This Agreement is a contract which establishes the rules which cover your electronic access to your accounts at Maspeth Federal Savings ("BANK") through MFS Online Connect. When you use or access or permit any other person(s) or entity to use the MFS Online Connect ("SYSTEM") you accept and agree to all the terms and conditions of this Agreement. Please read it carefully.
The terms and conditions of the deposit agreements and disclosures for each of your Maspeth Federal accounts as well as your other agreements with Maspeth Federal, such as loans, continue to apply notwithstanding anything to the contrary in this Agreement.
This Agreement, except to the extent this Agreement can and does vary such rules or laws, is also subject to applicable federal laws and the laws of the State of New York. If any provision of the Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (expressed or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and Maspeth Federal's successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the registration form, constitutes the entire agreement between you and Maspeth Federal with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.
As used in this Agreement, the words "we" "our", "us" and BANK mean Maspeth Federal Savings. "You" and "your" refer to the accountholder authorized by Maspeth Federal to use MFS Online Connect under this Agreement and anyone else authorized by that accountholder to view account information and/or effect transactions in an account or to exercise control over the accountholder's funds through MFS Online Connect. "Account" or "accounts" means your accounts at Maspeth Federal. “Electronic funds transfer” means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your Maspeth Federal accounts using MFS Online Connect, including bill payments within the United States. "SYSTEM Services" means the services provided pursuant to this Agreement, including the Bill Payment Service. “Bill Payment Services” exclude any payments prohibited by Law. “Business days” means Monday through Friday. Bank Holidays are not included.
In order to use MFS Online Connect you will need the type of computer(s), related equipment, and software described in the MFS Online Banking "Help" tab. You are responsible for obtaining and the installation, maintenance, and operation of your Computer and the software necessary for you to access MFS Online Connect in accordance with such requirements as may (1) be provided by the equipment manufacturers and (2) any other documentation that we provide to you. You agree that you will use a reputable anti-virus software program on your equipment and that such equipment and software will be periodically updated in accordance with a commercially reasonable schedule. The Bank is not responsible for any errors or problems that arise from the failure or malfunction of your equipment, software or hook-up. The Bank is not responsible for any Computer virus related problems that may be associated with your use of MFS Online Connect.
The Bank shall have no liability to you for any damages or other, loss, direct or consequential, which you may suffer or incur by reason of the use of your Computer or your software.
You agree to be responsible for any telephone or other charges that you incur by accessing your Accounts through MFS Online Connect.
You are responsible for obtaining internet services from a responsible and reputable internet provider of your choice and you are also responsible for any fees or charges which may be imposed by such internet service provider. You expressly assume all internet risks to the extent that the law allows or requires. We are not responsible for any internet access services you may choose.
To use MFS Online Connect, you must have an account at Maspeth Federal, access to Internet service, and an e-mail address. Should you wish to enroll in MFS Online Connect Bill Payment Service, you will need at least one checking account. Once we have received your online registration, signed registration form, and verified your account information, we will send you, by e-mail, confirmation of our receipt of your registration along with your log-in ID and temporary password.
We are under no obligation to monitor the transactions through MFS Online Connect to determine that they are made on behalf of the accountholder or that your computer or software or any communications from your system or into your system is secure.
You can use MFS Online Connect to check the balances of your Maspeth Federal accounts, view Maspeth Federal account histories, transfer funds between your eligible Maspeth Federal accounts, order checks, make stop payment requests, view checks, and pay bills from your checking account in the amounts and on the dates you request if you have requested the Bill Payment Service.
The bank may from time to time introduce new or additional services to MFS Online Connect. Maspeth Federal may notify you of such services when they become available. By using such new services when they become available, you agree to be bound by the rules concerning such services which may be sent to you and/or posted on the website maintained by the Bank (www.maspethfederal.com ).
Hours of Service Availability
MFS Online Connect is available 24 hours a day, seven days a week, although some or all MFS Online Connect services may not be available occasionally due to emergency or scheduled system maintenance. We agree to post notice of any extended periods of non-availability on the MFS web site.
We may, at our option, change the parameters for the password used to access MFS Online Connect without prior notice to you and if we do so you will be required to change your password the next time you access MFS Online Connect.
For security purposes, you are required to change your password upon your initial login to MFS Online Connect. You determine what password you will use and the identity of your password is not communicated to us. You agree that we are authorized to act on any instructions received under your password. You accept responsibility for the confidentiality and security of your password. Upon three unsuccessful attempts to use your password, your access to MFS Online Connect will be revoked. To re-establish your authorization to use MFS Online Connect, you must contact us to have your password reset.
We recommend that you create a password that utilizes both upper and lower case alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children and should be memorized rather than written down.
You have the ability to change your password online, and you must do so immediately if you believe your password has been used or accessed without your permission. You must also notify the Bank immediately, by telephone and in writing if you believe that your Password has become known to an unauthorized person or that an unauthorized person has gained access to the Service. Telephone notice shall be given by calling the Maspeth Federal Operations Support Department (718-335-1300) during regular business hours. The furnishing of any such notice shall not relieve the Customer of any liability for loss, whenever occurring, caused by such unauthorized use.
You understand the importance of your role in preventing misuse of your accounts through MFS Online Connect and you agree to promptly examine your paper statement for each of your Maspeth Federal accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver's license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your password and login ID are intended to provide security against unauthorized entry and access to your accounts.
You specifically agree that:
Maspeth Federal may not immediately receive e-mail that you send. Therefore, you may not rely on e-mail if you need to communicate with the Bank immediately. For example, if you need to report an unauthorized transaction from one of your accounts, you should contact the Bank immediately by (a) calling 718-335-1300 and (b) confirming your oral report by writing to the Bank. The Bank will not take actions based on your e-mail requests until the Bank actually receives your message, can verify its identity and authenticity and has a reasonable opportunity to act.
There are no monthly or transaction fees for accessing your account(s) through MFS Online Connect. However, Maspeth Federal Savings reserves the right to impose a fee for MFS Online Connect services by procedures outlined in this Agreement. The service charges and fees provided for in your deposit and loan agreements, if applicable, will continue to apply. You authorize the Bank to deduct all applicable fees from your checking account.
The number of transfers from Maspeth Federal accounts and the amounts which may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
The Bank reserves the right to limit the frequency and dollar amount of transactions from your accounts for security or credit reasons, as the Bank may determine at any time and from time to time at its sole discretion.
If funds are withdrawn from any of your accounts by means of any transfer, other than through MFS Online Connect, and if the account contains insufficient funds to enable both the electronic funds transfer and the MFS Online Connect transfer to be made, then the other transfer will have priority and the MFS Online Connect transfer will either be refused or result in an overdraft of such account, at the Bank's discretion.
If applicable, any overdraft that you may incur through your use of MFS Online Connect is subject to the terms of your overdraft line of credit agreement.
This section shall not be applicable unless you have chosen to use the MFS Online Connect Bill Payment Service.
MFS Online Connect Bill Payment is an electronic payment system that permits you to initiate and authorize payments from your designated account to a merchant or business ("payee") which you have selected in advance to receive such payments.
To use MFS Online Connect Bill Payment for bill payments, you may designate anyone of your checking accounts as your Bill Payment Account. An account that requires two or more signatures to make withdrawals may not be designated as a Bill Payment Account. You can arrange, at your option, for the payment of your current, future and recurring bills from your Bill Payment Account each Bank business day. You may select payees from your list of merchants or businesses, including your mortgage loan with the Bank. By furnishing the Bank with the names and account numbers of payees you select and certain other information we may request, you authorize the Bank to follow your payment instructions to these payees as received by the Bank through your use of MFS Online Connect Bill Payment. You may access your list of payees or merchants (online) to verify which new payees have been added.
You have the option of setting up a payee as one of two bill payment types: (1) recurring payments, which are payments of a fixed amount that are paid at a regular interval, such as monthly (e.g. rent, mortgage, etc.) or (2) variable payments, which are payments that vary in amount and/or date (e.g. utility, credit card, etc.). After you have established a recurring or variable payment authorization, the Bank will execute MFS Online Connect Bill Payments according to your pre-existing instructions until you have properly notified Maspeth Federal, in accordance with the Bank's procedures in effect at that time, of any cancellation of or change to your instructions.
Recurring payments will be sent on the same calendar day of each month or on the following business day if the regular payment day does not fall on a business day. For the purpose of MFS Online Connect Bill Payment services, a business day does not include Saturdays, Sundays and Bank Holidays as observed by Maspeth Federal Savings.
When you have entered and transmitted payment instruction, you authorize Maspeth Federal to charge your Bill Payment Account for the amount of your payment. You are responsible for all transactions made using MFS Online Connect Bill Payment, including any bill payments that you may unintentionally or inadvertently authorize or make, and any losses, charges or unauthorized charges made with your password or penalties incurred as a result (unless otherwise provided by law or regulation). You are responsible for providing us with the proper payee identification information, including the payee's address, telephone number, and your identification or account number with the payee. If any of your payee information changes after you enroll, you are responsible for notifying us of these changes. If you instruct us to make a payment to a particular payee and fail to give us the correct identification information, we are not responsible or liable in connection with such a transfer. You must deal directly with the parties involved to correct such a transaction.
When the Bank receives a payment instruction, the Bank will remit funds to the payee on your behalf from the available funds in your designated Bill Payment Account no later than three to five business days after you have so instructed the Bank (a "Current Payment"), unless your instruction is to make payment on a future date (a "Future Payment"); provided however, that the Bank shall not be obligated to make any payment unless your Bill Payment Account has sufficient funds available to cover the payment on the date the Bank processes such debits to such account. You have the right to stop or change any scheduled payment provided that your stop or change request is received prior to the payment being posted to your account, as required by law or regulation.
Any payment made through MFS ONLINE CONNECT BILL PAYMENT requires sufficient time for your payee to credit your account properly. To avoid imposition of a finance charge or other charges by the payee, you must authorize and schedule payment on a date sufficiently in advance of the due date of your payment. All payments through MFS ONLINE CONNECT BILL PAYMENT must be authorized and scheduled so the payment is at least ten (10) business days prior to the date that payment is due. You are responsible for any late payments, fees, costs or finance charges. The bank shall not be responsible for any charges imposed or other action taken by a payee resulting from a late payment.
Stopping the payment of a check is different from the cancellation of a bill payment. Once the bill payment has been debited from your account, you CANNOT cancel or stop a bill payment which has been paid electronically. You may initiate stop payment requests via MFS Online Connect only for paper checks you have written (non-electronically) on your BANK accounts. All requests to stop payment will incur the standard “stop payment charge.”
You will not receive a separate MFS Online Connect statement. Transfers to and from your account using MFS Online Connect will appear on the respective periodic paper statements for your BANK accounts.
We may amend or change any term or condition of this Agreement at any time in our sole discretion. If the change would result in fees for any MFS Online Connect service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 21 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on the bank's MFS Online Connect web site or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the MFS Online Connect Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures. PLEASE ACCESS MFS Online Connect AND REVIEW THIS AGREEMENT REGULARLY.
The bank's duties and responsibilities are limited to those described in this agreement and in any deposit agreement(s) between the customer and the bank. The bank will not be responsible to the customer for monetary loss sustained by the customer, as a result of a transfer of funds or otherwise, except to the extent that such loss is caused by the bank's gross negligence or willful misconduct. Neither the bank nor owner shall be responsible to the customer for loss, destruction, or alteration of any programs or data submitted to or output from the system, or for any loss or damages, resulting from any defects, errors or omissions in, or improper operation of, the system. Any data may be lost or even destroyed in the event the system fails. If such any event occurs during the performance of a transaction or shortly before, you should, through an outside source, verify that transaction as you may assume the risk of loss of any data during such failure or interruption.
We are granting to you, for your personal use only, a non-exclusive, limited, revocable right to access and use MFS Online Connect services. You agree that you will not use, or allow MFS Online Connect to be used for any other purpose or the reselling of any service or use or for any commercial purpose, without our prior written consent.
Without limiting the generality of the forgoing, the bank will not be liable for completing transfers in any of the following situations:
Notwithstanding anything herein or in any agreement to the contrary, in no event shall the Bank be liable for any consequential, incidental, indirect or special losses or damages, even if the Bank is notified of the possibility of such losses or damages.
Except as specifically set forth in this agreement or where Laws or Regulations require otherwise Maspeth Federal makes no representations or warranties of any kind, express or implied, including, without limitation, warranties of merchantability or of fitness for a particular use or purpose, with regard to the service or the system. We do not and cannot warrant MFS Online Connect will operate without errors, or that any or all MFS Online Connect Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to MFS Online Connect, (use of any online service is at your own risk) including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of Bank exceed the amounts paid by you for the services provided to you through MFS Online Connect. The Bank makes no representation that any online service will be secure, uninterrupted or timely.
You may cancel your MFS Online Connect service at any time by providing us with written notice. Your access to MFS Online Connect will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
You agree that we can terminate or limit your access to MFS Online Connect Services for any of the following reasons:
This agreement and any action or proceeding brought with regard to this agreement shall be governed by the Laws of the State of New York and shall be brought in the State or Federal Court having Jurisdiction within the County of Queens.
The following provisions apply only where the Customer is a natural person whose accounts are established primarily for personal, family or household purposes ("Consumer"). In the event of any inconsistency with the other provisions of the MFS Online Connect Agreement the following terms and conditions shall control with regard to Consumers:
A. Electronic Funds Transfer Act and Regulation E and UCC Article 4A (NY)
Some of the transactions permitted through the Service are governed by the Electronic Funds Transfer Act (EFTA) and its implementing regulation, Regulation E ("Reg. E") and UCC Article 4A (NY). Some of the terms and conditions of this Agreement are disclosures required by Reg. E.
B. Right to Stop Payment
Under the Electronic Funds Transfer Act ("EFTA") you have certain stop-payment rights and obligations for "preauthorized electronic funds transfer" or "PEFT". A "PEFT" is an electronic funds transfer that is authorized in advance and is scheduled to recur on a periodic basis. One-time transfers authorized in advance, however, are not a "PEFT" and are governed by the MFS Online Connect Bill Pay Agreement.
You can stop any PEFT by calling or writing to us at least three (3) business days before the payment is scheduled to be made. If you stop payment by telephone, we may also require you to send us your request in writing within fourteen (14) days after you call.
You may have an opportunity to stop a one-time transfer authorized in advance by calling or writing us at least three (3) business days before the payment is scheduled to be made. The EFTA, however, does not obligate us to honor this request, and we do not guarantee that such a stop-payment will be made on time. Furthermore, you should realize that a one-time electronic funds transfer is irrevocable and cannot be stopped if it is scheduled to be made within three business days of our receiving the notice.
C. Customer Liability
You should notify the Bank immediately if you believe any of your accounts have been accessed or your password has been used without your permission. You have the ability to change your password online, and should do so immediately if you believe your password has been used without your permission.
If someone used your password without your permission, you can lose no more than $50.00 if you notify the Bank within two (2) business days of discovering any unauthorized use of your password.
However, you can lose as much as $500.00 if you do not notify the Bank within (2) business days of discovering the unauthorized use and the Bank can prove that it could have prevented the unauthorized use had it been notified.
If you do not report unauthorized transactions that appear on any of your periodic statements within (60) days after the first statement, is mailed to you, upon which the error appeared, you risk unlimited losses on transactions made after the (60) day period has passed if the Bank can show that it could have prevented the unauthorized use had it been notified within this sixty (60) day period. If the report is by telephone or in person at the Bank, we may require that your questions be forwarded in writing within ten (10) business days to Maspeth Federal Savings Operational Support Department, 56-18 69th Street, Maspeth NY 11378.
At the Bank's sole discretion, we may extend the time periods. You are fully obligated to us to provide sufficient funds for any payments or transfers you make or authorize to be made. If we complete a payment or transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction, you agree that we may reverse the transaction or offset the shortage with funds from any other deposit accounts(s) you have with us to the extent permissible by the applicable law and the terms of any relevant agreement.
D. Error Resolution
This section applies only to electronic funds transfers governed by the EFTA and Reg. E and UCC Article 4A (NY). In case of errors or questions about your MFS Online Connect transactions, please telephone the Operations Support Department at (718) 335-1300.
If you think your statement is wrong or if you need more information about a transaction listed on the statement, the Bank must hear from you no later than sixty (60) days after it sends or delivers to you the Maspeth Federal statement on which the problem or error appeared. If not timely received, the statement will be deemed correct. If you requested more information about a problem or error, the Bank must hear from you within sixty (60) days after it sends or delivers that information to you.
We will determine whether an error occurred within ten (10) business days after we hear from you
and will correct any error promptly. If the Bank needs more time, however, it may take up to forty five (45) days from the date you notify us in writing to investigate your complaint or question. If we decide to do this, the Bank will re-credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes the Bank to complete its investigation. If the Bank asks you to put your complaint or question in writing and does not receive it within ten (10) business days, the Bank may not re-credit your account.
If the Bank decides that there was no error, it will send you a written explanation within three (3) business days after it finishes its investigation. You may ask for copies of the documents that the Bank used in its investigation.
E. Amendment of Agreement
Where the EFTA and Reg. E apply, the Bank may amend this Agreement at any time by sending notice to you by mail, or, to the extent permitted by law, by e-mail or electronic communication through MFS Online Connect, at least twenty-one (21) days before the effective date of the amendment. Where the EFTA and Reg. E apply, notice is always required if the change would result in:
If the EFTA and Reg. E apply, we are not required to give notice if an immediate change in terms or conditions is necessary to maintain or restore the security of an account or an electronic funds transfer system. However, if such a change is permanent, and disclosure would not jeopardize security, we will notify you in writing on or with the next scheduled periodic statement or within thirty (30) days of making the change permanent.
If the EFTA and Reg. E do not apply to a particular transaction, and other state or federal laws do not specify any notice or other requirements for an amendment, we will decide what kind of notice (if any) we will give you and the method of providing any such notice.
Your continued use of the Service is your agreement to any amendment(s) to or changes of the Agreement, unless prohibited by applicable laws.
F. Joint Accounts
The provisions of this section apply if any of your accounts with us is a joint account. As a holder of a joint account, you are jointly and severally liable under this Agreement. Each of you acting alone, under your separate and unique password, may perform transactions, obtain information, stop or change payments or transfers, terminate this Agreement or otherwise transact business, take actions or perform under this Agreement. We are not required to obtain consent of, or notify the other one of you about the actions of the other. However, each of you will only be permitted to access accounts for which you are an owner or authorized user.
Each of you individually releases us from liability and agrees not to make a claim or bring any action against us for honoring or allowing any actions or transactions where the person performing the action or transaction is one of you or is otherwise authorized by you to use the Service to effect transactions in your accounts. Each of you agrees to indemnify us and hold us harmless from any and all liability (including but not limited to, reasonable attorney's fees) arising from any such claims or actions.