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INTERNET BANKING/BILLPAY AGREEMENT 1. The Services: Use of Home Bank's Internet Banking Services requires at least one eligible personal deposit or loan account with us. If you have more than one account relationship with us, we will "link" your account relationships together with your primary personal checking account, unless you request in writing that certain accounts not be linked. Accounts which are "linked" under the Services will have one common owner and signer. Any signer, acting alone, must be authorized to access a linked account. Any non-linked account will not be accessible through the Service. An account that requires two or more signatures for withdrawal may not be designated as an eligible account. Internet Banking In consideration of the Internet Banking services (Service) to be provided by Home Bank, the customer agrees as follows. You may use a Personal Computer ("PC") through an Internet connection at no charge to:
- Transfer funds between linked accounts
- View the balances of your linked accounts
- Review recent transactions in your linked accounts
- Download information about your designated accounts to versions 2004 or less of Microsoft Money, Quicken or comma-delimited (text.)
- Communicate with us via e-mail
BillPAY In addition to Internet Banking Services, for personal accounts, you may elect to use BillPay (Service). BillPay is not available to business customers including commercial, sole proprietors, organizations or associations. In order to access the BillPay service you must have a personal checking account with us. Our BillPay service is optional, however if you sign up for Internet Banking, you automatically have the ability to access BillPay if you choose to enable the Service. BillPay allows you to make payments electronically from your "linked" checking accounts with us to third parties. You may make payments through BillPay to any business professional, merchant, family member, or friend. The "account" means your designated bill payment checking account at Home Bank from which we make bill payments on your behalf pursuant to the Agreement. The cost of BillPay Service is $4.95 monthly, which includes 20 BillPay transactions per statement cycle. You will be charged .35 per transaction after 20 in any given statement cycle. (See section 27 for other BillPay accounting services.) BillPay charges will begin when you set up your first vendor to be paid through the Service. This means that when you enter vendor information into the computer, BillPay monthly charges will begin. The monthly BillPay charge will appear on your statement at statement cutoff. By signing up for Home Bank's Internet Service you agree to the terms of the Agreement for Internet Banking and BillPay. For Internet Banking and BillPay Services, the terms and conditions of this agreement are in addition to the account agreement, disclosures and other documents in effect from time to time governing your accounts with us. This agreement supplements the Electronic Funds Transfer Agreement and disclosure that you received at the time your deposit account was opened. 2. Merchant Identification and Payment Information Payments to merchants generally include utility companies, merchants, financial institutions, insurance companies, individuals, etc. whom you wish to pay through Home Bank's BillPay. In order to initiate payments, you will need the mailing address and telephone number for each and your account number with each payee. We reserve the right to decline to make payments to certain persons and entities and under certain circumstances. For example you may not:
| make tax or court ordered payments;
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| make payments in amounts over $9,999.99;
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| make duplicate payments to the same payee in any given day; or
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| make payments outside the United States.
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3. Equipment In order to access Internet Banking and BillPay through Home Bank you will need a personal computer with a 486DX 66 MHz or faster processor, (Pentium central processing unit recommended) 16 megabytes (MB) of memory (32 MB recommended) and at least 34 MB free hard disk space. The actual requirement varies depending on the features you choose to install. You will also need a VGA or higher-resolution monitor, (16-bit or 24-bit color SVGA recommended) a Microsoft or compatible mouse, and an Internet connection and a modem (28.8 or faster recommended.) The following browsers are supported by Premier eCom version 2.5 and higher and are qualified for MFA:Microsoft Windows (98, ME, 2000, & XP) Microsoft IE: 6.0 or higher, Netscape Navigator: 6.1 or higher, Mozilla Firefox: 1.0 or higher, Opera: 7.54 or higher Mac OS X, Netscape Navigator: 7.0 and higher, Mozilla Camino: 0.8.1 and higher, Apple Safari: 1.0 and higher, Mozilla Firefox: 1.0 and higher, Opera: 7.54 and higher. Premier eCorp minimum browser requirements (also compatible with MFA): Microsoft Windows (98, ME, 2000, XP): Microsoft IE: 6.0 and higher, Mozilla Firefox: 1.0 and higher, Mac OS X (OS 10.0.38 or greater): Firefox: 1.0 and higher. PremierACH is only qualified for use with Microsoft Internet Explorer on Windows PCs. Apple Safari is not a qualified browser with Premier Ecorp. You are solely responsible for the equipment (including in the case of Internet Banking, your personal computer and software) you use to access the Services. We are not responsible or liable for errors or delays or your inability to access Services caused by your equipment or for any other reason. We are not responsible for the cost of upgrading your equipment to stay current with the Services nor or we responsible, under any circumstances, for any damage to your equipment or the data resident thereon. 4. Your Access Code and Password Once you enroll in Internet Banking and BillPay Services, you will be assigned an access code and a password. The first time you log on to our website you will be prompted to change your password. The new password you select must be a minimum of 6 characters, up to a maximum of 14 characters, which must consist of at least one upper case alpha, one lower case alpha and one numeric. Home Bank is entitled to act on instructions received through Internet Banking under your password without inquiring into the identity of the person using the password. However do not give your password to anyone. For maximum security do not leave your personal computer unattended while you are in our Online Internet Banking site. 5. Scheduling Payments. For BillPay transactions payments are posted against your balance available for withdrawal, as defined in our Funds Availability Policy. In the event you do not have sufficient funds in your account to pay the scheduled bills, the Service will attempt to pay them for up to seven business days following the transaction date. We will send you a notice at your specified address that the payment did not take place on the originally scheduled date. 6. Delivery of Your Payments and Transfers You may schedule payments to be initiated on the current business day, on a future date, or on the same date of each month, subject to the restrictions in the Agreement. Although you can enter payment information through BillPay, twenty-four (24) hours a day, seven (7) days a week, payments can be initiated only on business days. Funds will be deducted from your Account on the business day on which a payment is to be "initiated". This date is referred to in this Agreement as the "Transaction Date." If you direct the initiation of a payment to occur on a day other than a business day, it will be initiated on the closest preceding business day. For example, if you schedule a payment with a transaction date that happens to fall on a non-business day such as a Saturday or a Sunday, the payment will be deducted from your checking account on the Friday (business day) before the transaction date you entered. After funds are withdrawn from your Account, we may remit your payments by mailing your Payee a check, by electronic funds transfer, including the Automated Clearing House (ACH) or by other means. Because of the time it takes to send your payment to them, your Payees generally will not receive payment on the Transaction Date. This applies regardless of whether the payment is a next-day payment, a future payment, or a recurring payment, as described below. Therefore, in order to provide sufficient time for payments to be received by your Payees, including mailing time the Transaction Date should be a minimum of seven (7) business days prior to the date your payment is due, excluding any applicable grace periods. It is helpful if you allow additional time for a payment to be completed the first time you send a payment to the Payee through the Service. This allows the Payee to adjust to the new form of payment. Payments must be scheduled by the cut-off time of 3:30PM Central Standard Time (CST) on any business day in order for the payment to be initiated for that business day. Transfers must be scheduled by the cut-off time of 6:00PM (CST) on any business day in order for the transaction to be completed on that business day. 7. On demand and Recurring Payments. With BillPay you may set up one-time payments (on demand) or you may set up Recurring payments. Recurring payments are those made for the same amount and are made on a weekly, bi-monthly, monthly basis, etc. When setting up payments through BillPay, you may enter the number of payments you wish to make. Once started, recurring payments will be made automatically until you initiate changes within BillPay or tell us to stop or cancel the service and we have a reasonable opportunity to react. 8. Our Liability for Failure to Complete Transactions If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we might be liable for some of your losses or damages. However, there are some exceptions. We will not be liable for instance:
A.
| If through no fault of ours, you do not have enough money in your account to make the transfer;
| B.
| If the money in your account is subject to legal process or other encumbrances restricting transfer;
| C.
| If the transfer would go over the credit limit on your overdraft line (if any);
| D.
| If the system was not working properly when you started the transfer;
| E.
| If circumstances beyond our control (such as a fire or flood or systems failure) prevent the transfer, despite reasonable precautions that we have taken; or
| F.
| If the payee mishandles or delays handling payments sent by us.
| G.
| If your payment or transfer was set up in a manner other than set forth in our agreement with you.
| 9. Canceling Payment. Once you set up a payment, you can revise the amount or the due date online, on the transaction date on or before 3:30p.m. (CST). You may contact our representatives at (337) 261-9440 during normal business hours to cancel a payment up 5 p.m. (CST) on the business day your payment is scheduled to be initiated ("Transaction Date") for a fee of $25.00. After this date it is not possible to stop or cancel a payment. To delete merchants from the Service you must contact us. 10. Statements All payments, transfers, and/or fees made through the Service will appear on your monthly Account statement. The description, payment amount and date of the payment will be shown for each payment made through the Service during that statement cycle. The payee name will appear on your monthly statement only if it is included in the description field. 11. Fees for Services Fees for services shall be payable in accordance with a schedule of charges as established and amended by Home Bank from time to time. Charges shall be automatically deducted from customer's account, and Home Bank shall provide to customer monthly a notice of such debit(s) on account statements. (See section 27 for fee schedule) 12 Business Days/Hours of Operation. As stated in Section 6 payments and transfers can be completed only on business days. The Service is available 24 hours a day, seven days a week, except during maintenance periods, for the scheduling of payment orders and transfers. You can reach our customer service desk between the hours of 8 a.m. and 5 p.m. (CST), Monday through Friday or you may email us at mail@home24bank.com (see section 13 regarding email communication to and from Home Bank.) Our lobby hours are 9 a.m. to 4 p.m. (CST) Monday through Thursday, and 9 a.m. to 5:30 p.m. (CST) on Friday, except for bank holidays. Our drive through hours are 10 a.m. until 1 p.m. on Saturday at our Kaliste Saloom and Johnston Street offices in Lafayette, La. 13. Transmissions to and from the Website Home Bank's Online Banking utilizes the latest technology, which was developed to safeguard data through encryption of information. This creates barriers between systems that can only be crossed with passwords. You may elect to use our BillPay Service to make payments out of your accounts with us, however you cannot use email as a means to initiate transactions to and from your accounts with us. You may communicate with us through email. We will attempt to answer email communications promptly, however if you have a question or concern needing immediate attention please contact us during normal business hours to speak to a live operator at 337-261-9440 between the hours of 8 a.m. and 5 p.m. (CST) Monday through Friday. If you are calling from outside of Lafayette Parish, dial (866) 401-9440. 14. Notice of Your Rights and Liabilities. Security of your transactions is important to us. Use of the Services will therefore require an access code and a password. If you forget your password, please call (337) 261-9440 during normal business hours shown above. Home Bank employees will not ask you for your password. We may accept as authentic any instructions given to us through the use of your password. You agree to keep your password secret and you will not reveal it to anyone. You will notify us immediately if your password is lost or stolen or if you believe someone has discovered your password. You agree that if you give your password to someone else, you are authorizing them to act on your behalf, and we may accept any instructions they give us to make transfers or payments or otherwise use the Services. Internet Banking Services enables you to change your password; we encourage that you do so regularly. We may be liable for certain security breaches to the extent required by applicable law and regulation. We do not assume any other liability or otherwise guarantee the security of information in transit to or from our facilities. Please note that we reserve the right to (1) monitor and/or record all communications and activity related to the Services; and (2) require verification of all requested transfers in the manner we deem appropriate before making the transfer (which may include written verification by you.) You agree that our records will be final and conclusive as to all questions concerning whether or not your password was used in connection with a particular transaction. If any unauthorized use of your /password occurs you agree to (1) cooperate with us and appropriate law enforcement authorities in identifying and prosecuting the perpetrator; and (2) provide reasonable assistance requested by us in recovering any unauthorized transfer of funds. 15. Reports of Unauthorized Transactions Tell us AT ONCE if you believe your password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within (2) business days you can lose no more than $50.00. If you do not tell us within two (2) business days after you learn of the loss or theft of your password and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.00. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you you may not get back any money you lose after the sixty (60) days, if we can prove that we could have prevented someone from taking the money if you had told us in time. If you believe your password has been lost or stolen call (337) 261-9440 during normal business hours shown above. If you are calling from outside of Lafayette Parish, dial (866) 401-9440. WE CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN PASSWORDS OR UNAUTHORIZED TRANSFERS VIA E-MAIL. 16. Errors and Questions. In case of errors or questions about your electronic transactions, telephone us at (337) 261-9440 from 8 a.m. -5 p.m. (CST) Monday through Friday, or Write us at: Home Bank, P.O. Box 81459, Lafayette, LA. 70598-1459, Attention: Customer Service. If you are calling from outside of Lafayette Parish, dial (866) 401-9440. As soon as you can, if you think your statement or receipt is wrong, or if you need more information about a transaction listed on the statement or receipt, please contact us. We must hear from you no later than sixty (60) days after we sent you the first statement on which the problem or error appeared. You will need to: A. Tell us your name and account number (if any); B. Describe the error or the Transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and C. Tell us the dollar amount of the suspected error. If you tell us verbally, we may require you to send us your complaint or question in writing within ten (10) business days following the date you notified us. We will determine whether an error occurred within ten (10) business days (twenty (20) business days if the notice of error involves an electronic fund transfer to or from the account within thirty (30) days after the first deposit to the account was made) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days (twenty (20) business day if the notice of error involves an electronic funds transfer to or from the account within thirty (30) days after the first deposit to the account was made) for the amount you think is in error, so that you will have 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 within ten (10) business days, we may not credit your account. If we determine there was no error, we will reverse the previously credited amount, if any, and we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of the documents we used in our investigation. 17. Disclosure of Account Information to Third Parties. We may disclose information to third parties about your account or the transactions you make; A. where it is necessary for completing transactions or resolving errors involving the Services; or B. in order to verify the existence and condition of your account for a third party, such as a credit bureau or a merchant; or C. in order to comply with government agency rules, court orders, or other applicable law; or D. if you give us your permission; or E. as otherwise provided in other agreements you have with us regarding your accounts. 18. Authorization to Obtain Information. You agree that we may obtain and review your credit report from a credit bureau or similar entity. You also agree that we may obtain information regarding your Payee Accounts in order to facilitate proper handling and crediting of your payments. 19. Termination If you want to terminate your access to the Service, call us at (337) 261-9440 during normal business hours. If you are calling from outside of Lafayette Parish, dial (866) 401-9440. After receipt of your call, we will send a written termination authorization for your signature to be returned to us. In order to avoid imposition of the next monthly fee, we must receive your written authorization to terminate three (3) days before your service charge is scheduled to assess. RECURRING TRANSFERS WILL NOT NECESSARILY BE DISCONTINUED BECAUSE YOU TERMINATE ACCESS TO THE SERVICES. IF YOU WANT TO MAKE SURE THAT RECURRING TRANSFERS BETWEEN ACCOUNTS ARE STOPPED YOU MUST FOLLOW THE PROCEDURES IN THE CANCELING PAYMENTS PARAGRAPH. SEE SECTION NINE. We reserve the right to terminate the services in whole or in part, at any time with or without prior written notice. In that event or in the event that you give us a termination notice, we may (but are not obligated to) immediately discontinue making previously authorized transfers, including recurring transfers and other transfers that were previously authorized but not yet made. We also reserve the right to temporarily suspend the Services in situations deemed appropriate by us, in our sole and absolute discretion, including when we believe a breach of system security has occurred or is being attempted. We may consider repeated incorrect attempts to enter your access code and/or password as an indication of an attempted security breach. Termination of the Services does not affect your obligations under this Agreement with respect to occurrences before termination. 20. Limitation of Liability Except as otherwise provided in this Agreement or by law, we are not responsible for any loss, injury, or damage, whether direct, indirect, special or consequential, caused by the Service or the use thereof or arising in any way out of the installation, operation, or maintenance of your PC equipment and for any electrical, mechanical problems that are not caused by Home Bank and/or for any other reason. . 21. Waivers No waiver of the terms of this Agreement will be effective, unless in writing and signed by an authorized officer of Home Bank. 22. Assignment. You may not transfer or assign your rights or duties under this Agreement. 23. Governing law The laws of the State of Louisiana shall govern this Agreement and all transactions hereunder. Customer acknowledges that he/she has reviewed this Customer Agreement, understands the terms and conditions set forth herein, and agrees to be bound hereby. 24. Amendments We can change a term or condition of this Agreement by mailing or delivering to you a written notice at least thirty (30) days before the effective date of any such change. We do not need to provide you with any prior notice where an immediate change in the terms or conditions of this Agreement is necessary to maintain or restore the security of our system or an account. However, even in these cases, if the change is to be made permanent, we will provide you with a notice of the change with the next regularly scheduled periodic statement or by electronic means within thirty (30) days, unless disclosure would jeopardize the security of our system or an account. Notices mailed or delivered to you under this paragraph will be considered effective if mailed to the most recent address we show for you in either our Checking or Savings Account records, or email address in which you authorized to receive such notices and /or disclosures. You agree to promptly notify us if your contact information changes such as street address or email address. 25. Indemnification Customer, in consideration of being allowed access to the Services, agrees to indemnify and hold Home Bank harmless for any losses or damages resulting from the use of the Services, to the extent allowed by applicable law. 26. Security Procedures By accessing the Services, you hereby acknowledge that you will be entering a protected web site owned by Home Bank, which may be used only for authorized purposes. Home Bank may monitor and audit usage of the System, and all persons are hereby notified that use of the Services constitutes consent to such monitoring and auditing. Unauthorized attempts to upload information and/or change information on these web sites are strictly prohibited and are subject to prosecution under the Computer Fraud and Abuse Act of 1986. 27. Internet Banking Service and BillPay Fee Schedule Basic Internet Banking Service is free. BillPay Monthly service charge - $4.95 monthly, up to 20 payments and $.35 per payment thereafter. BillPay Non-Sufficient Fund fee $20.00 BillPay Stop Payment Fee $25.00 (refer to section 9 above) BillPay Research fee (minimum) $10.00 hourly
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