Online Banking Agreement
Please read the Online Banking Services Agreement and Disclosure and check the Agreement at the bottom of the page to continue to the signup process
Home State Bank Online Banking Services Agreement and Disclosure
This Online Banking Services Agreement and Disclosure (the "Agreement") is entered into between Home State Bank (the "Bank") and the undersigned customer of the Bank, who hereby subscribes to Home State Bank Online Banking Services ("online service"). This Agreement discusses how you can use the online service to obtain information about your account, transfer funds between your accounts, and request certain other bank services. It also contains the terms and conditions governing the online service. The customer is referred to in this Agreement as "you" or "your". The Bank is referred to in this Agreement as "Bank", "we", "us", and/or "our". If you use the online service or permit another to use the online service on your behalf, you agree to the terms and conditions stated in this Agreement.
1. SCOPE OF AGREEMENT
1.1 Other Accounts, Loan Agreements and Services
This Agreement governs online access to your accounts with the Bank. The terms and conditions set forth herein are in addition to, and do not cancel or supersede, any other agreements or signature cards governing your deposits, loans or other business relationships with the bank. All of the terms, conditions, agreements, representations, schedules, disclosures, and fees set forth in or associated with such other agreements and signature cards remain in full force and effect. However, the persons you authorize to have access to and make transfers from your account(s) through the online service may not be the same persons who are authorized to sign on the account under your other agreements and signature cards with us, or you may give them greater authority to conduct activities through the online service than they have under your other agreements and signature cards with us. In cases where your authorizations to other persons do not coincide with your authorizations for the same account(s) under the signature card agreement(s), the signature card agreement(s) will govern the online service transactions.
1.2 Instructions and Fee Schedules; Amendment
Any instructions we may issue for the use of the online service (collectively, "Instructions") and any fee schedule we may issue are a part of this Agreement and are incorporated herein by reference.
The current online service fee schedule is attached to this Agreement as Schedule A. The fees and service charges provided for in your deposit, line of credit, loan, and other agreements with us, as described in the Bank’s Schedule of Fees and Charges, may apply to services ordered online.
Subject to any applicable notice requirements imposed by the Electronic Fund Transfer Act ("EFTA") and Regulation E ("Reg. E") thereunder, the Bank may change or add any fees, modify the instructions for the online service, or otherwise amend this Agreement in whole or in part at any time.
Either you or the Bank may terminate this Agreement at any time upon giving written notice of the termination to the other party. Termination will not affect any liability or obligation of either party incurred hereunder prior to termination. For reasonable cause, including non-usage or inactivity, the Bank reserves the right to terminate this Agreement and your access to the online service, in whole or in part, at any time without prior notice to you. Upon termination, we reserve the right to make no further payments or transfers from your account(s) pursuant to this Agreement, including payments or transfers you have previously authorized. If you terminate your online services, you authorize the Bank to continue making transfers you have previously authorized until such time as the Bank has had a reasonable opportunity to act upon your termination notice. You agree that upon termination of your online services, either by you or by us, you will cancel all automatic or recurring transfers you have previously authorized, and that if you fail to do so, you are responsible for such payments.
2. DESCRIPTION OF AND LIMITATIONS ON THE ONLINE SERVICE
2.1 General Description of Services
In general, the online service package enables you to:
search transaction histories and obtain balance information on accounts with the Bank which may include checking, savings, money market, certificates of deposit, line of credit, installment loans, real estate loans and commercial loans
transfer funds between your transaction accounts
use bill payment services
This list is not exhaustive and the Bank may offer additional or different online services in the future, all of which will be governed by this Agreement, as amended.
2.2 Types of Transfers and Limitations
You can make an internal transfer of funds from one account with the Bank to another, such as a transfer from a savings account to a checking account. Transfers may be limited in amount as provided in our agreements with you governing these services or in accordance with bank policies. In addition, your ability to transfer funds between certain accounts is limited by federal law, as stated in your deposit agreements with us. For example, you can make no more than six (6) transfers from a savings or money market account during each statement period. Transfers made using both the online service and other transfer methods described in the Deposit Agreements are counted against the permissible number of transfers. The Bank reserves the right to further limit the frequency and dollar amount of transactions from your accounts for security or credit reasons, as the Bank may determine at any time at its sole discretion.
2.3 Overdrafts; Order of Payments
It is your responsibility to ensure that you have enough money or credit available in an account from which you instruct us to make a payment or transfer. If funds are withdrawn from any of your accounts by means of electronic fund transfers, other than through the online service on the same business day as the online service transaction, and if the account contains insufficient funds to enable both the electronic fund transfer and the online service transfer to be made, the transfers will be made in the order determined by the Bank, at its sole discretion. You are fully obligated to us to provide sufficient funds for any payments or transfers you make or authorize to be made. If we complete a payment or transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction, you agree to reimburse us upon our demand, and you further agree that we may reverse the transaction or offset the shortage with funds from any other deposit account(s) you have with us to the extent permitted by the applicable law and the terms of any other relevant agreements.
2.4 Bill Payment Service
Bill Payment service is an electronic payment system which permits you to initiate and authorize payments from your accounts to payees, which you have selected in advance to receive payments by means of this service. (A "payee" is a person or business you are paying.) You have the option of setting up a payment to occur only on demand or on a recurring frequency. Recurring payments are payments of a fixed amount that are paid at a regular time interval, such as monthly; and on demand payments are payments that vary in amount and/or date. After you have established a recurring or on demand payment, the Bank will automatically execute bill payments according to your instructions until you have properly notified the Bank, in accordance with the Bank’s procedures in effect at that time, of any cancellation of your instructions. You may notify the Bank by either writing us at the address listed in section 2.8 of the Agreement or by calling us at 515.386.2131 or toll-free 888.386.2131
To participate in the online service Bill Payment ("Bill Payment") you must have a checking account with Home State Bank. If you participate in this service, you may use Bill Payment to make payments from any of your checking accounts.
To pay bills using Bill Payment, you must use your Computer and the online service software product to authorize a payment from your account. After your instruction is received, payment will be made either by transferring funds electronically from your account to the payee or by preparing a paper check to the payee via first class mail. The funds will be debited from your account on the payment date. Your payment will be sent within 48 hours of your selected payment date.
You may use Bill Payment to authorize automated recurring payments in order to pay recurring bills. These payments must be for the same amount each month, and they will be sent on the same calendar day of each month, or on the following business day if the regular payment day falls on a Saturday, Sunday or federal banking holiday.
When you have entered and transmitted payment instructions, you authorize the Bank to withdraw funds from your account accordingly. These funds are taken from your account on the day of your scheduled payment. If there are insufficient funds in the account to make payments you have authorized, one attempt will be made on the next business day after the failed attempt to fund the payment. You are responsible for any non-sufficient funds ("NSF") or overdraft charges the Bank may impose, as stated in the deposit agreements governing your accounts. The Bank reserves the right to refuse to honor payment requests that reasonably appear to the Bank to be fraudulent, incomplete, erroneous, or if you do not follow the Bank’s instructions for Bill Payment. In addition, the Bank will not be able to execute any Bill Payment if the payee cannot or will not accept such payment.
Using Bill Payment, you can only pay payees with United States addresses. While most payments can be made using Bill Payment, the Bank reserves the right to refuse to pay certain payees. The Bank also reserves the right to terminate your use of the Bill Payment service.
When scheduling Bill Payments, you should take into account delays that are inherent in processing and sending Bill Payments. In general, Bill Payments may be scheduled for the current Business Day or any date in the future, and we will process your payment on the date you schedule. Please note that Bill Payments will generally be sent out within one or two Business Days after processing, so you should schedule a payment for at least two Business Days before you wish it to be sent. Payments will only be processed once a day at our online service. Business Day Cut-Off time is 6:00 p.m. Central Standard Time. If you attempt to schedule a payment for the same Business Day after the Cut-Off time or on a non-Business Day, it will not be processed until the following Business Day. If the payee is to be paid by paper check, you understand and agree that the check is mailed to the payee and may not be received by the payee until five (5) to eight (8) business days or more after it is debited from your account. If the payee is to be paid electronically, you understand and agree that the payee may not receive the payment until 72 hours or more after it is debited from your account. Further delays may be caused by the failure of the payee to process a payment on the Business Day that is it received. You authorize Home State Bank, and any third party processing agent that we may select, to use any payment method (electronic or paper) we choose to process each of your payments. It is your responsibility to authorize your Bill Payments in such a manner that your bills are paid on time. You are responsible for any late payment or finance charge that may be imposed as a result of your failure to schedule payments or transmit payment instructions in a timely manner. We are not responsible for any delay or other adverse consequence that results or is alleged to result from the choice of payment methods, from delays in the delivery of mail or the improper handling or transmission of payments by a third party, or the failure of a payee to accept, process or properly post a payment in a timely manner.
To cancel a bill payment that you have scheduled, you must cancel the payment online via the online service online before 5:00 p.m. (Central Standard Time) on the date the payment is scheduled to be debited from your account.
2.5 Computer Requirements
In order to use the online service online, you must have your own Internet Service Provider and the necessary computer equipment required by the browser which you select. In this Agreement, your computer and the related equipment are referred to together as your "Computer". You are responsible for the installation, maintenance, and operation of your Computer and your software.
2.6 Registration Process
In order to obtain and use the online service online, you must complete our initial registration process. The online service online registration process involves completing and submitting a secure online application or printed application to the Bank. The Bank will verify your information and mail to you a temporary password. You may activate your online service with your temporary password. You may be required to designate one deposit checking account as your primary account. If you do not do so, we may select a primary account for you. Service fees will be charged to your primary account.
2.7 User ID and Security
Prior to your first use of the online service online, you will have a User Code and a Password (the User Code and Password collectively are referred to as the "User ID"). User IDs may only be obtained by customers who have a Bank checking, savings, money market, certificate of deposit account or loans with us.
We will assign you an initial Password, which you will be able to use one time to gain access to the system. You will be required to change this Password upon your initial entry into the system and every three (3) months thereafter. We will assign you a new Password upon your request at any time. (For example, you may want us to assign you a new Password if you have forgotten your Password.) Any Password we assign you will be usable only once, and you will be required to change it the first time you use it to enter the system. You may voluntarily change your Password at any time. Your Password can be changed within the online service from the "Change" option. For security purposes, it is recommended that you memorize your Password and do not write it down. You are responsible for keeping your Password and account data confidential.
You will need the User ID to gain access to the online service. Use of the User ID is the agreed security procedure between you and the Bank. You should keep your User ID confidential in order to prevent unauthorized use of the online service and possible loss to your accounts. Anyone to whom you give or disclose your User ID will have full access to your accounts, even if you attempt to limit that person’s authority. You are responsible for all transactions you authorize or make using the online service, including any transactions that may be unintentionally or inadvertently authorized or made, and any losses, charges, or penalties incurred as a result. In addition, except as otherwise provided in this Agreement, you are responsible for transactions by unauthorized persons using your User ID.
All accounts will have the following activity levels:
Inquiry. You will be able to obtain current account balance and transaction information on most accounts. The amount of transaction information available online may vary by account type.
Transactional. You will be able to obtain account information, transfer funds between accounts, and obtain certain other banking services.
We reserve the right to deactivate any User ID that has been "inactive" for a period of three (3) months or more. If your User ID has been closed, you will be required to go through the registration process again to restore access to the online service.
2.8 Reporting Unauthorized Transaction or Theft or Loss of User IDs
If you believe that an unauthorized transaction has been or may be made from your account, alert the Bank immediately by calling us at 515.386.2131 or toll-free 888.386.2131 or write us at:
Home State Bank
PO Box 351
Jefferson, IA 50129-0351
2.9 No Signature Required
When using the online service to pay bills, you agree that the Bank, without prior notice to you, may debit any payment account(s) to pay checks that you have not signed by hand or by legally acceptable form of electronic signature. When using the online service to make transfers from credit accounts, you agree that the Bank, without prior notice to you, may take any action required to obtain cash advances on your behalf, including charging any credit account(s) at the Bank without your handwritten or legally acceptable electronic signature.
3.0 RESPONSIBILITY OF PARTIES
3.1 Confidentiality and Access to The Online Service
The Bank shall exercise due care in seeking to preserve the confidentiality of your User ID and to prevent access to the online service in general and your accounts in particular by unauthorized persons. In this connection it is understood and agreed that implementation by the Bank of its normal procedures for maintaining the confidentiality of information relating to its customers and preventing unauthorized transactions shall constitute fulfillment of its obligation to exercise due care. The Bank shall not be under any liability or have any responsibility of any kind for any loss incurred or damage suffered by you by reason or in consequence of any unauthorized person gaining access to or otherwise making use of your accounts through the online service if (i) the Bank has fulfilled its obligation of due care, or (ii) the loss or damage could have been avoided had you promptly notified the Bank when you received knowledge or notice of an unauthorized transaction or other breach of security, or (iii) the unauthorized transaction was a transfer of funds to an account owned by you or by any person or entity which controls, is controlled by, or is under common control with you. You assume full responsibility for the consequences of any misuse or unauthorized use of or access to the online service system or disclosure of any of your confidential information or instructions by your employees, agents or other third parties. When the Bank becomes aware of any unauthorized access to your accounts, it will advise you as promptly as practical thereafter.
3.2 Hardware and Software Malfunctions
The risk of error, failure, incompatibility or nonperformance of your computer system is your risk and includes the risk that you do not operate your computer or your software correctly. The Bank is not responsible for any errors or failures from any malfunction of your computer or your software. The Bank shall have no liability to you for any damage or other loss, direct or consequential, which you may suffer or incur by reason of your use of your computer or your software. THE BANK MAKES NO WARRANTY TO YOU REGARDING YOUR COMPUTER OR YOUR SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Bank makes no representations or warranties regarding the accuracy, functionality, or performance of any third party software that may be used in connection with the online service (e.g., Quicken, Microsoft Money). The Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage you to routinely scan your computer, diskettes, and software using a reliable virus product to detect and remove any viruses found. Undetected or unrepaired viruses may alter, corrupt, damage, or destroy your programs, files, and even your computer. Additionally, you may unintentionally transmit the virus to other computers, diskettes, and software.
3.3 Limitation of Liability
IN NO EVENT SHALL THE BANK BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND INCLUDING LOST PROFITS WHETHER OR NOT THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
4.1 Periodic Statements
Your online service payments and transfers will be indicated on monthly statements we provide or make accessible by mail or delivery service. You have a right under federal law to receive such statements for accounts governed by the EFTA and Reg. E. We may also provide or make accessible to you statement information electronically or by some other means. You agree to notify us promptly if you change your address or if you believe there are errors or unauthorized transactions in any statement, or statement information.
4.2 Business Days and Hours of Operation
The online service is generally available twenty-four (24) hours a day, seven (7) days a week. However, at certain times, some or all of the online service may not be available due to system maintenance. During these times, you may use a Bank ATM or the Bank to conduct your transactions. A transfer initiated through the online service before 6:00 pm (Central Standard Time) on a Business Day is generally posted to your account the same day. All transfers completed after 6:00 pm (Central Standard Time) on a Business Day or on a Saturday, Sunday or federal banking holiday will generally be posted on the next Business Day. Our Business Days are Monday through Friday. Saturday, Sunday, and federal banking holidays are not included.
4.3 Notices and Communications
Except as otherwise provided in this Agreement, all notices required to be sent to you will be effective when we mail or deliver them to the last known address that we have for you in our records. Notices from you will be effective when received by mail at the address specified in Section 2.8 above.
4.4 Email Communications
In general, communications sent over the public Internet are not necessarily secure. Therefore, we will not send and we strongly suggest that you do not send, any confidential account information via Internet e-mail. We will not respond to account information related questions sent via Internet e-mail. You agree that we may take a reasonable time to act on any e-mail.
Correspondence that requires expeditious handling, for example, if you need to report an unauthorized transaction from one of your accounts, should be made by calling the bank at 515.386.2131 or toll-free 888.386.2131.
Unless you have instructed us otherwise, you agree that we may send you electronic messages about products or services we offer.
The Bank may assign its rights and delegate its duties under this Agreement to a company affiliated with the Bank or to any other party.
4.6 No Waiver
The Bank shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by the Bank. No delay or omission on the part of the Bank in exercising its rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
4.8 Governing Law
Regardless of where you live or work or where you access the online service, this Agreement will be governed by, and construed in accordance with, the laws of the State of Iowa and the federal laws of the United States of America. (The law governing any deposit account subject to this Agreement will be that of the state in which the deposit account is located.)
In the event either party brings legal action to enforce the Agreement or collect overdrawn funds on accounts accessed under the Agreement, the prevailing party shall be entitled, subject to applicable law, to payment by the other party of its reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable. If there is a lawsuit, you agree that it may be filed and heard in the State of Iowa, if allowed by applicable law.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intent of the Agreement, and the remaining portions shall remain in full force and effect.
5. FUNDS TRANSFER SERVICE FOR ACCOUNTS SUBJECT TO THE ELECTRONIC FUNDS TRANSFER ACT
The EFTA and Reg. E may govern some of the accounts to which you have household access through the online service In general, the EFTA and Reg. E govern accounts established by a natural person primarily for personal, family or household purposes. The following terms and disclosures apply to accounts governed by the EFTA and Reg. E ("EFTA Accounts"), and, with respect to EFTA Accounts, if there is any conflict between these disclosures and terms set forth elsewhere in this Agreement, these disclosures shall control. These disclosures do not apply to accounts that are not EFTA Accounts.
5.1 Customer Liability
You should notify the Bank immediately if you believe any of your accounts have been accessed or your User ID has been used without your permission. Contacting the Bank immediately, especially by telephone, will help you reduce your potential losses.
If someone used your User ID without your permission, you can lose no more than $50 if you notify the Bank within two (2) business days of discovering any unauthorized use of your Access Device. However, you can lose as much as $500 if you do not notify the Bank within two (2) business days of discovering the unauthorized use and the Bank can prove that it could have prevented the unauthorized use had it been notified.
If you do not report unauthorized transactions that appear on any of your periodic statements within sixty (60) days after such statements are mailed to you, you risk unlimited losses on transactions made after the sixty (60) day period has passed if the Bank can show that it could have prevented the unauthorized use had it been notified within this sixty (60) day period. At the Bank’s sole discretion, we may extend the time periods.
You are fully obligated to us to provide sufficient funds for any payments or transfers you make or authorize to be made. If we complete a payment or transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction, you agree that we may reverse the transaction or offset the shortage with funds from any other deposit account(s) you have with us to the extent permissible by the applicable law and the terms of any other relevant agreements.
5.2 Preauthorized Transfers
A preauthorized electronic fund transfer (PEFT) is an electronic fund transfer that is authorized in advance and is scheduled to recur on a periodic basis. If a PEFT to your account is scheduled to occur at least once every sixty (60) days, you are entitled to notice of the transfer from us within two business days after it occurs, or notice that it did not occur within two (2) business days after the scheduled transfer date, or we are required to provide a readily available telephone line you may call to determine whether the transfer occurred. We need not comply with the foregoing requirements, however, if the payor notifies you that the transfer has been initiated.
If a PEFT from your account will vary in amount from the previous transfer under the same authorization, you have the right to receive from the payee or from us written notice of the amount and date of the transfer at least ten (10) days before the scheduled date of transfer.
Under the EFTA and Reg. E you have certain stop-payment rights and obligations for PEFT’s. You can stop any PEFT by calling or writing to us at least three (3) business days before the payment is scheduled to be made. If you stop payment by telephone, we may also require you to send us your request in writing within fourteen (14) days after you call.
5.3 Bank’s Responsibility
The Bank is responsible for completing transfers on time according to your properly entered and transmitted instructions. However, the Bank will not be liable for completing transfers:
if, through no fault of ours, you do not have enough available money in the account from which a payment or transfer is to be made, if the account has been closed, frozen, or is not in good standing, or if we reverse payment or transfer because of insufficient funds;
- if any transfer exceeds the credit limit of any account or under the instructions of this Agreement;
- if you have not properly followed software or the online service instructions on how to make a transfer or other transaction;
- if you have not given the Bank complete, correct, and current instructions, account numbers, User IDs, or other identifying information so that the bank can properly credit your account or otherwise complete the transaction;
- if you receive notice from a merchant or other institution that any payment or transfer you have made remains unpaid or has not been completed, and you fail to notify us promptly of that fact;
- if withdrawals from any of your linked accounts have been prohibited by a court order such as a garnishment or other legal process;
- if your computer, your software, or the online service was not working properly and this problem should have been apparent to you when you attempted to authorize a transfer;
- if you, or anyone you allow, commits fraud or violates any law or regulation;
- if circumstances beyond the Bank’s control prevent making a transfer or payment, despite reasonable precautions that the Bank has taken. Such circumstances include telecommunications outages, postal strikes, delays caused by payees, fires, and floods. There may be other exceptions to the Bank’s liability as stated in the deposit, line of credit, and other Bank agreements.
In addition, the Bank will not be liable for indirect, special, consequential, economic, or other damages arising out of the installation, use or maintenance of the online service and/or its related equipment, software, or online services.
5.4 Disclosure of Account Information to Others
We will disclose information to third parties about your account or the transfers you make:
- where it is necessary for completing transfers; or
- in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
- in order to comply with government agencies or court orders; or
- you give us written permission
5.5 Error Resolution
If you believe your User ID has become known by an unauthorized person, or that an unauthorized transaction has been or may be made from your account, alert the Bank immediately by calling us at 515.386.2131 or toll-free 888.386.2131 or write us at:
Home State Bank
PO Box 351
Jefferson, Iowa 50129-0351
If you think your statement is wrong or if you need more information about a transaction listed on the statement, the Bank must hear from you no later than sixty (60) days after it sends or delivers to you the FIRST statement on which the problem or error appeared. If you requested more information about a problem or error, the Bank must hear from you within sixty (60) days after it sends or delivers that information to you.
Tell us your name and account number(s)
Tell us the type, time, and date of the transaction and the dollar amount of the suspected error. Describe the error or the 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
If you tell the Bank orally, we may require that you send in your complaint or question in writing within ten (10) business days after we hear from you and we will then in good faith attempt to correct any error promptly.
If the Bank needs more time, however, it may take up to forty-five (45) days to investigate your complaint or question, in which case, the Bank will re-credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes the Bank to complete its investigation. If the Bank asks you to put your complaint or question in writing and does not receive it within ten (10) business days, the Bank may not re-credit your account.
If the Bank decides that there was no error, we will send you a written explanation within three (3) business days after it finishes its investigation. You may ask for copies of the documents that the Bank used in its investigation.
Schedule A: Online Service Fee Schedule
The Online Service access and bill payment service: No fee
CONFIRMATION OF AGREEMENT
Please indicate below your agreement to abide by the terms and conditions set forth in Home State Bank's Online Banking Services Agreement and Disclosures.
You agree to accept this Agreement and Disclosers in the electronic form presented. If you desire a copy and are unable to print a paper copy of this Agreement and Disclosures, you may request a paper copy by calling Home State Bank at 515.386.2131 or toll free 888.386.2131.