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MILTON SAVINGS BANK

TERMS & CONDITIONS AGREEMENT

 

The following Agreement details the rights and regulations you as a consumer must abide by when utilizing Internet Banking Services and Bill Payment Services.  Also included are the rights and regulations of Milton Savings Bank.  With the acceptance of these Terms and Conditions you are stating you will abide by these Terms and Conditions as well as the rules and regulations that were provided to you at time of account opening.

 

DISCLOSURE AND AGREEMENT TO RECEIVE ELECTRONIC COMMUNICATIONS

 

By selecting the “I Accept” button below, you are (1) acknowledging your receipt of the information listed below, (2) agreeing that any contract you enter into with Milton Savings Bank for the provision of certain On-line Banking Services, may be in electronic form, and (3) agreeing that certain information that may be delivered in connection with the Services may also be in electronic form.

 

You are also acknowledging receipt of the following information and agree that:

 

-          We may provide you with this Agreement and any revisions and amendments thereto in electronic form, and that, if you choose to accept the Agreement, you are consenting to enter into and are entering into an agreement electronically that will govern all future transactions you conduct using the Service.

-          We may provide you revisions and amendments to the Agreement and such other information, including but not limited to information under Regulation E and under other applicable banking, or financial services laws or regulations in connection with the Service, electronically as a part of the Agreement or otherwise as part of the Services.  While you may print and retain a copy of the Agreement or any information provided to you in relation to the Service, we only provide these documents electronically.

-          You have the right at any time to withdraw, without service charges, your consent to receive information electronically.  However, because the Agreement and the Information are provided only in electronic format, your withdrawal of consent will terminate all the Services.

-          If you wish to withdraw consent to receive information electronically, to terminate the Services, or to update your information such as a change of address, or e-mail address, you may call Milton Savings Bank at 570-742-8541, or write a letter and send it to:


Milton Savings Bank

On-line Banking Department

80 Broadway

Milton, PA 17847

 

-          You are able to access information that is provided in the same manner as the information and the Services via the Internet.

 

DEFINITIONS

 

The following definitions apply in this Agreement.

 

“On-line Banking” is the Internet-based service providing access to your account(s) under the terms set forth in this Internet Banking Terms and Conditions Agreement.

 

“On-line Account” is a Milton Savings Bank account from which you will be conducting transactions using a Service.

 

“Bill Payment” is the Internet-based service providing payments to Milton Savings Bank or to third parties from your designated Milton Savings Bank account(s).

 

“Bill Pay Account” is the transaction account from which you are initiating a Bill Payment.

 

“Business Day” refers to Monday through Friday, excluding holidays as determined by Milton Savings Bank.  All On-line transaction requests received after 7:00 p.m. EST, or on a non-Business Day, will be processed immediately, but will not appear in the online history until the following Business Day.

 

“Password” is a series of numbers and/or letters that you select after the initial sign-on, that establishes your connection to the Service.  Milton Savings Bank will provide you with a code for use during the initial sign-on process.

 

“Payment Initiation Date” is the date you enter into On-line Banking when setting up a bill payment.

 

“Time of day” references are to Eastern Standard Time.

 

“We”, “us”, “our”, or “Milton Savings Bank” refer to Milton Savings Bank, which offers the Services provided under this Agreement and holds the accounts accessed by the Services.

 

ACCESS TO SERVICES

 

Milton Savings Bank will provide on-line instructions describing how to use the On-line Banking Service or Bill Payment Service.  To gain access to this Service you will need your Access ID and your Password.

 

HOURS OF OPERATION

 

The Services are generally available 24 hours-a-day, 7 days a week, except during special maintenance and upgrade periods, which routinely are scheduled between 12:00 a.m. and 5:00 a.m. Monday mornings.

 

 

USE OF YOUR PASSWORD

 

The safety of our customers’ accounts and account information is of paramount importance to Milton Savings Bank.  We go through great lengths to protect confidentiality and the security of your account, and urge you to do the same.  You agree not to allow anyone to gain access to the Service or to let anyone know your Password used with the Services.  You agree to assume responsibility for all transactions initiated through the Services with your Milton Savings Bank User-ID, up to the limits allowed by applicable law.  While Milton Savings Bank continues to provide our customers with the level of on-line security we believe necessary and appropriate, customers who share their User-IDs and Passwords are giving up the full benefit of our security measures and legal protections to which they may be entitled.  No Milton Savings Bank representative will ever call and ask for your Access ID of User Password.

 

LOST OR STOLEN PASSWORD

 

If your Password has been lost or stolen, call Milton Savings Bank immediately at 570-742-8541, between the 9:00 a.m. to 5:00 p.m. on Monday, Tuesday, and Thursday; 9:00 a.m. to 6:30 p.m. on Friday; 9:00 a.m. to Noon on Wednesday and Saturday.  Telephoning Milton Savings Bank is the best way to minimize your losses.  You may also restore the security of your Service by immediately changing your Password.  If you believe your Password has been lost or stolen and you notify us within two Business Days after you learn of the loss or theft, you can lose no more than $50.00 if someone uses your Password to conduct unauthorized electronic funds transfers without your permission.  If you do NOT notify us within two Business Days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password to conduct unauthorized electronic funds transfers without your permission if you had told us, you could lose as much as $500.00.

 

BANKING TRANSACTIONS WITH ON-LINE BANKING

 

In addition to viewing account information, your may use On-line Banking to conduct the following transactions:

 

-          Transfer funds among your linked checking, savings, money market, loan accounts.

-          Initiate bill payments.

 

New services may be introduced for On-line Banking from time to time.  Milton Savings Bank will notify you of the existence of these new services.  By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services. 


BILL PAYMENT SERVICE

 

The Bill Payment Service permits you to use your Internet-enabled device to direct payments from your designated on-line Bill Pay Account to third parties you wish to pay and who accepts Bill Payment Services.  Through Bill Payment Service, you can pay bills from your Bill Pay Account to:

 

-          Business Payees – Any business, merchant, or professional that generates a bill or invoice for products or services provided to you on your behalf and that has an address we can verify.

-          Individual Payees – Payments made to individuals, family, or friends for non-business purposes.

 

You may set up the following types of bill payments:

 

-          Single Payments – A payment to be made to a payee one time.

-          Recurring Payments – Payments of fixed amounts to a single payee at recurring intervals (e.g., weekly, bi-weekly, monthly, bi-monthly, quarterly, annually, or semi-annually)

 

All payments you make will be deducted from the account that you designate as your Bill Pay Account on the Payment Initiation Date.  Any payments you wish to make through this Service must be payable in U.S. dollars to a payee located in the continental United States.  We reserve the right to restrict or limit the number of transactions processed through this Service from time to time.  Further, we reserve the right to check your credit history at enrollment and obtain follow up credit history reports at a later date.

 

You should not use the Bill Payment Service to make payments to settle securities purchases, payments to interest bearing accounts, tax payments, or court ordered payments (e.g., alimony or child support payments).  Payments, additional fees, fines, penalties, or other losses associated with payments to these payees that are delayed of improperly addressed or credited are your sole responsibility.

 

Funds must be available in your Bill Pay Account on the scheduled Payment Initiation Date.  If the Payment Initiation Date falls on a non-Business Day (e.g., Saturday, Sunday, or a holiday), funds must be available in your Bill Pay Account the following Business Day (e.g., Monday).  After funds are withdrawn from your Bill Pay Account to make a payment, we may make the payment either by transferring funds electronically to the payee or by mailing the payee a check.

 

If your Bill Pay Account does not have sufficient available funds to make a payment as of the Payment Initiation Date, the payment will be canceled and no further attempt will be made by Milton Savings Bank to make the transfer or payment.  Milton Savings Bank will attempt to notify you by e-mail or U.S. Postal Mail, but Milton Savings Bank shall have no obligation or liability if it does not complete a transfer or payment because there are insufficient available funds in your account to process a transaction.  In all cases, you are responsible for either making alternate arrangements for the payment or rescheduling the payment through the Bill Payment Service.  In the case of recurring payments, only the payment currently scheduled will be canceled.  Recurring payments scheduled for future dates will not be affected.  In the event you have sufficient funds to make some, but not all, of the bill payments scheduled for a particular payment date, Milton Savings Bank may use such method as Milton Savings Bank, in its sole discretion, may elect in determining which payments to complete.

 

You must schedule the Payment Initiation Date at least four (4) Business Days before any Payment Due Date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period).  If you do not, you will be fully responsible for all late fees, finance charges, or other action taken by the payee.  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 prior.

 

If the session during which you schedule a payment or transfer ends by 7:00 p.m. EST, Milton Savings Bank will be considered to have received it on that day.  Otherwise, it will be considered received the following Business Day.  For all entries made using the service, the time recorded by the On-line Banking Service controls.

 

You may cancel or change a scheduled payment by using the payment screens in the Bill Payment Service.  Payments must be changed or canceled using the Bill Payment Service prior to 7:00 p.m. EST on the Business Day the transaction will be initiated.  If you ask us to cancel a payment after it is issued and we agree to do so, we will charge you a stop payment fee to stop the bill payment.  Stop payment orders, whether oral, written, or electronic, will be in effect for a period of six months.  If requested by Milton Savings Bank, you will confirm any stop payment order in writing within 14 days.  After six months, any stop payment will terminate and must be renewed to continue in effect.  Milton Savings Bank may pay any item that is presented following the lapse of any stop payment order.

 

BILL PAYMENT GUARANTEE

 

Milton Savings Bank reserves the right to refuse any transaction if the Bank believes such refusal is necessary for security reasons, without any liability for damages or fees.  However, if we do not properly complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will reimburse you for any late payment fees or penalties you are charged up to a maximum of $50.00 per scheduled payment.  In order for you to be eligible for reimbursement, you must meet each of the following conditions:

 

-          You must properly schedule the payment to be initiated on a date at least four (4) Business Days prior to the bill’s actual due date.  This means that you must initiate a Single Payment before 7:00 p.m. EST on a Business Day at least four (4) days prior to the bill’s actual due date.  For recurring payments, this means that you must allow additional time for months in which weekends or holidays reduce the number of Business Days between the recurring Payment Initiation Date and the bill’s actual due date.

-          Your must provide us with the correct Payee name, address, phone number, and account information, and with the correct payment amount.

-          On the Payment Initiation Date your checking account must contain sufficient available fund, including overdraft lines of credit, to complete the payment.

-          The late payment fee or penalty, or the method of its calculation, must be published by the payee prior to the bill’s actual due date.

-          The Service will not process any payments less than $1.00 or greater than $99,999.99

-          You can schedule a Payment Due Date up to a year in advance

 

STATEMENTS

 

You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account.

 

TRANSFERS YOU DID NOT MAKE

 

If your statement shows transfers that you did not make, notify Milton Savings Bank immediately at 570-742-8541, or write a letter and send it to:

            Milton Savings Bank

            On-line Banking Department

            80 Broadway

            Milton, PA 17847

 

If you do not notify Milton Savings Bank within sixty (60) days after the statement was mailed to you, you may not recover any money lost after the sixty (60) days which would not have been lost if Milton Savings Bank had been notified in time.

 

ERRORS AND QUESTIONS

 

In case of errors or questions regarding an On-line Banking or Bill Payment transaction, you may call Milton Savings Bank at 570-742-8541, or write a letter and send it to:       

            Milton Savings Bank

            On-line Banking Department

            80 Broadway

            Milton, PA 17847


We must hear from you at the specified telephone number or address no later than sixty (60) calendar days after we sent you the first statement on which the problem or error appeared.  We will need:

-          Your name and account number

-          A description of the error or the transfer in question, and an explanation concerning why you believe it is an error or need more information.

-          The dollar amount of t he suspected error

-          The date on which it occurred.

 

If the report is made orally, we may require that you send the complaint or question in writing within ten (10) Business Days from your initial contact.  We will notify you with the results of the investigation within ten (10) Business Days after you contact us and will correct any error promptly.  If more time is needed, however, we may, at our sole discretion, take up to forty-five (45) calendar days to investigate a complaint or question.  If this occurs, we will credit your account within ten (10) Business Days for the amount you think is in error.  This will allow you to use the money during the time it takes us to complete our investigation.  If your complaint or question is not received in writing within ten (10) Business Days from your original contact, we may not credit your account until the investigation is completed.

 

If your notice of error concerns a transaction that occurred during the first 30 days after the first deposit to the account was made, the applicable time periods are 20 Business Days in place of 10 Business Days and 90 calendar days in place of 45 calendar days.

 

If we determined that no error occurred, we will send you a written notice within three (3) Business Days.  You may request copies of the documents that were used in the investigation.

 

You agree that Milton Savings Bank may respond to you by e-mail with regard to any claim of unauthorized electronic fund transfer related to the Service.  Any such electronic mail sent to you by Milton Savings bank shall be considered received within three (3) Business Days of the date sent by Milton Savings Bank, regardless of whether or not you sign on to the Service within that time frame.

 

LIMIT OF MILTON SAVINGS BANK’S RESPONSIBILITY

 

Milton Savings Bank agrees to make reasonable efforts to ensure full performance of On-line Banking.  Milton Savings Bank will be responsible for acting only on those instructions sent through On-line Banking which are actually received, and cannot assume responsibility for circumstances over which the bank has no direct control.  This includes but not limited to, the failure or malfunctions in communication facilities, which may affect the accuracy of timeliness of messages you send.  Milton Savings Bank is not responsible for any losses should you give incorrect instructions, or if your payment instructions are not given sufficiently in advance to allow for timely payment or delays in mail service.

 

Any information you receive from Milton Savings Bank is believed to be reliable.  However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed.  Milton Savings Bank is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information.

 

Milton Savings Bank is not responsible for any fees incurred for Internet access, or for any computer virus or related problems that may be attributable to services provided by any Internet access service provider.

 

You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing On-line Banking.  Milton Savings Bank will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.

 

The limit of Milton Savings Bank’s liability shall be as expressly set forth herein.  Under no circumstances will Milton Savings Bank be liable in contract, tort, or otherwise for any special, incidental, or consequential damages, whether or not foreseeable.  By consenting to use the Services, you agree to waive any and all right to any of the aforesaid, and you acknowledge that the limit of your remedy is as otherwise expressly set forth herein.

 

MILTON SAVINGS BANK’S RESPONSIBILITY

 

Milton Savings Bank will be responsible for your actual losses if they were directly caused by our failure to:

-          Complete an Electronic Funds Transfer as properly requested

-          Cancel an Electronic Funds Transfer as properly requested

 

However, we will not be responsible for your losses if:

 

-          Through no fault of Milton Savings Bank, you do not have enough money in your account to make the transfer

-          Circumstances beyond our control (e.g., fire, flood, power outage, mail delivery delays, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken

-          There is a hold on your account, or if access to your account is blocked in accordance with banking policy

-          Your funds are subject to legal process or other encumbrance restricting the transfer

-          Your transfer authorization terminates by operation of law

-          You believe someone has accessed your accounts without your permission and you fail to notify Milton Savings Bank immediately

-          You have not properly followed the scheduling instructions, included in this Agreement, to make a transfer or the Payee refuses the Service

-          For the failure of any payee to correctly account for or credit the payment in a timely manner

-          We have received incomplete or inaccurate information for you or a third party involving the account or transfer

-          For changes to the payee’s address or account number (unless you have advised us of the change within three (3) Business Days in advance)

-          We have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring, or if you default under this Agreement, the Deposit Account Agreement, or any other agreement with us, or if we or you terminate this Agreement.

 

There may be other exceptions stated in this agreement and in other agreements with you.  In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages.

 

If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.

 

ELECTRONIC MAIL (E-MAIL)

 

If you send Milton Savings Bank an electronic mail message through the service, Milton Savings Bank will be deemed to have received it on the following Business Day.  E-mails will be answered within a reasonable timeframe.

 

You should not rely on electronic mail if you need to communicate with Milton Savings Bank immediately (e.g., if you need to report an unauthorized transaction from one of your accounts, or if you need to stop a payment that is scheduled to occur).

 

You agree that Milton Savings Bank may respond to you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make.  Any such electronic mail sent to you by Milton Savings Bank shall be considered received within three (3) Business Days of the date sent by Milton Savings Bank, regardless of whether or not you sign on to the Service within that timeframe.

 

ELECTRONIC ALERTS/MESSAGES

 

Internet banking alerts allows you to set up automated alert events based on your own criteria to be alerted upon.  Alerts may be sent via e-mail or in an online message box within Internet banking, or both.  E-mail alerts will be sent to the e-mail address you provide in creating the alert.

-          Milton Savings Bank may add or remove types of alerts from time to time.

-          If you change your e-mail address you are responsible for changing this in the alerts you have already set up.

-          You agree that alerts may be delayed or prevented for a variety of reasons.

-          We do not guarantee the delivery or validity of the contents of any alert.

-          You agree that we shall not be liable for any delays, delivery failure or misdirected delivery of any alert.

-          You agree that we shall not be liable for any actions taken or not taken by you or anyone else in reliance of an alert.

-          Milton Savings Bank will never include your password or full account number in an e-mail alert; however you understand that alerts may include your name and some information about your accounts.

-          Unfulfilled events (events that do not happen) will only remain on the system for 999 days.  You will not be notified when they are removed.

-          Distributed events (events that have happened and have been viewed) will remain on the system for 30 days.

 

OTHER AGREEMENTS

 

In addition to this Agreement, you and Milton Savings Bank agree to be bound by and comply with the requirements of the agreements applicable to each of your On-line Accounts.  Your use of the On-line Banking service or the Bill Payment Service is your acknowledgement that you have received these agreements and intend to be bound by them.  You should review other disclosures received by you when you open you accounts at Milton Savings Bank, including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule at the end of this Agreement.  We will automatically deduct any fees related to this Service from your Bill Pay Account each month.  All terms and conditions of the disclosures provided to you at account opening, including but not limited to, the Truth in Savings, Regulation E Disclosure, Depositor’s Agreement and Terms and Conditions apply to this Service.

 

MODIFICATIONS TO THIS AGREEMENT

 

Milton Savings Bank may modify the terms and conditions applicable to either Service from time to time upon mailing or delivering a notice of the modifications to you at the address shown on our account records, and the revised terms and conditions shall be effective at the earliest date allowed by applicable law.  We may send any notice to you via electronic mail and you will have been deemed to have received it three (3) days after it is sent.  We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.

 

DISCLOSING INFORMATION TO THIRD PARTIES/PRIVACY POLICY

 

A copy of Milton Savings Bank’s Consumer Privacy Policy is available upon request at any of our branches, or can be mailed to you upon request by calling Milton Savings Bank at 570-742-8541, or writing a letter and sending it to:

                        Milton Savings Bank

                        On-line Banking Department

                        80 Broadway

                        Milton, PA 17847

 

You can also access our Privacy Policy online by clicking on the Privacy Policy link on the Milton Savings Bank website.

 

INACTIVITY/TERMINATION

 

You are responsible for complying with all the terms of the Agreement and with the terms of the agreement governing the deposit accounts which you access using electronic banking services.

 

We can terminate your On-line Banking privileges (including the Bill Payment Service) under this Agreement without notice to you for any reason; or if you do not pay any fee required by this Agreement when due, if you do not comply with the Agreement governing your deposit or loan accounts, or your accounts are not maintained in good standing.  We will promptly notify you if we terminate this Agreement or your use of the services for any other reason.

 

If you are not paying a monthly service charge for the Service, we may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 180 day period.  If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.

 

To cancel the On-line Banking and/or Bill Payment Service, you must notify Milton Savings Bank.  Your notification should include your name, address, and the effective date to stop the service(s).  When Bill Payment is terminated, any pre-scheduled bill payments made through On-line Banking will also be terminated.  Your final charge for the Bill Payment Service will be assessed at the end of your statement cycle.  You may notify Milton Savings Bank by one of the following methods:

 

-          By initiating a customer inquiry through our Web Site

-          By calling 570-742-8541

-          By writing a letter and sending it to:

                 

 

            Milton Savings Bank

            On-line Banking Department

            80 Broadway

            Milton, PA 17847

 

GOVERNING LAW

 

This Agreement is governed by the laws of the Commonwealth of Pennsylvania and applicable Federal Law(s).

 

FEE SCHEDULE

 

Milton Savings Bank offers the benefits and convenience of the On-line Banking service to you at no monthly charge.  Account research, stop payment charges, and Bill Pay Services will be assessed at the rates published in Milton Savings Bank’s Fee Schedule and deducted from your Bill Pay Account or another account you hold at Milton Savings Bank.

 

These fees are subject to change.  Milton Savings Bank will notify you in writing regarding any fee changes at least thirty (30) days in advance of the effective date of these changes.

 

 

 

 

Last Revised: December 13, 2005

 

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