TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE
- 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 or Internet services 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 Online or Mobile 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.
- New Services
We may, from time to time, provide new or additional Online or Mobile Banking services, and all such services shall be subject to the terms of this Agreement. By using such services when they become available, you agree to be bound by any and all terms, conditions and rules we communicate to you concerning such services. In the event of any modifications to the existing or new services, you are responsible for making sure you understand how to use Online or Mobile Banking as modified. Furthermore, we reserve the right to change or discontinue Online or Mobile Banking at any time.
- Consent to Electronic Communications and Disclosures; FAQs
By accepting the terms of this Agreement, you also consent that we may, at our option, provide or make communications and disclosures available to you in electronic form. You agree that when you use Online or Mobile Banking, we may provide account and transaction information and certain other disclosures to you electronically. Providing such disclosures to you "electronically" means transmitting them by e-mail. You have the right to withdraw your consent. Your consent is effective until you withdraw it.
The following FAQs (frequently asked questions) provide further information, terms and conditions about electronic communications and disclosures:
In what form can you receive disclosures relating to our banking services?
You may receive disclosures about Online or Mobile Banking, your account(s) and our other banking services electronically when you sign up for our Online or Mobile Banking service by accepting this Agreement. You are also entitled to receive each of these disclosures on paper or in other non- electronic form if you so request.
- If you consent to accept disclosures electronically, what banking services are covered?
If you consent to accept disclosures electronically, we may use electronic means to provide you any or all disclosures relating to any banking products or services you obtain from us now or in the future. Your consent will not be limited to the Online or Mobile Banking service or any deposit accounts or other Bank products or services you use when you give us your consent. We are not obligated to give you all disclosures and records in electronic form. From time to time, we may provide certain disclosures or records to you on paper or in another no electronic form, but even if we do, we may later provide them electronically.
- May you request paper copies of disclosures we previously gave you electronically?
You may request paper copies of disclosures we previously gave to you electronically. We may charge you a fee for researching, copying and sending you any such records. These fees may change from time to time. You may request our current fees when you ask for the paper copies.
- What are the hardware and software requirements for access to and retention of electronic disclosures?
You must have a personal computer or other electronic communications device that is capable of accessing our Online Banking website and receiving e-mails. This requires a system that includes a secure Internet browser and e-mail software. In addition, a telephone or other modem or other device for connecting to an Internet service provider is required. You must also have an agreement with an Internet service provider to handle Internet communications for you. The hardware and software requirements are more fully set forth in the Section 3A of this Agreement entitled "Requirements."
In order to retain a permanent copy of any disclosures or other records we give you electronically, your computer or other access device will need enough data storage capacity to keep the electronic file without interfering with your use of the device. In addition, if you want to print a paper copy, you will need a printer or access to a printer that is compatible with your computer or other access device.
- Your Online or Mobile Password
When we have received your acceptance of this Agreement, you will be prompted to create a mobile password for Online and Mobile Banking. You may change your password by following the applicable online instructions. For security purposes, we recommend that you memorize your password and do not write it down. You are solely responsible for keeping your password, account numbers and other account data confidential. We recommend that you change your password regularly in order to reduce the risks of unauthorized access by others who might discover your password.
If you believe that your password may have been lost or stolen, you must notify MFSB customer service at once by calling: 610-644-9400.
- Protecting Your Account
In addition to protecting your account information and password, you acknowledge that you are responsible for taking precautions to protect your personal identification information, including but not limited to your driver's license, Social Security Number or Taxpayer Identification Number, and any other information that by itself or together with information on your account(s) may allow unauthorized access to your account(s). It is your responsibility to protect all such personal information with the same level of care that you protect your account information. You acknowledge that you should only reveal your account number to a legitimate person or entity for a purpose you authorize (such as your insurance company for automatic payments).
- Waiver of Requirement for Two or More Signatures
If your designated account(s) requires two or more signatures on checks or other items, such requirement does not apply to electronic transfers through Online or Mobile Banking, and you release us from liability when making such transfers. This means that any person who is authorized to act as a signer on your account(s) shall be deemed to be authorized by you to individually make electronic transfers from your account(s) through Online or Mobile Banking.
- Limitations on Our Liability for Certain Transfer Delays or Errors
If we do not complete a transfer to or from your account on time or in the correct amount according to our applicable agreement with you, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable to you, for instance: (a) If, through no fault of ours, you do not have sufficient funds in your account to make a transfer; (b) If a legal order directs us to prohibit withdrawals from the account; (c) If your account is closed, has a hold placed on it, or has been frozen; (d) If the transfer would cause your balance to exceed the credit limit for any credit arrangement set up to cover overdrafts; (e) If you, or anyone you allow, commits any fraud or violates any law or regulation; (f) If any electronic terminal, telecommunication device or any part of the electronic funds transfer system is not working properly; (g) If you have breached this Agreement, your Bank Account Agreement, or other applicable agreement with us; (h) If you have not properly followed the instructions for using Online or Mobile Banking; (i) If circumstances beyond our control (such as fire, flood, system outages, Internet problems generally, or improper transmission or handling of payments by a third party) prevent the transfer; G) If the Online or Mobile Banking service you requested was not available at the time you requested it, and we had given you notice that it was not available.
- Limitations on Our Liability for Loss of Use of Funds
If we make any error other than those described in Section G above, and if the error causes you to be wrongly deprived of the use of your funds for any period, our maximum liability to you will be to restore those funds to you (subject to any transfer requests you have made) and pay you interest on those funds, for the period you were wrongly depri.ved of them, at our standard statement savings account rate.
- General Limitation on Liability; Third Parties
Except to the extent specifically provided in this Agreement, or where applicable law requires otherwise, you agree that neither we nor any of our third-party service providers or other agents shall be responsible for any losses, liability, damages, costs, expenses (including reasonable attorneys' fees), resulting in whole or in part from any act or failure to act of: (1) equipment or software; (2) Internet browsers (including without limitation, Netscape Navigator, Safari, Chrome, Firefox or Microsoft Internet Explorer); (3) Internet access providers; (4) Mobile/Cellular phone service providers; (5) our service providers; or (6) by an agent or subcontractor of any of the foregoing, as applicable. Neither we nor our service providers or agents or subcontractors shall be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, browser, the Internet, or your access to or use of, or failure to access or use, any services through Online or Mobile Banking.
- Overdrafts; Order of Payments and Charges
When you use Online or Mobile Banking, you must have sufficient funds available in your designated account (including available overdraft protection coverage, if applicable) to cover the amount of the transfers and any associated overdraft protection fees. We are not obligated to notify you if Online or Mobile Banking does not complete a transfer because there are insufficient funds in your account to process the transfer. We may process transfers that exceed your available balance, but we are not obligated to do so. If we do, you agree to immediately pay us for the overdraft and any fees incurred. We may discontinue permitting overdrafts at any time, without prior notice. Furthermore, some products and services offered in Mobile Banking may have additional terms and conditions regarding fees or charges associated with overdrafts or other issues with transfers.(not sure if we need this) As such, you should review the applicable agreements for the specific product or service for additional information, terms or conditions.
If your account does not have sufficient funds to perform all electronic funds transfers (including, without limitation, A TM withdrawals, pre-authorized transactions, and Online or Mobile Banking transfers) that you have requested for a given Business Day, then: (1) Certain electronic funds transfers involving currency disbursement, like A TM withdrawals, will have the priority determined by us in our sole discretion; and (2) The electronic funds transfers initiated through Online or Mobile Banking may result in an overdraft of your account and may, in our sole discretion, be canceled.
We reserve the right to charge any fees you owe us against your account(s) prior to allowing withdrawals or implementing any transfer requests (subject to any limitations in your Bank Account Agreement or under applicable law).
- Availability of the Online and Mobile Banking Service; Cut-off Time
You can access your accounts through Online or Mobile Banking 7 days a week, 24 hours a day. However, at certain times, some or all of the Online or Mobile Banking services may not be available due to system maintenance or circumstances beyond our control.
A transfer initiated through Online or Mobile Banking before 7:00 PM (ET) on a Business Day is posted to your account the same Business Day. Transfers completed after this 7:00(ET) cut-off time on a Business Day, or at any time on a Saturday, a Sunday, a Federal holiday or a day on which the Bank is closed, will be posted immediately, but the transferred funds may not be considered part of the available balance for purposes of processing certain transactions until the next Business Day. This means that such funds may not be available for paying or authorizing certain transactions, including without limitation, check clearing, or point of sale or point of purchase authorizations until the next Business Day.
We reserve the right to change the cut-off time in our sole discretion. Such change shall be effective immediately and may be implemented prior to your receipt of notice thereof. You may contact us at any time to verify the current cut-off time. You acknowledge that we have provided you Account Disclosures about the availability of deposits for withdrawal, including, without limitation, our Funds Availability Disclosure. The Account Disclosures are incorporated by reference into this Agreement and provide more detailed information about the availability of deposits for withdrawal.
- Limitations on Funds Transfers
The number of transfers from a savings account is limited as described in your applicable Bank Account Agreement and Account Disclosures, which are incorporated by reference into this Agreement. With respect to transferring funds from an account on which we have placed a hold on all or part of the account balance, or as to which some or all of the balance is not otherwise available for withdrawal, you cannot transfer the portion of the funds held or otherwise unavailable until the hold expires and the funds become available for withdrawal.
There are no monthly or transaction fees for accessing your account(s) or making transfers among your accounts at the Bank through Online or Mobile Banking. However, other fees and charges may apply to each of your accounts and other types of transactions and/or services relating to those accounts, regardless of whether you sign up for or use Online or Mobile Banking. Other fees and charges may also apply to other services that the Bank offers, or may offer in the future, through Online or Mobile Banking. Please refer to the applicable agreement, fee schedule, or other Account Disclosures for the current fees and charges related to each account, transaction, and/or service. We reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations.
You also acknowledge that your Internet Service Provider (ISP) or Mobile/Cellular Phone Service Provider may access fees for your use of Internet services or other services, generally. You are also responsible for any telephone charges incurred by accessing your accounts through Online or Mobile Banking.
- Questions and Errors about Electronic Funds Transfers
(Consumer Accounts) The provisions of this Section of the Agreement apply only to electronic funds transfers that debit or credit a Consumer Account and that are covered by the federal Electronic Funds Transfer Act and Federal Reserve Board Regulation E. In general, Regulation E applies to accounts established by a natural person primarily for personal, family or household purposes. We may, when applicable, rely on any exceptions to the provisions of this Agreement that are provided in Regulation E. All terms not otherwise defined in this Section of the Agreement that are defined in Regulation E shall have the meanings assigned to them by Regulation E.
In case of questions or errors about electronic funds transactions through Online or Mobile Banking contact us as soon as possible in any of the following ways: (1) Contact us by email firstname.lastname@example.org, (2) telephone number (610) 644-9400 or (3) fax (610)695-3673.
- Liability for Unauthorized Use (Consumer Accounts)
Notify us immediately if you believe another person has improperly obtained your online or mobile password. Also notify us if someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account. Only reveal your account number to a legitimate person or entity for a purpose you authorize (such as your insurance company for automatic payments). To notify us call (610) 644-9400, email us at email@example.com, fax us at (6510) 695-3673, or write to Bank’s customer service, PO Box 485 Paoli PA, 19301.
If your account is a Consumer Account and you tell us within two (2) business days after you learn of a loss or theft, you can lose no more than $50 if someone used Online or Mobile Banking without your permission. If you do not tell us within two (2) Business Days after you learn of the loss or theft, and we can prove we could have stopped someone from using Online or Mobile Banking without your permission had you told us, you could lose as much as $500.
Also, if your statement shows transactions that you did not make or authorize, tell us at once. If you do not tell us within 60 days after the statement 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 hospital stay) kept you from telling us, we will extend the time periods.
- Preauthorized Transfers
If you have instructed us in advance to make regular transfers among your accounts, you can stop any of these preauthorized transfers by calling MFSB’s customer service at (610) 644-9400, or write to PO Box 485 Paoli PA, 19301. In time for us to receive your request three (3) Business Days or more before the transfer is scheduled to be made. If you call, we may also require you to put your request in writing within 14 days after you call. We will charge you the stop payment fee for each stop-payment order you make, as disclosed in the our applicable current service charge schedule or account agreement. You may stop a transfer online at any time prior to the transfer being processed.
If you order us to stop payment of a pre-authorized transfer from a Consumer Account in accordance with this Agreement, and we do not do so, and the transaction is subject to Regulation E, we may be liable for any directly caused losses or damages. If our failure to stop payment was not intentional and resulted from a bona fide error despite the fact that we maintained procedures reasonably adapted to avoid the error, our liability will be limited to the actual damages proved.
- Exclusion of Warranties
All of the Services available through Online and Mobile Banking are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
We may cancel your Online or Mobile Banking access at any time without prior notice to you, for any reason, except as may be required by law. One reason we may cancel your access is if you do not have sufficient funds in one or more of your accounts to cover any fees that are chargeable for Online or Mobile Banking transactions. In this case, Online or Mobile Banking services may be reinstated once we are satisfied that sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to request reinstatement of your Online or Mobile Banking services, you must call Malvern Federal Savings Bank Customer Service at (610) 644-9400.
If you do not access your accounts through Online or Mobile Banking for any (1) one year period, the Bank reserves the right to terminate your Online or Mobile Banking service without notice.
If you want to cancel any of the services offered through Online or Mobile Banking, you must contact MFSB’s Bank Customer Service at (610) 644-9400 or send us cancellation instructions in writing to PO Box 485 Paoli PA, 19301.
If you close your account(s), you must notify Bank Customer Service to cancel the Online and Mobile Banking services.
We reserve the right to change the charges, fees or other terms described in this Agreement from time to time without notice, except as may be required by law. However, if your Online or Mobile Banking service relates to a Consumer Account(s), we will mail or deliver a written notice to you of the changes at least 21 days before the effective date of the change, if the change would result in increased fees or charges, increased liabilities for you, fewer types of available electronic fund transfers or stricter limitations on the frequency or dollar amounts of transfers, unless prior notice is excused by law.
You may decline a change by notifying us prior to the change's effective date to discontinue your Online or Mobile Banking services. However, if you fail to terminate your Online or Mobile Banking services before the effective date and use any of the Online or Mobile Banking services on or after the effective date, you will be deemed to have accepted and agreed to the changes, and they will become legally binding upon you. Changes to fees applicable to specific accounts are governed by the applicable Bank Account Agreement and Account Disclosures.
We may give you notices relating to Online or Mobile Banking or any of your accounts that can be accessed with Online or Mobile Banking, and you may give us similar notices, in any one or more of the following ways: (1) electronically online at our website when you access Online Banking; (2) electronically on your Mobile Device; (3) by mailing a paper notice, which we may mail to you at your address shown on our records or you may mail to us at PO Box 485 Paoli PA, 19301 (4) by sending an electronic message (e-mail). We may send e-mails to you at your designated e-mail address or any changed e-mail address you later designate by notice to us. You may send e-mails to us at (610) 644-9400 or any other e-mail address we designate from time to time by notice to you.
By accepting this Agreement, you agree that any of the notice methods provided above qualifies as a "written notice" for all purposes under this Agreement, any other agreement between us, and otherwise under applicable law.
You may not assign this Agreement or your rights or responsibilities under this Agreement to any other party, and any attempted assignment shall be null and void. The Bank may assign this Agreement to any affiliated entity or any successor. We may also may assign or delegate any or all of our rights and responsibilities under this Agreement to one or more independent contractors or other third party service providers, and any rights or responsibilities so assigned or delegated may be exercised or enforced by either the Bank or such service providers. Any reference in this Agreement to the Bank also shall be considered a reference to any service provider performing services under this Agreement on our behalf.
- Governing Law
This Agreement is governed by, and is subject to, the laws of the Commonwealth of Pennsylvania, without regard to its choice or conflicts of law’s provisions.
If any provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of such provision in other jurisdictions, and of the remaining provisions of this Agreement in all jurisdictions, will not in any way be affected or impaired.
- Entire Agreement
With the exception of any notices provided by the Bank to you regarding Online or Mobile Banking, this Agreement sets forth the entire and only agreement between you and the Bank with respect to your use of Online and Mobile Banking. Any prior or contemporaneous agreements, representations, statements, negotiations, undertakings, promises or conditions, whether oral or written, with respect to Online or Mobile Banking which conflict with the provisions in this Agreement are superseded by this Agreement.
iPad® and iPhone® are registered trademarks of Apple, Inc.
Android™ is a registered trademark of Google, Inc.
Kindle is a registered trademark of Amazon, Inc.
"Service" means the bill payment service offered by Malvern Federal Savings Bank, through CheckFree Services Corporation.
"Agreement" means these terms and conditions of the bill payment service.
"Biller" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.
"Payment Instruction" is the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).
"Payment Account" is the checking account from which bill payments will be debited.
"Billing Account" is the checking account from which all Service fees will be automatically debited.
"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.
"Scheduled Payment Date" is the day you want your Biller to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.
"Due Date" is the date reflected on your Biller statement for which the payment is due; it is not the late date or grace period.
"Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.
The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be designated within the application when you are scheduling the payment. Therefore, the application will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.
THE SERVICE GUARANTEE
Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Agreement.
PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives.
When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service.
The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
- If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
- The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
- You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
- Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
The Service reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment (funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to your financial institution for payment).
PAYMENT CANCELLATION REQUESTS
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.
STOP PAYMENT REQUESTS
The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.
Payments to Billers outside of the United States or its territories are prohibited through the Service.
Tax payments and court ordered payments may be scheduled through the Service, however such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service Guarantee as it applies to any late payment related changes is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Service.
The Service cannot be used to make Payments for the following: (i) payees located outside the United States; (ii) court-ordered Payments (e.g., child support or alimony); or (iii) in connection with any unlawful activity or purpose (e.g., gambling). Notwithstanding the foregoing, if Customer uses the Service to make court-ordered or certain other Payments, Bank shall not be responsible for any penalties, interest, late fees or other similar amounts Customer may be assessed as a result of delays in the delivery, or the non-delivery of the Payment, or the delayed or improper crediting of the Payment.
BILL DELIVERY AND PRESENTMENT
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:
Information provided to the Biller - The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. The Service may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.
Activation - Upon activation of the electronic bill feature the Service may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
Authorization to obtain bill data - Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.
Notification - The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.
Cancellation of electronic bill notification - The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. The Service will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
Non-Delivery of electronic bill(s) - You agree to hold the Service harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
Accuracy and dispute of electronic bill - The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.
This Agreement does not alter your liability or obligations that currently exist between you and your Billers.
EXCLUSIONS OF WARRANTIES
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
PASSWORD AND SECURITY
You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once by calling 877-370-1783 during customer service hours.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
If you tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
ERRORS AND QUESTIONS
In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following:
- Telephone us at 877-370-1783 during customer service hours;
- Contact us by using the application's e-messaging feature; and/or,
- Write us at:
Columbus, OH 43218-2477
If you think your statement is incorrect or you need more information about a Service transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:
- Tell us your name and Service account number;
- Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
- Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Payment Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Payment Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:
- Where it is necessary for completing transactions;
- Where it is necessary for activating additional services;
- In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
- To a consumer reporting agency for research purposes only;
- In order to comply with a governmental agency or court orders; or,
- If you give us your written permission.
SERVICE FEES AND ADDITIONAL CHARGES
Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
FAILED OR RETURNED TRANSACTIONS
In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that:
- You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;
- For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
- You will reimburse the Service for any fees imposed by your financial institution as a result of the return;
- You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and,
- The Service is authorized to report the facts concerning the return to any credit reporting agency.
ALTERATIONS AND AMENDMENTS
This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates. In addition, as part of the Service, you agree to receive all legally required notifications via electronic means.
ADDRESS OR BANKING CHANGES
It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting Customer Service. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application's Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.
SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
In the event you wish to cancel the Service, you may have the ability to do so through the product, or you may contact customer service via one of the following:
- Telephone us at 610-644-9400 during customer service hours; and/or
- Write us at:
Malvern Federal Savings Bank
42 E. Lancaster Ave
Paoli, PA 19301
Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
The Service reserves the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.
In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service.
Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. If your account was added online the Service may issue offsetting debits and credits to the Payment Account(s) and/or Billing Account, and require confirmation of such from you in order to verify ownership of the Payment Account(s) and/or Billing Account. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).
In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.
You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.
THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.