Online Agreement
1. Middlesex Savings Bank Online Banking Agreement
This Agreement governs the use of your Middlesex Savings Bank (the "Bank") Online Banking Service (the "Service"), which allows you to access the following online services: banking, Bill Payment and Presentment, and other banking services offered through the Service. You must have a Middlesex Savings Bank account open and in good standing to use the Service. Each person or entity that enrolls for the Service and any person authorized to use the Service agrees to the terms and conditions of this Agreement. Each person that enrolls for the Service or that is authorized to use the Service will be assigned a User ID and password. Please read this Agreement carefully, and retain a copy for your records. You may print this Agreement or download the Agreement to your computer. You may also request a copy of this Agreement and other agreements governing your accounts and services with Middlesex Savings Bank by calling us toll free at 1-877-INFO-CTR (1-877-463-6287). The terms, conditions, and disclosures for each of your Middlesex Savings Bank accounts and loans continue to apply, notwithstanding anything to the contrary in this Agreement.
This Agreement is governed by the laws of the Commonwealth of Massachusetts and applicable federal law. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable; additionally, all remaining provisions shall remain in full force and effect. The headings used throughout this Agreement are for convenience only and shall not govern the interpretation of the provisions. In the event of a dispute regarding the Service, you agree that it will be resolved by looking to the terms and conditions contained herein and, except for business customers, in the "Initial Disclosure of Terms and Conditions of Electronic Funds Transfer Services" provided to you.
2. Definitions
As used in this Agreement, the words "you" and "your" refer to the person(s) or entity(ies) subscribing to or authorized to use the Service. The words "we," "us," and "our" refer to Middlesex Savings Bank. The term "business day" means Monday though Friday, and excludes Saturday, Sunday, and all banking holidays. The word "account" refers to all of your deposit and credit accounts to which you requested and obtained online access at Middlesex Savings Bank.
3. Warranty Disclaimer
The software related to the Service is provided "as is" without warranty of any kind. The entire risk as to results and performance of the software related to the Service is assumed by you. We do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of, the software related to the Service in terms of correctness, accuracy, reliability, or otherwise.
Neither we nor our suppliers make any representations or warranties of any kind regarding use of the software related to the Service, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, unless disclaiming such warranties is prohibited by law.
4. Limitation of Liability
We will not be liable for failure to provide access or for interruptions in access to the Service due to a system failure, other unforeseen acts or circumstances or a malfunction of your computer equipment or any system you use, including your browser, Internet service provider or other software you use. Under no circumstances and under no legal theory, tort, contract, or otherwise, shall we or our suppliers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character, including, without limitation, damages for loss of goodwill, loss of use, data, profits, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. We are also not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy your program, files, and hardware.
5. Middlesex Savings Bank’s Right to Terminate
Middlesex Savings Bank reserves the right to terminate this Agreement and your access to the Service, in whole or in part, at any time.
6. Your Right to Terminate
You may cancel your Service at any time by providing us with written notice by postal mail, e-mail, or fax, in accordance with the instructions set forth in Section 25 below. If you have designated a joint account as one of the accounts you may access with your Service and you notify us that you wish to terminate your Service, only your Service, your User ID and password will be suspended. Other joint accountholders must notify us to suspend their own Service, User ID and password.
Your access to the Service will be suspended within 3 business days of our receipt of your instructions to cancel the Service. You will remain responsible for all outstanding fees and charges incurred in connection with the Service.
You may request that we no longer provide you with access to the Bill Payment and Presentment feature by providing us notice in the manner required under the section of the CheckFree Terms and Conditions (as hereinafter defined) entitled "Termination or Discontinuance".
7. Authorization to Obtain Information
You agree that we may, from time to time, obtain and review your credit report from authorized credit bureaus.
8. Changes in Terms
At any time, we may change the terms of this Agreement. We will notify you of changes in the manner required by applicable law.
If advance notice of the change is not required, and disclosure of said change does not jeopardize the security of an account or of the Service, we will notify you of said change within 30 days of the change becoming effective.
If advance notice of the change is not required, and disclosure of said change does not jeopardize the security of an account or of the Service, we will notify you of said change within 30 days of the change becoming effective.
To the extent permitted by applicable law, if you have previously agreed to receive notices and disclosures electronically, we will forward such notices to you by e-mail or post such notices on our website and alert you by e-mail of the posting of such notice.
Your use of any or all features of the Service after the effective date of the notice indicates your acceptance of the change in terms.
9. Requirements for Use
To use the Service, you must have at least one Middlesex Savings Bank account, access to Internet service, recommended Internet browser software, and an e-mail address.
10. What to Do In Case of Errors or Questions about Your Electronic Transfers, Including Bill Pay
Refer to the "Disclosure of Terms and Conditions of Electronic Funds Transfer Services" previously provided to you and also available on our website.
11. Your Liability for Unauthorized Transfers
You should notify us immediately if you believe your password has been lost or stolen or if you believe there have been any unauthorized transactions on any of your accounts. To notify us, call 1-877-INFO CTR (1-877-463-6287), Monday through Friday, between 8:00 a.m. and 4:30 p.m. Eastern Time, or send us notice by e-mail, fax, or mail as described in Section 25 below.
For a discussion of your liability for unauthorized transactions, refer to the "Initial Disclosure of Terms and Conditions of Electronic Funds Transfer Services" previously provided to you and also available on our website.
12. Our Liability for Failure to Make a Transfer
Refer to the "Disclosure of Terms and Conditions of Electronic Funds Transfer Services" previously provided to you.
13. Password
Upon successful enrollment in the Service, you will be provided with a password that will grant you access to the Service. You will be asked to change this password the first time that you access the Service. You are solely responsible for ensuring the confidentiality of your password. We recommend that your password be comprised of both letters and numbers, and that it not be easily associated with any personal information, such as your address, date of birth, or anniversary. Your password should be memorized, and never written down. We also recommend that you change your password regularly.
If you are a business customer, you agree that use of a password is a commercially reasonable method of providing security against unauthorized electronic transactions. It is the responsibility of your business to protect the confidentiality of your password. Whether your business has requested a single password or multiple passwords, it is your business's responsibility to require that these passwords be kept confidential and be used only by authorized persons.
You agree that we are authorized to act on any and all instructions received under your password. We are not responsible for unauthorized use of your passwords.
Should you enter your password incorrectly on three (3) consecutive attempts, you will be blocked from accessing the Service. For your additional protection, LOGIN ID's will now be locked after 60 days of inactivity. If you do not log in to your account within 60 days your LOGIN ID will be deleted. If this should happen, please call us toll-free at 1-877-INFO CTR (1-877-463-6287).
14. Hours of Access
You may access your accounts through the Service seven (7) days a week, 24 hours a day. However, at certain times, some or all features of the Service may not be available due to system maintenance. We will post notice of any extended periods of non-availability on our website.
15. Fees and Charges
By using the Service, you agree to pay the associated fees and charges, as set forth in the most current "Accounts & Fees" (for non-business customers) and/or "Business Services Fee Schedule" (for business customers) brochure. Applicable fees, as disclosed in the most current "Accounts & Fees" and/or "Business Services Fee Schedule" brochure will be charged to your payment account. If the payment account has insufficient funds to cover fees, the Bank may deduct the fees from any other account linked to the Service. If the fee cannot be paid, we may cancel the Bill Payment and Presentment Service.
16. Accessible Accounts
The Service may be used to connect to the following types of accounts:
Checking accounts
Money Fund accounts
Savings accounts
Certificates of Deposit
Overdraft Lines of Credit
Consumer loans
Mortgage and Home Equity loans
Commercial loans
If any designated account is a joint account, then all account owners must sign the Enrollment Form to subscribe to the Service.
17. Permissible Transactions
In most cases, you may use the Service to access deposit accounts in which you have an unrestricted right to withdraw funds, and credit accounts from which you have an unrestricted right to borrow money. When you use the service to transfer funds from your credit account, you agree that the Bank may take any action required to obtain cash advances on your behalf without obtaining your signature. Middlesex Savings Bank reserves the right to, in its sole discretion, deny Middlesex Savings Bank account transactions.
You may use the Service to complete the following:
Change your address
Review transaction and balance histories
Export/import data
View check images
Transfer money between accounts
Make regular payments to your Middlesex Savings Bank line or loan
Request stop payments
Pay bills to merchants, institutions, or individuals having U.S. addresses other than tax payments or court ordered payments
Contact us via e-mail
Reorder checks (from Clarke American)
In addition to the above, business account owners may:
Originate ACH payments
Schedule wire transfers
Order currency
Middlesex Savings Bank may, from time to time, introduce new features to the Service. We may, but are not required to, notify you of the existence and availability of such new features. By using these features when they become available, you agree to be bound by the terms of the Agreement governing such features.
18. Transaction Limits
The number and dollar amount of transfers to and from your accounts using the Service are limited pursuant to the terms of applicable account disclosures as included in the Combined Disclosures. If a hold is placed upon any portion of deposits made to an account from which you wish to transfer funds, you may not transfer the portion held until the hold expires.
For Statement Savings accounts and Money Fund Plus Accounts you will be permitted to make no more than six (6) preauthorized transfers from your account to third parties each month; and, no more than three (3) of such transfers may be made by draft or similar order made by you and payable to a third party. For purposes of this limitation, transfers made using the Service are counted against the permissible number of transfers, as are other transfer methods described in the Combined Disclosures.
19. Posting of Transactions
Middlesex Savings Bank will make reasonable efforts to see that the transactions initiated between Middlesex Savings Bank accounts through the Service prior to 9:00 p.m. (Eastern Time) on a business day are posted to your account on that day. Transactions completed after 9:00 p.m. on a business day or completed on a non-business day will be posted to your account the following business day.
Middlesex Savings Bank will make reasonable efforts to see that the Cash Manager transactions (Bill Payment and Presentment excluded) initiated by business customers prior to 3:00 p.m. (Eastern Time) on a business day are processed on that day. Transactions completed after 3:00 p.m. on a business day or completed on a non-business day will be processed the following business day.
20. Stop-Payment Requests
You may initiate stop-payment requests online using the Service or by calling us at 1-877-INFO-CTR (1-877-463-6287). Such stop-payments may only be initiated for paper checks you have written on your accounts (not bill pay payments or electronic payments). See the CheckFreeR Terms and Conditions for how to cancel or stop an on-line Bill Payment.
Online stop-payment requests are processed from 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding holidays. On-line requests received after 4:30 p.m. on a business day or on a non-business day will be processed on the following business day.
To be effective, your stop-payment request must provide the name of the payee, the check number, the amount of the check, and the date of the check.
If you make a stop-payment request using either the on-line or telephone option, we will also require you to put your request in the form of a paper writing. This written request must be forwarded to us within 14 days of the date of your on-line or telephone request. You will incur stop-payment charges as disclosed in the most current version of the "Accounts & Fees" (for non-business customers) and/or "Business Services Fee Schedule" (for business customers) brochure.
21. Confidentiality
You understand and agree that we may disclose information about your accounts and transfers to others. The circumstances under which we may disclose such information are described in our "Privacy Statement" and our "Initial Disclosure of Terms and Conditions of Electronic Fund Transfer Services". Periodic Statements
All of the payments and transfers made through the Service will appear on your monthly account statement(s).
22. Periodic Statements
All of the payments and transfers made through the Service will appear on your monthly account statement(s).
23. Bill Payment and Presentment Feature
Online Bill Payment and Presentment is provided to you for your convenience through the Bill Pay feature. The actual payment of such bills is handled by an independent third party, CheckFree Corporation ("CheckFree"). CheckFree has its own Terms and Conditions (the "CheckFree Terms and Conditions") which you will be required to accept as a condition for using the Bill Payment and Presentment feature. To the extent that the CheckFree Terms and Conditions are inconsistent with this Agreement, this Agreement shall govern the respective rights and obligations of us and you. Except as is otherwise provided by this Agreement or by applicable law, we cannot and will not guaranty, or have any responsibility whatsoever for the completion or accuracy of transactions performed through the Bill Payment and Presentment feature, including electronic fund transfers that you request be performed by CheckFree.
24. Business Customers
Sections 10, 11, and 12 do not apply if you are a business customer. We have no liability to business customers for the failure to process transactions for any reason.
If you are a business customer and you have reason to believe that your password or any other security code has been lost or stolen, or that an unauthorized person has used or attempted to use the Service without your permission, you must notify us within 24 hours. As a business customer, you are fully responsible for any on-line transactions (including, without limitation, any advances under the overdraft protection feature of your account, if any). You agree to reimburse us immediately for any loss, claim or damage which we sustain as a result of either authorized or unauthorized use of the Service. We shall have no liability for any loss, claim or damage which you sustain as a result of the use of the Service. This is true even if the use of the Service is unauthorized and even if you notified us of the unauthorized use within 24 hours. Once we have been notified of a loss, theft or unauthorized use of a password and we have had a reasonable opportunity to act on that notice, however, you will not be responsible for further transactions initiated with that password unless we can prove that you could have avoided the unauthorized access.
Other existing agreements and contracts you may have with us cover certain features and functionality available through the Service. For example, the terms and conditions of any "Corporate Wire Transfer Agreement" and "Corporate Automated Clearing House Agreement" remain in-force and prevail in instances where those agreements and this Agreement conflict.
You agree that the security procedures we have established for the use of the Service are commercially reasonable.
25. Notices/Address Changes
If you send us an e-mail message, we will be deemed to have received it on the following business day. We will then have a reasonable time to act on your e-mail. E-mail transmissions may not be secure. Thus, we request that you do not send us or ask for sensitive information such as account numbers, passwords, account information, etc. via e-mail.
We may rely upon your address, including, without limitation, your e-mail address as it appears on our records for any and all communications we send you.
Notifications should be forwarded to the following, as applicable:
Middlesex Savings Bank
PO Box 5210
Westborough, MA 01581-5210
