Agreement –This Agreement, which includes the Fee Schedule, is a contract which establishes the rules which cover your electronic access to your accounts at Homewood Federal Savings Bank through Online Banking. By using Online Banking, you accept all the terms and conditions of this Agreement. Please read it carefully.
The terms and conditions of the deposit agreements and disclosures for each of your Homewood Federal accounts as well as your other agreements with Homewood Federal, 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 Maryland (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 Homewood Federals 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 Homewood Federal with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.
Definitions — As used in this Agreement, the words “we”, “our”, “us”, and “Bank” mean Homewood Federal Savings Bank. “You” and “your” refer to the accountholder authorized by Homewood Federal to use Online Banking under this Agreement and anyone else authorized by that accountholder to exercise control over the accountholder’s funds through Online Banking. “Account” or “accounts” means your accounts at the Bank. “Electronic funds transfers” means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your Bank accounts using Online Banking. “Online Banking Services” means the services provided pursuant to this Agreement. “Business days” means Monday through Friday. Holidays are not included.
Access To use Online Banking, you must have at least one deposit account at the Bank, access to Internet service, and an email address. Once we have received your Enrollment Form, and verified your account information, we will send to you by postal mail confirmation of our acceptance of your enrollment, along with your assigned login ID and temporary password. Online Banking can be used to access only the Bank accounts which you are designated as the primary owner. You will not be able to transfer funds to or from any passbook savings account or certificate of deposit. Access to your accounts through 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 Online Banking to determine that they are made on behalf of the accountholder.
Online Banking Services — You can use Online Banking to check the balance of your Bank accounts, view Bank account histories, transfer funds between your Bank accounts and transfer funds to your loan account to make payments.
Hours of Access — You can use Online Banking seven days a week, twentyfour hours a day, although some or all Online Banking services may not be available occasionally due to emergency or scheduled system maintenance. We agree to post notice of any extended periods of nonavailability on the Online Banking web site.
Your Password For security purposes, you are required to change your password upon your initial login to Online Banking. You determine what password you will use and the identity of your password is not communicated to us. 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 and agree to change your password regularly. Upon four unsuccessful attempts to use your password, your access to Online Banking will be revoked. To reestablish your authorization to use Online Banking, you must contact us to have your password reset or to obtain a new temporary password.
We require that you create a password that utilizes both upper and lower case alpha, numeric characters, and special characters for purposes of security and it must be 8 to 17 characters in length. 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 — You understand the importance of your role in preventing misuse of your accounts through Online Banking and you agree to promptly examine your paper statement for each of your Bank accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver’s license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your password and login ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via on line banking is encrypted in an effort to provide transmission security and on line banking utilizes identification technology to verify that the sender and receiver of Online Banking transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that the Online Banking system is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing on line bank, or e mail transmitted to and from us, will not be monitored or read by others.
Fees and Charges — The bank offers this Online Banking free of charge. However, service fees that would be imposed for a transaction effected through other means will still be imposed when such transactions are effected through Internet Banking. Current individual fees (for example: insufficient funds transactions) are disclosed on our Fee Schedule which was given to you at account opening.
Posting of Transfers— Transfers initiated through Online Banking before 3:00 p.m. (Central Time) on a business day are posted to your account the same day. Transfers completed after 3:00 p.m. (Central Time) on a business day, Saturday, Sunday or banking holiday, will be posted on the next business day. Online Banking identifies transfers based upon the login ID of the user who made the electronic transfer. You agree to communicate with any other persons with authorized access to your accounts concerning any transfers from your accounts in order to avoid overdrafts.
Overdrafts (Order of Payments, Transfers, and other Withdrawals) — If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then:
- Electronic fund transfers initiated through Online Banking which would result in an overdraft of your account may, at our discretion, be cancelled;
- In the event the electronic transfers initiated through Online Banking which 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 Online Banking Transactions — The number of transfers from Bank accounts and the amounts which may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer finds, you cannot transfer the portion of the funds held until the hold expires.
Disclosure of 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 but only with your signed written authorization. It may be necessary to disclose information on your account to comply with government agencies or court orders.
Periodic Statements — You will not receive a separate Online Banking statement. Transfers to and from your accounts using Online Banking will appear on the respective periodic paper statements for your Bank account.
Change in Terms — We may change any term of this Agreement at any time. If the change would result in increased fees for any 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 30 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 find transfer system. We will post any required notice of the change in terms on our web site or forward it to you by email 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 find 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 all of the subject 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.
In case of errors or questions about your electronic transfers, contact us as soon as you can, if you think your paper statement is wrong, or if you need more information about a transfer listed on your paper statement. We must hear from you no later that 60 days after we sent the FIRST paper statement upon which the problem or error appeared.
When you contact us:
- 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 you contact us by telephone or by email, 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 after you contact us and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question, If we decide to do this, we will provisionally credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes 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.
If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation. 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 — 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 when you have properly instructed us to do so,
we will 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:
- If, through no fault of ours, you do not have enough money in your account to make a transfer.
- If a legal order directs us to prohibit withdrawals from the account.
- If your account is closed, or if it has been frozen.
- If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
- If any electronic terminal, telecommunication device, or any part of the Online Banking electronic funds transfer system is not working properly and you knew about the problem when you started the transfer.
- If you have not properly followed the onscreen instructions for using 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.
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. 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.
Disclaimer of Warranty and Limitation of Liability — 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 Online Banking Services provided to you under this Agreement. We do not and cannot warrant that Online Banking will operate without errors, or that any or all on line banking 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 Online Banking, 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. Further, in no event shall the liability of Homewood Federal and its affiliates exceed the amounts paid by you for the services provided to you through Online Banking.
The Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your personal computer using a virus protection product. An undetected virus may corrupt and destroy your programs, files and hardware.
Your Right to Terminate — You may cancel your Online Banking service at any time by providing us with written notice by postal mail or fax. Your access to Online Banking will be suspended within 3 business days of
our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
Our Right to Terminate — You agree that we can terminate or limit your access to Online Banking services for any of the following reasons;
- Without prior notice, if you have insufficient finds in any one of your Bank accounts. Online Banking service may be reinstated, in our sole discretion, once sufficient finds are available to cover any fees, pending transfers, and debits.
- Upon reasonable notice, for any other reason in our sole discretion.
Communications between Homewood Federal and You — Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
Email — You can contact us by email at email@example.com (Please note that banking transactions through Online Banking are not made via email)
Telephone — You can contact us by telephone at 4103275220. Facsimile — You can contact us by fax at 4105581719
Postal Mail — You can write to us at:
Homewood Federal Savings Bank
322830 Eastern Avenue
Baltimore MD 21224
In Person — You may visit us in person at our office noted above.
Consent to Electronic Delivery of Notices — You agree that any notice or other type of communication 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 Homewood Federals web site or by email. You agree to notify us immediately of any change in your email address.