.
Earnings and Distributions.
Interest is compounded and distributed at such rates and times as
determined by the Board of Directors from time to time.
A minimum daily balance must be maintained in the account in order to
earn interest. For each day the account balance is less than the minimum
balance, the account shall earn no interest. When the account balance
is increased to the minimum balance or more, interest will again begin
to accrue.
We reserve the right to change the minimum balance required in order to earn interest.
Amendments to Rules & Regulations.
This account is governed by these Rules and Regulations. The Rules
and Regulations may be revised or amended by the Association at any time,
and the Association shall give notice of such changes by (1) mailing a
notice to you at the most recent address shown on our records; (2) posting
a notice of such amendment in each of our offices; (3) posting a notice
of such amendment on our website; or (4) making a copy of the amendment
available in each of our offices.
Records.
The Association will maintain records of the account as long as it
is required to do so by law and will dispose of these records in accordance
with the Record Retention Schedule established by the Association.
10-07
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Understanding Your Deposit
Account
Truth in Savings
Electronic Transfers
Funds Availability
Truth in Savings Disclosure of Account Terms.
These requirements are part of the
deposit contract and are in addition to the rules and regulations governing
deposit accounts, as amended from time to time. See Fee Schedule for a list of current fees and see Rate Sheet for a list of current rates.
Section I
General Information.
The following information applies to all accounts:
We use the daily balance method to calculate the interest on your account. This method applies
a daily periodic rate to the principal in the account each day.
Interest begins to accrue on the business day you deposit cash and noncash items (for example, checks).
General Information for Certificates of Deposit.
The following information applies to all Certificate of Deposit accounts described herein:
Renewal Information - The account will automatically renew on the initial maturity
date or on the maturity date of any renewal term at the rate of interest then
in effect for that term and class of account unless (1) it is withdrawn during
the grace period or (2) we notify you prior to maturity that the account will
not be renewed. If we do not renew the account, upon maturity the account will
be converted to a savings account and receive interest at the rate then
paid on the lowest interest bearing savings account available.
CD Special/Retirement CD Special - Certificates of Deposit with a special rate will automatically renew on the initial maturity date at the interest rate in effect for a Certificate of Deposit of the same term.
Grace Period - You will have seven (7) calendar days after the maturity date to withdraw funds without penalty. During the grace period, the account will earn interest at the renewal rate then in effect for the account.
Penalty for Early Withdrawal - If you withdraw any of the principal before the
maturity date, you will be charged a penalty. The penalty on the amount withdrawn will be a loss of interest, whether
earned or not, as follows:
For accounts with a term of:
91 days or less.................................loss of 30 days' interest
92 days through 1 year....................loss of 90 days' interest
More than 1 year.............................loss of 180 days' interest
The penalty will be figured on the
amount withdrawn at the simple interest rate being paid on the account and will
be deducted from the account balance or the amount withdrawn.
You will also be charged a penalty
on the entire account balance if the account drops below the minimum balance
requirement, or if you change the term or rate of interest on the account prior
to any maturity date. If the account
balance drops below the minimum balance requirement, the interest rate on the
remaining balance will be reduced to the rate then paid on the lowest interest bearing savings account available. No interest will be earned if the balance
drops below $50.
Interest credited to the account may
be withdrawn without penalty only during the term in which it is earned.
You will not be charged a penalty
for a withdrawal following the death or adjudication of incompetence of any
accountholder. With respect to IRA/ROTH/SEP/KEOGH Certificate of Deposit Accounts see Section V for other situations where a penalty for early withdrawal will not be charged.
Section II
Passbook Savings.
You must deposit $10 to open this
account.
You must maintain a minimum closing balance
of $50 in the account each day to receive the disclosed annual percentage
yield. You will not earn interest for
any day your balance drops below $50.
Interest will be compounded
quarterly and credited to your account quarterly.
This is a variable rate
account. We may change, without notice
to you, the interest rate and annual percentage yield on your account at any
time.
We reserve the right to require at
least seven (7) days' notice prior to withdrawal or transfer of any funds from
the account.
Section III
High Yield Savings and Retirement High Yeild Savings.
You must deposit $10 to open this
account.
You must maintain a minimum closing
daily balance of $50 in the account to receive the disclosed annual
percentage yield for Tier 1; or a minimum closing daily balance of $5,000 in
the account to receive the disclosed annual percentage yield for Tier 2; or a minimum closing daily balance of $25,000 in the account to receive the disclosed annual percentage yield for Tier 3. You will not earn interest for any day your
closing daily balance is less than $50.
Interest will be compounded monthly
and credited to your account monthly.
This is a variable rate account. We may change, without notice to you, the interest rate and annual percentage yield on your account at any time.
We reserve the right to require at least seven (7) days' notice prior to withdrawal or transfer of any funds from the account. Your checking account is an interest-bearing Negotiable Order of Withdrawal account.
Section IV
Online Savings Plus.
This is an online statement savings account. You must open this account online. You must open this account with a minimum deposit of $5,000.
You must maintain a minimum closing daily balance of $5,000 in the account to receive the disclosed annual percentage yield. You will not earn interest for any day your closing daily balance is less than $5,000.
Interest will be compounded monthly and credited to your account monthly.
This is a variable rate account. We may change, without notice to you, the interest rate and annual percentage yield on your account at any time.
We reserve the right to require at least (7) days’ notice prior to withdrawal or transfer of any funds from the account. Your Online Savings Plus account is an interest bearing Negotiable Order of Withdrawal account.
Section V
High Yield Checking.
You must deposit $10 to open this
account.
You must maintain a minimum closing
daily balance of $1,500 in the account to receive the disclosed annual
percentage yield for Tier 1; or a minimum closing daily balance of $5,000 in
the account to receive the disclosed annual percentage yield for Tier 2. You will not earn interest for any day your
closing daily balance is less than $1,500.
Interest will be compounded monthly
and credited to your account monthly.
This is a variable rate
account. We may change, without notice
to you, the interest rate and annual percentage yield on your account at any
time.
A monthly service charge will be
imposed if the average daily balance during the statement cycle is less than
$1,500. The average daily balance is
calculated by adding the full amount of the closing principal in the account
for each day of the period and dividing that figure by the number of days in
the period. See Fee Schedule for
Monthly Service Charge. The monthly service charge will be waived if you maintain a $1,500 aggregate balance in this account, any checking, savings and/or Certificate of Deposit accounts that you have with us.
The Bank will not return original canceled checks. Except for In Bank Presentment Checks, the Bank provides imaged copies of checks drawn on your account with each account statement. In Bank Presentment Checks are those checks drawn on your account which are directly presented to us for payment rather than presented to us through the check collection process. With respect to these checks, your account statement will provide information as to the date, check number, and dollar amount of such check. You may request a copy of any canceled check. The first 10 (ten) copies of In Bank Presented and Imaged checks requested in a calendar year will be provided free of charge. Thereafter, a fee will be charged for each copy of a canceled check. See Fee Schedule for the Canceled Check Copy Fee.
We reserve the right to require at least seven (7) days' notice prior
to withdrawal or transfer of any funds from the account. Your checking
account is an interest-bearing Negotiable Order of Withdrawal account.
Section VI
30-Day to 10-Year Certificate of Deposit.
You must deposit $500 to open this
account.
You must maintain a minimum closing balance
of $500 in the account each day to receive the disclosed annual percentage
yield.
If the term of your account is 179 days or less, interest will not compound and will be credited to your account at maturity; however, other options are available.
If the term of your account is 180 days or more, interest will be compounded quarterly and credited to your account quarterly and at maturity; however, other options are available.
For accounts with terms of 365 days or less, you may elect to have interest credited only at maturity. If you so elect, interest will not compound and will be credited to your account at maturity.
The annual percentage yield assumes interest will remain on deposit until maturity. A withdrawal will reduce earnings.
Additional deposits are not
permitted on accounts with a term of less than one year. For accounts with a term of one year or
more, additional deposits of $500 or more may be permitted from time to time,
but only if we consent to it. Additional deposits will not extend the maturity date of the account.
Section VII
1- to 10-year Retirement Certificate of Deposit (IRA/ROTH/SEP/KEOGH).
This account consists of funds
deposited to the credit of, or in which the entire beneficial interest is held
by the accountholder pursuant to an IRA Agreement or Keogh Plan.
You must deposit $100 to open this
account.
You must maintain a minimum closing balance
of $100 in the account each day to receive the disclosed annual percentage
yield.
Interest will be compounded
quarterly and credited to your account quarterly and at maturity; however,
other options are available. The annual
percentage yield assumes interest will remain on deposit until maturity. A withdrawal will reduce earnings.
Interest credited to the account may
be withdrawn without incurring a penalty to us only during the term in which it
is earned. However, such withdrawal of
interest may result in adverse tax consequences under IRS rules.
Additional deposits of $100 or more
may be permitted from time to time, but only if we consent to it. Additional deposits will not extend the
maturity date of the account.
You
will not be charged a penalty for early withdrawal in the following cases:
- The accountholder dies.
- The accountholder is adjudicated incompetent.
- The withdrawal is a regularly scheduled distribution to an accountholder who has
reached the age of 59-1/2 or is disabled (as defined in 26 U.S.C. Section 72(m) (7)).
- The withdrawal is a required minimum distribution pursuant to federal tax law.
- The withdrawal is a distribution for health insurance premiums to an accountholder
who is unemployed (as defined in Section 72(t) (2)(D) IRC).
- The withdrawal is a distribution for certain medical expenses (as defined in
Section 72(t) (3) IRC).
- The withdrawal for certain distributions due to the purchase of a first home (as
defined in Section 72(t) (2) IRC).
- The withdrawal qualifies as higher education expenses (as defined in Section 72(t)
(2) IRC).
No penalty
will be charged and no interest will be paid if you withdraw your Individual
Retirement Account (IRA) within 7 days after you are given the IRA disclosure
statement. We will provide you with the
IRA disclosure statement at the time you establish your IRA plan with us.
Funds Availability Disclosure
Your Ability to Withdraw Certain Funds.
This section applies to the following types of accounts: checking accounts and statement savings accounts. Our policy is to delay the availability of certain funds that you deposit
in your account. During the delay, you may not withdraw the funds and
we may not use the funds to pay checks that you have written.
If we cash a check for
you that is drawn on another bank, we may withhold the availability of a
corresponding amount of funds that are already in your account. Those funds will be available at the time
funds from the check we cashed would have been available if you had deposited
it.
If we accept for deposit
a check that is drawn on another bank, we may make the funds from the deposit
available for withdrawal immediately, but delay your availability to withdraw a
corresponding amount of funds that you have on deposit in another account with
us. The funds in the other account
would then not be available for withdrawal until the time periods that are described
elsewhere in this disclosure for the type of check that you deposited.
Even after we have made
funds available to you and you have withdrawn the funds, you are still
responsible for checks you deposit that are returned to us unpaid and for any
other problems involving your deposit.
Determining the Availability of a Deposit.
The length of
the delay is counted in business days from the day of your deposit. Every day is a business day except Saturday,
Sunday and any federal holiday. If you
make a deposit on a business day that we are open, we will consider that day to
be the day of your deposit. However, if
you make a deposit on a Saturday, Sunday or a federal holiday or on day we are
not open; or if you make a deposit at our night depository after 4:00 p.m. on a
business day that we are open, we will consider that the deposit was made on
the next business day we are open.
The length of the delay
varies depending upon the type of deposit and is explained below.
Same-Day Availability.
Funds from electronic
direct deposits and cash deposits to your account will be available on the day
we receive the deposit.
Funds from the following
deposits are available on the day
we receive the deposit:
- U.S. Treasury checks that are payable to you
- Wire transfers
- State and local government checks that are payable to you
- Cashier's, certified, and teller's checks that are payable to you
- Federal Reserve Bank checks, Federal Home Loan Bank checks, and postal money
orders, if these items are payable to you
Availability of Other Check Deposits.
The delay for other
check deposits depends on whether the check is a local or a nonlocal
check. To see whether a check is a
local or a nonlocal check, look at the routing number on the check.

For checks deposited in Ohio, if the first four digits
of the routing number (1234 in the examples above) are 0220, 2220, 0223, 2223, 0410, 2410, 0412, 2412, 0430, 2430, 0432, 2432, 0433, 2433, 0434, 2434, 0440, 2440, 0441, 2441, 0720, 2720, 0724 or 2724, then the check is a local check. Otherwise, the check is a nonlocal check. Our policy is to make funds from these checks available as
follows in the sections titled Local Checks and Nonlocal checks
For checks deposited in Florida, if the first four digits
of the routing number (1234 in the examples above) are 0630, 2630, 0631, 2631, 0632, 2632, 0660, 2660, 0670 or 2670, then the check is a local check. Otherwise, the check is a nonlocal check. Our policy is to make funds from these checks available as
follows in the sections titled Local Checks and Nonlocal checks
Local checks -
The first $100 from a deposit of local checks will be available on the same day of your deposit of your deposit. The remaining funds will be available on the 2nd
business day after the day of your deposit.
For example, if you
deposit a local check of $700 on a Monday, $100 of the deposit is available on
Monday. The remaining $600 is
available on Wednesday.
'Payable Through' checks will be treated as local checks.
Nonlocal checks -
The first $100 from a deposit of nonlocal checks will be available on the same day of your deposit. The remaining funds will be available on the 5th business
day after the day of your deposit.
For
example, if you deposit a $700 nonlocal check on a Monday, $100 of the deposit
is available on Monday. The remaining
$600 is available on the following Monday.
If you deposit both
categories of checks, $100 from the checks will be available on the same day of your deposit, not $100 from each category of
checks.
Longer Delays May Apply.
Funds you deposit by
check may be delayed for a longer period under the following circumstances:
- We believe a check you deposit will not be paid.
- You deposit checks totaling more than $5,000 on any one day.
- You redeposit a check that has been returned unpaid.
- You have overdrawn your account repeatedly in the last six months.
- There is an emergency, such as failure of communications or computer equipment.
We will notify you if we delay your ability to withdraw funds for any of these
reasons and we will tell you when the funds will be available. They will
generally be available no later than the 10th business day after
the day of your deposit and in certain cases, they may be held longer.
Special Rules for New Customers.
If you are a new
customer, the following special rules will apply during the first 30 days your
account is open.
Funds from electronic
direct deposits and cash deposits to your account will be available on the day
we receive the deposit.
Funds from wire
transfers into your account will be available on the 1st
business day after the day we receive the transfer.
The first $5,000 from a day's total deposits of cashier's,
certified, teller's, traveler's and federal, state and local
government checks will be available on the 1st business day after
the day of your deposit if they are made payable to you and deposited
in an account in your name. The excess over $5,000 will be available on
the 9th business day after the day of your deposit.
Funds from all other check deposits will be available on the 10th business
day after the day of your deposit.
Electronic
Fund Transfers Disclosure.
This
notice, which is required by Federal Law, describes your rights and
responsibilities as a consumer who uses Electronic Fund Transfer services.
Electronic
Fund Transfers include all preauthorized debit and credit transfers and telephone
transfers.
Types of Available Transfers:
Preauthorized debit transfers are available in connection with our
checking accounts and statement savings account.
Our preauthorized debit service allows you to authorize
companies or others whom you designate to automatically collect payments owed
to them by you from your account at Third Federal in the amounts and on the
days that you request.
Preauthorized credit transfers (direct deposits) are available through
our checking accounts, statement savings account, and passbook savings account.
Our preauthorized credit service allows
you to have recurring deposits, such as Social Security or payroll deposits,
credited directly to your account at Third Federal.
Telephone transfers are available through our checking accounts,
statement savings account, passbook savings account, and certificate of deposit account.
Our telephone banking service allows
you to direct us to withdraw funds from your account in accordance with the
terms and conditions contained in our Deposit Account Agreement.
Electronic banking transfers are available in connection with our
checking accounts and statement savings account in accordance with the Home
Banking Agreement.
Our Online Banking service allows
you to direct us to withdraw funds from your account in accordance with the
Home Banking Agreement.
We may accept electronic fund transfers that you originate, but for which we had not previously agreed to honor, such as accepting a truncated check or other electronic transfer which you authorized for the purpose of debiting your account.
Electronic Check Conversion. You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to: Pay for purchases and/or Pay bills.
Limitations on Transfers.
Certain limits exist on the number of transfers you can make from your account. The limitations are as follows:
- You may make unlimited transfers from your checking account or statement
savings account.
- You are limited to six (6) telephone transfers per calendar month from
your passbook savings account, or certificate of
deposit account.
Documentation of Transfers.
You will receive a monthly statement on your checking account or statement savings account if any transfers or other transactions were made to your account since your last
statement. Regardless if there are any transfers in your account, you will recieve a statement at least quarterly.
You will be mailed a receipt each time you use our telephone banking service.
If
you bring your passbook to one of our offices, we will record in it all
transactions made to your account since the last time your passbook was
updated.
If you have arranged to have direct deposits made to your account at least once every sixty (60) days from the same person or company, you can call us at 1-800-THIRD-FED
(1-800-844-7333) to find out whether or not the deposit has been made.
If you have arranged to have online banking services, you may review your account balances and a listing of your most recent transactions online through our Online Banking
website at www.thirdfederal.com.
Preauthorized Transfers.
Right to Stop Payment. If you have told us in advance to make regular
payments out of your account, you can stop any of these payments. To do
so, call us at 1-800-THIRD-FED (1-800-844-7333) or write us at:
Third Federal Deposit Operations, 7007 Broadway Avenue, Cleveland, Ohio,
44105.
We must receive your request 3 business days or more before the payment
is scheduled to be made. If you call, we may also require you to submit
your request in writing or electronically and get it to us within 14 days
after you call. We will charge you a fee for each stop payment order you
give. The fee is disclosed in the Fee Schedule and may be amended from
time to time. When receiving a stop payment order, we may require you
to agree to additional terms and conditions.
Our Obligation for Failure to Stop Payment. If you order us to stop one of these
payments 3 business days or more before the transfer is scheduled and we do
not do so, we will be liable for your losses or damages.
Varying Amounts. If these
regular payments may vary in amount, the person you are going to pay will tell
you, 10 days before each payment, when it will be made and how much it will be
unless you allow the person you are going to pay to tell you only when the
payment would differ by more than a certain amount from the previous payment or
when the amount would fall outside certain limits that you set.
Your Liability.
If your statement or receipt shows transfers that you did not make, tell us at once. Telephoning is the best way of keeping your possible losses down. If you do not tell us within 60 days after the statement or receipt was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from
taking the money if you had told us in time.
If a good reason (such
as a long trip or a hospital stay) kept you from telling us, we will extend the
time periods.
Notification of Unauthorized Transfer.
Call us at once if you believe someone has transferred or may transfer
money from your account without your permission or if any check, information from your check, passbook,
password, or personal identification number has been lost or stolen. The
number to call is 1-800-THIRD-FED (1-800-844-7333). You may also
write us at Third Federal Deposit Operations, 7007 Broadway Avenue, Cleveland,
Ohio, 44105, or tell us electronically via our Online Banking website at www.thirdfederal.com.
Our business
days are Monday through Thursday, 9 a.m. to 4 p.m.; Friday, 9 a.m. to 6 p.m.;
and Saturday, 9 a.m. to 1 p.m., excluding holidays. If you utilize Online Banking services, our facilities are
operational 24 hours a day, 7 days a week, except during short periods of
time for maintenance.
In Case of Errors or Questions About Your Electronic
Transfers.
Telephone us at 1-800-THIRD-FED
(1-800-844-7333), write us at: Third Federal Deposit Operations, 7007 Broadway
Avenue, Cleveland, Ohio, 44105, or, if you use Online Banking services,
submit an e-mail through our website at www.thirdfederal.com, as soon as you
can, if you think your statement, receipt, or passbook is wrong or if you need
more information about a transfer appearing on your statement, receipt or in
your passbook. We must hear from you no
later than 60 days after we sent you the FIRST statement or receipt, or within
60 days after the entry was posted to your account on which the problem or
error appeared.
- Tell us your name and account number.
- Describe the error or the transfer you are unsure about and explain as
clearly as you can why you believe it is an error or why you need more
information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may
require that you submit to us your complaint or question in writing within 10
business days.
We will tell
you the results of our investigation 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.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
If we decide that there
was no error, we will send you a written explanation within 3 business days
after we finish our investigation. You
may ask for copies of the documents that we used in our investigation.
Our Obligation for Failure to Make Transfers.
If we do not complete a
transfer to or from your account on time or in the correct amount according to
our agreement with you, we will be liable for your losses or damages. However, there are some exceptions.
We will not be liable, for instances:
- If, through no fault of ours, you do not have enough money in your
account to make the transfer.
- If circumstances beyond our control (such as fire, flood or system
failure) prevent the transfer or deposit despite reasonable precautions that we
have taken.
- There may be other exceptions stated in our agreement with you.
Service Charges for Electronic Fund Transfers.
These services are
provided to you at no charge, other than our fee for stop payment orders as described earlier. We will
notify you in advance in the event we do begin charging a fee for this service.
Disclosure of Account Information.
We will disclose
information to third parties about your account or the transfer you make:
- Where it is necessary for completing such transfers;
- In order to verify the existence and condition of your account for a
third party, such as a credit bureau or merchant;
- In order to comply with government agency or court orders;
- Where it is necessary for legal, collection, accounting or auditing
purposes;
- If you give us your written permission.
UYDA-2/08
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Disclosure of Terms and Conditions of Electronic
Fund Transfer Services and Debit Card Agreement.FFF
Debit Card Agreement.
The following terms and conditions are agreed to by you when we issue
you a debit card at your request. To the extent that any of the following
terms and conditions are void or unenforceable under applicable law, this
Debit Card Agreement ('Agreement') shall be treated as if such
term or condition did not exist and all of the other terms and conditions
shall continue in full force and effect.
All of the terms set forth in the Disclosure of Terms and Conditions
of Electronic Fund Transfer Services are hereby made part of this Agreement
and shall govern the use of your debit card.
Any account which may be accessed by use of your debit card may also
be governed by a separate set of rules and regulations which shall remain
in effect with respect to such account, unless inconsistent with the agreements
set forth in this Agreement in which case the terms and conditions set
forth herein shall control.
1. Use of Card.
You may use your card to carry out the transactions described in the
Disclosure under the heading, 'Types of Available Electronic Fund
Transfers.' We may agree with you in the future that other transactions
can be carried out using your card and, in such event, we will notify
you as to those transactions.
2. Use of Personal Identification Number (PIN).
You are responsible for keeping your PIN confidential. Do not write
your PIN on your debit card or disclose it to anyone you do not want
to have your PIN.
3. Charges for Use of Your Debit Card.
Our Fee Schedule and fees in this Agreement and Disclosure set forth all applicable charges which we can make in
connection with the use of your debit card. Please refer to our most recently
dated Fee Schedule. We reserve the right to change any fee at
any time and will give you notice if we do. We will notify you in writing
twenty-one (21) days in advance if the change would result in increased
fees or charges, fewer types of available fund transfers, or stricter
limitations on the frequency or dollar amounts of transfers. You agree
to pay all such charges which you have incurred and hereby authorize us
to charge your deposit account(s) with the aggregate outstanding amount
of such charges from time to time.
4. Joint Accounts.
In the event that your deposit account(s) is held jointly with another
person(s), each joint holder of the account shall be able to exercise
any and all rights hereunder individually and shall be jointly and severally
liable for the obligations incurred under this Agreement and will be
bound by this Agreement. Without limiting the foregoing, each person
named on the account may utilize any card issued in connection with
the account, may close the account, may authorize others to use any
card and/or Personal Identification Number (PIN) on his or her behalf,
and may agree to amend this Agreement and, in any such event, such action
shall be binding upon each other person who is bound by this Agreement.
5. Overdrawing Your Account.
You agree that you will not use your debit card to overdraw your account.
If an overdraft in your account does occur, you will pay the full amount
of the overdraft to us immediately upon request and the then current
fee for overdrafts.
6. Evidence of Transactions.
In the event that we institute legal action against you in connection
with this account, we may introduce into evidence a copy, microfilm,
or microfiche of any document evidencing a transaction under this Agreement
and such copy, microfilm or microfiche shall be deemed valid as the
original document.
7. Notices.
Any notice sent by us shall be effective when mailed to you at your
last address on our records. To the extent allowed by law, notices from
you to us must be in writing and shall be effective when received by
us.
8. Default.
In the event that you default in connection with any obligation owed
to us, you agree to reimburse us for all costs of collection, including
reasonable attorneys' fees.
9. Maintenance of Accounts.
As long as this Agreement is in effect, you agree to maintain at least
one checking account for which your card can be used. If you close all
of such accounts, this Agreement will terminate and you must return your
debit card to us immediately. We have the right to refuse a transaction
on your account when your debit card has been reported lost or stolen
or when we believe there is unusual activity on your account.
10. Ownership of Card.
The debit card that we issue to you will remain our property and you
may not transfer it to any other person. You agree to return the card
to us immediately upon demand or upon termination of this Agreement.
11. Authorization to Withdraw Funds from Your Account(s).
You hereby authorize us to withdraw funds from your account(s) to satisfy
any transaction which you have made utilizing your card. Such authorization
includes the right to charge your accounts for funds distributed to
you and for charges which you have incurred pursuant to this Agreement.
12. Amendments.
We may amend any term in this Agreement or the Disclosure by sending
you written notice of such amendment at least twenty-one (21) days prior to the effective
date of such amendment. To the extent permitted by law, we may amend
any term set forth in this Agreement or Disclosure immediately to maintain
or restore the security of your account.
13. Termination of This Agreement.
Terminating this Agreement will not affect your obligations under this
Agreement for transactions or transfers completed with your card and
personal identification number (PIN), even if those transactions or
transfers are completed after the termination date.
You may terminate your right to use your debit card by calling us at
our telephone number 1-800-THIRD-FED (1-800-844-7333) during our business
hours or writing to us at: Third Federal Electronic Banking, 7007 Broadway
Avenue, Cleveland, Ohio 44105. If you call, we may require you to put
your request in writing and get it to us within 10 business days after
you call. If you do this, you must also return all cards to us at once.
14. Refusal of Debit Card.
Except as provided in the Disclosure, neither we nor any other bank
or business will be liable to you for failure to honor your debit card.
15. Disputes.
Subject to the requirements of applicable law, you agree to settle all
disputes about purchases you made using your debit card with the merchant
who honored the card.
16. Foreign Transactions.
If you effect a transaction with your Debit MasterCard® in a currency
other than U.S. dollars, MasterCard International Incorporated will
convert the charge into a U.S. dollar amount. MasterCard International
will use its currency conversion procedure, which is disclosed to institutions
that issue MasterCard® cards. Currently the currency conversion
rate used by MasterCard International to determine the transaction amount
in U.S. dollars for such transactions is generally either a government
mandated rate or a wholesale rate determined by MasterCard International
for the processing cycle in which the transaction is processed, increased
by an adjustment factor established from time to time by MasterCard
International. The currency conversion rate used by MasterCard International
on the processing date may differ from the rate that would have been
used on the purchase date or cardholder statement posting date.
17. ATM Safety.
We are not responsible for your safety at any ATM that we do not operate.
18. Address and Telephone Number.
Write to us at:
Third Federal Electronic Banking
7007 Broadway Avenue
Cleveland, Ohio 44105
If you have any questions about your debit card, you may call us toll-free
at:
1-877-896-5657, or 1-800-THIRD-FED (1-800-844-7333).
Disclosure of Terms and Conditions of Electronic Fund Transfer Services.
The following disclosure of terms and conditions relating to your electronic
fund transfer (EFT) service with Third Federal is provided to you in accordance
with the requirements of Federal Law. You should read this notice carefully
to understand all of the terms and conditions which govern your electronic
fund transfer service.
Definition and Identification of Terminals Available to Third Federal
Debit Card Holders.
For purposes of this Disclosure of Terms, a 'terminal' includes
automated teller machines (ATM), Point-of-Banking (POB) and Point-of-Sale
(POS) terminals (special store terminals at which payment for purchases
may be made). An ATM terminal can be used without the assistance of another
person and the use of a personal identification number (PIN) is required
to complete a transaction. POB terminals are used with the assistance
of another person, and the use of a PIN is required.
There are two types of Point-of-Sale transactions. The first utilizes
special store terminals at which payment for purchases can be made (POS/PIN).
POS/PIN terminals are used with the assistance of a retail store clerk
or other operator and require the use of a PIN. The second type of Point-of-Sale
transaction (POS/non-PIN) does not require the use of a PIN. The POS/non-PIN
transaction is made by presenting your Third Federal Debit Card at the
time of purchase to merchants who have agreed to accept Debit MasterCard® purchase
transactions. A signature is required to authorize this type of transaction.
Located on or near each ATM terminal is a listing of the networks whose
cardholders may use the terminal. Sometimes symbols are used instead of
names. In most cases, a larger or more conspicuous sign or symbol will
identify the terminal owner or operator. You should refer to the network
symbols on the back of your card to determine whether it is usable at
a particular ATM.
Types of Available Electronic Fund Transfers.
Electronic Fund Transfers (EFTs) include all preauthorized debit and credit
transfers, telephone transfers, electronic banking transfers via the Online
Banking service and the Third Federal Debit Card.
- Preauthorized debit transfers are available in connection with our
checking accounts and statement savings account.
Our preauthorized debit service allows you to authorize companies
or others whom you designate to automatically collect payments owed
to them by you from your account at Third Federal in the amounts and
on the days that you request.
- Preauthorized credit transfers (direct deposits) are available to
our checking accounts, statement savings account, and passbook savings
account.
Our preauthorized credit service allows you to have recurring deposits,
such as Social Security or payroll deposits, credited directly to your
account at Third Federal.
- Telephone transfers are available through our checking accounts, statement
savings account, passbook savings account, and certificate of deposit
account.
Our telephone banking service allows you to direct us to withdraw
funds from your account in accordance with the terms and conditions
contained in the Telephone Banking Service section of our Deposit Account
Agreement.
- Electronic banking transfers are available in connection with our
checking accounts and statement savings account in accordance with
the Home Banking Agreement and Debit Card Agreement.
Our Online Banking service allows you to direct us to withdraw
funds from your account in accordance with the Home Banking Agreement.
Our Third Federal Debit Card allows you to obtain cash withdrawals
and purchase goods and services from merchants who have agreed to accept
your Debit Card as a means of payment.
- We may accept electronic fund transfers that you originate, but for which we had not previously agreed to honor, such as accepting a truncated check or other electronic transfer which you authorized for the purpose of debiting your account.
- Electronic Check Conversion. You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to: Pay for purchases and/or Pay bills.
Debit Card Services.
You may use your Debit Card and Personal Identification Number (PIN) to
access your accounts in the following manner:
Account Access.
ATM Transactions.
You may use your Debit Card and PIN to access your primary checking, secondary
checking and statement savings accounts to which your card relates.
Subject to the immediately preceding paragraph, you may use your Debit
Card and PIN to perform the following types of transactions:
- Withdraw cash from your designated checking or statement savings
accounts.
- Transfer funds between your designated checking and statement savings
accounts.
- Pay for purchases at places that have agreed to accept the card.
- Inquire about the balance in your designated checking and statement
savings accounts.
- Conduct other transactions as services and features are added to
the Debit Card.
Some of these services may not be available at all terminals.
Your ability to perform the transactions shown above depends on the
location and type of ATM you are using and the EFT network through which
the transaction is being performed. A specific ATM or EFT network may
not perform or permit all of the above transactions.
Transactions at ATMs may be subject to a surcharge assessed by the ATM
terminal owner. In addition, a specific ATM or EFT network may not provide
you with access to all of your designated accounts.
Point-of-Sale Transactions.
You may use your Debit Card to purchase goods and services from merchants
who have agreed to accept your Debit Card as a means of payment. Purchases
made with your Debit Card are referred to as 'Point-of-Sale transactions'
(POS) and will be charged against your primary checking account.
The Third Federal Debit Card can be used for Point-of-Sale transactions
everywhere Debit MasterCard® is accepted.
Daily Dollar Limits.
- The Third Federal Debit Card can be used to withdraw cash daily from
an ATM up to an aggregate maximum of $300 or the available balance of
your account, whichever is less, except as otherwise indicated below.
The amount is further limited to no more than $100 when our computer
system is offline. Where more than one card has been issued, the Daily
Dollar Limit is determined on a per card basis.
- The Third Federal Debit Card can be used to make purchases at Point-of-Sale
(POS/PIN) merchants up to a daily maximum aggregate of $500 or the available
balance of your primary checking account, whichever is less, except
as otherwise indicated. The amount is further limited to no more than
$200 when our computer system is offline. Where more than one card has
been issued, the Daily Dollar Limit is determined on a per card basis.
- The Third Federal Debit Card can be used to make purchases at Point-of-Sale
(POS/non-PIN) merchants up to a daily maximum aggregate of $2,500 or
the available balance of your primary checking account, whichever is
less, except as otherwise indicated. The amount is further limited to
no more than $200 when our computer system is offline. Where more than one card has been issued, the Daily Dollar Limit is determined on a per card basis.
- If you request funds at an ATM, or conduct a Point-of-Sale (POS) transaction
or make a Debit MasterCard® purchase that exceeds your available account balance,
we may, at our sole discretion, authorize the transaction and you agree
to pay the amount of the overdraft plus any overdraft fees as set shown
in the Bank's then current Fee Schedule.
Limits on Frequency of Use of Debit Card.
Subject to the limits set forth in the following section, you are limited to no more than ten (10) cash withdrawals and POS/PIN transactions per day in the aggregate using your Third Federal Debit Card. Where more than one card has been issued, the daily transaction limit is determined on a per card basis.
Additional Limitations on Transfers.
Certain other limits exist on the number of transfers you can make from
your account. The other limitations are as follows:
- You may make unlimited transfers from your checking account or statement
savings account.
- You are limited to six (6) telephone transfers per calendar month
from your passbook savings account or certificate of deposit account.
Service Charges (Fees) for Debit Card Transactions, ATM Transactions, and Electronic Fund Transfers.
ATM Service Charge Fee.
We will charge you $1.50 for each ATM withdrawal after the 3rd ATM withdrawal you make during each statement cycle at an ATM terminal for each account. There is no charge by us for transfers made between your checking and statement savings accounts at an ATM terminal. There is no charge by us for balance inquiries on your checking and statement savings accounts made at an ATM terminal. Terminal operators or a network processing your EFT may charge you a surcharge directly in connection with your transaction.
Foreign Transaction Fee.
MasterCard® imposes fees if you use your card in a foreign country, including transactions you initiate in the U.S. with an entity located in a foreign country. The fee is a cross-border assessment and currency conversion fee. On foreign transactions in the foreign currency, the fee is 1% of the transaction amount. On foreign transactions in U.S. Dollars, the fee is 0.8 of 1% of the transaction amount. Transactions include without limitations cash advances, ATM withdrawals and purchases of goods or services. Third Federal collects this fee for and forwards it to MasterCard. Third Federal does not retain any portion of this fee for Third Federal's benefit. Note:This fee is not applicable to Third Federal customers using a ELOC EquityCard™ (credit card).
Possible Fees By Third Parties.
A fee may be imposed (a) by an automated teller machine (ATM) operator
if you initiate a balance inquiry or transfer from an automated teller
machine (ATM) that is not operated by the institution issuing the card
or other means of access and (b) by any national, regional, or local network
utilized to effect the transaction.
Preauthorized Transfer Fees.
These services are provided to you at no charge. We will notify you in
advance, in the event we do begin charging a fee for this service.
Documentation of Transfers or Notice of Transactions.
Periodic Statements.
You will receive a monthly statement on your checking account or statement
savings account if any transfers or other transactions were made to your
account since your last statement.
Telephone Banking.
You will be mailed a receipt each time you use our telephone banking service.
Passbook Accounts.
If you bring your passbook to one of our offices, we will record in it
all transactions made to your account since the last time your passbook
was updated.
Preauthorized Transfers.
If you have arranged to have direct deposits (preauthorized credit
transfers) made to your account at least once every sixty (60) days from
the same person or company, you can call us at 1-800-THIRD-FED (1-800-844-7333)
to find out whether or not the deposit has been made.
Home Banking.
If you have arranged to have home banking services, you may review your
account balances and a listing of your most recent transactions online
through our Online Banking website at www.thirdfederal.com.
ATM Terminals.
You are entitled to a receipt at ATMs and at Point-of-Sale terminals that
accept your Debit Card each time you make a transaction. The receipt will
indicate the location of the ATM or Point-of-Sale terminal (by code in
some cases), the transaction date and type, the amount, and your Debit
Card account number (truncated in some cases).
Documentation as Evidence.
Any documentation provided to you which indicates that an electronic fund
transfer was made shall be admissible as evidence of such transfer and
shall constitute prima-facie proof that such transfer was made.
Preauthorized Transfers.
Right to Stop Payment.
You may NOT stop payment on any transaction made with your Debit Card.
If you have told us in advance to make regular payments (preauthorized
debits) out of your account, you can stop any of these payments. To do
so, call us at 1-800-THIRD-FED (1-800-844-7333) or write us at: Third
Federal Deposit Operations, 7007 Broadway Avenue, Cleveland, Ohio 44105.
We must receive your request three (3) business days or more before the
payment is scheduled to be made. If you call, we may also require you
to submit your request in writing and get it to us within
14 days after you call. We will charge you a fee for each stop payment
order you give. The fee is disclosed in the Fee Schedule and may be amended
from time to time. When receiving a stop payment order, we may require
you to agree to additional terms and conditions.
Our Obligation for Failure to Stop Payment.
If you order us to stop one of these payments three (3) business days
or more before the transfer is scheduled, and we do not do so, we will
be liable for your losses or damages.
Varying Amounts.
If these regular payments may vary in amount, the person you are going
to pay will tell you, ten (10) days before each payment, when it will
be made and how much it will be unless you allow the person you are going
to pay to tell you only when the payment would differ by more than a certain
amount from the previous payment or when the amount would fall outside
certain limits that you set.
Your Liability.
Preauthorized Transfers.
If your statement or receipt shows transfers that you did not make,
tell us at once. If you do not tell us within sixty (60) days after
the statement or receipt was mailed to you, you may not get back any
money you lost after the sixty (60) days if we can prove that we could
have stopped someone from taking the money if you had told us in time.
Debit Card ATM or Point-of-Sale Transactions.
Contact in Event of Possible Unauthorized Transfer or Loss or Theft
of Your Card.
If you believe your card or PIN has been lost or stolen or that someone
has transferred or may transfer money from your account without your permission,
call us toll-free at 1-877-896-5657 or 1-800-THIRD-FED (1-800-844-7333)
or write us at Third Federal Electronic Banking,
7007 Broadway Avenue, Cleveland, Ohio 44105. Call us anytime day or night to report a lost or stolen debit card. You will not be liable for
any unauthorized use of your card, except as provided in the next paragraph.
Your role is extremely important in the prevention of any wrongful use
of your account. Telephoning is the best way of keeping your possible losses down. You must promptly examine your account statement upon
receipt. Also, if your statement shows transfers that you did not make,
tell us at once. If you do not tell us within 60 days after the FIRST
statement showing such a transfer was mailed to you, you may not get
back any money you lost after the 60 days, if we can prove that we could
have stopped someone from taking the money if you had told us in time.
If you find that your records and ours disagree you must call Customer
Service at 1-800-THIRD-FED (1-800-844-7333) immediately.
If a good reason (such as a long trip or a hospital stay) kept you from
telling us, we will extend the time periods.
Notification of Unauthorized Transfer.
Call us at once if you believe someone has transferred or may transfer
money from your account without your permission or if any check, information from your check, debit
card, passbook, password, or Personal Identification Number has been lost
or stolen. Call us at once if you believe your Debit Card and/or
Personal Identification Number (PIN) has been lost or stolen or if money
is missing from your account. The number to call is 1-800-THIRD-FED (1-800-844-7333).
Call us anytime day or night to report a lost or stolen debit card. You may also write us at Third Federal Electronic Banking, 7007 Broadway
Avenue, Cleveland, Ohio, 44105 or tell us electronically via our Online Banking
website at www.thirdfederal.com.
Our business days are Monday through Thursday, 9 a.m. to 4 p.m.;
Friday, 9 a.m. to 6 p.m.; and Saturday, 9 a.m. to 1 p.m., excluding holidays.
If you utilize Online Banking services, our facilities are operational
24 hours a day, 7 days a week, except during short periods of time
for maintenance.
In Case of Errors or Questions About Your Electronic Transfers.
Telephone us at: 1-800-THIRD-FED (1-800-844-7333), write us at: Third
Federal Electronic Banking, 7007 Broadway Avenue, Cleveland, Ohio, 44105,
or, if you use Online Banking services, submit an e-mail through
our website at www.thirdfederal.com, as soon as you can, if you think
your statement, receipt, or passbook is wrong or if you need more information
about a transfer appearing on your statement, receipt or in your passbook.
We must hear from you no later than 60 days after we sent you the FIRST
statement or receipt, or within 60 days after the entry was posted to
your account on which the problem or error appeared, whichever is later.
- Tell us your name and account number.
- Describe the error or the transfer you are unsure about, and explain
as clearly as you can why you believe it is an error or why you need
more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you submit to 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.
We will tell you the results within three (3) business days after completing
our investigation. If we decide that there was no error, we will send
you a written explanation. You may ask for copies of the documents that
we used in our investigation.
*NOTE: If the notice of error involves an EFT that occurred
within 30 days after the first deposit to the account was made, we may
extend the 10 business day time period to 20 business days. If the notice
of error involves an EFT that was conducted outside of the United States,
resulted from a POS transaction, or occurred within 30 days after the
first deposit to the account was made, we may extend the 45 day time
period to 90 days.
Our Obligation for Failure to Make Transfers.
If we do not complete a transfer to or from your account on time or
in the correct amount according to our agreement with you, we will be
liable for your losses or damages. However, there are some exceptions.
We will not be liable, for instance:
- If, through no fault of ours, you do not have enough money in your
account to make the transfer.
- The ATM where you are conducting your cash withdrawal does not have
enough cash.
- The terminal or system was not working properly and you knew about
the breakdown when you started the transaction.
- If circumstances beyond our control (such as fire, flood or system
failure) prevent the transfer or deposit despite reasonable precautions
that we have taken.
- If the transfer would go over the credit limit on your overdraft
line.
- In the case of preauthorized credits (direct deposits), the data
from the third party is not received, is incomplete or erroneous, or
if the recipient is deceased.
- If the funds are subject to legal process or other encumbrances restricting
such transfers.
- There may be other exceptions stated in our agreement with you.
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