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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 Home 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.
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 HOME BANKING FOR INTERNET BANKING SYSTEM.
By using MINUTEMAN HOME BANKING, you accept all the terms
and conditions of this Agreement. Please read it carefully.
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 HOME
BANKING under this Agreement and anyone else authorized by
that accountholder to exercise control over the accountholder's
funds through MINUTEMAN HOME 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 HOME 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.
To use the MINUTEMAN HOME BANKING, You must at least have
one personal or business checking or savings account at BANK
and access to the Internet to use MINUTEMAN HOME 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 HOME BANKING can be used to access only
the BANK accounts, which you have designated for access, by
the MINUTEMAN HOME 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 HOME 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 HOME BANKING to determine that they are made on
behalf of the accountholder.
You can use the MINUTEMAN HOME BANKING to check the balance
of your BANK accounts, view BANK account histories, transfer
funds between your BANK accounts, make stop payment requests,
and pay bills from your BANK accounts in the amounts and by
the dates you request if you have requested the Bill Payment
Service on your Enrollment Form. The business module includes
the ACH Module and Wire Transfer Module.
You can use the MINUTEMAN HOME BANKING seven days a week,
twenty-four hours a day, although some or all MINUTEMAN HOME
BANKING services may not be available occasionally due to
emergency or scheduled system maintenance. We agree to post
notice of any extended periods of non-availability on the
MINUTEMAN HOME BANKING web site.
For security purposes, you are required to change your password
upon your initial login to MINUTEMAN HOME 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
three unsuccessful attempts to use your password, your access
to the MINUTEMAN HOME BANKING will be revoked. To re-establish
your authorization to use the MINUTEMAN HOME BANKING, you
must contact us to have your password reset or to obtain a
new temporary 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.
You understand the importance of your role in preventing misuse
of your accounts through the MINUTEMAN HOME 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 MINUTEMAN HOME BANKING
is encrypted in an effort to provide transmission security
and MINUTEMAN HOME BANKING utilizes identification technology
to verify that the sender and receiver of MINUTEMAN HOME BANKING
transmissions can be appropriately identified by each other.
Notwithstanding our efforts to insure that the MINUTEMAN HOME
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 MINUTEMAN HOME BANKING,
or e-mail transmitted to and from us, will not be monitored
or read by others.
You agree to pay the fees and charges for your use of the
MINUTEMAN HOME BANKING Services as set forth in the current
fee schedule. You agree that all such fees and charges will
be deducted from the BANK checking account designated as the
"Primary Checking Account" on your Enrollment Form. If you
close your Primary Checking Account, you must contact us immediately
to designate another account as your Primary Checking Account.
You agree to pay any additional reasonable charges for services
you request, which are not covered by this Agreement. You
are also responsible for telephone and Internet service fees
you incur in connection with your use of the MINUTEMAN HOME
BANKING.
Transfers initiated through MINUTEMAN HOME BANKING before
6:00 p.m. (Central Standard Time) on a business day are posted
to your account the same day. Transfers completed after 6:00
p.m. (Central Standard Time) on a business day, Saturday,
Sunday, Federal holidays or banking holiday, will be posted
on the next business day. The MINUTEMAN HOME BANKING identifies
transfers based upon the login ID of the user who made the
electronic transfer. Accordingly, you understand and acknowledge
that the View Postings screens in both the Transfer and Bill
Payer menu options of the MINUTEMAN HOME BANKING will not
reflect transfers made by multiple users from the same account
if different login IDs are used. You agree to communicate
with any other persons with authorized access to your accounts
concerning any transfers or bill payments from your accounts
in order to avoid overdrafts.
If your account has insufficient funds to perform all electronic
fund transfers you have requested for a given business day,
then:
- Electronic funds
transfers involving currency disbursements, like ATM withdrawals,
will have priority;
- Electronic fund
transfers initiated through MINUTEMAN HOME BANKING, which
would result in an overdraft of your account, may, at our
discretion, be cancelled;
- In the event
the electronic fund transfers initiated through MINUTEMAN
HOME 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.
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 funds, you cannot
transfer the portion of the funds held until the hold expires.
You must designate the BANK account from which the payments
are to be made; the complete name of the payee, the account
number, and the payee's remittance address, all exactly as
shown on the billing statement or invoice; the amount of the
payment; and the date you want the payment to be debited from
your account. If the date you want the payment to be debited
from your account is not a business day, your account will
be debited the next business day. By using the MINUTEMAN HOME
BANKING Payment Service option, you agree that, based upon
instructions received under your password, we can charge your
designated account by electronic transfer, "no signature required
draft", or by debiting and remitting funds on your behalf.
You also agree that your first MINUTEMAN HOME BANKING bill
payment will be charged to your Primary Checking Account.
We reserve the right to refuse to pay any payee designated
by you. If we do so, we will notify you promptly.
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.
If the payee is to be paid by paper check (as indicated on
the Bill Payer list), you understand and agree that paper
checks are mailed to the payee and the payee may not receive
the payment until 5 to 8 business days after the date the
payment is debited from your account. If the payee is to be
paid electronically (as indicated on the Bill Payer list),
you understand and agree that the payee may not receive the
payment until 72 hours after the date the payment is debited
from your account. You understand and agree that we are not
responsible for the timely delivery of mail or the improper
transmission or handling of payments by a third party such
as the failure of the bill payment payee to properly post
a payment to your account.
To cancel a bill payment that you have scheduled through MINUTEMAN
HOME BANKING, you must cancel the payment online via MINUTEMAN
HOME BANKING (by following the onscreen instructions) one
day prior to the date the payment is scheduled to be debited
from your account.
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 HOME 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 HOME BANKING only
for paper checks you have written (non-electronically) on
your BANK accounts (not MINUTEMAN HOME 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.
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, may be reported to the
government. The circumstances under which we will disclose
information about you, your accounts or your MINUTEMAN HOME
BANKING are set forth below:
- We have entered into an agreement to have another party
provide the Billpay 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.
Accounts can be linked by means of the tax identification
numbers of the person who are authorized to access the account.
Accounts that are linked together will appear together without
regard to the ownership of those accounts. This means, for
example, that when an authorized representative of an account
accesses the service that authorized representative will be
able to view and access at a single time the following 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.
If you are a business, any authorized representative of your
business is authorized on such terms, conditions, and agreements
as we may form time to time require to:
- 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.
Unless otherwise required by applicable law, in the event
that we are required to p rovide a notice or other communication
to you in writing, that notice or other communication may
be sent to you electronically to your internet address as
reflected in our then current records. The information and
e-mail messages you enter on the Minuteman Home Banking may
be recorded. By using Minuteman Home Banking, you consent
to such recording.
You will not receive a separate MINUTEMAN HOME BANKING statement.
Transfers to and from your accounts using MINUTEMAN HOME BANKING
will appear on the respective periodic paper statements for
your BANK accounts.
We may change any term of this Agreement at any time. If the
change would result in increased fees for any MINUTEMAN HOME
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 HOME 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 HOME 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.
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.
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.
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
than 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 the suspected
error relates to a bill payment made via the MINUTEMAN HOME
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.
If we do not complete a transfer to or from your account,
including a bill payment, 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, 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
HOME 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 HOME 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
HOME BANKING is temporarily unable to maintenance, security
reasons, or other exceptions not specifically mentioned
herein.
Notwithstanding any provision to the contrary contained in
this agreement, we shall be responsible only for performing
the services as expressly provided for in these terms and
conditions. 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 MINUTEMAN
HOME BANKING Services provided to you under this Agreement.
We do not and cannot warrant that MINUTEMAN HOME BANKING will
operate without errors, or that any or all MINUTEMAN HOME
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 MINUTEMAN
HOME 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 BANK and its affiliates exceed the amounts
paid by you for the services provided to you through MINUTEMAN
HOME BANKING. Disputes between you and Home State Bank under
this MINUTEMAN HOME BANKING Agreement and that relate to any
of your Home State Bank accounts are subject to the arbitration
proceedings described in the rules and regulations governing
accounts.
You may cancel your MINUTEMAN HOME BANKING Service at any
time by providing us with written notice by postal mail or
fax. Your access to MINUTEMAN HOME 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.
You agree that we can terminate or limit your access to MINUTEMAN
HOME BANKING Services for any of the following reasons:
- Without prior
notice, if you have insufficient funds in any one of your
BANK accounts. MINUTEMAN HOME 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 Home 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.
Unless this Agreement provides otherwise, you can communicate
with us in any one of the following ways:
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 business days are Monday through Saturday
Holidays are not included.
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 the MINUTEMAN HOME BANKING or web site or by e-mail. You
agree to notify us immediately of any change in your e-mail
address.
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Minuteman Home Banking - Internet:
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No Charge |
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Minuteman Home Banking BillPay
- Internet: |
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No Charge |
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Minuteman Internet Banking
(View Only)*: |
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$5.00 per month |
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Minuteman Internet BillPay; |
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$5.95 per month plus 10 payments/mo. no charge - $.35
ea. thereafter. |
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• Additional features are available
at additional costs depending on the level of service
required. |
 Please
click
here to open this agreement in PDF format for printing
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