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Terms & Conditions

As a condition of using and accessing this site, you agree to these terms and conditions. Please read these carefully. Marblehead Bank reserves the right to modify these from time to time without prior notice.

I. General Terms and Conditions

These online banking terms and conditions (the “Terms and Conditions”) between you and Marblehead Bank (“we,” “our,” “us,” “the Bank,” or “Marblehead Bank”) govern your use of our online banking services and are effective as of the date you accept these Terms and Conditions or access an Online Service (as defined below). As a condition of your using and accessing any Online Service, you agree to these Terms and Conditions. Please read the Terms and Conditions carefully. We reserve the right to modify these Terms and Conditions from time to time without prior notice. These Terms and Conditions can be found on our website (“website”) located at www.marblebank.com.

Our online banking services include (each a “Service” and collectively, the “Internet and Mobile Services”):

1. Internet Banking

2. Mobile Banking

3. External Transfers

4. Touch ID Access

5. Personal Finance

6. Bill Payment

7. Online Statements

8. Electronic Notices

9. Tax Forms

10. Other services as may be added from time to time.

The Internet and Mobile Services shall be governed by these Terms and Conditions, which include: I. General Terms and Conditions and II. Additional Terms and Conditions for each Service. Certain Internet and Mobile Services are provided on our behalf by a service provider and may be governed by additional terms and conditions of the service provider, which you will be asked to agree to upon signing up for the additional service.

Your deposit and credit accounts with us continue to be governed by the terms and conditions contained in our Personal Account Agreement, Funds Availability Disclosure and Signature Card for consumers or the Business Account Agreement and Signature Card for business customers.

Electronic Funds Transfer Disclosure and Agreement

If you are a consumer, these Terms and Conditions are also supplemented by the Electronic Fund Transfer Disclosure and Agreement.

View the Electronic Funds Transfer Disclosure and Agreement PDF.

Modifications and Amendments

We reserve the right to change or modify these Terms and Conditions at any time. If we do so, we will post the changes on this page or provide notice to you as required by applicable law. Any such changes will become effective upon your continued use of the Internet and Mobile Services after any such changes or modifications are made or as otherwise required by applicable law.

Risk, Warranty and Liability

You agree that your access and use of the Internet and Mobile Services is at your own risk. You agree that we are not responsible for any electronic virus that you may encounter using our website or the sites of our service providers. From time to time, we may provide links to other sites and third parties may provide links to our site. We do not endorse or warrant the products, services or content of any entity linked to our site and we are not liable or responsible for any content or information contained therein.

All information available through our website is provided “as is” and we do not warrant the accuracy, adequacy or completeness of the information or materials provided on our website and we expressly disclaim liability for errors or omissions in the information or materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, or fitness for a particular purpose is given with the information contained herein.

We and our service providers reserve the right to change, suspend or discontinue any or all of the Internet and Mobile Services or suspend or discontinue your access to any or all of the Internet and Mobile Services at any time without prior notice.

In no event shall we or any of our service providers be liable to you or any user, person or entity for any damages including without limitation, direct or indirect, consequential, punitive, exemplary or incidental damages or lost profits arising from use or non-use of the Internet and Mobile Services or our website or any linked website (even if advised of the possibility of such damages), subject to applicable law.

Financial calculators are provided for illustrative purposes only. You are responsible for verifying the accuracy and suitability of all assumptions and calculations.

Indemnity

You acknowledge and agree that you are responsible for your conduct while using the Internet and Mobile Services and you agree to defend, indemnify and hold harmless Marblehead Bank, its service providers and their officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including settlement amounts and reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use or misuse of the Internet and Mobile Services, your violation of these Terms and Conditions or your infringement, or infringement by any other use of the Internet and Mobile Services, of any intellectual property or other right of anyone.

Technical Security Information

Security of Internet and Mobile Services is based on Secure Socket Layers (SSL) technology, which employs a 128-bit public-key encryption code. This system uses a public key for encryption and a private key for decryption of the encrypted key and the data exchanged on the Internet. Each individual transaction relies on a unique session-specific set of keys to further limit the exposure of data.

Limitations of Services

When using the Internet and Mobile Services, you may incur technical or other difficulties. We nor our service providers are responsible for any technical or other difficulties or any resulting damages that you may incur. Any information displayed or provided as part of the Internet and Mobile Services is for informational purposes only, may not reflect your most recent transactions, and should not be relied on for transactional purposes. It is your responsibility to install and periodically update virus protection software on your computer and to routinely scan your computer using an up-to-date virus protection product.

Ownership

You agree that we and our service providers, as applicable, retain all ownership and proprietary rights of the Internet and Mobile Services, associated content, technology, mobile applications and websites.

Unauthorized Use and Errors for Consumer Accounts

If you suspect that your Internet and Mobile Services User ID or password has been used (or may be used) without your permission, please call (781) 631-5500 or 1-800-475-1871 immediately. You must tell us AT ONCE if you believe your User ID or password, or both, has been lost, stolen, or used (or may be used) without your permission. You could lose all of the money in your account(s), if you do not telephone us promptly. If you notify us within two (2) business days after you discover your User ID or password or other means of access to your account has been lost or stolen, you can lose no more than $50.00 if someone used your User ID or password without your permission.

If you do NOT notify 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 User ID, password or other means to access your account if you had notified us, you could lose as much as $500.00.

Massachusetts Consumers: You can lose no more than $50.00 if you fail to give us notice of your User ID or password being used without your permission.

If your statement shows transfers that you did not make, including those made by your User ID, password, or other means, notify us immediately. If you do not notify us within sixty (60) days after the statement containing the unauthorized activity was sent to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you notified us in time. If a good reason (such as a long trip or a hospital stay) kept you from notifying us, we may extend this time period.

In case of an error or question about your payments or transfers, you should notify us immediately by one of the following:

Marblehead Bank
ATTN: Deposit Operations
21 Atlantic Ave.
P.O. Box 27
Marblehead, MA 01945

If you inform us orally, we may require that you send your complaint in writing within ten (10) business days after your oral notification to us. We will determine whether an error occurred within ten (10) business days (twenty (20) business days for new accounts) 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) business days to investigate your complaint or question following the date you notified us. If we decide to do this, we will credit your account(s) 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 us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive your written complaint within ten (10) business days, we may not credit your account.

For errors involving new accounts, we may take up to ninety (90) business days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.

We will provide you with the results within three (3) business days after completing our investigation. If it is determined that there was no error, we will mail you a written explanation. You may ask for copies of documents used in our investigation. We may revoke any credit provided to you if we find an error did not occur.

Unauthorized Use and Errors for Business Accounts

Business accounts are not subject to the same rules as consumer accounts for unauthorized use and errors. YOU ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY UNAUTHORIZED TRANSACTIONS ON ANY BUSINESS ACCOUNT OR FOR ANY ACCESS, PAYMENTS, TRANSFERS OR OTHER TRANSACTIONS INVOLVING ANY ACCOUNT LINKED TO YOUR INTERNET BANKING SERVICE BY YOU OR BY ANY ADDITIONAL USERS.

In case of an error or question about your payments or transfers, you should notify us immediately by one of the following:

Marblehead Bank
ATTN: Deposit Operations
21 Atlantic Ave.
P.O. Box 27
Marblehead, MA 01945

We will use commercially reasonable efforts to correct any errors, but we will not be liable for any losses or damages you may incur through the Internet and Mobile Services unless they are the result of our gross negligence or willful misconduct.

We shall be entitled to rely on the apparent authority of any person who accesses our Internet and Mobile Services using your User ID and password. Except as otherwise provided by applicable law, you agree to indemnify us and hold us harmless for any loss or expense caused by any person who accesses our Internet and Mobile Services using your User ID and password.

Disclaimer

Our Internet and Mobile Services are not intended to provide legal, tax or financial advice. Certain portions and/or functionalities of our Internet and Mobile Services are provided as strictly educational in nature and are provided with the understanding that neither we nor our service providers are engaged in rendering accounting, investment, tax, legal, or other professional services. If legal or other professional advice, including financial, is required, the services of a competent professional person should be sought. We and our third-party service providers specifically disclaim any liability, loss, or risk incurred as a consequence, directly or indirectly, of the use and application of any of the content on this site. Further, we and our third-party service providers are not responsible for any investment decisions or any damages or other losses resulting from decisions that arise in any way from the use of the Internet and Mobile Services or any materials or information accessible through it. Past performance does not guarantee future results. We and our third-party service providers do not warrant that the Internet and Mobile Services comply with the requirements of the Financial Industry Regulatory Authority (FINRA) or those of any other regulatory body or governmental entity or agency.

User Conduct

You agreenot to use the Internet and Mobile Services or the content or information delivered through the Internet and Mobile Services in any way that would: (a) be fraudulent or involve the sale of counterfeit or stolen items (including but not limited to use of the Online Service to impersonate another person or entity); (b) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) create liability for us or our service providers or cause us to lose the services of our service providers; (d) access the information and content programmatically by macro or other automated means; or (e) use the Internet and Mobile Services in such a manner as to gain unauthorized entry or access to computer systems.

Cancellation of Services

To cancel any Internet and Mobile Services, please provide written notification to us at: Marblehead Bank, P.O. Box, Box 27, Marblehead, MA 01945, Attention: On-line Banking or through our secure email service.

Export Restrictions

You acknowledge that the Internet and Mobile Services and any software underlying such Internet and Mobile Services are 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 software or Services, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. 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 the Internet and Mobile Services may include technical data subject to export and re-export restrictions imposed by U.S. law.

Governing Law

These Terms and Conditions shall be construed and governed exclusively by the laws of the Commonwealth of Massachusetts and applicable federal law, without regard to any conflict of laws provisions. In the event of any conflict between the provisions of these Terms and Conditions and any applicable law or regulation, these Terms and Conditions shall be deemed modified to the extent necessary to comply with such law or regulation.

Other Provisions

Neither these Terms and Conditions nor any portion hereof shall be assigned, sub-licensed or otherwise transferred by you without our or our third-party service provider’s prior written consent.

II. Additional Terms and Conditions

Internet Banking

Internet banking services (“Internet Banking”) allows each user the ability to access the user’s authorized and/or eligible accounts for:

  1. inquiries of balances and transactions
  2. transfers between accounts
  3. payment of loans with Marblehead Bank by accounts
  4. images of documents paid on accounts
  5. secure communication with Marblehead Bank
  6. other financial and informational services

Internet Banking is a free service provided by us and may be discontinued at any time at our discretion.

Upon application, you will be given a unique User ID and password to access the Internet Banking system. Your User ID and password are specific to you as an individual accessing your accounts, as well as identifying yourself to us as the person accessing the Online Service. You agree to:

If multiple parties to an account wish to access the Internet Banking services via Internet access, each party must obtain a separate and distinct User ID and password.

Internet Banking uses a secure email system to receive and respond to various customer service requests, such as stop payments or check reordering. We recommend this method of communication for any electronic correspondence to us as opposed to conventional email, which is not secure. Our response time depends on the timeliness of our receipt of your email and requires that we have reasonable time to act upon the request.

You understand and agree that use of or connection to the Internet is inherently insecure and that such a connection provides opportunity for unauthorized access by a third party to your computer systems, networks, and any and all information stored therein. All information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. We shall not be responsible for any adverse consequences whatsoever of your connection to, or use of, the Internet, and shall not be responsible for any use by you of an Internet connection in violation of any law, rule, or regulation or violation of the intellectual property right of another.

Do not use the secure email system to report a lost or stolen ATM or debit card. You must call 1-800-475-1871. If this number is not available, you may call the Hotline number at 1-800-554-8969. If your User ID is dormant for a prolonged period of time for security purposes, we may restrict access and require you to submit a request for your User ID and password to be unlocked and re-enabled for access. Fees for online requests such as stop payments, check copy requests or the like may apply. See our current Consumer Fee Schedule located on our website for more information.

For your own protection, you will be logged off from the Internet Banking Service if there is prolonged inactivity during your online session.

If the Internet Banking Service is not available due to malfunction of the system or circumstances beyond our control, you agree to access accounts by other means such as visiting our office, ATM access, check, debit card or by calling us. We and our third-party service providers will not be responsible or liable for any expenses incurred as a result of the Online Service being unavailable.

Mobile Banking

You have the option to enroll for our mobile banking services (“Mobile Banking”). Our Mobile Banking is provided to you by us in partnership with our third-party service provider and licensor with its mobile technology solution, FIS. As part of the enrollment process, you will be required to agree to an End User License Agreement for the downloadable app, Marblehead Bank Mobile and MB Business Mobile, enabling us to provide you with Mobile Banking. The End User License Agreement is a legal agreement between you and the Licensor for use of the Mobile Banking App.

To use Mobile Banking, you must download the iPhone® or Android® Marblehead Bank Mobile application (the “Mobile App”). You can download the free Mobile App on your mobile device by searching for “Marblehead Bank” through the App Store from your iPhone® or iPad® or the Google Play store from your Android device. You may use the Mobile App combined with your mobile text messaging capabilities to use certain of the Internet and Mobile Services that are made available through the Mobile App, including checking account balances, viewing transactions and locating a branch office. For help with the Mobile App, text “HELP” to 79680. To cancel your Mobile Banking, text “STOP” to 79680 at any time. In case of questions, please contact our customer service at (781) 631-5500 during our normal business hours.

You are responsible for any charges or fees that your wireless carrier may charge for any related data or messaging services, including without limitation for short message service.

1. You are solely responsible for the content transmitted through the text messaging platform to us. You must provide source indication in any messages you send (e.g., mobile telephone number, “From” field in text message, etc.)

2. We will use commercially reasonable efforts to make Mobile Banking available for your use. We do not promise that it will always be available for your use. Mobile Banking may be unavailable for short periods of time for regular or emergency system maintenance, and we may elect to discontinue Mobile Banking or your access to Mobile Banking at any time at our sole discretion. Accessibility to Mobile Banking may be interrupted because of conditions beyond our control, including outages in Internet availability or any issues related to your ability to connect to the relevant cellular network. We do not promise Mobile Banking will always be available for your use.

3. We will use commercially reasonable efforts to keep information on the Mobile Banking system current and accurate. However, there may be a delay in the time that transactions are reflected in Mobile Banking. Although Mobile Banking is expected to correctly reflect account activity, it is possible that Mobile Banking may have data errors. In such event, account records maintained by us, which may include information in addition to the information available from Mobile Banking, are the final and conclusive records for bank accounts.

4. We will use commercially reasonable efforts to secure Mobile Banking to prevent access by unauthorized persons and to prevent the introduction of any malicious code, such as a virus. However, no security system is failsafe, and despite our efforts, the security of Mobile Banking could be compromised, or third parties could introduce malicious code. We will provide you with notice if your information is the subject of a security breach involving our facilities as required by applicable law.

Mobile Check Deposit Capture Service

Customers using the Mobile App can deposit checks to their linked checking, savings or money market deposit accounts by sending a clear image of the check to us using the Mobile App. Deposit accounts must be in good standing, as determined by the Bank from time to time in its sole discretion, in order to use this service.

1. You agree to scan and deposit only “checks” as that term is defined in Federal Reserve Regulation CC (“Reg. CC”). When the image of the check transmitted to us is converted to an image replacement document for subsequent presentment and collection, it shall thereafter be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code. You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:

2. You agree to restrictively endorse any item transmitted through the Mobile App as “For Mobile Deposit Only at Marblehead Bank” and your signature or as otherwise instructed by us. You agree to follow any and all other procedures and instructions as we may establish from time to time.

3. All deposits made through the mobile check deposit capture service are considered to be check deposits (not electronic deposits) and are subject to the Marblehead Deposit Account Agreement and Funds Availability Policy Disclosure.

4. We reserve the right to reject any check or item, at our discretion, without liability to you. We are not responsible for any checks or items we do not receive or for images that are dropped during transmission. An image of a check or item shall be deemed received when you get a confirmation from us that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. We further reserve the right to charge back to your account at any time any type of check or item that we subsequently determine was not an eligible check or item. You agree that we are not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible check or item.

5. Upon your receipt of our confirmation that we have received an image that you transmitted, you agree to retain the check or item for at least thirty (30) calendar days from the date of the image transmission. After thirty (30) calendar days, you agree to destroy the check or item that you transmitted as an image, mark it “VOID,” or otherwise render it incapable of further transmission, deposit, or presentment. During the time the retained check or item is available, you agree to promptly provide it to us upon request.

6. We may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to these Terms and Conditions, and we will not be obligated to allow such a deposit at other times.

7. The manner in which the items are cleared, presented for payment, and collected shall be in our sole discretion subject to the agreement governing the affected account.

8. You agree to notify us of any suspected errors regarding checks or items deposited through the mobile check deposit capture service promptly and in no event later than thirty (30) business days after the applicable Marblehead Bank account statement is sent. Unless you notify us within thirty (30) business days, such statement regarding all deposits made through the mobile check deposit capture service shall be deemed correct, and you are prohibited from bringing a claim against us for such alleged error.

9. You accept the risk that a check or an item may be intercepted or misdirected during transmission. We bear no liability to you or others for any such intercepted or misdirected checks or items or information disclosed through such errors.

10. The image of an item transmitted to us must be legible, as determined in our sole discretion. Without limiting the foregoing, the image quality of the checks or items must comply with the requirements established from time to time by Marblehead Bank, American National Standards Institute, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.

You agree and understand that determining the day of deposit for purposes of the Marblehead Bank Funds Availability Policy Disclosure, checks or items successfully deposited through mobile check deposit capture service prior to 3:00 p.m. Eastern Time on any business day will be deemed to have been received by us on that business day; checks or items successfully deposited after 3:00 p.m. Eastern Time on any business day or on any day that is not a business day are deemed to have been received by us on the next business day.

Card Controls Service

Card Control enables you, through the Marblehead Bank Mobile App on your iPhone® and Android device, to manage when, where and how your debit card may be used. Features of Card Control include:

  1. Turn your debit card on and off: Ability to immediately disable your debit card to prevent transactions, completely or by payment type, including in-store, online, and ATM. Once your debit card is located you can re-enable the card instantly to begin using it again.
  2. Push Notification Alerts: Get real-time debit alerts by merchant or transaction type.
  3. Control where your card can be used: Restrict card use to specific geographical regions, merchants, or transaction types. You can also block international transactions to lower the risk of fraud and re-enable these transactions when traveling.
  4. Spending limits: Set spending limits within your card’s approved transaction limits; control the types of transactions your card can perform, including disabling online purchases; and enable or disable spending categories that you do not wish to use.

External Transfers

Within Internet Banking, you may transfer funds between your linked deposit accounts at the Bank and certain deposit accounts at other financial institutions within the United States (international transfers are not supported) (“External Transfers”). You will need to set up and verify each of your non-Marblehead Bank accounts that you wish to use for the External Transfer Services. You agree that you will only attempt to set up and verify accounts for which you have the authority to transfer and withdraw funds.

External transfers are processed after 7:00PM EST on the date they are scheduled (the “Processing Time”). Sufficient funds need to be available at the Processing Time. If you transfer funds into the account you have with us, the funds are credited to your account on the next business day but may not be available for use until we receive the funds from the other financial organization. This may take up to two (2) business days or five (5) business days for accounts less than thirty (30) days old. If you transfer funds from your account with us to another institution, the funds will be available for withdrawal in accordance with the funds availability policy of the institution(s) holding the account that received the funds.

External Transfers can be initiated on either a one-time or a recurring basis. The recurring transfer feature may be used when a set amount is transferred at regular intervals. One-time future-dated or recurring transfers scheduled for a weekend or a non-business day will be processed on the next business day.

Future-dated and recurring transfers can be canceled prior to the Processing Time on the business day prior to the date the transfer is scheduled to be made. However, if the transfer’s status is “In Process” or “Processed,” the transfer may no longer be cancelled.

Incoming and outgoing transfers do not incur a fee. However, we reserve the right to charge additional fees at a later time and will notify you if we do so as required by law.

External Transfers are subject to the following limits:

• Incoming/Outgoing transfers per business day: $5,000.00
• Incoming/Outgoing transfers per month: $20,000.00
• Incoming/Outgoing number of transfers per business day: 5 transfers

These limits apply to the total of all external transfers for all accounts. Any transfer initiated on a day that is not a business day counts toward the applicable limit for the next business day.

We may change the above limits on external transfers at any time. Any decrease in dollar limits will be subject to notice, as required by law, but you agree that we may reduce your limits stated above without prior notice upon occurrence of a Disqualifying Event (as defined below).

External transfers are available to all customers, but you agree we may cancel your right to make external transfers, without prior notice, upon the occurrence of a “Disqualifying Event,” which includes the following:

You shall be solely responsible for the accuracy and completeness of transfer instructions transmitted to us. We shall not be responsible for any errors in the transfer instructions or requests for cancellation or amendment of transfer instructions transmitted to us by you, and your sole recourse for erroneous or unauthorized transfers or instructions received by us from a third-party processor acting on behalf of you is against such third-party processor and not against us.

Transfers between account(s) with us and account(s) at other financial institutions (foreign account) are accomplished through an automated clearing house (ACH) debit against the account funds are being transferred from and an ACH credit to the account funds are being transferred to. You agree that each such ACH transaction you initiate complies with all applicable laws and the Operating Rules and Guidelines of the National Automated Clearing House Association (NACHA).

If a transfer request describes the receiver or recipient inconsistently by name and account number, payment may be made on the basis of the account number even if it identifies a person different from the named receiver or recipient. In addition, if a transfer request describes the receiving depository financial institution inconsistently by name and identification number or routing number, payment may be made on the basis of the identification number or routing number even if it identifies a financial institution other than the named receiving depository financial institution.

If you transmit a transfer request that instructs us to debit or credit an account at a financial institution that does not participate in an ACH association, we may reject such transfer request and use reasonable efforts to notify you of such rejection.

You agree to maintain sufficient available collected balances in your account to cover your transfer obligations for all transfer requests transmitted to us. You authorize us to obtain payment of any amount due to us with respect to any of the transfer requests by debiting, without prior notice or demand, the account or any other account maintained by you at Marblehead Bank or, to the extent permitted by applicable law, any of our affiliate banks. Transfers requiring payments in excess of the collected balances available in the account may be returned unprocessed by us, provided that we may, in its discretion, debit other accounts maintained by you at Marblehead Bank in order to complete the transfer request. You shall fund the account with collected funds on or prior to any applicable settlement date, or, if so notified by us, on or prior to the date any transfer requests are to be processed. In the event that there are not sufficient collected funds in the account to cover all transfer requests transmitted to us by you, such transfer requests will be completed in the order determined by us. If you fail to fund the account as required, then we may refuse to provide External Transfers Services to you.

Touch ID Access

Touch ID is a seamless way to log in to your banking account(s) through your mobile device. Touch ID is easy to set up with your Mobile App.

You can use Touch ID with an iPhone® 5s or later generation, iPad® (5th generation), iPad® Pro, iPad® Air 2, or iPad® Mini 3 or later generation. Touch ID is available for Marblehead Bank online banking users only and is not available for tablet applications at this time.

Touch ID can be set up on your Apple® device by visiting the “Setup Instructions” site on your Apple® device or by logging in to your Marblehead Bank mobile app and setting up Touch ID upon the prompt within the app.

You can download the free Mobile Banking Application, Marblehead Bank Mobile (Business Mobile), by searching for “Marblehead Bank” through the App Store from your iPhone® or iPad®.

Personal Finance

Our personal finance service (the “Personal Finance”) is provided to you by us and powered by a third-party “Licensor.” The Personal Finance Service involves accessing third-party account information.

The Personal Finance Service is a digital money management tool, integrated into our online and mobile banking services that empowers you to take control of your finances and simplify your life. The Personal Finance Service allows you to budget, aggregate or categorize accounts and access our personal finance tools. As part of the enrollment process, you will be required to agree to a User Agreement for the downloadable app enabling us to provide you with the Personal Finance Service. The User Agreement is a legal agreement between you and our third-party service provider for use of the Personal Finance Service.

In addition to the General Terms and Conditions herein, you represent and agree to the following:

  1. All information you provide to us in connection with the Personal Finance Service is accurate, current, and complete. You agree not to misrepresent your identity or account information. You agree to keep account information secure, up to date and accurate. You represent that you are a legal owner, or an authorized user, of the accounts at third-party sites, which you include or access through the Personal Finance Service, and that you have the authority to (a) designate us and our service providers as your agent, (b) use the Personal Finance Service, and (c) give us and our service providers the passwords, User IDs, and all other information you provide.
  2. Your use of the Personal Finance Service is your authorization for us or our service providers, as your agent, to access third-party sites that you designate in order to retrieve information. You are licensing to us and our service providers any information, data, passwords, User IDs, PINS, personally identifiable information or other content you provide through the Personal Finance Service. You authorize us or our service providers to use any information, data, passwords, User IDs, PINS, personally identifiable information or other content you provide through the Personal Finance Service or that we or our service providers retrieve on your behalf for purposes of providing the Personal Finance Service, to offer products and services, and for other permissible business purposes. Except as otherwise provided herein, we or our service providers may store, use, change, or display such information or create new content using such information.
  3. You grant us and our service providers a limited power of attorney as provided below to access information at third-party sites on your behalf. Third-party sites shall be entitled to rely on the authorizations, agency, and the power of attorney granted by you or through your account. For all purposes relating to the Personal Finance Service, you grant us and our service providers a limited power of attorney, and you appoint us and our third-party service provider as your true and lawful attorneys-in-fact and agents, with full power of substitution and re-substitution, in any and all capacities, to access third-party sites to retrieve information, use such information, as described herein, with the full power and authority to do and perform each and every act and thing required and necessary to be done in connection with such activities, as fully as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE OR OUR SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD-PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF THE THIRD-PARTY SITES.
  4. Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected through your use of the Personal Finance Service may be used by us and our service providers to conduct certain analytical research, performance tracking and benchmarking. Our service providers may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will not be shared with or sold to third parties.

Bill Payment

The bill payment service (“Bill Payment”) is intended for use by the authorized online banking user only. You must enroll in Bill Payment Service to become an authorized user. You agree that you will not provide access to the Bill Payment Service to any party other than yourself. You must maintain the confidentiality of your assigned User ID and password for the Bill Payment Service and you are responsible for all charges incurred under your User ID and password. The availability of the Bill Payment Service may be subject to interruption and delay due to causes beyond our reasonable control. You agree to use the Bill Payment Service only for lawful purposes. Payments to payees outside the United States are prohibited. In addition, you may not make a Prohibited Payment, payment of alimony, child support, taxes, or other governmental fees or court-directed payments through the Bill Payment Service. “Prohibited Payments” includes payments to unlawful Internet gambling sites, payments to or at the direction of government agencies, organizations and institutions, and payments made in response to a court-directed payment plan.

Our Bill Payment Service will make payments for you either electronically, using a check drawn on your account or other form of funds transfer that we may choose to employ.

You must select the processing date for any payment or specify an automatic payment rule in the system that automatically selects this date for you. This date should be at least five (5) business days prior to the due date to ensure that there is enough time to complete the payment prior to the due date. It is your responsibility to schedule payments to arrive by the due date specified on the bill or statement. If the actual due date falls on a non-business day, you must select a processing date that includes an additional day for processing. We may set a maximum dollar amount for payments and/or refuse to permit any bill payment if we reasonably believe such refusal is necessary or advisable for security reasons.

Funds are available for transfers and payments in accordance with our Funds Availability Policy. If there are not sufficient available funds in the funding account to make transfers or scheduled payments, we may either refuse to honor a transfer or payment request or we may make the transfer or payment and thereby overdraw the funding account. In either event, you agree to pay us the negative balance and are responsible for any overdraft, insufficient funds or return item charges. If you have overdraft checking privileges with us, you are bound by the rules and regulations that apply to that privilege. If we refuse to honor a transfer or payment request due to not sufficient available funds, the request will be canceled and we will not make the transfer or payment at a later date.

We will use reasonable efforts to ensure that the payments reach the payees on time but cannot guarantee receipt or the time a payment may be posted by a payee. It is the user’s responsibility to transmit payment instructions in such a manner that amounts owed are paid and received on time. The user of the Bill Payment Service is responsible for any late payment charge, finance charge, penalty or default that may result from failure to transmit payment instructions in sufficient time. Except as may otherwise be required by applicable law, neither we nor our third-party service providers are responsible for any loss or penalty in the form of finance charges, late charges or other penalties associated with payments made or scheduled but not made by the Bill Payment Service. In no event will we be liable or any claims or damages resulting from the scheduling of Prohibited Payments. All service guarantees provided by our third-party service provider are void when a Prohibited Payment is scheduled or processed.

You understand that billers, payment processors, or the United States Postal Service may return payments to the Bill Payment Service for various reasons. These reasons may include, but are not limited to:

  1. The biller’s forwarding address has expired.
  2. The biller’s account number is not valid.
  3. The biller is unable to locate the account.
  4. Your account with the biller is paid in full.

If the payment instruction is returned for any reason, you may receive a return notice from us or our third-party service provider, and the funds may be credited back to your account. If the payment instruction remains outstanding, but has not been returned for ninety (90) days, the funds will be credited back to your account without notification by us or our third-party service provider. You are responsible for reconciling your account and reviewing the status of the payments.

Our ability to stop a payment instruction and/or recover funds associated with an unauthorized payment instruction will depend on the manner in which the payment instruction was initiated and whether the payment instruction has begun to be processed. We may not be able to cancel a payment instruction as the payment may be processed immediately. Although we will make a reasonable effort to accommodate a stop payment request and to recover the associated funds, we will have no liability for failing to do so. We may also require you to present your stop payment or recover funds request in writing within fourteen (14) days after contacting us. If we charge you to stop the payment and/or recover the funds, then the charge for each stop payment and/or fund recovery request will be the current charge as set out in our Consumer Fee Schedule. We reserve the right to refuse to make a payment to any person. We will attempt to notify the sender promptly if we decide to refuse to make a payment associated with payment instructions. Notification is not required if you attempt to make a Prohibited Payment under these Terms and Conditions.

eBill Payment (eBill)

Our eBill service (“eBill”) allows for electronic presentment of electronic bills only. It is your sole responsibility to contact your billers directly if you do not receive your statements. You represent and warrant that you have the authority to appoint the us as your agent to receive your billing statements, to view and download your eBills, and to use your name, passwords, User Ids and any other information you provide to us for purposes of providing the eBill Service to you. You are responsible for providing us or our third-party service provide with sufficient information and authorization necessary to obtain your bill for processing. You agree that this information may be used and stored on our third-party supplier’s servers. You are responsible for all charges associated with the eBill Services use of any biller site on your behalf and you agree to comply with the terms of use for the biller site.

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 the electronic biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the electronic biller.

The electronic biller has the right to cancel the presentment of its electronic bills at any time. You may cancel the eBill Service at any time. The timeframe for cancellation of your the eBill Service may vary by electronic biller. It may take up to sixty (60) days, depending on the billing cycle of the electronic biller. It is your sole responsibility to make arrangements for an alternative form of bill delivery. The eBill Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Payment Addresses

Our third-party service provider reserves the right to change the address of a Payee to whom they send Payments, without notification, in the following situations:

  1. The information returned by the address cleansing process determines the format of the address does not comply with the United States Postal Service (“USPS”) standards.
  2. They have determined that the address provided is not a valid address for the biller.
  3. The biller has closed the address and provided us (via the USPS) with the new address.
  4. They have established a relationship with the biller to send payments to a different address than the one provided on the statement.

In all cases, the service provider will attempt to act in a way to expedite the proper posting of your payment.

Our third-party service provider will only disclose information about you to third parties if:

Online Statements

You may elect to receive online bank statements (eStatements). If you elect the online statement service (the “eStatement Service”) by FIS, you agree to receive your periodic account statements online through Marblehead Bank’s eStatement Service. In this case, you agree to discontinue having your periodic account statements printed and sent via postal mail service. Your online statements or “eStatements” will contain the same content as the paper version supplied by us which includes: account balances, transaction activity, electronic funds transfer information, interest if any, and error notification procedures. Additionally, the eStatement Service will also provide online any account disclosures, newsletters and/or announcements generally provided with paper statements.

You understand that it is your responsibility to maintain proper equipment and software to view the eStatements. In addition to the equipment, you will need “Adobe Acrobat Reader.” This is free software, and if you do not have it, you may click here to download it now.

We will send an email to the address specified during the enrollment process to advise that the eStatement is available. An active and valid email address must be maintained in order to receive eStatements. If your email should change, you must notify us promptly via (a) secure bank mail within our Online Banking; (b) in writing to: Deposit Services, Marblehead Bank, P.O. Box 27, Marblehead, MA 01945; or (c) at any Marblehead Bank location. eStatements will become available in the eStatement section of our Online Banking incrementally each month. eStatements will be available for up to six years (72 months), and may be downloaded or printed for personal retention. There are no special equipment requirements in order to print your eStatement, a printer is all you need. You are responsible for the set-up and maintenance of your computer and equipment.

There are no fees or account restrictions for using the eStatement Services. Additionally, the eStatement Service allows for unlimited access to statements during the six years (72 months) of availability. Additional paper copies from the Bank may incur a statement copy fee charged according to the applicable current Fee Schedule.

Consent to receive online eStatements may be withdrawn by contacting us via secure bank mail within our Online Banking or by calling (781) 631-5500 or by written request to: Deposit Services, Marblehead Bank, P.O. Box 27, Marblehead, MA 01945.

Electronic Notices

You may elect to receive online electronic notices (eNotices). If you elect the electronic notices service (the “eNotice Service”) by FIS, you agree to receive your periodic electronic notices online through Marblehead Bank’s eNotices Service. In this case, you agree to discontinue having your periodic account notices printed and sent via postal mail service. Your online notices or “eNotices” will contain the same content as the paper version supplied by us.

You understand that it is your responsibility to maintain proper equipment and software to view the eNotices. In addition to the equipment, you will need “Adobe Acrobat Reader.” This is free software, and if you do not have it, you may click here to download it now.

We will send an email to the address specified during the enrollment process to advise that the eNotice is available. An active and valid email address must be maintained in order to receive eNotices. If your email should change, you must notify us promptly via (a) secure bank mail within our Online Banking; (b) in writing to: Deposit Services, Marblehead Bank, P.O. Box 27, Marblehead, MA 01945; or (c) at any Marblehead Bank location. eNotices will become available in the eNotices section of our Online Banking. eNotices will be available for up to six years (72 months), and may be downloaded or printed for personal retention. There are no special equipment requirements in order to print your eNotices, a printer is all you need. You are responsible for the set-up and maintenance of your computer and equipment.

There are no fees or account restrictions for using the eNotices Services. Additionally, the eNotices Service allows for unlimited access to electronic notices during the six years (72 months) of availability. Additional paper copies from the Bank may incur a notice copy fee charged according to the applicable current Fee Schedule.

Consent to receive online eNotices may be withdrawn by contacting us via secure bank mail within our Online Banking or by calling (781) 631-5500 or by written request to: Deposit Services, Marblehead Bank, P.O. Box 27, Marblehead, MA 01945.

Online Tax Forms

You may elect to receive online tax forms (eTax Forms). If you elect the online tax forms service (the “eTax Forms Service”) by FIS, you agree to receive your periodic tax forms online through Marblehead Bank’s eTax Forms Service. In this case, you agree to discontinue having your periodic tax forms printed and sent via postal mail service. Your online tax forms or ” eTax Forms” will contain the same content as the paper version supplied by us which includes required tax information. Additionally, the eTax Forms Service will also provide online any account disclosures, generally provided with paper tax forms.

You understand that it is your responsibility to maintain proper equipment and software to view the eTax Forms. In addition to the equipment, you will need “Adobe Acrobat Reader.” This is free software, and if you do not have it, you may click here to download it now.

We will send an email to the address specified during the enrollment process to advise that the eTax Form is available. An active and valid email address must be maintained in order to receive eTax Forms. If your email should change, you must notify us promptly via (a) secure bank mail within our Online Banking; (b) in writing to: Deposit Services, Marblehead Bank, P.O. Box 27, Marblehead, MA 01945; or (c) at any Marblehead Bank location. eTax Forms will become available in the eTax Forms section of our Online Banking. eTax Forms will be available for up to six years (72 months), and may be downloaded or printed for personal retention. There are no special equipment requirements in order to print your eTax Forms, a printer is all you need. You are responsible for the set-up and maintenance of your computer and equipment.

There are no fees or account restrictions for using the eTax Forms Services. Additionally, the eTax Forms Service allows for unlimited access to tax forms during the six years (72 months) of availability. Additional paper copies from the Bank may incur a tax form copy fee charged according to the applicable current Fee Schedule.

Consent to receive online eTax Forms may be withdrawn by contacting us via secure bank mail within our Online Banking or by calling (781) 631-5500 or by written request to: Deposit Services, Marblehead Bank, P.O. Box 27, Marblehead, MA 01945.