Malvern Federal Savings Bank
Online, Mobile Banking & Bill Payment Access Agreement

  1. Scope of Agreement
  2. Definitions
  3. Terms and Conditions of Online Banking
    1. Requirements
    2. Online Banking Services - General
    3. Error Resolution Notice about Your Rights and Responsibilities under the Electronic Funds Transfer Act
    4. Resolution of Questions and Errors about Electronic Funds Transfers; Liability for Unauthorized Use
  4. Terms and Conditions of Mobile Banking
    1. Mobile Banking Services - General
    2. Responsibilities and Security of the Mobile Device
  5. Terms and Conditions - General Provisions
    1. Relationship to Other Agreements and Fees
    2. New Services
    3. Consent to Electronic Communications and Disclosures; FAQs
    4. Your Online or Mobile Password
    5. Protecting Your Account
    6. Waiver of Requirement for Two or More Signatures
    7. Limitations on Our Liability for Certain Transfer Delays or Errors
    8. Limitations on Our Liability for Loss of Use of Funds
    9. General Limitation on Liability; Third Parties
    10. Overdrafts; Order of Payments and Charges
    11. Availability of the Online Banking Service; Cut-off Time
    12. Limitations of Funds Transfers
    13. Fees
    14. Disclosure of Account Information- Privacy Policy
    15. Resolution of Questions and Errors about Electronic Funds Transfers (Consumer Accounts)
    16. Liability for Unauthorized Use (Consumer Accounts)
    17. Preauthorized Transfers
    18. Exclusion of Warranties
    19. Termination
    20. Amendments
    21. Notices
    22. Assignment
    23. Governing Law
    24. Severability
    25. Entire Agreement
  6. Terms and Conditions of the FinanceWorks
  7. Terms and Conditions of the Bill Payment Service

This Online & Mobile Banking Access Agreement ("Agreement") is a contract that governs your ability to receive certain online and mobile banking services provided by Malvern Federal Savings Bank ("Online Banking" and/or "Mobile Banking"). By using Online or Mobile Banking, you agree to, and acknowledge that you have read and understand, the terms and conditions of this Agreement.

To obtain access to our Online or Mobile Banking services, you must first indicate your affirmative consent to all the terms of this Agreement. You may indicate your consent electronically by following the on-screen instructions for accepting this Agreement. We recommend that you download or print this Agreement and keep a copy for your future reference.

  1. SCOPE OF AGREEMENT

    This Agreement governs your use of Online and Mobile Banking. The terms and conditions in this Agreement are in addition to, and do not cancel or supersede, any other Bank Account Agreements, rules, disclosures, procedures, standards, policies, or signature cards relating to your deposits, loans or other business relationships with the Bank (collectively, the "Account Disclosures").
    Except as provided in this Agreement, all of the terms, conditions, agreements, disclosures, and fees set forth in the Account Disclosures, as the Bank provides and amends them from time to time, shall remain in full force and effect. Additionally, your access to and use of Online and Mobile Banking will be subject to all of the terms or instructions that may appear on a screen when you activate, access or use Online or Mobile Banking, the rules and regulations of any funds transfer system used in connection with Online or Mobile Banking services, and applicable state and federal laws and regulations, all as amended from time to time.

    Due to regulatory updates or as a result of internal enhancements, this Agreement may be amended from time to time. Each time you access your accounts through Online or Mobile Banking, you acknowledge receiving a copy of this Agreement in a form you can keep, you acknowledge your receipt and understanding of these disclosures, terms and conditions and you agree to be legally bound by this Agreement. You also agree as follows: (a) you have read all of the terms, conditions and disclosures in this Agreement; (b) you agree to receive periodic statements and/or or transaction information, and other communications, disclosures and records relating to our products and services, by electronic means; and (c) you are able to access e-mails and website information and you have an Internet service provider or Mobile/Cellular Phone service provider, as applicable to Online or Mobile Banking.

  2. DEFINITIONS

    As used in this Agreement, the following terms have the meanings given below: "Bank Account Agreement" means the terms and conditions governing your consumer or business deposit account(s) at the Bank, as applicable, as amended from time to time.

    "Business Day" means Monday through Friday, but excludes Saturdays, Sundays, Federal holidays and days on which the Bank is closed.

    "eStar@Home" means the name for the Malvern Federal Savings Bank Online Banking application.

    "MFSB2GO" means the name for the Malvern Federal Savings Bank Mobile Banking application.

    "Consumer Account" means a deposit account or a loan account owned by one or more individuals and used for personal, family or household purposes.

    "Mobile Device'' means a device specifically designed to be compatible with the MFSB2GO application, which currently includes the iPhone®, iPad®, Android™ devices and Kindle Fire devices.

    "We," "us," "our," and "Bank" mean Malvern Federal Savings Bank.

    "You" and "your" mean the account holder authorized by the Bank to use Online or Mobile Banking and anyone else who uses Online or Mobile Banking with the permission of the account holder.

    Other terms defined in this Agreement shall have the meanings assigned to them by the applicable provisions of this Agreement.

  3. TERMS AND CONDITIONS OF ONLINE BANKING
    1. Requirements

      To access your accounts through Online Banking, you must have an active, eligible eStar@Home account and you must enter your user identification and online password for Online Banking. You may contact us via telephone (610) 644-9400 or email Ebanking@malvernfederal.com to find out which accounts are eligible. For more information about your password, see the Section of this Agreement entitled, "Your Online Password." To use eStar@Home, a business must provide us with a valid Taxpayer Identification Number.

      Before you access eStar@Home you must have the following equipment and software installed on your computer:

      1. Current secure browser, such as IE8/9(Internet Explorer), or the latest version of Firefox, Chrome, or Safari.
      2. Patched operating systems.
      3. Current and up-to-date anti-virus program.
      4. An activated operating system software firewall.

      In addition to the requirements listed above, if you are using a wireless home network to connect to eStar@Home, for your protection and security you must also have:

      1. A wireless router that does not broadcast the home network's SSID. (SSID stands for service set identifier and is the public name for a wireless network).
      2. WPA (Wi-Fi Protected Access), which is the encryption for the wireless network and secures your home network.
      3. Strong password authentication for the network.

      You must also comply with any other security procedures that we may establish from time to time. These additional security procedures may require special hardware, software or third-party services. If you do not comply with all of these required security procedures, you will use eStar@Home entirely at your own risk.

      You acknowledge that if you download software to your cell phone that enables mobile banking, Malvern Federal Savings Bank (MFSB) does not sanction the use of any third-party software for Online Banking that does not have our prior approval. You further acknowledge that third-parties may offer such applications to cell phone users without our knowledge or approval. If you download such third- party software you do so entirely at your own risk.

      We reserve the right to change these requirements at any time, and from time to time, with appropriate notice to you.

    2. Online Banking Services - General

      eStar@Home provides several electronic banking services that allow you to manage your personal or business accounts from your home or office on your computer. These Online Banking services include, but are not limited to: (1) viewing account balances and reviewing transaction history, including accessing e-Statements, for accounts registered with the applicable service; (2) transferring funds between accounts, including preauthorized transfers (to the extent provided in the applicable account Bank Account Agreement and Account Disclosures); (3) paying your bills online; and (4) communicating directly with us through secure chat.

      Each service that we provide through eStar@Home, now or in the future, may be subject to its own separate agreement, and you agree to be bound by any and all terms, conditions and rules that we communicate to you about each such service.

    3. Error Resolution Notice about Your Rights and Responsibilities under the Electronic Funds Transfer Act

      Keep this notice for your future use. This notice contains important information about your rights and responsibilities under the Electronic Funds Transfer Act.

      In case of errors or questions about your electronic transfers, transactions, or payments, you should either telephone or write or email us immediately. Also, immediately change your eStar@Home login codes through your account management option. 

      Malvern Federal Savings Bank
      Telephone: 610-644-9400
      Write to: Malvern Federal Savings Bank
      PO Box 485
      Paoli PA, 19301
      Email to: ebanking@malvernfederal.com

      If you think your statement or receipt is wrong or if you think you need more information about a transaction listed on your statement or receipt, we must hear from you no later than sixty (60) days after we sent the first statement on which the problem or error appeared.

      • Tell us your name and account number.
      • Describe the error or transfer you are unsure about, and explain why you believe there is any error or why you need more information.
      • Tell us the dollar amount of the suspected error or amount in question.

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

      We will tell you the results of our investigation within ten (10) business days after we hear from you and we will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within ten (10) 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 ten (10) days, we may not provisionally credit your account. If we decide there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of documents that we used in our investigation.

  4. TERMS AND CONDITIONS OF MOBILE BANKING
    1. Mobile Banking Services - General

      Mobile Banking provides several mobile electronic banking services that allow you to manage your personal accounts from anywhere, anytime, with a compatible and supported Mobile Device. These Mobile Banking services include, but are not limited to: (1) viewing account balances and reviewing transaction history, (2) transferring funds between accounts; (3) paying your bills online; (4) remotely depositing checks to your accounts( should we have this or remove it until Mobile RDC is available.); and (5) communicating directly with us through e-mail.

      You agree and understand that Mobile Banking may not be accessible or may have limited utility over some mobile networks, and that there may be browser or other technical limitations specific to an individual mobile device that will limit or prevent access to MFSB2GO. You also accept responsibility for making sure that you know how to properly use the Mobile Device and we will not be liable to you for any losses caused by your failure to properly use MFSB2GO or the Mobile Device.

      We make no representations that MFSB2GO will be available for use in locations outside of the United States. Accessing MFSB2GO from locations outside of the United States is at your own risk and may not be secure.

    2. 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 MFSB2GO. You represent and agree that all information you provide to us in connection with MFSB2GO is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using MFSB2GO. You represent that you are an authorized user of the Mobile Device you will use to access MFSB2GO and that the Mobile Device will be password protected or have similar security in use.

      You have the sole responsibility for maintaining the safety, security and integrity of the Mobile Device by which access MFSB2GO. You agree not to leave the Mobile Device unattended while logged into MFSB2GO and to log off immediately at the completion of each access by you. You agree not to provide any of your access information to any unauthorized person. 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, login information or any other means to access MFSB2GO, you will be held responsible for any transactions they undertake and we will not be liable for any damages resulting to you. You agree to not use MFSB2GO or the content or information delivered through MFSB2GO in any way that would be considered illegal. For suggestions on how you may secure your device, please visit our website.

      You (on behalf of yourself, your estate, your heirs and all person who may claim through you) or, if an entity, its predecessors, successors and affiliates and its or their trustees, directors, officers, employees, agents and representatives and all persons who may claim through it) 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 MFSB2GO or registration of the Mobile Device, arising from any claim to funds transferred out of your Account or paid under authority of the Mobile Device including but not limited to liability for items presented or electronic transfers against such funds, claims of government agencies for the return of funds, 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. Limited to liability for items presented or electronic transfers against such funds, claims of government agencies for the return of funds, 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.

  5. TERMS AND CONDITIONS - GENERAL PROVISIONS
    1. 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.

    2. 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.

    3. 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:

      1. 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.

      2. 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.

      3. 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.

      4. 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.

    4. 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.

    5. 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).

    6. 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.

    7. 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.

    8. 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.

    9. 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.

    10. 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).

    11. 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.

    12. 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.

    13. Fees

      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.

    14. Disclosure of Account Information - Privacy Policy

      By accepting this Agreement, you agree that we may provide information about you or your accounts or transactions to third parties in accordance with our Privacy Policy/Notice, as amended from time to time. A copy of our Privacy Policy is available on our website at https://www.malvernfederal.com/privacy-policy.aspx and is incorporated in this Agreement as if set forth in full. We will also provide an updated Privacy Policy to you periodically. By accepting this Agreement, you agree that we may provide our Privacy Policy to you electronically, although we may choose to send you a paper copy.

    15. 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 ebanking@malvernfederal.com, (2) telephone number (610) 644-9400 or (3) fax (610)695-3673.

    16. 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 ebanking@malvernfederal.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.

    17. 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.

    18. 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.

    19. Termination

      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.

    20. Amendments

      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.

    21. Notices

      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.

    22. Assignment

      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.

    23. 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.

    24. Severability

      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.

    25. 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.

  6. TERMS AND CONDITIONS OF THE FINANCEWORKS AND PURCHASE REWARDS
    1. LICENSE GRANT AND RESTRICTIONS.  You are granted a personal, limited, non-exclusive, non-transferable license, to electronically access and use the FinanceWorks Service (the “Service”) solely to manage your financial data, and the purchase rewards application (“Debit Rewards Offers”) to benefit from your debit card purchases.

      In addition to the FinanceWorks Service and the Debit Rewards Offers, the terms "Service" and “Debit Rewards Offers” also include any other programs, tools, internet-based services, components and any "updates" (for example, Service maintenance, Debit Rewards information, help content, bug fixes, or maintenance releases, etc.) of the Service or Debit Rewards Offers if and when they are made available to you by us or by our third party vendors. Certain Service and Debit Rewards Offers may be accompanied by, and will be subject to, additional terms and conditions.

      You are not licensed or permitted to do any of the following and you may not allow any third party to do any of the following: (i) access or attempt to access any other  systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the FinanceWorks site or from the Debit Rewards Offers program; (iii) permit any third party to benefit from the use or functionality of the Service or Debit Rewards Offers, or any other services provided in connection with them, via a rental, lease, timesharing, service bureau, or other arrangement; (iv) transfer any of the rights granted to you under this license; (v) work around any technical limitations in the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble, or otherwise reverse engineer the Service except as otherwise permitted by applicable law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Service or Debit Rewards Offers or any services provided in connection with them, prevent access to or the use of the Service, Debit Rewards Offers or any or services provided in connection with them by  other licensees or customers, or impose an unreasonable or disproportionately large load on the infrastructure while using the Service; or (vii) otherwise use the Service, Debit Rewards Offers or any services provided in connection with them except as expressly allowed under this Section 1.

    2. OWNERSHIP.   The Service and Debit Rewards Offers are protected by copyright, trade secret and other intellectual property laws. You do not have any rights to the trademarks or service marks.
    3. LICENSEE ACCESS INFORMATION AND ACCOUNT DATA.   You are responsible for (i) maintaining the confidentiality and security of your access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you to access the Service, Debit Rewards Offers or any services provided in connection with them, and your  accounts with us (collectively, "Licensee Access Information"), and (ii) preventing unauthorized access to or use of the information, files or data that you store or use in or with the Service, Debit Rewards Offers or any services provided in connection with them (collectively, "Account Data"). You are responsible for providing access and assigning passwords to other users, if any, under your account for the Service, Debit Rewards Offers or any services provided in connection with them, and ensuring that such authorized users comply with this Agreement. You will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data ("Communications") entered using the Licensee Access Information.  It is assumed that any Communications received through use of the Licensee Access Information were sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Licensee Access Information.  We reserve the right to deny you access to the Service, Debit Rewards Offers or any services provided in connection with them (or any part thereof) if we reasonably believe that any loss, theft or unauthorized use of Licensee Access Information has occurred. You must inform us of, and hereby grant to us and our third party vendors permission to use, Licensee Access Information to enable us to provide the Service, Debit Rewards Offers or any services provided in connection with them to you, including updating and maintaining Account Data, addressing errors or service interruptions, and to enhance the types of data and services we may provide to you in the future. 

      We may use anonymous, aggregate information, which we collect, and store, or which is collected and stored on our behalf by third party vendors, to conduct certain analytical research and help us to create new offerings and services for our customers. As we make additional offerings and online banking services available to you, some of which may rely on banking information maintained in your accounts, you will have the opportunity to participate in the services if you choose. If you choose not to participate, you do not need to notify us.  We may also use anonymous, aggregate information which we collect and store, or which is collected and stored on our behalf by third party vendors, to (i) conduct database marketing and marketing program execution activities; (ii) publish summary or aggregate results relating to metrics comprised of research data from time to time; and (iii) distribute or license such aggregated research data to third parties.  Additionally, automated technology may be used to tailor messages or advertisements that best reflect your interest and needs.

    4. YOUR INFORMATION AND ACCOUNT DATA WITH OTHER FINANCIAL INSTITUTIONS. 

      4.1 General. In connection with your use of the Software and as part of the functionality of the Service, you may have access to certain online services that may be made available by your financial institutions ("Aggregation"), including online banking, online payment, online investment account download, online bill pay, and online trading. The Service is designed to allow you to access Aggregation (if and to the extent provided by your financial institutions) to set up banking information, schedule the Service to access your account(s), download transactions into the Service and otherwise aggregate information from your account(s) with your financial institutions. You acknowledge and agree that we have no control over the provision of Aggregation or provision of access to the Aggregation by your financial institutions, do not guarantee that you will be able to use the Service with the Aggregation, and will have no liability whatsoever for any actions or inactions on the part of the financial institutions resulting in your inability to use the Service to access your accounts, obtain data, download transactions, or otherwise use or access the Aggregation.

      4.2 Collection of Financial Institution Account Information. You acknowledge that in accessing the Aggregation through the Service, your financial institution account access number(s), password(s), pin(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, and the actual data in your account(s) with such financial institution(s) such as bank balances, credit card charges, debits and deposits (collectively, "Financial Account Data"), may be collected and stored in the Service. You authorize us, in conjunction with the operation and hosting of the Service, to use certain Financial Account Data to (i) collect your Financial Account Data, (ii) reformat and manipulate such Financial Account Data, (iii) create and provide hypertext links to your financial institutions, (iv) access the financial institutions' websites using your Financial Account Data, and (v) take such other actions as are reasonably necessary to perform the actions described in (i) through (iv). You hereby represent that you are the legal owner of your Financial Account Data and that you have the authority to appoint, and hereby expressly do appoint us or our third party vendors as your agent with limited power of attorney to access and retrieve your Financial Account Data on your behalf. You further acknowledge that we do not, nor does our third party vendor review your Financial Account Data and agree that we are not responsible for its completeness or accuracy. Any transactions or informational activities performed at any financial institution's website are not made through the Service and we assume no responsibility for such transactions or activities. You are solely responsible for any charges associated with your financial institutions.

      4.3 Information from Financial Institutions' Websites. You acknowledge and agree that (i) some financial institutions may not allow the Service to access the Aggregation, (ii) financial institutions may make changes to their websites, with or without notice to us, that may prevent or delay aggregation of information from such websites, and (iii) the Service "refreshes" the Financial Account Data by collecting the Financial Account Data nightly, so your most recent transactions may not be reflected in any account balances or other account information presented to you in the Service. If you see a discrepancy in the Financial Account Data, and in any case before making any transactions or decisions based on such account information presented in the Service, licensee should check the last refresh date for the account and confirm Financial Account Data is correct by following the link back to the applicable financial institution or otherwise confirm that Financial Account Data is up to date and accurate.

      4.4 Data. If we make additional online financial services available to you which are applicable to data that you have transacted with other financial institutions or card issuers, and which we will aggregate at this site, we will separately ask for your consent to collect and use that information to provide you with relevant offers and services. If you give us your consent, you will be agreeing to permit us to use Financial Account Data to help us suggest savings opportunities or additional products and services to you.

      If you select services that are offered by third parties or merchants through such offers or on our behalf, you will be agreeing that we have your consent to give such third parties or merchants your geographic location, and other data, collected and stored in aggregate, as necessary for such third parties or merchants to make their offerings and services available to you and to permit us to use Financial Account Data to help us suggest savings opportunities or additional products and services to you.  Except as specified here, we and the third parties or merchants acting on our behalf shall not use or keep any of your personally identifiable information.

    5. SERVICE USE, STORAGE AND ACCESS.   We shall have the right, in our sole discretion and with reasonable notice posted on the FinanceWorks site and/or sent to your email address provided in the Registration Data, to establish or change limits concerning use of the Service and any related services, temporarily or permanently, including but not limited to (i) the amount of storage space you have available through the Service at any time, and (ii) the number of times (and the maximum duration for which) you may access the Service in a given period of time. We reserve the right to make any such changes effective immediately to maintain the security of the system or Licensee Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Service and any related services to which such changes relate. Your continued use of the Service or any related services will constitute your acceptance of and agreement to such changes.  Maintenance of the Service or any related services may be performed from time-to-time resulting in interrupted service, delays or errors in such Service or related services. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided.
    6. THIRD PARTY SERVICES.   In connection with your use of the Service, Debit Rewards Offers, or any other services provided in connection with them, you may be made aware of services, products, offers and promotions provided by third parties, ("Third Party Services"). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party is responsible for the performance of the Third Party Services.
    7. THIRD PARTY WEBSITES.   The Service may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided as a convenience only. Such Third Party Websites are not under our control. We are not responsible for the content of any Third Party Website or any link contained in a Third Party Website.  We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Service, Debit Rewards Offers or any other services provided in connection with them is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information contained in any Third Party Website. In no event will we be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from ours.  We are not responsible for such provisions, and expressly disclaim any liability for them.
    8. EXPORT RESTRICTIONS.   You acknowledge that the Service may contain or use software that is subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the Service, directly or indirectly, to: (1) any countries that are subject to US export restrictions; (2) any end user who has been prohibited from participating in US export transactions by any federal agency of the US government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by US law.
  7. TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE

    SERVICE DEFINITIONS

    "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.

    PAYMENT SCHEDULING

    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:

    1. 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;
    2. 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;
    3. 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,
    4. 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.

    PAYMENT METHODS

    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.

    PROHIBITED PAYMENTS

    Payments to Billers outside of the United States or its territories are prohibited through the Service.

    EXCEPTION PAYMENTS

    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:

    1. Telephone us at 877-370-1783 during customer service hours;
    2. Contact us by using the application's e-messaging feature; and/or,
    3. Write us at:

    Checkfree
    PO 182477,
    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:

    1. Tell us your name and Service account number;
    2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
    3. Tell us the dollar amount of the suspected error.

    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:

    1. Where it is necessary for completing transactions;
    2. Where it is necessary for activating additional services;
    3. In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
    4. To a consumer reporting agency for research purposes only;
    5. In order to comply with a governmental agency or court orders; or,
    6. 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:

    1. You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;
    2. 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;
    3. You will reimburse the Service for any fees imposed by your financial institution as a result of the return;
    4. You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and,
    5. 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:

    1. Telephone us at 610-644-9400 during customer service hours; and/or
    2. 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.

    BILLER LIMITATION

    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.

    RETURNED PAYMENTS

    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.

    INFORMATION AUTHORIZATION

    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).

    DISPUTES

    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.

     

     

    ASSIGNMENT

    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.

    NO WAIVER

    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.

    CAPTIONS

    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.

    GOVERNING LAW

    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.

 

I Agree

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