FOR MINUTEMAN ONLINE BANKING AND ELECTRONIC FUND TRANSFER ACT DISCLOSURE
Introduction
Before you begin using this service, please read these terms and conditions carefully. By selecting the "I Agree" button below and through the continued use of Minuteman Online Banking, you represent that you have read, and understood, and agree to be bound by these terms and conditions as amended from time to time. We encourage you to print a copy of these terms and conditions for your records. If you are unable to print, e-mail us and we will provide you with a copy.
Agreement
This Agreement, along with the Service Fee Schedule and Enrollment Form, is a contract which establishes the rules which cover your electronic access to your accounts at HOME STATE BANK, NA through MINUTEMAN ONLINE BANKING FOR INTERNET BANKING SYSTEM. By using MINUTEMAN ONLINE BANKING, you accept all the terms and conditions of this Agreement. Please read it carefully.
Definitions
As used in this Agreement, the words "we," "our," "us," and "BANK" mean HOME STATE BANK, NA. "You" and "your" refer to the accountholder authorized by BANK to use MINUTEMAN ONLINE BANKING under this Agreement and anyone else authorized by that accountholder to exercise control over the accountholder's funds through MINUTEMAN ONLINE BANKING. "Account" or "accounts" means your accounts at BANK. "Electronic funds transfers" means ATM withdrawals, preauthorized transactions, and point of sale transactions, transfers to and from your BANK accounts using MINUTEMAN ONLINE BANKING including bill payments.
"SYSTEM Services" means the services provided pursuant to this Agreement, including the Bill Payment Service. "Business days" means Monday through Friday. Federal Holidays and Banking Holidays are not included.
The terms and conditions of the deposit agreements and disclosures for each of your BANK accounts as well as your other agreements with BANK such as loans continue to apply notwithstanding anything to the contrary in this Agreement.
This Agreement is also subject to applicable federal laws and the laws of the State of ILLINOIS (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and HOME STATE BANK, NA successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the Enrollment Form and Fee Schedule, constitutes the entire agreement between you and or company and HOME STATE BANK , NA with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.
Access
To use the MINUTEMAN ONLINE BANKING, You must at least have one personal or business checking or savings account at BANK and access to the Internet to use MINUTEMAN ONLINE BANKING. Once we have received your signed Enrollment Form, and verified your account information, we will send you, either by e-mail or by postal mail, confirmation of our acceptance of your enrollment, along with your assigned log-in ID and temporary password. MINUTEMAN ONLINE BANKING can be used to access only the BANK accounts, which you have designated for access, by the MINUTEMAN ONLINE BANKING in your Enrollment Form. You can add or delete any of your BANK accounts from this Agreement by completing a new Enrollment Form. Access to your accounts through MINUTEMAN ONLINE BANKING will be based upon the identification of users and authority levels specified by you in your Enrollment Form. We undertake no obligation to monitor transactions through MINUTEMAN ONLINE BANKING to determine that they are made on behalf of the account holder.
MINUTEMAN ONLINE BANKING
Services
Hours of Access
Your Password
We recommend that you create a user ID / password that utilizes both upper and lower case alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down.
Security
Fees and Charges
Posting of Transfers
Overdrafts (Order of Payments, Transfers, and other Withdrawals)
a.Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority;
b.Electronic fund transfers initiated through MINUTEMAN ONLINE BANKING, which would result in an overdraft of your account, may, at our discretion, be cancelled;
c.In the event the electronic fund transfers initiated through MINUTEMAN ONLINE BANKING that would result in an overdraft of your account are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.
Limits on Amounts and Frequency of the MINUTEMAN ONLINE BANKING Transactions
MINUTEMAN ONLINE BANKING Bill Payment Service
The following payments are prohibited through the Bill Payment Service:
- Tax Payments and other Governmental Fees;
- Court ordered payments, alimony and child support payments and;
- Payments to Payees outside of the United States;
- Accounts that require two signatures.
Scheduling MINUTEMAN ONLINE BANKING Payments
How to Cancel a Bill Payment
Stop-Payment Requests
Stopping the payment of a check is different from the cancellation of a bill payment. Once the bill payment has been debited from your account, you CANNOT cancel or stop a bill payment, which has been paid electronically. You may be able to stop a MINUTEMAN ONLINE BANKING bill payment paid by paper draft by contacting us by telephone before the paper draft has cleared. (You will have to contact us by telephone to determine if the paper draft has cleared.) If the paper draft has not cleared, we will immediately process your stop-payment request. We will notify you immediately if the paper draft has already cleared. To be effective, this type of stop-payment request must precisely identify the name of the payee, the payee-assigned account number, the amount and scheduled date of the payment, and the ID number from the Bill Payment View Posting Screen.
You may initiate stop-payment requests online via MINUTEMAN ONLINE BANKING only for paper checks you have written (non-electronically) on your BANK accounts (not MINUTEMAN ONLINE BANKING bill payer paper drafts.) Online stop-payment requests are processed at 9:00 a.m. on the business day following the date the stop payment has been requested online. To be effective, this type of stop-payment request must precisely identify the name of the payee, the check number, the amount, and the date of the check. If you make your stop-payment request online or by telephone, we may also require you to put your request in the form of paper writing and get it to us within 14 days after you call. You will incur stop-payment charges as disclosed in the current fee schedule for the applicable account. You and we will abide by the rules and regulations (as established by the Uniform Commercial Code or other law) governing Stop-Payment Orders. To be effective, we must receive the Stop-Payment Order in time, to give us a reasonable opportunity to act on it, and before our stop-payment cutoff time. Orders are effective for 6 months after the date accepted and will automatically expire after that period unless renewed in writing.
Disclosure of Account Information and Transfers
We have entered into an agreement to have another party provide the Bill Pay service or receive your account information. We will provide the third party with information about your linked deposit accounts, your services transactions, and your electronic mail messages in order to carry out your instructions;
It is necessary for completing transfers and bill payments;
It is necessary to verify the existence and condition of a payment account for a payee or holder of a check issued by use of the BillPay services;
In order to comply with laws, government agency rules or orders, court orders, subpoenas or other legal process or in order to give information to any government agency or official having legal authority to request such information;
If you give us your written permission.
Linked Accounts
The accounts of the business for which that person is an authorized representative
The accounts of any other business for which that person is an authorized representative
And any consumer accounts for which the person is a co-owner or authorized signer.
Authorized Representatives for Business Account
Enter into this Agreement, as amended from time to time;
Access each account of yours in any manner and for any purpose available through the service, whether now available or available at some time in the future; and
Use any Online Financial Service in any manner and for any purpose available through the Service, whether now available or available at some time in the future.
Notices and Data Recording
Periodic Statements
Change in Terms
We may change any term of this Agreement at any time. If the change would result in increased fees for any MINUTEMAN ONLINE BANKING service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 21 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on the MINUTEMAN ONLINE BANKING web site or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or the entire subject MINUTEMAN ONLINE BANKING Services indicates your acceptance of the change in terms.
We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.
Electronic Fund Transfer Provisions For Consumers - APPLICABILITY
The provisions in this section apply only to electronic fund transfers that debit or credit a consumer's checking, savings or other asset accounts and are subject to the Federal Reserve Board's Regulation E (an "EFT"). Home State Bank may, when applicable, rely on any exceptions to the provisions in this section that are contained in Regulation E. All terms not otherwise defined in this Agreement, which are defined in Regulation E, will have the same meaning when used in this section.
Your Liability for Unauthorized Transfers
CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any). If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you can lose no more than $50 if someone used your password without your permission. If you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500. Also, if your paper statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the paper statement was mailed to you, you may not get back any money you lost through transactions made after the 60 day time period if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from contacting us, we will extend the time periods.
In Case of Errors or Questions about Your Electronic Transfers, including Bill Payments
- Tell us your name and account number.
- Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error, or why you need more information.
- Tell us the dollar amount of the suspected error.
- If the suspected error relates to a bill payment made via the MINUTEMAN ONLINE BANKING Bill Payment Service, tell us the account number used to pay the bill, payee name, the date the payment was sent, payment amount, ID number, and the payee account number for the payment in question. (This information appears on the Bill Payment View Posting Screen.)
If you contact us by telephone, we may require that you send us your complaint or question in the form of paper writing by postal mail or fax within 10 business days. We will communicate to you the results of our investigation within 10 business days (20 business days if the transfer involved a new account) after you contact us and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account) to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and WE DO NOT receive it in the form of a paper writing within 10 business days, we may not provisionally credit your account. An account is considered a new account for 30 days after the first deposit is made, if you are a new customer. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If we have made a provisional credit, a corresponding debit will be made from your account.
Our Liability for Failure to Make a Transfer
We will NOT be liable, for instance:
- If, through no fault of ours, your account does not contain enough available funds to complete the transfer or bill payment.
- If your account is legally subject to some legal process, right of set-off, or encumbrance, or if the funds in your account are not immediately available for completing transactions.
- If a legal order directs us to prohibit withdrawals from the account such as a garnishment or other legal process.
- If your account is closed, or if it has been frozen.
- If the transfer or bill payment would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts.
- If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
- If your computer, software, or Internet service provider fails or malfunctions.
- If any electronic terminal, telecommunication device, or any part of the MINUTEMAN ONLINE BANKING electronic fund transfer system is not working properly and you knew about the problem when you started the transfer or is not working properly.
- If you have not provided us with complete and correct payment information for the Bill Payment Service, including, without limitation, the name, address, your payee-assigned account number, payment date, and payment amount for the payee on a bill payment.
- If you do not authorize a bill payment soon enough for your payment to be made and properly credited by the payee by the time it is due.
- If we make a timely bill payment but the payee, nevertheless, does not credit your payment promptly after receipt.
- If you have not properly followed the on-screen instructions for using MINUTEMAN ONLINE BANKING.
- If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
- If the MINUTEMAN ONLINE BANKING is temporarily unable to maintenance, security reasons, or other exceptions not specifically mentioned herein.
Disclaimer of Warranty and Limitation of Liability
Your Right to Terminate
Our Right to Terminate
- Without prior notice, if you have insufficient funds in any one of your BANK accounts. MINUTEMAN ONLINE BANKING service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
- Upon 3 business days notice, if you do not contact us to designate a new Primary Checking Account immediately after you close your Primary Checking Account.
- If you do not access your Minuteman Online Banking or Bill payment via the service for any three-month period, we may terminate your service.
- Upon reasonable notice, for any other reason in our sole discretion.
Communications between BANK and You
Telephone: You can contact Customer Service at (815) 459-2000
Facsimile: You can contact us by fax at (815) 477-5848
Postal Mail: You can write to us at:
HOME STATE BANK, NA
Attn: Banking Operations
40 GRANT STREET
P.O. BOX 1738
CRYSTAL LAKE, IL 60039-1738
You may also contact us in person by visiting the bank at the above address. Our lobbies are open Monday through Saturday. Holidays are not included.
Consent to Electronic Delivery of Notices
Home State Bank On-Line Fees for Personal Accounts
Minuteman Online Banking - Internet: No Charge
Minuteman Online Banking BillPay - Internet: No Charge
Home State Bank On-Line Fees for Business Accounts
Monthly Fees:
Minuteman Internet Banking (View Only)*: No Charge
Minuteman Internet Bill Pay: No Charge
Additional features are available at additional costs depending on the level of service required.