Online Banking Terms and Conditions

ONLINE BANKING AGREEMENT & DISCLOSURE

You may agree to the terms of HCB Corporate Banking by clicking “ACCEPT” at the bottom of this page or “DECLINE” if you do not accept the terms of this agreement and do not wish to use HCB Corporate Banking.

This is the Agreement for your Homeland Community Bank Online Banking Services and it includes disclosures for electronic fund transfers. This Agreement states the terms and conditions that apply when you use Homeland Community Bank Online Banking Services, and constitutes the entire agreement between you and Homeland Community Bank with respect to the subject matter of this Agreement, and there are no understandings or agreements related to this Agreement that are not fully expressed herein. These terms and conditions are in addition to the terms and conditions that apply to any accounts or other service covered by this Agreement.

The terms and conditions of the deposit agreements and disclosures for each of your Homeland Community Bank accounts as well as your other agreements with Homeland Community 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 Tennessee (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 Homeland Community Bank’s successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement.

Definitions

In this agreement, the words “we”, “us”, “our”, “the Bank”, and “Bank” mean Homeland Community Bank. The words “you” and “your” refer to each person who establishes a Homeland Community Bank Online Banking Account with us or who uses, or is authorized to use, a Homeland Community Bank Online Banking Access ID and password or other means of access we establish or approve.

The words “Access ID” means the Online Banking identification number, password, or other means of access we establish or approve. “Services” means our Homeland Community Bank Online Banking Services that allow you to obtain account information, transfer funds, make payments including our “Bill Pay” service, access accounts, and perform other transactions over the Internet by use of a personal computer and modem/cable and/or other means we authorize or allow. “Bill Pay” or “Bill Payment” means the function of our Services that allows you to direct payments from your designated Bill Pay checking account to third parties you wish to pay. “Business Day” means Monday through Friday. Time of day references when using our Services are Central Standard Time or Central Daylight Time, as applicable.

When you use our Services or you permit another person to use our Service, you agree to the terms and conditions we have set out in this Agreement and any instructional material that we provide you regarding the Services.

Access to Services

Our Services are for authorized use by Homeland Community Bank customers only. Attempted unauthorized access is a violation of federal law and will be prosecuted to the full extent of the law.

You must have at least one deposit, credit, or other account type with us. You may not designate any account that requires more than one signature for withdrawals. You must be the owner of this account (or accounts). Your account(s) with us must be in good standing. For Bill Pay services, you must have a checking account that will be designated as the account from which bill payments will be made.

You, or someone you have authorized by giving them your Access ID, can instruct us to provide information to perform transactions on any of your accounts for which you have enrolled for Services including:

• Account Information – information, including transaction history, about your accounts.
• Funds Transfer – make transfers between your accounts.
• Stop Payment Orders – place stop payments on checks that payment needs to be stopped on.
• Bill Pay – On Demand and Recurring payments from an eligible Bank checking account. See Bill Pay section below.
• ACH Services – initiate credit or debit ACH entries for payroll.
• Wire Transfer Services – perform wire transfers to other banks.
• Other Services – obtain other services or perform other transactions that we may authorize.

Access ID and Password

To access our Services you must use an Access ID with a password. Anyone to whom you provide your Access ID and password will have full access to your accounts even if you attempt to limit that person’s authority. For your protection, we recommend that you do not use the same Access ID for these Services that you use on other bank or non-bank products. You are responsible to protect your Access ID and password from unauthorized access. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password. Upon three unsuccessful attempts to use your password, your access to the Services will be locked. To re-establish your authorization to use the Services, you must contact us to obtain a new temporary password. Your password should not be associated with any commonly known personal identification, such as social security number, address, date of birth, names of children, and should be memorized rather than written down.

YOU AGREE NOT TO ALLOW ANYONE TO GAIN ACCESS TO THE SERVICES OR TO LET ANYONE KNOW YOUR ACCESS ID AND PASSWORD USED WITH THE SERVICES. YOU AGREE TO ASSUME RESPONSIBILITY FOR ALL TRANSACTIONS INITATED THROUGH THE SERVICE WITH YOUR ACCESS ID AND PASSWORD, UP TO THE LIMITS ALLOWED BY APPLICABLE LAW.

Lost or Stolen Access ID, Password, or Unauthorized Access

If your Access ID and/or password have been lost or stolen or you believe an unauthorized person is accessing your accounts, call us immediately at 931-507-1422. Telephoning us immediately is the best way of minimizing your possible losses.

To the extent that a transaction is an electronic fund transfer, you can lose no more than $50 if you notify us within two (2) business days of discovering any unauthorized use of the Services or your Access ID or password. However, you can lose as much as $500 if you do not notify us within two (2) business days of discovering the unauthorized use and we can prove that we could have stopped the unauthorized use had we been notified.

Incorrect Transactions on Your Statements

In case of error or questions about your electronic transfers, notify us by calling 931-507-1422 or by writing P.O. Box 7318, McMinnville, TN 37111 as soon as you can.

You may e-mail us at homeland@blomand.net. We will send an e-mail back to you as confirmation that we did receive it. Because e-mail is not a secure method of communication over the Internet, we recommend that you do not include any of your account or social security numbers in your e-mail. Your name, address and a brief message to what the problem might be is all we will need.

We must hear from you no later than sixty (60) days after we have sent you the FIRST statement on which the error or problem appeared. If you do not report unauthorized transactions made after the statement(s) are mailed or electronically transmitted to you, you risk unlimited losses on transactions made after the sixty (60) day period which would not have been lost if we had been notified in time. You can telephone us, but doing so will not preserve rights.

In your letter, give us the following information: (1). Tell us your name and account number. (2). Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. (3). Tell us the dollar amount of the suspected error. (4). If the suspected error relates to a bill payment made via the Bill Payment Services function, 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.

For suspected deposit account errors, we will investigate your complaint and will correct any error promptly. If we take more than ten (10) business days (twenty (20) business days for new accounts (accounts open for thirty (30) days or less)) to do this, we will credit your 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.

For suspected loan transaction errors, you do not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question.

Transfer and payment limits

You must have enough available collected funds or credit in any account from which you instruct us to make a payment or transfer. If the date you schedule a payment to be made is not a Business Day, funds must be available in your account the following Business Day. Bill payments will be debited from your account on the date you schedule the payment (or the next Business Day, if applicable).

Bill payments and transfers must be payable in U.S. dollars to a payee located in the United States. You can use the Bill Payment Service to pay anyone except Government Agencies. We reserve the right to restrict types of payees to whom payment may be made using the Service from time to time. You should not use the Bill Pay Service to make payments to settle securities purchase, tax payments, or court order payments.
Payments for these payees will be your sole responsibility if delayed or improperly processed or credited.

If any of your qualifying accounts are money market or savings accounts, certain types of withdrawals from those accounts, including payments and transfers, are limited to a total of no more than six (6) in any specified period. You agreed to the “Terms and Conditions of Your Deposit Account” that you received when you opened your deposit account. Please refer to those terms and for more information on applicable transaction limits. You may request another disclosure of these from the bank at any time.

Payments can be entered, edited, or deleted Monday through Friday until 4:00 P.M. CST the day before the scheduled payment date.

Stop Payment Orders

Customer may maintain certain deposit accounts with bank on which it draws paper based payment order (Checks). From time to time, customer may request to stop payment of a check and to give Bank certain other instructions regarding the payment of checks or to request information from Bank. If requested by Customer and agreed to by Bank, Bank may provide to Customer Automated Stop Payment Services. Customers will initiate stop orders through the Automated Stop Payment system in accordance with the specifications established by Bank.

A stop payment placed by the Customer using the Automated Stop Payment System shall be considered to be “in writing” for all legal purposes. Customer will not receive written confirmation of an order placed using the Automated Stop Payment System from Bank although Customer can print off a confirmation copy from HCB Corporate Banking. An order shall remain effective for six (6) months unless customer requests the removal of order before it expires.

Customer is responsible to ensure that only those persons authorized to use the automated stop payment system shall have access to the system and that those persons use it only in the manner authorized. Bank shall incur no liability for any damages caused by such unauthorized use. Customer is also responsible for ensuring that all orders contain accurate information, including, without limitation, the accurate name to which the check is made payable, the check number, the account number and the exact amount of the check. Customer shall be liable to bank for any damages or claims arising out of bank’s refusal to pay a check on which customer has placed a stop, or paying any check on which (a) customer has released the order, (b) the order has expired, (c) the order has been improperly or inaccurately entered in the automated stop payment system, or (d) the order has not been entered in a timely manner. Customer is solely responsible for determining whether a check has been paid prior to initiating a stop payment order. Customer acknowledges that placing a stop payment order on a check may not relieve customer’s obligations on the check or the underlying obligation.

Bank will exercise good faith and ordinary care in implementing customer’s instructions under the automated stop payment system. Should bank inadvertently pay a check or permit a transaction over a valid stop payment order, customer is required to prove that a direct loss has been suffered and, if so, the amount of such loss. If bank determines that it is legally obligated to credit the account, and in fact does so, bank shall have all of customer’s rights and remedies against the payee of the beneficiary of the transaction and customer agrees to cooperate and assist bank in its efforts to collect the amount of the check or transaction.

ACH Services

If requested by customer and agreed to by bank, customer may initiate credit and debit automated clearing house (ACH) transactions on ACH Business days to its accounts of others in accordance with Bank’s Security Procedures and this Agreement. Bank may process entries directly, thorough one or more clearinghouses, or through the mechanism selected by Bank. Customers rights and obligations with respect to such entries are governed by applicable law and the rules of the National Automated Clearing House Association (“NACHA”), as amended from time to time. Customer acknowledges that it shall be bound by NACHA Rules and agrees not to initiate any entry in violation of the NACHA rules or applicable federal or state law or regulation including, without limitation, Regulation E.

Customer may initiate entries in the manner and format agreed to by bank. Bank will establish a deadline for the receipt of entries from customer (“Deadline”). Bank may establish different Deadlines for Entries depending on the method of delivery employed by Customer and all such Deadlines are subject to change. Bank must receive Customer’s Entries at or prior to the Deadline for the Entries to be processed on the ACH Business Day of receipt. Entries received after the Deadline will be processed on the next ACH Business Day.

Customer shall at all times maintain a settlement account with Bank for the purposes of funding Customers Entries (“Account”). The total dollar amount of Entries initiated by Customer through Bank under all ACH services and pending on a given day shall not exceed the lesser of collected or available balances in the Account or a daily dollar limit should one be established by Bank (“Daily Dollar Limit”). Establishment of a Daily Dollar Limit should not be interpreted or construed by Customer as a commitment or agreement to provide any credit or loans to a Customer. Customer agrees that it will not initiate Entries in excess of its Daily Dollar Limit without the written consent of Bank. Customer shall pay Bank for all Entries and authorizes Bank to charge its Account or any other account with Bank in the amount of such Entries. Customer will receive funds for any debit Entry on the ACH settlement date. Bank shall credit the Account in any amount payable to the Customer, subject to Bank’s right to make adjustments in accordance with this agreement.

Customer shall at all times comply with the file confirmation procedures established by Bank. In addition to any security procedures established by Bank or Customer, Customer must send, via facsimile to the Bank, the printout of the ACH files uploaded to HCB Corporate Banking each time Customer originates ACH transactions. Bank will notify Customer of the fax number.

After Bank receives a file of ACH transactions from Customer, Bank will compare the contents of the file to the information provided by Customer via the facsimile. If the information (debit amount, credit amount, number of transaction) matches that contained in the file, Bank will process the file of ACH transactions. Bank will not process a file if it does not receive conforming facsimile information on or before the established file delivery deadline on the Business Day it receives the file. Bank will notify Customer if the facsimile information does not match the total contained in the file or if Bank receives a file without corresponding facsimile information without the corresponding file.

Bank may reject any Entry that is not initiated in accordance with this Agreement. In the event that an Entry is rejected, or returned by an ACH processor, for any reason whatsoever, it shall be the Customer’s responsibility to remake the Entry. Bank will give customer notice of any rejected or returned Entry in the manner agreed to by the parties. Bank is authorized to debit/credit the Account for Entries that are returned to Bank. Unless the return is caused by bank’s failure to properly execute an Entry, Bank has no obligation to pay Customer interest on the amount of any returned entry debited from the Account. A receiver of a Customer Entry may, in some cases, have the right to have an unauthorized or erroneous debit entry credited to its account. Customer agrees that Bank may deduct the amount owing to the receiver from Customer’s Account upon Bank’s receipt of proper notice of such crediting from the receiver’s bank.

Customer does not have the right to delete or amend any Entry after it has been received by Bank unless Customer has requested, and Bank has agreed to provide ACH Adjustment Services. If such services are provided, Customer my initiate an amendment to its ACH files after receipt by Bank. Customer may initiate such amendments via PC or fax in accordance with the terms of this agreement and all communications must be received by Bank prior to the established deadlines in order to be effective.

Customer represents and warrants to Bank that each Entry complies with the terms of this Agreement and NACHA rules, does not breach any warranty of Customer or Bank contained in this Agreement and NACHA Rules, Complies with applicable state and federal laws, including, without limitation, the Electronic Funds Transfer Act and Regulation E, is accurate, timely and authorized in writing and that any debit Entry is for a sum that on its settlement date is due and owing from the Receiver to Customer or is a correction of a previously transmitted erroneous credit Entry. Receiver authorizations shall expressly authorize bank to transmit corrective entries to Receiver’s accounts to correct a prior Entry and shall authorize Customer to release to Bank all information concerning its Receivers that is required by bank to recover such entries. Customer shall immediately cease initiating Entries upon receiving actual or constructive notice of the termination or revocation of the Receiver’s authorization. Customer will retain each authorization received by Customer for seven (7) years after termination or revocation of the authorization and shall provide Bank with copies of such authorizations upon request. Customer will indemnify, defend and hold Bank harmless from and against any and all claims, demands, expenses, losses, liabilities, and damages, including reasonable attorney fees and court costs at trial or on appeal that arise directly or indirectly out of any Entry initiated by Customer in violation of this Agreement.

If Customer initiates Entries through a third party vendor (“Vendor”), Vendor is the agent of Customer and not of Bank. Bank is not responsible for the acts or omissions of Vendor and Customer agrees to be liable for and hold Bank harmless from, any losses caused by the acts or omissions of the Customer’s Vendor.

NACHA Rules may allow Customer (or its Agent or third party vendor) to utilize ACH to collect certain checks that have been returned unpaid for insufficient funds. In the event that Customer initiates an Entry to Bank for check collection purposes, Customer agrees that such Entry will comply with all provisions of this Agreement, and NACHA Rules and makes the following additional representations and warranties. Customer makes these warranties regardless of which entity initiates the Entry on its behalf.

1. All checks collected via ACH will qualify under NACHA Rules to be collected as a represented check.
2. Customer has good legal title to the returned item.
3. All signatures on the returned item are authentic and authorized, and the returned item is without alteration, not subject to claims defenses, and will not be presented to the paying bank via means other than ACH.
4. The represented check Entry accurately reflects the item and any information encoded after issue in magnetic ink is correct. (RCK entries cannot be used for collection fees.)
5. Any restrictive endorsement placed on the item is void or ineffective.
6. The Customer will provide to Bank immediately upon request either the original or a copy of the returned item, provided that the request is made within seven (7) years of the settlement date of the Entry.

Wire Transfer Services

Bank sends outgoing and receives incoming domestic wire transfers through Bankers Bank. All funds transfers are governed by this Agreement, Subpart B of Regulation J of the Federal Reserve Board, OFAC regulations, and all other applicable federal, state and local laws and regulations. Customer agrees not to initiate or receive a wire transfer payment order in violation of applicable federal, state or local law.

Customer will designate to Bank those individuals authorized to instruct Bank regarding wire transfer services including without limitation, individuals authorized to initiate payment orders, call back authority, confirmation methods, and any or all authorizations and instructions that may be requested by Bank. Bank may rely on any such authorization until it has been revoked in writing by Customer. Bank shall have a reasonable time to process any revocation received pursuant to this section.

Customer and Bank shall agree to use security procedures as established by Bank. Customer acknowledges and agrees that it has been informed of and understands Bank’s security procedures. Customer understands that the security procedures are not for the purpose of detecting errors in the transmission or content of a payment order controlled by Customer. Customer agrees to be bound by any payment order processed by Bank in compliance with the agreed upon security procedures. If Bank in good faith believes that changes in security procedures are immediately necessary to reduce the risk of an unauthorized funds transfer, Bank may initiate such changes immediately and give notice to Customer as soon as practicable. Customer and its Authorized Users and other Agents shall maintain the highest possible level of confidentiality with regard to security codes, test code procedures and other aspects of these procedures and will take all steps necessary to prevent access to them by unauthorized persons.

Bank and any other party executing or receiving a payment order, including the beneficiary’s bank, may rely on the number in the payment order that identifies the beneficiary and on any numbers that identify the beneficiary’s bank and any intermediate financial institutions identified in the payment order, even if such numbers do not correspond to the name of the beneficiary or the financial institution. Bank and any other receiving financial institution have no obligation to determine whether a name and number identify the same person or institution. Customer acknowledges that payment of a payment order initiated by Customer might be made by the beneficiary’s bank on the basis of an identifying or bank account number even if it identifies a person different from the named beneficiary. With respect to incoming wire transfers that do not include an account number recognizable to Bank, bank may return the wire transfer to the sending financial institution without incurring any liability to Customer.

Bank may use means and routes that Bank thinks, in its own discretion, are suitable for each outgoing wire transfer. Bank will establish from time to time a specific time of day after which Bank will not accept an incoming payment order to be processed on the day of receipt. Payment orders received after Bank’s established deadline or on any non Business Day, including any Saturday, Sunday, holiday or any day that Bank’s wire department is not open will be considered received on the next Business Day.

Customer may communicate a payment order to Bank by the means and manner agreed to between the parties.

Customer will supply to Bank any information Bank may reasonably request regarding any payment order initiated by Customer, including, without limitation, money amounts, affected accounts, dates of transfer, the beneficiary’s name and account number, the name and routing number of the beneficiary’s financial institution, such additional information as Bank may reasonably request and, if necessary, further evidence of any Agent’s authority to transfer funds or to do any other act comtemplated by this Service.

Customer authorizes Bank to execute and charge Customer’s account(s) with Bank for payment orders delivered to Bank in accordance with this Agreement. Bank has no obligation to execute a payment order if Customer’s account to be charged has insufficient collected and available funds to cover the order.

The order in which Bank processes wire transfer payment orders is determined solely by Bank. Customer does not have the right to reverse, adjust or revoke any payment order after it has been received by Bank; provided, however, that Bank will make a reasonable effort to act on such a request by Customer. With respect to a payment order already transmitted to the beneficiary’s financial institution, Bank shall, at Customers request, request the financial institution to return funds previously transferred. Customer understands that the receiving institution is under no legal obligation to comply with this request.

Bank may reject a payment order from Customer if such payment order is not initiated in accordance with the applicable security procedure, if there is any inconsistency between a payment order and information previously supplied to Bank, if Bank is unable to obtain confirmation of such payment order satisfactory to Bank, if there are insufficient collected funds in Customer’s specified account to fund the payment order, or if Bank has other reasonable grounds not to honor the payment order. Bank will notify Customer by telephone that it has rejected a payment order. Bank may also reject an incoming payment order if it has reasonable grounds to do so.

The confirmation of payment orders initiated by Customer through HCB Corporate Banking shall be verified and approved by Customer prior to their transmission to Bank.

Customer will designate person(s) to be contacted and telephone numbers to be used for call back/verification purposes. Bank shall not be required to make more than one attempt to reach Customer’s designated location by telephone. If Bank is unable to reach the Customer’s designated Agent(s), Bank will not send outgoing wire until callback/verification has been received.

Wire Transfers across country borders are customarily done by Bank through a correspondent. Any fee, commission or charges assessed by the correspondent shall be passed on to the Customer. Payment to a foreign country is subject to the laws of the foreign country involved. Bank assumes no liability for delays, non delivery or other events resulting from causes beyond Bank’s control. In refunding unexecuted payment orders, Bank shall be liable to Customer only to the extent it receives payment from the correspondent financial institution processing the transfer.

Bank is responsible only for performing the Services described in this section. Bank shall not be responsible for the acts or omission of Customer, any Federal Reserve Bank or other financial institution, any transmission or communication, or any other person and no such person shall be deemed to be Bank’s Agent under this Agreement.

This Agreement and the terms of your account agreement, which is incorporated by reference herein, constitutes the entire agreement between you and the Bank. No representation or statement not expressly contained in this Agreement or in any amendment hereto shall be binding upon you or the Bank. If any provision of this Agreement is determined to be invalid, it shall not render the remaining portions of this Agreement void and unenforceable.

If you are executing this Agreement as a corporate officer, you represent and warrant to the Bank that you are duly authorized to sign this Agreement on behalf of the Corporation.

Bill Payment Deadlines

You must schedule a bill payment 7-10 days prior to the payee’s due date for check payments to allow for proper and timely posting to your payee account. This means you must schedule the payment date 7-10 days prior to the due date.

Bill Payment "Stop Payments"

If you wish to stop payment on a Bill Payment, you must delete the payment from the Bill Pay system before 4:00 P.M. CST, Sunday though Friday, the day before the scheduled payment date.

Bill Payment Risk Reduction Measures

We, or our agent, may in our discretions, implement features to reduce credit risks. These may include, but are not limited to pre-authorized drafts for business customers, verifying funds through an ATM network, and separating debits from credits so that payments are not sent until good funds are received.

Bill Payments and Transfers - Your Responsibility

You are responsible for all transfers and bill payments you authorize using the Services. If you permit other persons to use the Services or your Access ID and password, you are responsible for all transactions they authorize from your linked eligible accounts. You are liable for all transactions that you make or authorize, even if the person you authorize exceeds your authority. If you have given someone your Access ID and password and want to terminate that person’s authority, you must change your password to prevent further access by such person.

You are responsible for having sufficient funds in your account(s). You are liable for our standard fees associated with overdrafts in your account or for insufficient funds (NSFs). If your account does not have sufficient funds to make a payment as of the scheduled date, the payment will be canceled and no further attempt will be made by us to complete the payment. You are responsible for making alternative arrangements for the payment or for rescheduling the payment through the Service. In the case of recurring payments, only the current scheduled payment will be cancelled. Payments scheduled for future dates will not be affected. In the event you have sufficient funds to make some, but not all scheduled payments, we or our agent may, in our sole discretion, determine which payments to complete.

You agree that when any transfer, bill payment, or other transaction is generated by the Services, we may debit your designated account or the account on which the item is drawn without requiring your signature on the item and without prior notice to you.

Bill Payments and Transfers - Our Responsibility for Completing

If we do not complete a payment or transfer to or from your account on time or in the correct amount according to our agreement with you when you have properly instructed us to do so, we may be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance:

1. If, through no fault of ours, you do not have sufficient collected funds in the account from which a payment or transfer is to be made, or if the account has been closed or is not in good standing, or if we reverse a payment or transfer because of insufficient funds.
2. If any payment or transfer would go over the credit limit of any account.
3. If your equipment or ours was not working properly and you knew about the breakdown when you attempted to conduct the transaction.
4. If you have not given us complete, correct or current account numbers, other identifying information, or instructions so that we can properly credit your account or otherwise complete the transaction.
5. If you fail to properly follow our instructions, including all on-screen instructions, or if you provide us with wrong or inaccurate information or fail to correct or tell us about an inaccuracy of which you are aware.
6. If you do not instruct us soon enough for your payment or transfer to be received and credited by the time it’s due as described in the Payment Deadlines section.
7. If a timely bill payment is made but the payee nevertheless does not credit your account promptly after receipt.
8. If the money in the account from which a payment or transfer is to be made is subject to legal process or other claim that restricts access to the funds.
9. If your account is closed or frozen.
10. If we reasonably believe that a transaction may be unauthorized and based thereon the transaction is not completed.
11. If you, or anyone authorized by you, commits fraud or violates any law or regulation.
12. If circumstances or persons beyond our or our agent’s control prevent, delay, intercept or alter the transaction, despite reasonable precautions that we have taken. Such circumstances include, but are not limited to, computer failure, telecommunications breakdowns or interruptions, labor disputes, delays caused by payees, interruption of service by ATM or other payment networks, fires, floods, and other natural disasters.

Our liability to reimburse payee-imposed late fees, provided the payment was scheduled and made in accordance with the above requirements, shall not exceed $50. We may attempt on your behalf to have a late fee reversed or waived. We have no liability for late fees for payments not initiated following the instructions defined in this agreement or provided in other instructional materials regarding the Services.

In no event shall we be liable for damages that exceed your actual cost due to our failure to complete a transfer, and we shall not be liable for any indirect, incidental, or consequential damages.

Disclosure of the Account Information and Transfers

You understand information about your accounts or the transfers you make may automatically be disclosed to others. For example, tax laws require disclosure to the government of the amount of interest you earn and some transactions, such as large currency and foreign transactions, must be reported to the government. We may also provide information about your accounts to persons or companies we believe would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant calls to verify a check you have written. In addition, we routinely inform credit bureaus when accounts are closed because they were not handled properly. We may also seek information about you from others, such as a credit bureau, in connection with the opening or maintaining of your account or in connection with approving your access to the Services. You agree and hereby authorize all of these transfers of information.

Electronic Payments

Payments made electronically over an automated clearinghouse system (“ACH”) are governed by the rules and performance standards of the network as promulgated by the National Automated Clearing House Association (NACHA) as they may currently exist and as they may be amended from time to time.

Periodic Statements

You will be mailed periodic statements for your account(s) as regularly provided for in the depositor or credit agreement applicable to your accounts. Your statement will reflect any transfers or bill payments you authorize using the Services. You will not receive a separate Service statement.

Business Days and Hours of Operation

The HCB Corporate Banking Services are generally available 24 hours a day, 7 days a week. However, we only process transactions and update information on business days. Our business days are Monday through Friday. Transfers made after 4:00 P.M. CST will be processed the next business day. Holidays are not business days.

Changes / Interruptions in Service

We may periodically do maintenance on our equipment or system that may result in a temporary interruption of service or errors in the Service. We may also change the scope of our Services from time to time. We will attempt to provide prior notice of such changes/interruptions but cannot guarantee that such notice will be provided.

Charges / Fees

Once you are an enrolled user of the Services, you agree to the terms and conditions of this account including any schedule of charges that may be imposed. You shall be subject to any future charges and fees after 30 days prior notice. You authorize us to automatically deduct all applicable charges and fees from your primary checking (and other applicable) account(s) with us.

Important Note for Non-Personal Account Holders

The loss, theft, or unauthorized use of your Access ID and Password could cause you to lose all of the money in your account, plus any amount available under your overdraft protection credit line or other credit lines linked to your deposit account utilized for bill payments, or transfers.

Security

In order to maintain secure communications and reduce fraud, you agree to protect the security of your Access ID and Password. We reserve the right to block access to the Services if we reasonably believe the confidentiality of your Access ID and Password may have been compromised and/or that they may be being used by an unauthorized person. We also may require you to utilize Internet browser software meeting certain minimum-security requirements in order to access our Services.

Severability

If any provision of this agreement is held invalid, illegal, unenforceable, the validity, legality, or enforceability of the remaining provisions shall in no way be affected or impaired thereby.

Termination / Inactivity

We may terminate this agreement and any Services provided hereunder at any time you have enrolled for Services including; without notice if we reasonably believe you are violating any of the terms and conditions of this agreement. Otherwise, either you or we may terminate this agreement and any Service provided hereunder at any time by giving at least five (5) business days prior written notice of termination to the other party. If you terminate a transfer or Bill Pay Service, you authorize us to continue making transfers, payments, and other transactions you have previously authorized until we have a reasonable opportunity to act upon your termination notice. Once we have acted on your notice, we have no responsibility to make any transfers, bill payments or other transactions you may have previously authorized.

If you are not paying a monthly service charge for the Services, we may terminate your Service access if you do not have any transactions scheduled through the Service for any consecutive ninety (90) day period. If your Service is terminated for inactivity, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.

Disclaimer of Warranty and Limitation of Liability

You agree that our liability for viruses, worms, Trojan horses, or other similar harmful components that may enter your computer system by downloading information, software, or other materials from our site shall be limited to replacing, or the reasonable cost of replacing, the lost information, software, or other material.

You agree that each party shall bear the liability or the risk of any error or loss of data, information, transactions or other losses that may be due to the failure of their respective computer system or third party communications provider on which each party may rely.

We shall have no liability to you for any damage or other loss, direct, indirect, incidental, or consequential, that you may incur from such viruses, worms, Trojan horses, or other similar harmful components or by reason of your use of your computer system or your communications provider.

We shall not be liable for any losses resulting from circumstances over which we have no direct control, including, but not limited to, the failure of electronic or mechanical equipment or communications lines, telephone, or other interconnect problems, operation errors, log-in sequences, severe weather, earthquakes, floods, and other such events. You acknowledge that there are alternative methods for accessing the information and conducting the transactions provided by the Services, such as in person transactions at a Homeland Community Bank Office, by phone, or payment by check. In the event you experience problems in accessing the Service, you will attempt to access such information and conduct such transactions by such alternative methods.

There may be other exceptions to our liability as stated in your Depositor Agreement or other agreements you have with us.

We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Services provided to you under this Agreement. We do not and cannot warrant that the Services will operate without errors, or that any or all Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this agreement or by reason of your use of or access to Services, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty or any other legal theory. Further, in no event shall the liability of Bank exceed the amounts paid by you for the Services provided to you under this Agreement.

Miscellaneous

We may amend this agreement by giving notice to you at least thirty (30) days prior to the effective date of the amendment, unless law or applicable regulation otherwise requires such amendment. We may give notice by any one or more of the following methods: By sending notice by first-class mail or electronic mail at the address shown on our records, by placing a statement message on the statement for any of your account(s) or by posting a notice on our Internet site. You will be deemed to have received any notice by electronic mail three (3) calendar days after it is sent. Your continued use of the Service is your agreement to the amendments.

We may from time to time waive fees and/or other terms or provisions of this agreement, but any such waiver shall not be deemed a waiver of the term or provision in the future.

This agreement is the entire agreement between you and us pertaining to the Services and supercedes any marketing or other material delivered to you in writing, verbally, or obtained at our Internet site.

Your selection of “I accept” on the Homeland Community Bank Corporate Banking Login page will validate you have read and agree to the above provisions and are enrolling for Services selected.

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