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In celebration of the holiday, our branches and Customer Information Center will close at 3 P.M. on Wednesday, November 22.  We will also be closed for the Thanksgiving Day holiday on November 23.  The bank will be open normal business hours on Friday, November 24.  Click here for additional information.

From all of us at Middlesex Savings Bank, we wish you a very Happy Thanksgiving.

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MIDDLESEX SAVINGS BANK MOBILE TEXT BANKING AGREEMENT (printable version)

 

1. Mobile Text Banking

This Agreement sets forth terms and conditions for use of Mobile Text Banking (the “Service”). A communication sent through Mobile Text Banking contains no personal information (such as your full account number, PIN or email address). Most cellular phones (the “Mobile Device”) with a text messaging plan are supported, but many prepaid, VoIP and international numbers may not be supported. Middlesex Savings Bank does not charge for Mobile Text Banking. However, your mobile service provider may charge for sending and receiving text messages on your mobile phone. Check with your service provider for details on specific fees and charges that may apply. You must have a Middlesex Savings Bank deposit, line of credit or loan 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.

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 obtain a copy on our website or 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.

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, line of credit and loan accounts to which you requested and obtained text access at Middlesex Savings Bank, including but not limited to checking accounts, money fund accounts, savings accounts, certificates of deposit, overdraft lines of credit, consumer loans, mortgage and home equity loans and commercial loans and lines of credit.

3. Accepting this Agreement

By sending the text "Yes" when you enroll and use Mobile Text Banking, you agree to the terms and conditions of this Agreement. You agree to accept responsibility for learning how to use Mobile Text Banking in accordance with the instructions mailed to you which are available on our website and agree that you will contact us directly if you have any issues or concerns. We may modify the Mobile Text Banking service from time to time in our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use Mobile Text Banking as modified. You also accept responsibility for making sure that you know how to properly use your Mobile Device and we will not be liable to you for any losses caused by your failure to properly use Mobile Text Banking or your Mobile Device. Any deposit account, loan or other banking product accessed through Mobile Text Banking is also subject to the Account Agreements/Terms and Conditions and Combined Disclosures provided at time of account opening and all terms and conditions of the applicable line of credit or loan agreements and related mortgage and/or security agreements. Please refer to those agreements and disclosures for any transaction limitations and fees which might apply to your use of Mobile Text Banking.

4. Description of Services

Mobile Text Banking is a service that allows you to access account information using compatible and supported wireless devices. You agree and understand that Mobile Text Banking may not be accessible or may have limited utility over some mobile networks. We make no representations that Mobile Text Banking will be available for use in locations outside of the United States. Mobile Text Banking may allow you 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; transfer funds between your linked deposit accounts, as well as transfers to loans, lines of credit and mortgage accounts for payments; view account balances and account history; and other banking services that may be offered, from time to time, through Mobile Text Banking.

5. Responsibilities and Security of the Mobile Device

You represent that you are the legal owner of the Accounts and other financial information which may be accessed using Mobile Text Banking or are authorized by the legal owner to access such information. You represent and agree that all information you provide to us in connection with Mobile Text Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Text Banking. You represent that you are an authorized user of the Mobile Device you will use to send and receive text messages.

You have the sole responsibility for maintaining the safety, security and integrity of the Mobile Device you will use to send and receive text messages. You shall bear the entire risk for any use thereof, whether or not you have authorized such use and whether or not you are negligent. If you permit other persons to use the Mobile Device, you will be held responsible for any transactions they authorize and we will not be liable for any damages resulting to you. You agree not to use Mobile Text Banking or the content or information delivered through Mobile Text Banking in any way that would be considered illegal.

You (on behalf of yourself, your estate, your heirs and all persons who may claim through you including but not limited to your predecessors, successors and affiliates and its or their trustees, directors, officers, employees, agents and representatives) hereby agree to indemnify, defend and hold the Bank, its affiliates, and its and their trustees, directors, officers and employees harmless from all costs and liabilities (including reasonable attorneys fees and costs) we may suffer or incur as a result of your enrollment into Mobile Text Banking or registration of the Mobile Device, arising from any claim to funds transferred out of the Account to which you have access including but not limited to claims of government agencies for the return of funds, or liability to other third parties claiming rights to the funds, or any claim made against the Bank arising from any products and services provided by us to any person under authority of the Mobile Device.

6. Relationship to Other Agreements and Fees

You agree that you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Text Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for uses of or interaction with Mobile Text Banking), and you agree to be solely responsible for all such fees, limitations, and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us.

7. 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 Mobile Device. You agree that the Bank will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service; any errors in such information; any action you may or may not take in reliance on the information or Service; or any disclosure of account information to third parties resulting from your use of the service. 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, loss of data, lose of profits, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. The Bank will not assume responsibility with respect to your use of the Services. Electronic transmission of confidential and sensitive personal or business information is at your own risk.

8. 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. 

9. Your Right to Terminate

You may cancel your Service at any time by providing us with written notice by postal mail to Information Center, Middlesex Savings Bank, P.O. Box 5210, Westborough, MA 01581-5210 or by texting STOP to 469228. You should notify us immediately if there have been any changes to the Mobile Device by calling us at 1-877-INFO-CTR (1-877-463-6287).

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.

10. Requirements for Use

To use the Service, you must have at least one Middlesex Savings Bank deposit, line of credit or loan account and access to a Mobile Device.

11. What to Do In Case of Errors or Questions about Your Text Transfers

Consumers, 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. Your Liability for Unauthorized Transfers

You should notify us immediately if you believe the Mobile Device 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 7:00 a.m. and 9:00 p.m. and 8:30 a.m. and 3:30 p.m. on Saturday, visit a branch or send us notice by mail.

For a discussion of your liability for unauthorized transactions on a consumer account, refer to the "Initial Disclosure of Terms and Conditions of Electronic Funds Transfer Services" previously provided to you and also available on our website. You are solely responsible for the amount of funds transfer or other service made using our Service, even if you did not authorize the transactions. You agree to indemnify us and hold us harmless from and against any and all losses, liabilities, claims, damages or expenses (including attorneys’ fees and court costs and expenses) arising from or related to the access or use of the Service.

13. Our Liability for Failure to Make a Transfer

Refer to the "Initial Disclosure of Terms and Conditions of Electronic Funds Transfer Services" previously provided to you and also available on our website.

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. Permissible Transactions

When you use the Service to transfer funds from your line of credit account, you agree that the Bank may take any action required to obtain advances on your behalf without obtaining your signature. Middlesex Savings Bank reserves the right, in its sole discretion, to deny any account transactions made using the Service.

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.

16. 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 Consumer Statement Savings accounts and Consumer and Business Money Fund accounts, these accounts are limited to no more than six (6) transfers per calendar month to another account with us or to a third party via preauthorized or automatic transfer, telephonic agreement, or order of instruction. Please note transfers made using the Online Banking Service, Mobile Banking Service, Mobile Text Banking Service and telephone banking are counted against the permissible number of transfers, as are other transfer methods described in the Combined Disclosures.

17. Posting of Transactions

Most transactions post immediately and will be reflected in your balances and activity.

18. Confidentiality

You understand and agree that we may disclose information about your accounts and transfers to others. The limitations 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".

19. Periodic Statements

In addition to real time viewing of account activity through the Service, all of the payments and transfers made through the Service will appear on your monthly account statement(s). It is your responsibility to review your statements in a timely manner and communicate any concerns you have about transactions, fees or other matters to the Bank.