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Online Banking Disclosure
ONLINE BANKING AGREEMENT AND ELECTRONIC FUNDS TRANSFER DISCLOSURE.
Use of Home Bank's (Home Bank, N.A.) Internet Banking Service 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 Service 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 this service. An account that requires two or more signatures for withdrawal may not be designated as an eligible account. The Electronic Funds Transfer Disclosure applies to consumer accounts only and not to business purpose accounts. Use of the Service is expressly conditioned on your acceptance of this Agreement. By using the Service you acknowledge that you have read and agree to abide by the terms and conditions as stated herein. If you do not agree to the terms and conditions stated herein, you may not use the Services.
In order to enroll in and use Home Bank's Online Banking Service, you will need to provide certain information such as your 9-digit Social Security or Tax Identification Number, one Home Bank account number and the type of account, whether checking, savings or other Home Bank account, your name, Telebanc or alternative code number and your email address. In order to access our Bill Pay Service, you must sign up for Home Bank's online banking.
Types of Transactions:
In consideration of the Internet Banking Service to be provided by Home Bank, you may use a Personal Computer (PC) through an Internet connection to:
- View the balances, transactions and online check images of your linked accounts
- Transfers balances between linked accounts
- Download information about your designated accounts to Microsoft Money, Quicken or comma- delimited (text.)
- Communicate with us via e-mail
- Update your email address
- Reorder Checks for checking account established at Home Bank
- Request Stop Payments
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 disclosures that you received at the time your deposit account was opened.
In order to access Internet Banking for Business through Home Bank and to take full advantage of features available with this online banking software you will need a personal computer, an internet connection and internet access. You will need a monitor resolution of 800x600 (or greater) for best performance. Any one of the following Internet browsers may be installed: For Windows Vista and Windows XP, Microsoft Internet Explorer 7.0 or higher, or Firefox 2.0 or higher, or Opera 8.0 or higher, or Google Chrome. For Mac OS x 10.3 or higher, you may utilize Firefox 2.0 or higher, Safari, 2.0 or higher, Camino 1.5.3 or higher or Opera 8.0 or higher. 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 for the data resident thereon.
Your Access Code and Password
Once you enroll in Internet Banking, you will be required to set up an access code and a password.
- All personal online banking customers will be required to change their passwords every six months.
- Passwords for personal online banking must meet the following requirements:
- Each password must be a minimum of eight characters in length (up to 14 characters), and must contain at least one uppercase letter, one lowercase letter, one number, and one special character. The special characters are those created by pressing SHIFT with the keyboard number keys (!@#$%^&*()).
Transfers must be conducted by the cut-off time of 7:00PM (CST) on any business day in order for the transaction to be completed on that business day. Your ability to transfer funds from certain accounts is limited by federal law. Transfers completed through the service are included in calculating the permissible number of transfers from certain accounts as described in account disclosures provided you when your account was initially opened.
On-Demand and Recurring Transfers
You may set up one-time or recurring transfers. Recurring transfers are those made for the same amount and are made on a weekly, bi-monthly, monthly basis, etc. Once started, recurring transfers will be made automatically until you initiate changes or tell us to stop or cancel the service and we have a reasonable opportunity to react.
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 in interruption of telecommunication services, catastrophic or emergency conditions, or a natural disaster (such as fire or flood or systems failure) prevent the transfer, despite reasonable precautions that we have taken.
Consent to Electronic Delivery of Notices
You hereby agree that any notice or other type of communication including commercial communications provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including Electronic Fund Transfer disclosures, may be made electronically by posting the notice on the Home Bank website or by e-mail. You agree to notify us immediately of any changes in your email address. You may terminate your consent to electronic delivery of notices at any time by providing us with written notice of your desire to terminate your consent by U.S. mail or by fax. The termination of your consent to electronic delivery of notices will take effect on or before the close of the third (3rd) Business Day following our receipt of your notice advising us of the termination of your consent to electronic delivery of notices. You will remain responsible for all outstanding fees and charges as described in your new account disclosures if any are incurred.
All transfers, and/or fees as described in your services agreement with us and made through the Service will appear on your monthly Account statement. You may view your transaction account statements online through "Documents" however in order to discontinue receiving paper statements you must sign up to discontinue receiving them in person at one of our branch offices.
Bill Payment Service
This election is provided once you enroll in the service and accept the additional "Terms and Conditions" of the Bill Payment Service Disclosure". Once you sign in to internet banking, select the "Express Transfers" tab, then the "Payments" tab to enroll. Please read the disclosure during the enrollment process and right click on the document to maintain a copy for your records.
- Payment Accounts. If you have enrolled in the optional bill payment service, you may use our Internet Banking Service to initiate payments from any Deposit Account that is a checking account with unlimited check-writing privileges (a "Payment Account") to pay obligations owed to certain third parties in the United States (the "payees"). These types of transactions are referred to in this Agreement as "bill payments".
- Payee Information. You may set up and maintain Payee information on the bill payment software and initiate payments to them at your discretion. Once added, your Payees will remain on the Software to facilitate future bill payments. You may edit or deleted Payees as needed. You must initiate each individual or recurring bill payment. It is critical that accurate account number information is entered for each Payee that you add. You may enter your name in the Account Number Field in addition to your Account Number for that Payee. If you do not have an account number with a particular Payee, you should enter your name in the account number field so that the Payee will know that the payment was made on your behalf.
- Payment Method. Payments to select merchants may be made electronically through the Automated Clearing House system. Payments to all other vendors are made by check and mailed to the address input by you into the system. It is critical you enter accurate name and address information.
- Authorization. You agree that we may treat any bill payment that was initiated through our bill payment service by you or by any other person who is authorized to use your PASSWORD the same as your duly executed written payment order or check, all in accordance with the terms of this agreement and your deposit agreement with us.
- Time of Bill Payments. Transactions begin processing four (4) business days prior to your scheduled payment date. Therefore, the application will not permit you to select a scheduled payment date less than four (4) business days from the current date. When scheduling payments you must select a scheduled payment date that is no later than the actual due date reflected on your payee statement unless the due date falls on a non-business day. If the actual due date falls on a non-business day, you must select a scheduled payment date that is at least one (1) business day before the actual due date. Scheduled payment dates should be prior to any late date or grace period. Please refer to the terms and conditions of the Bill Payment Service for the service guarantee and other important information.
- Returned or Rejected Bill Payments. If a bill payment is returned or rejected, whether by the bank, the Service Provider, or any third party (including without limitation, an intermediary bank or the Payee's bank) then we will notify you and you will be solely responsible for re-initiating the bill payment. You agree to furnish to the bank such information as it may request to resolve any error or inquiry arising out of your initiation of any bill payment.
- Cancellation or Stop Payment of Bill Payments; Revocation of Authorization. Your bill payment instructions are temporarily stored by the Software and then transferred to the Bank on the day of processing. The payments that are temporarily stored by the Software are considered to be in "Pending Status". You may change or cancel bill payments at any time without an additional charge as long as the item is still in pending status and by following instructions in the software. To request a stop payment for an item that is no longer in Pending Status contact customer service at 337-261-9440 or 1-855-401-9440. If you call we will also require you to put your request in writing and deliver it to us no later than fourteen (14) days after you call. We will charge you the fee set forth in Home Bank's Truth in Savings Schedule of Fees for each stop payment order you give. You may not stop payment on any type of online transfer other than a bill payment.
- Fees and Charges for Bill Payment Service. You agree to pay reasonable charges for services you request which are not covered by this Agreement. There is no charge for Internet Banking Service which facilitates bill pay. Consumers will receive a sixty (60) day introductory period to use the Bill Pay Service. A charge of $4.95 per month will be assessed after the introductory period expires. In any calendar month where 3 bill payments are made, the $4.95 monthly fee will be waived. The bill pay fee will be assessed on the 5th of each month.
Mobile Banking is offered as a convenience and supplemental service to Home Bank's Internet Banking services. It is not intended to replace access to Internet Banking from your personal computer or other methods you use for managing your accounts and services with us. To utilize the Mobile Banking service, you must first enroll for and maintain enrollment in, Internet Banking. Once you have signed in to Home Bank's Internet service, you may access your accounts with supported Wireless Devices by following our instructions for enrolling and activating your Wireless Device. You will be required to accept a separate Mobile Banking Agreement (Addendum) in order to utilize the service. These terms, provisions, or conditions constitute a part of the Mobile Banking service terms and the Agreement. When you activate your Wireless Device, and each time you use or allow anyone else to use the Mobile Banking Service, you confirm your agreement to abide by and to be bound by the terms and conditions of the Mobile Banking Service in effect at that time. With Mobile Banking, you may check account balances and transactions, transfer funds between your linked accounts and pay bills, if you have elected Home Bank's Bill Pay service.
To enroll in Mobile Banking, you must first login to Home Bank's Internet Banking site. Once logged in, select the "Options" tab of the site. Under the Mobile Device Section, click "Enroll" to begin the process. Alternatively, from your Wireless Device, you may download the Home Bank Application to begin the enrollment process. You will be required to login to Home Bank's Internet Banking site to complete the Mobile Banking enrollment process.
Business Days/Hours of Operation
Transfers can be completed only on business days. The Service is available 24 hours a day, seven days a week, except during maintenance periods. You can reach our customer service desk between the hours of 8:00AM and 5:00PM (CST), Monday through Friday or you may e-mail us at firstname.lastname@example.org. Our lobby hours are 9:00AM to 5:00PM (CST) Monday through Thursday and 9:00AM to 5:30PM (CST) on Friday, except for bank holidays. Our drive through hours are 10:00AM to 1:00PM on Saturday at 503 Kaliste Saloom Rd. Lafayette, La. 70508, and 4202 Johnston Street in Lafayette, La, 70503, and 1219 Albertson Parkway in Broussard, La. 70518.
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 communicate with us through e-mail however you cannot use email as a means to initiate transfers. We will attempt to answer e-mail communication 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, or toll free at 1-866-401- 9440 between the hours of 8:00AM and 5:00PM (CST) Monday through Friday. BECAUSE EMAIL IS NOT SECURE, WE RECOMMED YOU DO NOT SEND US CONFIDENTIAL INFORMATION BY EMAIL.
Notice of Your Rights and Responsibilities
Security of your transactions is important to us. Use of the Service will therefore require an access code and a password. 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 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.
Reports of Unauthorized Transactions
Tell us AT ONCE if you believe your card, code or 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 plus you maximum overdraft line of credit, if you have one. If you tell us within two (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 your 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 a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods. If you believe your password has been lost or stolen call us at 337-261-9440, or toll free at 1-866-401- 9440 during normal business hours shown above. WE CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN PASSWORDS OR UNAUTHORIZED TRANSFERS VIA E-MAIL.
Errors and Questions
In case of errors or questions about your electronic transactions, telephone us at 337-261-9440, or toll free at 1-866-401-9440 from 8:00AM to 5:00PM (CST) Monday through Friday, or write us at: Home Bank, P.O. Box 81459, Lafayette, LA 70598-1459, Attention: Deposit Services. 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:
- Tell us your name and account number (if any);
- 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
- 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 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) for the amount you think is in error, so that you will have use of the money during the time it takes to complete our investigation. If we ask you to put your complaint 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.
Disclosure of Account Information to Third Parties
You agree that we may disclose information to third parties about your account or the transactions you make;
- Where it is necessary for resolving errors involving the Service; or
- In order to verify the existence and condition of your account for a third party, such as a credit bureau or a merchant; or
- In order to comply with government agency rules, court orders, or other applicable law; or
- If you give us your permission; or
- As otherwise provided in other agreements you have with us regarding your accounts.
If you want to terminate your access to the Service, call us at 337-261-9440, or toll free at 1-866-401-9440 during normal business hours. RECURRING TRANSFERS WILL NOT NECESSARILY BE DISCONTINUED BECAUSE YOU TERMINATE ACCESS TO THE SERVICE. IF YOU WANT TO MAKE SURE THAT RECURRING TRANSFERS BETWEEN ACCOUNTS ARE STOPPED, YOU MUST CONTACT OUR REPRESENTATIVES AT ONE OF THE NUMBERS LISTED ABOVE NO LATER THAN 5:00PM (CST) ON THE BUSINESS DAY YOUR TRANSFER IS SCHEDULED TO BE INITIATED. 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 your 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 Service 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.
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 or mechanical problems that are not caused by Home Bank and/or for any other reason.
No waiver of the terms of this Agreement will be effective, unless in writing and signed by an authorized officer of Home Bank.
You may not transfer or assign your rights or duties under this Agreement.
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.
We can change a term or condition of this Agreement as applicable by law by posting on our website or mailing through the U.S. Postal Service or delivering to you through email 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.
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.
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 up-load 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.
If you believe your PASSWORD has been lost or stolen or that someone has transferred or may transfer money from a deposit account without your permission, call 337-237-1960 or phone 1-866-401-9440 or write us at:
P.O. Box 81459
70598 - 1459
External Transfer Services Agreement
This Agreement contains the terms and conditions that apply to use of Home Bank, NA ("we", "us", "the Bank") External Transfer Services ("Service"). In this Agreement, the words "you" and "your" refer to you as the person entering into this Agreement. The words "you" and "your" also include any user you authorize to use the Service on your behalf. The words "we," "us," and "our" refer to Home Bank, NA.
OTHER AGREEMENTS YOU MAY HAVE ENTERED INTO WITH US INCLUDING ONLINE BANKING, MOBILE SERVICES, ACCOUNT TRANSFER SERVICES, DEPOSIT ACCOUNT AND RELATED ACCOUNT DISCLOSURES AND FEE SCHEDULES ARE INCORPORATED BY REFERENCE AND MADE A PART OF THIS AGREEMENT AND ALSO APPLY TO TRANSACTIONS MADE USING THE SERVICE. YOU SHOULD REVIEW THOSE AGREEMENTS FOR ANY APPLICABLE FEES, FOR LIMITATIONS ON THE NUMBER OF TRANSACTIONS YOU CAN MAKE, AND FOR OTHER RESTRICTIONS THAT MIGHT IMPACT YOUR USE OF AN ACCOUNT WITH EXTERNAL TRANSFER SERVICES.
THESE TERMS AND CONDITIONS MAY BE AMENDED, SUPPLEMENTED OR CHANGED AT ANY TIME. FAILURE TO COMPLY WITH ANY OF THESE TERMS MAY RESULT IN YOUR SUSPENSION OR TERMINATION OF USING THE SERVICE.
By using the External Transfer Services ("Service"), you acknowledge and accept this Agreement and agree to be bound by these terms and conditions in order to use the Service and to conduct account transfers between your bank accounts with us and your other external financial institution accounts.
1. Agreement Coverage. This Agreement governs the use of External Transfer Services conducted within Online Banking. These services permit Bank customers to perform external account transfers through the use of a personal computer or a mobile device (e.g., tablet or Smartphone), on accounts linked to the service, including some credit card accounts and investment accounts with other financial institutions.
2. Accepting the Agreement. When you use the Service as described in this Agreement, or authorize others to use them, you agree to the terms and conditions in this Agreement.
3. Customer Acknowledgement. Customer understands that any action taken pursuant to this Agreement will be conducted by electronic means or methods which comply with the operating and security procedures applicable to this Service. Customer affirms that Customer's acts described in this Agreement will be attributed to Customer and will constitute the duly authorized electronic signature of Customer.
4. Change in Terms. This Agreement is subject to change from time to time. Generally, we will notify you in advance of any material change including fees via email, text/statement message, or on our website(s). If a change is favorable to you, we may not provide advance notice prior to making the change. Your continued use of the Service will indicate your acceptance of the revised Agreement. Further, the Bank reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Service. Your continued use of the Service will indicate your acceptance of any such changes to the Service.
5. Features and Services. The Service is designed to allow you to transfer funds to or from Service eligible accounts. You must be enrolled in Online Banking to use the Service which allows you to transfer funds between your linked personal deposit accounts at the Bank and certain deposit or investment accounts owned by you or someone else at other financial institutions using an account number and financial institution identifier (e.g. route transit or routing number).
Inbound transfers move funds into an account you own at the Bank from an account you own outside the Bank. An outbound transfer moves funds from an account you own at the Bank to an account outside the Bank that is owned by you or someone else. Service can be used with certain software and hardware such as a personal computer, smartphone or other mobile device. The use of your software and hardware in conjunction with the Service account transfer information will be captured and delivered electronically.
6. Eligibility Requirements. In order to be eligible for the Service:
• You must be an account holder or designated as an authorized signer of an active, eligible account and be approved by the Bank subject to qualification/eligibility criteria described further.
• Transfers are available only for consumer accounts and for personal, family or household purposes.
• You can add up to five bank, credit union, or brokerage accounts eligible for funds transfers. We require verification of account ownership and activation before the Service is available.
7. Use of Service. To use the Service:
• You must be enrolled in Online Banking and agree to the Internet or Online Banking and External Transfer Service Agreements.
• You will need to provide certain identifying information about each account in order to register that account for this Service. For inbound transfers, you agree that you will only attempt to register personal accounts that you own or for which you have the authority to transfer funds.
• Delivery speeds for domestic (U.S.) transfers are three business day (Standard) and next business day (Express) transfers. See Section 8 for detailed descriptions of these transfers.
• You agree that you will have sufficient available funds in the designated deposit account to cover all outbound transfers on the date scheduled. If the account does not have sufficient available funds on the scheduled date, excluding available funds from Home Bank's services you may have elected such as our Discretionary Overdraft Service, Account-Linked Overdraft Protection, or a Line of Credit, we may elect not to initiate one or more of the transfers. If we do elect to initiate the transfer, it may cause an overdraft in your account in which case you shall be liable for the overdraft and any overdraft fees and interest thereon, as set forth in your Deposit Account Agreement and our Fee disclosure. If we do elect to initiate the transfer, you agree to pay all related fees as disclosed in your Deposit Agreement.
• You agree that the Bank may use any means or routes which we in our sole discretion consider suitable to execute your transfer. Standard and Express transfers may be made through the Automated Clearing House (ACH) processor selected by us or directly to another bank, and you agree will be subject to the National Automated Clearing House Association (NACHA) rules or our agreement with the other bank, in effect at such time, as applicable.
• You will be subject to the terms or instructions which may appear within user guides; and/or other information or documentation that the Bank may provide to you on the website www.Home24Bank.com or through other methods.
• Your use of the Service is also subject to, and you agree to comply with the applicable state and federal rules, laws and regulations which may include: National Automated Clearinghouse Association (NACHA) and other applicable Automated Clearing House (ACH) rules, Electronic Funds Transfers Act (EFTA), Regulation D and other applicable regulations, circulars or agreements; Office of Foreign Asset Control; the Bank Secrecy Act; the USA PATRIOT Act; the Uniform Commercial Code (UCC); and others that may be amended from time to time.
• The Bank reserves the right to reject an enrollment request for any reason, including without limitation potential fraud or misuse, limitations as outlined by the United States Department of the Treasury's Office of Foreign Assets Control, or an incomplete enrollment.
• You may be subject to penalties by the other financial institution, or may suffer negative tax consequences, for certain transactions involving Health Savings Accounts (HSAs), Individual Retirement Accounts (IRAs) (401k, etc.), savings, money market accounts, certificates of deposit, trusts, loans, custodial, business, corporate and other types of accounts. It is your responsibility to verify with the external financial institution any restrictions regarding transfers to or from any External Account that you enroll. The Bank is not responsible for direct, indirect, special or consequential costs, fees, losses, penalties, or other damages resulting from External Transfers that are not permitted under restrictions of other financial institutions or those imposed by applicable laws and regulations.
• The Bank is not responsible for any third party hardware or software you may need to use the Service. Any such hardware/software is subject to the terms and conditions of the hardware/software agreement with the third party software provider of the hardware/software for your use.
8. Transfer Service Types Available: Some of the transfer services described below may not be available for certain accounts, customers, of if you access Online Banking through the mobile banking app or mobile web.
Types of domestic (U.S.) outbound transfers:
• Standard transfers: Funds will be debited from your Bank account on the business day you direct us to initiate processing of the transfer, and the funds will typically be credited to the receiving account on the third business day after the transfer is initiated.
• Express transfers: Funds will be debited from Bank account on the business day you direct us to initiate processing of the transfer, and the funds will typically be credited to the receiving account on the next business day after the transfer is initiated.
Types of domestic (U.S.) inbound transfers:
• Standard transfers: Funds typically will be debited from your account outside the Bank on the business day or express after you direct us to initiate processing of the transfer and the funds will typically be credited to your Bank personal account on the third business day after the transfer is initiated.
• Express transfers: Funds typically will be debited from your account outside the Bank on the business day or express after you direct us to initiate processing of the transfer and the funds will typically be credited to your Bank personal account on the next business day after the transfer is initiated.
9. Qualification, Changes or Discontinuation of Service. The Service has qualification requirements as described below, and we reserve the right to change your qualification at any time without prior notice. We reserve the right to change, suspend, or discontinue the Service, in whole or in part, or your use of the Service, in whole or part, immediately and at any time without prior notice to you. You may also discontinue your use of the Service at any time.
In general, the qualification requirements are:
• Your funding account has been open for more than 24 hours.
• Any of your deposit accounts with us must be current or in good standing.
Good standing for purposes of this section means:
• you have not had an overdraft, an over-limit item, or an item returned for insufficient funds with respect to any Bank deposit account during the current or 3 prior calendar months.
• You have not had any prior transfer canceled, revoked, or uncompleted due to insufficient funds, revoked authorization, stopped payments, frozen accounts, accounts subject to legal or administrative order or levy, such as bankruptcy or a tax lien, fraudulent activity, or any similar reason.
• You are not in default on any loan obligation to us.
Express transfers are permitted only at our discretion. In addition to the general qualification requirements, we apply minimum limits related to the number and dollar amount of transfers.
10. Transfer Limits. All funds transferred via the Service are subject to Bank review based on to and from accounts, the amount of the transaction, and your relationship with us, successful fraud screening, any dormant or inactive status of your account and other factors we may consider from time to time. The limits available to you and your accounts are viewable within the Service window in Online Banking.
• If we determine there are risks associated with a transfer or if we determine you are no longer qualify as described in Section 9, we may delay or cancel the transfer and notify you, or direct you to contact us to provide additional details on the transfer before it is initiated or funds are released.
• We reserve the right to impose limits on the amount(s) and/or number of transfers that you initiate using the Service and to modify such limits from time to time.
• Any transfer initiated on a day that is not a business day as described in Section 11 begins processing on the following business day and counts toward the applicable dollar limit for the next business day.
• We may change your dollar limits at any time. Any decrease will be subject to notice, as required by law, but you agree that we may reduce your limits below the amounts stated above or cancel your transfers without prior notice when you cease to meet qualification criteria as described in Section 9.
• We will use best efforts to provide oral, written or electronic notice to you of rejection of a transfer on the scheduled date of initiation of the transfer; provided, however, that the Bank shall not be liable to you for interest compensation for failure to give such notice.
11. Cut-Off Times and Availability of Funds. The cut-off time for Standard transfers is midnight CST on a business day. The cut-off time for Express transfers is 7:00 pm CST on a business day. Any transfer initiated after the applicable cut-off time will be considered as being initiated on the next business day. Funds deposited to your account at the Bank using the Service will generally be made available as outlined in Section 8.
A business day is Monday through Friday, excluding Federal holidays and other days as posted in our branches or our website at www.Home24Bank.com.
12. Delivery and Receipt of Transfers. The Bank cannot guarantee the timely delivery or return of funds as a result of the failure of another financial institution to act in a timely manner. You agree that all transfers received by us are subject to verification and final inspection by us.
13. Initiating, Scheduling and Processing Transfers. The Service is generally available to you 24 hours a day, 7 days a week through Online Banking, except as described in Section 15. Depending on the type of transfer request, you may use the Service to choose delivery speed as described in Section 8 and choose to schedule the transfer on an immediate, one-time future dated or a recurring basis as described below.
• You will be asked to pick the date that you want us to initiate the processing of the transfer. For example, if you direct us to initiate processing an outbound transfer immediately and choose Express delivery, funds will be debited from account with us on the business day you schedule the transfer and typically will be credited to the receiving account on the next business day after the transfer is initiated.
• In addition to choosing the delivery speed, as described above, for domestic transfers one-time future dated or recurring transfers scheduled for a weekend or a non-business day will be processed on the prior business day.
• A transfer remains "In Process" until fully processed and it will appear as "In Process" on the Transfer Activity tab under Send Money To/From My Accounts at Other Banks, or To Someone Else Using an Account Number, within Online Banking.
• Transfers remain "In Process" until the close of business on the day the funds are scheduled to be credited to the receiving account.
• For inbound transfers, Standard delivery speed is available to all consumer customers participating in Transfers under Send Money To/From My Accounts at Other Banks, or To Someone Else Using an Account Number, within Online Banking, but you agree we may cancel a transfer, without prior notice if you no longer qualify for the Service as described in Section 9.
Domestic U.S. Inbound or Outbound Transfers:
• Can be scheduled on either an immediate, one-time future dated or a recurring basis.
• Processing of one-time domestic transfers may be initiated immediately or scheduled for initiation on a future date.
• Recurring transfers may be scheduled for up to one year in advance.
• The recurring transfer feature may be used when a set amount is transferred at regular intervals. For example, you may schedule a $200 transfer from an account you own at another financial institution to your Bank checking account every week.
14. Cancelling Transfers. You can cancel future dated and recurring transfers through the Service. The preferred method for cancelling transfers is via Online Banking on our website www.Home24Bank.com.
• You cannot submit transfer cancellation requests for transfers that are in the status of In Process or Processed. Cancel requests must be submitted and received by the following times:
• One-time future dated and recurring domestic transfers must be cancelled prior to midnight CST on the date processing for the transfer is scheduled to be initiated. After you cancel a future dated transfer, the status changes to Cancelled.
• If you direct us to begin processing a transfer immediately or a transfer's status is In Process or Processed, you no longer have the right to cancel it. However, the Bank at its option, may attempt to cancel the transaction on your behalf.
• We cannot guarantee successful cancellation for any transfer request that is in the status of In Process or Processed.
• The easiest and most convenient method to cancel transfers is via Online Banking; alternatively, you may initiate a transfer cancellation request by calling us at 866-401-9440. If you call, we may also require you to put your request in writing and return to us within 14 days of your call. You may not call and cancel a transfer with status In Process or Processed.
• If you attempt to cancel a payment or transfer in accordance with the above instructions and we do not do so, we will be liable for your losses or damages.
15. Service Availability. The Service is generally available 24 hours a day, 7 days a week. However, when using the Service, you may experience technical or other difficulties or the Service may be unavailable for system maintenance. We will attempt to post alerts to our website(s) or through the Service to notify you of these interruptions in service. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur due to loss of the Service provided by the Bank or its third party provider. The Bank is not responsible to provide an alternate method of External Transfer Service(s) if the Service is not available to you.
16. Security. By enrolling in Online Banking and accessing the External Transfers Service using your online Access ID and passcode, you acknowledge and agree that this system includes security procedures for transfers initiated through this Service that are commercially reasonable. Tell us at once if you believe your Online Banking Access ID and Passcode has been compromised or if someone has transferred or may transfer money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized use of your Online Banking and the Service could cause you to lose all of your money in your accounts, plus any amount available under your overdraft protection plan. When you give someone your Online Banking Access ID and passcode, you are authorizing that person to use your Service, and you are responsible for all transactions that person performs while using your Service. All transactions that person performs; even those transactions you did not intend or want performed, are authorized transactions.
17. Fees. While this Agreement remains in effect, you agree to the normal account or deposit service charges established from time to time by the Bank and, in addition fees and charges set forth in the Account Requirements and Fees disclosure as provided to you from time to time, and all other fees and charges as agreed upon from time to time between you and the Bank.
• Home Bank does not charge a fee for transferring funds into (Inbound Transfers) or out of (Outbound Transfers) your Home Bank personal accounts through Online Banking, regardless of the delivery speed you choose.
• Fees to use Bank services are listed in the Fee Disclosure that was provided to you at account opening.
• We reserve the right to change fees and will provide prior notice to a change in fees as required by law or regulation.
18. Errors, Omissions or Discrepancies. You agree to follow our error notification process as outlined and defined herein and in The Deposit Account Agreement and Electronic Funds Transfer Disclosures provided you at account opening governing your account. We provide you with periodic statements that will identify transfers submitted to us through this Service. You may also review transaction information for your account through the Online Banking Service. You agree you will review the information timely and notify us of any errors or suspected errors related to items deposited with the Service as soon as possible after they occur and within the time periods identified in your Account Agreement. Unless you notify us as outlined in your Account Agreement, the periodic statement containing the items deposited through the Service is considered to be correct and you cannot bring a claim for alleged errors.
19. Investigations. You agree to cooperate with the Bank in the review or investigation of any transactions or claims including without limitation, providing upon request without further cost; any originals or copies of records in your possession relating to transfer requests.
20. Limitation of Liability. Our liability for Standard and Express domestic transfers involving a transfer to or from an account is as described in the Error Resolution section of the Online Banking Agreement. You agree to be liable for any errors, or inaccuracies or any other loss sustained by you through use of this Service. In all cases, you are responsible for any loss or overdraft plus additional applicable fees to your account due to a check or item being returned.
21. Termination. We may terminate this Agreement at any time and for any reason. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement; if you use the Service for any unauthorized or illegal purposes; you do not meet our qualification or eligibility criteria; or you use the Service in a manner inconsistent with the terms of your Customer Agreement, Deposit Account Agreement, related disclosures or any other Agreement with us. This Agreement shall remain in full force and effect unless and until it is terminated by us or by you; you no longer qualify, or through discontinuation and disenrollment of the Service.
22. Indemnification. You agree to indemnify, defend and hold harmless the Bank, its affiliates, partners, officers, directors, employees, consultants, service providers and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney's fees) arising from your use of the service or from our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement.
Before enrolling for the External Transfers service (the "service"), you must read and indicate your acceptance of the following terms:
1. Your consent to this service is valid for as long as you remain enrolled.
2. You have the right to withdraw from this service at any time. To withdraw from this service and its associated terms you must contact us at 866-401-9440.
3. You assume responsibility for keeping your contact information up to date. If you change any of this information, you must update it on this service or contact us at 866-401-9440.
4. Notifications and other correspondence will be sent to your email address on record. You assume responsibility for providing a valid email address and retrieving messages from your email account. If you need to change the email address on record, you must contact us at 866-401-9440.
5. You will need to use a browser with the minimum system requirements stated in your Online Banking Agreement. The service may not produce desired results using other browser versions.
By clicking on "I Agree" you are indicating that you have read and accept the above agreement and disclosure. You also certify that you have the minimum hardware and software requirements to retrieve these documents electronically. We recommend you print a copy of this Agreement for your records.