Online Banking Agreement
ELECTRONIC BANKING AGREEMENT
This Agreement revised and effective November 1, 2012
This Agreement governs your use of the Home State Bank Retail Online Banking and Home State Bank Business Online Banking. In this Agreement, the words Electronic Services refers to Retail Online Banking, Business Online Banking, Mobile Banking and other related services, including, without limitation, Online Bill Pay, Online Business Bill Pay, E-Statements, wire transfer service, and ACH origination service. It also includes any product or service with a separate agreement that incorporates this Agreement by reference.
Table of Contents
5) Electronic Fund Transfer (EFT) Provisions for Consumers
b. In Case of Errors or Questions about Your Electronic Transfers, including Bill Payments
c. Our Liability for Failure to Make a Transfer
d. Your Liability for Unauthorized Transfers
a. Description of Alerts
b. Email Security and Delivery Timing
c. Termination of Alerts
7) Funds Transfers
a. Identifying Number
b. Time of Receipt of Internal Transfers
c. Your Liability for Transfers Made by Authorized Owners & Agents
8) Additional Provisions
a. Disclosure of account Information and Transfers
b. Periodic Statement
c. Consequential and Special Damages
d. Force majeure
e. No Extensions of Credit
f. Recording of Communications
g. Disclaimer of Warranty and Limitation of Liability
h. Change in Terms
i. Jurisdiction / Venue
j. Entire Agreement
l. Communications Between The Bank and You.
m. ELECTRONIC BANKING SERVICES FEE SCHEDULE
· In this Agreement the words:
· We, our, us and The Bank mean Home State Bank.
· You and your refer to the accountholder authorized by The Bank to use Electronic Services under this Agreement and anyone else authorized by that accountholder to exercise control over the accountholder's funds through Electronic Services.
· Account or accounts means your accounts at The Bank.
· Authorized signer means an owner/signer or signer on the account signature card and/or account agreement.
· Electronic funds transfers means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your Bank accounts using Electronic Services including Online Bill Pay.
· Electronic Services means each of the variety of products and services you may access or enroll in either in person or through the Home State Bank website and other related services, including, without limitation, Online Bill Pay, Online Business Bill Pay, Mobile Banking, E-Statements, wire transfer service, and ACH origination service. It also includes any product or service with a separate agreement that incorporates this Agreement by reference.
· Website refers to the Home State Bank website and all web pages accessible through www.homestatebank.com .
· Business Day means Monday through Friday, excluding Saturday, Sunday and federal banking holidays.
· Consumer means a natural person who has an account for which an Electronic Service is requested primarily for personal, family or household purposes.
· Business means any person other than a consumer that has an account for which an Electronic Service is requested.
· Authorized representative means a person with authority of any kind with respect to an account.
· Payee means anyone you designate and The Bank accepts as a Payee for Online Bill Payments.
· Communications means any customer agreements or amendments thereto, monthly billing or account statements, tax statements, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to the product, service or account, including but not limited to information that we are required by law to provide to you in writing.
· Device means a supportable mobile device including a cellular phone or other mobile device that is web-enabled and allows secure SSL traffic which is also capable of receiving text messages. Your wireless carrier may assess you fees for data or text messaging services. Please consult your wireless plan or provider for details.
· Mobile Banking means the banking services accessible from the Device you have registered with us for Home State Bank Mobile Banking.
· Payment Order means an instruction from you to The Bank, transmitted orally, electronically, or in writing, to pay, or to cause another bank to pay, a fixed or determinable amount of money to a beneficiary if:
o the instruction does not state a condition to payment to the beneficiary other than time of payment;
o The Bank is to be reimbursed by debiting an account of, or otherwise receiving payment from, the Customer; and
o the instruction is transmitted by the Customer directly to The Bank or to an agent, funds-transfer system, or communication system for transmittal to The Bank.
o Payment orders include, for purposes of this Agreement, all instructions transmitted electronically to The Bank via Electronic Services under the Customer's or other authorized user’s password.
· Account statement Refers the periodic statement on your account whether is it received electronically or by paper through the US Postal Service or other delivery method.
This Agreement is a contract which establishes the rules which cover your electronic access to your accounts at Home State Bank (The Bank) through Electronic Services. By signing, clicking I AGREE or by using an Electronic Service, you accept 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 bank accounts as well as your other agreements with The Bank such as loans continue to apply notwithstanding anything to the contrary in this Agreement.
This Agreement is also subject to applicable federal laws and the law of the State of Colorado (except to the extent this Agreement can and does vary such rules or laws). If any provision of this 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 (express 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 The Bank'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 and the Electronic Banking Services Fee Schedule constitutes the entire agreement between you and The Bank with respect to the subject matter hereof and there is no understandings or agreements relative hereto which are not fully expressed herein.
In addition to this Agreement, you may have a separate agreement for each of your accounts. Each of your accounts will continue to be subject to any other agreement that applies to it.
If this Agreement conflicts with any other agreement, or the other agreement has terms that are not addressed in this Agreement, then the other agreement will control and take precedence, unless this Agreement specifically states otherwise. The other agreement will only control with respect to the account it is associated with, and only to the extent necessary to resolve the conflict or inconsistency. Additional provisions regarding Electronic Services or features that appear in the specific agreement for your account, but that do not appear in this Agreement, will apply.
To illustrate the rule in the preceding paragraph, if your eligible account or Electronic Service is covered by another agreement and a dispute arises between you and us under that agreement, then the dispute resolution provisions in that other agreement will control and take precedence over the dispute resolution provisions in this Agreement.
As an exception to the general rule described in this section, if any other agreement you have with us includes terms that address your electronic access to an account established primarily for personal, family or household purposes, this Agreement will control and take precedence in resolving any inconsistencies between this Agreement and the terms in the other agreement that address online access.
a. General: To use Electronic Services, you must have at least one deposit account at The Bank, access to Internet service, an e-mail address and a mobile phone number, in the case of Mobile Banking. You agree and understand that you are solely responsible for acquiring and maintaining a computer or other electronic device that can handle and access Electronic Services (including the necessary equipment), and that you are responsible for all costs associated with accessing Electronic Services and your accounts. In order to access any Electronic Service, you must self-enroll in Online Banking by going to the Website and clicking on Sign Up for Online Banking. Once you have completed the enrollment process, Electronic Services can be used to access only the bank account(s) for which you are an owner/signer or signer only. Only owner/signers and authorized signers will have access to accounts through Retail Online Banking and Mobile Banking. You may provide access to one or more of your accounts to an individual who is not a signer on the account through Business Online Banking. See Sec. 3) d. Account Signers below.
Through Business Online Banking, a company administrator(s) will be appointed by authorized officers of the company. It will be the responsibility of the administrator to assign rights to individuals granted online access by the administrator. The administrator will also be responsible for any future changes in individual access for the company, including the removal of rights for any reason. The Bank will not be responsible for maintaining or monitoring rights provided by the company administrator.
Subject to the terms and conditions of this Agreement, you may use Electronic Services to access your accounts, obtain Electronic Services, and perform authorized transactions through the Website. The available categories of accounts and Electronic Services are described on our Website and may change from time to time, at our sole option. With respect to your accounts, authorized transactions may include obtaining balance information, transaction history and other information. In some instances, balances and transaction history may only reflect activity conducted through the close of the previous Business Day.
We may, from time to time, introduce new features to Electronic Services or eliminate features from Electronic Services. When this happens, we will update our Website accordingly.
b. User Conduct: You agree not to use Electronic Services or the content or information delivered through Electronic Services in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy, including any rights in the software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Electronic Services to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Electronic Services; (i) interfere with or disrupt the use of Electronic Services by any other user; or (j) use Electronic Services in such a manner as to gain unauthorized entry or access to the computer systems of others.
c. Your Computer Specifications: In order to view E-Statements and other electronic Communications, your computer hardware, software and your Internet Online Services Provider (ISP) must meet the following minimum specifications:
PC/Windows Users MAC Users
Pentium Class Computer Windows Emulator
32 MB RAM
200 MB Free Disk Space
Microsoft Windows 95 or newer Operating Online Services
Adobe Acrobat Reader 8.x or higher (Installation link available on E-Notification e-mail announcement.)
Please note: You are responsible for all fees incurred for your internet access.
d. Account Signers: Each account authorized signer individually has the right to provide us with instructions, make any decision, obtain any information or make any request associated with their accounts. We may act on the instructions of any signer without our having liability to any other owner or authorized signer on the account.
We may, at our option, permit you to authorize an agent to initiate fund transfers or other transactions on an account. If you authorize an agent to initiate fund transfers or other transactions on an account, then you are also agreeing that for purposes of such transactions the agent is an authorized signer on the account, subject to the terms of the separate agreement for your applicable account. In addition, if you make a person an offline authorized signer on an account, and that authorized signer is enrolled in Electronic Services, we may treat that authorized signer as an authorized user.
If, as permitted above, you grant Electronic Services access to an individual who is not an authorized signer on an account, you represent and warrant that the agent will be acting as your agent and on your behalf, will be bound by this Agreement and any separate agreement governing the account, and is fully authorized by you to act based on the rights of all owners or authorized representatives of the account. An agent appointment by one account owner/signer or authorized signer for an account will be considered an agent appointment by all other signers of that account.
At all times while appointed as your agent, all transactions that an agent performs on an account, including those you did not want or intend, are transactions authorized by you. The account owner(s) of the account are solely responsible for those transactions, and we are not responsible for them.
If you are receiving Electronic Services agent authority in an account from an owner or from an authorized signer, you may not further delegate online authority to other persons to view and/or make transactions on that account.
If you are appointed as an agent on an account, you agree that you will access and use the account in accordance with the authority given to you by the delegating account owner. Each time you access, view, or transact on that account, you represent and warrant to us that your action is authorized by the delegating account owner. If we receive conflicting instructions, or if we believe that an account's security or our security may be at risk as a result of your being an agent, we may in our sole discretion terminate you as an agent, or prevent you from being an agent, without prior notice to you or any account owner.
e. Gaining Online Access to or Using Electronic Services: You authorize Home State Bank to provide access to your accounts through Electronic Services. You may access your accounts and Electronic Services at the Website to obtain information and perform transactions as authorized on the Website.
To access your accounts and Electronic Services through our Website you must have a Login ID, a password and the required hardware and software as described above. You must also comply with any other security procedures and policies we may establish from time to time.
You must provide all telephone and other equipment, software (other than any software provided by us) and services you need to access Electronic Services.
f. Hours of Access: You can use Electronic Services seven days a week, twenty-four hours a day, although some or all Electronic Services may not be available occasionally due to emergency, scheduled service maintenance or circumstances beyond our control. We agree to post notice of any extended periods of non-availability on the Website. Balance and activity information will be available as of 5:00 p.m. (Mountain Time) of the previous business day.
g. Your Password: For security purposes, you are required to change your temporary password upon your initial login to Electronic Services. You and those you have authorized will determine what password(s) to use and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password or under any of the Login IDs that your authorized users set up or authorize us to set up. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Upon three unsuccessful attempts to use your password, your access to Electronic Services will be locked. To re-establish your authorization to use Electronic Services, you must request a new temporary password by clicking Forgot Your Password. A new temporary password will be sent to the email address you have established in your Online Banking account. You may also contact us to obtain a new temporary password. 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.
h. Security: You understand the importance of your role in preventing misuse of your accounts through Electronic Services and you agree to promptly examine your account statement for each of your bank accounts as soon as you receive it. You agree to protect the confidentiality of your password and Login ID, which are intended to provide security against unauthorized entry and access to your accounts. Notwithstanding our efforts to insure that the Electronic Services is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing The Bank’s Electronic Services, or e-mail transmitted to and from us, will not be monitored or read by others.
We highly recommend that you take all precautions to safeguard your computer or other device from malicious attack including: the use of anti-malware software; opening only one internet browser session while accessing Online Banking; verifying that you are logging into the appropriate website address, https://online.homestatebank.com/HomeStateBank/PassmarkLogin.faces; and verifying that the URL address is followed by the certification image. When you click on the certification image, you should be able to click on View certificates and see Issued to: online.homestatebank.com and Issued by: Equifax Secure Certificate Authority under the General tab
i. Fees and Charges: You agree to pay the fees and charges for your use of Electronic Services as set forth in the current Electronic Banking Services Fee Schedule and that of the separate ACH Origination Agreement, if applicable. You acknowledge your receipt of the current Electronic Banking Services Fee Schedule and that you are aware of the fees and charges set forth therein for your use of Electronic Services. You agree that all such fees and charges will be deducted from your Billing account, the bank account used by you to enroll in Online Banking or Bill Pay. If you close your billing account or wish to have one of your another accounts billed, you must contact us in person, or by email or in writing immediately to designate another account as your Billing account. You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of Electronic Services.
j. Balance Inquiries and Funds Availability: The deposit account balances shown on the account Balance screen indicate the available balance in the account. Any balances marked with an asterisk (*) are memo balances which include credits and debits presented against your account since the prior business day’s close of business but have not officially posted to your account. If a line of credit has been attached to the deposit account, the available line of credit balance plus the deposit account memo balance will be shown in Online Banking in parenthesis beside the account balance as available including SOS. Loan account balances indicate the principal balance on the account.
Any available Overdraft Privilege (ODP) balance will not be reflected in the balance and may not be accessed by transfers.
k. Posting of Transfers: Transfers initiated through Electronic Services will be reflected as Memo Transaction(s) immediately after the transfer has been confirmed. Transfers created prior to 5:00 p.m. (Mountain Time) will post to your account on the same business day. Transfers completed after 5:00 p.m. (Mountain Time) on a business day, Saturday, Sunday or banking holiday, will be posted on the next business day. Electronic Services identifies transfers based upon the Login ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the Pending Transfer or Transaction History screens under the Transfer menu of Electronic Services will not reflect transfers made by multiple users for the same account if different Login IDs are used. You agree to communicate with any other persons with authorized access to your accounts concerning any transfers from your accounts in order to avoid duplication and/or overdrafts.
l. Posting of Overdrafts (Order of Payments, Transfers, and other Withdrawals): If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then:
i. Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority;
ii. Electronic fund transfers initiated through Electronic Services which would result in an overdraft of your account may, at our discretion, be cancelled;
iii. In the event the electronic fund transfers initiated through Electronic Services which would result in an overdraft of your account are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.
m. Limits on Amounts and Frequency of Electronic Services Transactions: This Agreement imposes no restrictions on the number of transfers from accounts or the amounts which may be transferred, but certain limits and restrictions on the frequency of transfers may be applicable with respect to the particular types of account subject to this Agreement, particularly money market, savings and NOW accounts and certificates of deposit. In addition, you may be subject to the payment of penalties for early withdrawal with respect to transfers from certain of these accounts. Please refer to the disclosure documents you received at the time these accounts were established for more detailed information on limitations, restrictions and early withdrawal penalties applicable thereto.
n. Additional Provisions for Business accounts: If you are the owner of a business account, any authorized representative for your account is authorized on terms, conditions, and agreements that we may from time to time require to:
i. enter into this Agreement, as amended from time to time;
ii. access each business account of yours in any manner and for any purpose available through Electronic Services, whether now available or available at some time in the future; and
iii. use any Electronic Service in any manner and for any purpose available through Electronic Services now available or available at some time in the future.
o. Your Right to Terminate: You may cancel your Electronic Services at any time by providing us with written notice by postal mail or fax. Refer to Sec. 8) l. Communications Between The Bank and You. Your access to Electronic Services 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. We will not be required to reinstate or re-activate your access.
p. Our Right to Terminate: You agree that we can terminate or limit your access to Electronic Services for any of the following reasons and we will not be required to reinstate or re-activate your access:
i. Without prior notice, if you have insufficient funds in any one of your accounts. Electronic Services may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
ii. Upon 3 business days’ notice, if you do not contact us to designate a new Billing account
iii. Without prior notice, if you violate any terms of this Agreement (including the failure to pay fees under any applicable fee schedule).
iv. Upon reasonable notice, for any other reason in our sole discretion.
4) Online Bill Payment Services
a. General: You may use The Bank’s Online Bill Pay and Online Business Bill Pay (both, referred here as Bill Pay unless otherwise individually identified) services to direct The Bank to make payments from your designated checking account to the
“Payees ” you choose in accordance with this agreement. The terms and conditions of this Agreement are in addition to the account agreements, disclosures and other documents in effect from time to time governing your account.
You must designate the bank account from which the payments are to be made; the complete name of the payee, the account number, and the payee's remittance address, all exactly as shown on the billing statement or invoice; the amount of the payment; and the date you want the payment to be debited from your account. If the date you want the payment to be debited from your account is not a business day, your account will be debited the next business day before 2:00 p.m. (Mountain Time). By using Bill Pay, you agree that, based upon instructions received under your password, we can charge your designated account by electronic transfer,
"no signature required draft, or by debiting and remitting funds on your behalf. You also agree that your first Electronic Services bill payment will be charged to your Billing account. We reserve the right to refuse to pay any payee designated by you. If we do so, we will notify you promptly.
b. Scheduling Electronic Services Payments: If the payee is to be paid by paper check (as indicated on the Payee list), you understand and agree that paper checks are mailed to the payee and the payee may not receive the payment until 5 to 10 business days after the date the payment is debited from your account. If the payee is to be paid electronically (as indicated on the Payee list), you understand and agree that the payee may not receive the payment until 72 hours after the date the payment is debited from your account. You understand and agree that we are not responsible for the timely delivery of mail or the improper transmission or handling of payments by a third party such as the failure of the bill payment payee to properly post a payment to your account.
c. Available Funds: You agree to have available and collected funds on deposit in the account you designate in amounts sufficient to pay for all bill payments requested, as well as, any other payment obligations you have to The Bank. The Bank reserves the right, without liability, to reject or reverse a bill payment if you fail to comply with the above requirement or any other term of this agreement. If you do not have sufficient funds in the account and The Bank has not exercised its right to reverse or reject a bill payment, you agree to pay for such payment obligations on demand. You further agree The Bank, at its option, may charge any of your accounts with The Bank to cover such payment obligations.
d. Transaction / Daily Limits: The single transaction maximum amount is $15,000. There is also a daily total transaction limit of $15,000.
e. Your Payees: You may pay any Payee within the United States (including U.S. territories and APO’s). The Bank reserves the right to refuse the designation of a
“Payee ” for any reason. The Bank is not responsible for payments that cannot be made due to incomplete, incorrect, or outdated information.
f. Single Payments: A single payment will be processed on the business day (generally Monday through Friday, except certain holidays) that you designate as the payment’s process date, provided the payment is submitted prior to the daily cut-off time on that date. The daily cut-off time, which is controlled by The Bank, is currently 2 p.m. (Mountain Time). The Bank reserves the right to change the cut-off time. You will receive notice if it changes.
A single payment submitted after the cut-off time on the designated process date will be processed on the next business day. If you designate a non-business date (generally weekends and certain holidays) as the payment’s process date, the payment will be processed on the first business day following the designated process date.
g. Recurring Payments: When a recurring payment is processed, it is automatically rescheduled by the system. Based upon your selected frequency settings for the payment, a process date is calculated for the next occurrence of the payment. If the calculated process date is a non-business date (generally weekends and certain holidays), it is adjusted based upon the following rules:
· If the recurring payment‘s Pay Before option is selected, the process date for the new occurrence of the payment is adjusted to the first business date prior to the calculated process date.
· If the recurring payment’s Pay After option is selected, the process date for the new occurrence of the payment is adjusted to the first business date after the calculated process date.
Note: If your frequency settings for the recurring payment specify the 29th, 30th, or 31st as a particular day of the month for processing and that day does not exist in the month of the calculated process date, then the last calendar day of that month is used as the calculated process date.
h. Estimated Arrival Date: On both Single Payments and Recurring Payments, the system will calculate the Estimated Arrival Date of your payment, this is only an estimate, please allow ample time for your payments to reach your Payees.
i. How to Cancel a Bill Payment: To cancel a bill payment that you have scheduled through Electronic Services, you must cancel the payment online via Electronic Services before 2:00 p.m. (Mountain Time) on the date the payment is scheduled to be debited from your account.
j. Stop Payment Requests: 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 be able to stop an Online Bill Payment paid by paper draft by submitting a Stop Payment request through the Payment History tab of your Bill Pay account. If the paper draft has not cleared, we will process your stop payment request and a stop payment fee may be charged according to The Bank’s current Electronic Banking Services Fee Schedule. All communication regarding your request will be exchanged through the Message Center of your Bill Pay account.
k. Liability: You will be responsible for any bill payment request you make that contains an error or is a duplicate of another bill payment. The Bank is not responsible for a bill payment that is not made if you did not properly follow the instructions for making a bill payment. The Bank is not liable for any failure to make a bill payment if you fail to promptly notify The Bank after you learn that you have not received credit from a Payee for a bill payment. The Bank is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be The Bank's agent. In any event, The Bank will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this agreement or the service, even if The Bank has knowledge of the possibility of them. The Bank is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond The Bank's reasonable control.
l. Our Right to Change or Terminate: The Bank has the right to change this Online Bill Payment Service Agreement at any time by requiring your approval of the agreement when you log onto your Electronic Service, notice mailed to you at the last address shown for the account on The Bank's records, by posting notice in branches of The Bank, or as otherwise permitted by law. The Bank has the right to terminate your Online Bill Payment Service at any time
m. Your Right to Terminate: You may terminate your Online Bill Payment Service agreement by written notice to The Bank. See Sec. 8) l. Communications Between The Bank and You. The Bank is not responsible for any scheduled payment made before The Bank has a reasonable opportunity to act on your termination notice. You remain obligated for any payments made by The Bank on your behalf.
n. No Duty to Monitor Bill Pay Payments: We do not have any duty to monitor the payments that are made through Bill Pay. If you are a business and an authorized representative of yours uses your Funding account to pay bills which are not yours, you assume the entire risk of loss and indemnify and hold us and our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments, and expenses (including attorney fees) arising out of or in any way connected with such use.
o. Bill Pay Provisions Control: If this section, Online Bill Payment Services, conflicts with any other provisions of this Agreement, this Section governs with respect to Bill Pay.
p. Additional Provisions for Businesses: The provisions of this section Additional Provisions for Businesses apply only to bill payments from business accounts. You agree that the password security described in the section Your Password sets forth security procedures for electronic fund transfers that are commercially reasonable. For payment requests from business accounts, which are subject to Article 4A of the Uniform Commercial Code (UCC 4A), we are liable only for damages required to be paid under UCC 4A. In no event will we be liable for any special, indirect or consequential loss, damage, costs or expense of any nature, including, without limitation, lost profits, even if we have been informed of the possibility of such damages, except as may be required by law.
5) Electronic Fund Transfer (EFT) Provisions for Consumers
a. Applicability: The provisions in this Section, Electronic Fund Transfer (EFT) Provisions for Consumers apply only to electronic fund transfers that debit or credit a consumer's checking, savings or other asset account and are subject to the Federal Reserve Board's Regulation E. We may, when applicable, rely on any exceptions to the provisions in this Section that are in Regulation E. All terms not defined in this Agreement which are defined in Regulation E will have the same meaning when used in this Section.
b. In Case of Errors or Questions about Your Electronic Transfers, including Bill Payments: Contact us as soon as you can, if you think your paper statement is wrong, or if you need more information about a transfer listed on your paper statement. You may contact us for this purpose by any of the methods stated below in Sec. 8) l. Communications Between The Bank and You. We must hear from you no later than 60 days after we sent the FIRST account statement upon which the problem or error appeared.
When you contact us:
i. Tell us your name and account number.
ii. Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error, or why you need more information.
iii. Tell us the dollar amount of the suspected error.
iv. If the suspected error relates to a bill payment made via Bill Pay, tell us the account number used to pay the bill, payee name, the date the payment was sent, payment amount, ID number, and the payee account number for the payment in question. (This information appears on the Bill Payment View Posting Screen.)
v. If you contact us by telephone or by e-mail, we may require that you send us your complaint or question in the form of a written communication by postal mail or fax within 10 business days.
vi. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within 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 it in the form of a paper writing within 10 business days, we may not provisionally credit your account.
vii. We will tell you the results within three business days after completing our investigation. If we find that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
c. Our Liability for Failure to Make a Transfer: If we do not complete a transfer to or from your account, including a bill payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance:
· If, through no fault of ours, you do not have enough money in your account to make a transfer.
· If a legal order directs us to prohibit withdrawals from the account.
· If your account is closed, or if it has been frozen.
· If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts.
· If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
· If any electronic terminal, telecommunication device, or any part of the Electronic Service’s electronic fund transfer service is not working properly and you knew about the problem when you started the transfer.
· If you have not provided us with complete and correct payment information for the Bill Payment Electronic Services, including, without limitation, the name, address, your payee-assigned account number, payment date, and payment amount for the payee on a bill payment.
· If you have not properly followed the on-screen instructions for using Electronic Services.
· If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
d. Your Liability for Unauthorized Transfers: CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. You may contact us for this purpose by any of the methods stated below in Sec. 8) l. Communications Between The Bank and You. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any). If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you can lose no more than $50 if someone used your password without your permission.
If you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500.
Also, if your account statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the account statement was delivered to you, you may not get back any money you lost through transactions made after the 60 day time period if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from contacting us, we will extend the time periods.
a. Description of Alerts: Alerts allows you to request and receive messages about your account(s). You may receive alerts through email message(s) and/or text enabled cell phones or pagers or as a message on your Bill Pay home page. These alerts will be set up by you under the Other Services tab of Online Banking or e-Notifications in Bill Pay.
b. Email Security and Delivery Timing: You agree that each alert may not be encrypted, and may include your name and information pertaining to your account(s). Receipt of any alert may be delayed, or prevented by factor(s) affecting your Internet Service Provider(s), phone operator(s), and other relevant entities. We neither guarantee the delivery or the accuracy of the contents of any alert. The Bank will not be liable for losses or damages arising from (a) non-delivery, delayed delivery, or wrong delivery of any alert; (b) inaccurate content in an alert; (c) your use or reliance on the contents of any alert for any purposes. We reserve the right to terminate any request from you, for any alert, at any time. The information in any alert may be subject to certain time lags and/or delays. You will manage the types and timing of your alerts and the alerts may be stopped or suspended by you at any time.
c. Termination of Alerts: Either you or The Bank may terminate your use of the alerts option at any time without notice.
7) Funds Transfers
a. Identifying Number: If you make a payment order that identifies the beneficiary by both a name and an identifying bank account number and the name and number identify different persons, execution of the payment order, payment to the beneficiary, or cancellation of the payment order may be made solely on the basis of the number. If you make a payment order that identifies any bank by both a name and an identifying number and the number identifies a bank different from the bank identified by name, any bank may rely solely on the identifying number.
b. Time of Receipt of Internal Transfers: The Bank may treat any internal transfer, loan payment and loan advance submitted via Electronic Services after 5:00 p.m. Mountain time (the cut off time), as having been received at the opening of the next funds-transfer business day.)
c. Your Liability for Transfers Made By Authorized Owners & Agents: You are fully responsible for all transfers made under any of the IDs you have authorized, whether or not the person initiating the transfer was actually authorized to do so, and any such transfer shall be deemed
“authorized ” for all purposes hereunder. CONTACT US AT ONCE if you believe a password has been lost, stolen, used without your permission, or otherwise compromised or if someone has transferred or may transfer money from your accounts without your permission. You may contact us for this purpose by any of the methods stated below in Sec. 8) l. Communications Between The Bank and You. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any).
Also, if your account statement shows transfers that you did not make, contact us at once.
8) Additional Provisions
a. Disclosure of account Information and Transfers: You understand information about your accounts or the transfers you make may automatically be disclosed to others. For example, tax laws require disclosure to the government of the amount of interest you earn, and some transactions, such as large currency and foreign transactions, must be reported to the government. We may also provide information about your accounts to persons or companies we believe would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant calls to verify a check you have written. In addition, we routinely inform credit bureaus when accounts are closed because they were not handled properly. We may also seek information about you from others, such as the credit bureau, in connection with the opening or maintaining of your account or in connection with approving your access to Electronic Services. You agree and hereby authorize all of these transfers of information.
b. Periodic Statements: You are entitled to receive a periodic statement for each monthly cycle in which an electronic fund transfer has occurred and a statement at least quarterly if no transfer has occurred. You will not receive a separate Electronic Services statement. Transfers to and from your accounts using Electronic Services will appear on the respective periodic account statements.
c. Consequential and Special Damages: The Bank shall not be liable under any circumstances for consequential or special damages under this Agreement even if The Bank has been advised of the possibility of such damages. In the event of any litigation arising out of or in connection with this Agreement, the prevailing party therein shall be entitled to such reasonable attorney's fees and costs of suit as the court may award.
d. Force Majeure: Except as otherwise provided by Colorado UCC 4.5, The Bank will not be liable for its inability to perform its obligations under this Agreement when such inability arises out of causes beyond its control, including, without limitation, any act of God, accident, equipment failure, system failure, labor dispute, or the failure of any third party to provide any electronic or telecommunication service used in connection with the execution or cancellation of payment orders, provided The Bank shall have exercised such diligence as the circumstances require.
e. No Extension of Credit: Nothing in this Agreement nor any course of dealing between you and The Bank constitutes a commitment or obligation of The Bank to lend money to you or obligates The Bank to extend any credit to you, to make a loan to you, or otherwise to advance funds to you to pay for any payment order contrary to The Bank's published availability schedules.
f. Recording of Communications: You and The Bank agree that all telephone conversations or data transmissions between them or their agents made in connection with this Agreement may be recorded and retained by either party by use of any reasonable means.
g. Disclaimer of Warranty and Limitation of Liability: We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Electronic Services provided to you under this Agreement. We do not and cannot warrant that Electronic Services will operate without errors, or that any or all Electronic 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 Electronic Services, 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 The Bank and its affiliates exceed the amounts paid by you for the services provided to you through Electronic Services.
h. Change in Terms: We may change any term of this Agreement at any time. If the change would result in increased fees for any Electronic Services 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 30 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 service. We will post any required notice of the change in terms on The Bank’s website 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 service, 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 Electronic 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.
i. Jurisdiction/Venue: This Agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado and any applicable Federal laws. Venue for any action brought in state court shall be in Larimer County, Colorado. Venue for any action brought in federal court shall be in the State of Colorado.
j. Entire Agreement: In combination with other applicable Home State Bank agreements, this Agreement represents the agreement between you and Home State Bank regarding Electronic Banking Services and merges and supersedes all previous and contemporaneous written or oral agreements and understandings regarding the subject of online access. Each of the rules, terms, and conditions set forth in this Agreement stand alone. Any term or condition contained in this Agreement which is inconsistent with the laws governing the Electronic Banking Services will be deemed to have been modified by us and applied in a manner consistent with such laws. If any provision of this Agreement is held to be invalid or otherwise unenforceable, the remainder of the provisions will remain in full force and effect and will in no way be invalidated or otherwise affected.
: Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section.
l. Communications Between The Bank and You: Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways (normal business hours are from 9:00 a.m. to 5:00 p.m. Monday through Friday):
· Telephone: You can contact us by telephone at 1-970-203-6100, 1-303-682-8906 or 1-866-203-5939
· E-mail: You can contact us by e-mail at email@example.com . (Please note that banking transactions through Electronic Services are not made via e-mail.)
· Facsimile: You can contact us by fax at 1-970-667-0745
· Postal Service: You can write to us at: Home State Bank, PO Box 329, Loveland CO 80538
· In Person: You may visit us in person at any one of our locations:
o 310 Mountain Ave., Berthoud
o 935 N. Cleveland Ave., Loveland
o 300 E. 29th St, Loveland
o 2695 W. Eisenhower Blvd., Loveland
o 1355 E. Eisenhower Blvd., Loveland
o 303 E. Mountain Ave., Fort Collins
o 3227 Timberline Rd., Fort Collins
o 2337 S. Shields St., Fort Collins
o 7499 Westgate Dr., Windsor
o 636 Coffman St., Longmont
o 565 W. South Boulder Road, Lafayette
PLEASE NOTE: Home State Bank will never contact you and request that you provide confidential information such your Online Banking Login ID, password, account number or social security number. If you contact us, however, we may ask for your Login ID, account number, social security number or other information about you to verify your identity or to assist with your Electronic Services. We will NEVER request your account password.
m. ELECTRONIC BANKING SERVICES FEE SCHEDULE
Online access to view balances------------------------ FREE
Transfer funds to/from your own accounts------------FREE
Home State Bank Loan payments----------------------FREE
Change of address request-----------------------------FREE
You are responsible for all charges and fees associated with text messaging or Internet access from your mobile service provider.
Online Bill Pay....................................................... $4.95 per month, and you receive up to 10 bill payments. Each bill paid over 10 is 30 cents each.
No monthly or per bill fee on Online Bill Pay for personal accounts, sole proprietors and other business entities reporting taxes under a social security number and receiving E-Statements.
Miscellaneous Online Bill Pay Fees
Rush Payment- Next business day delivery (check)-------------------$14.95
Rush Payment- 2nd business day delivery (check)---------------------$9.95
Rush Payment- 2nd business day delivery (electronic)-----------------$4.95
Send a Donation---------------------------------------------------------$1.99
Send a Gift Check--------------------------------------------------------$2.99
Online Bill Pay Stop Payment Fee---------------------------------------$30.00