HOMEBANK TEXAS ONLINE BANKING / BILL PAY MOBILE BANKING / ELECTRONIC STATEMENT DELIVERY AGREEMENT

Transcription

1 HOMEBANK TEXAS ONLINE BANKING / BILL PAY MOBILE BANKING / ELECTRONIC STATEMENT DELIVERY AGREEMENT Introduction: (revised: 02/23/16) It is your sole responsibility to read this agreement. By acknowledging acceptance of the Online Banking, Mobile Banking, Bill Pay, Mobile Banking, Electronic Statement Delivery Agreement,0 you agree to be bound by all the terms and conditions of this agreement and acknowledge your receipt and understanding of this disclosure. This agreement includes but is not limited to Mobile Banking and Mobile Deposit. HomeBank Texas will offer its customers certain Online Banking Services through an internet based program furnished, supported and serviced by an agreement between HomeBank Texas and Computer Services, Inc. Acceptance of the terms and conditions of this agreement along with the deposit agreements and disclosures given to you when your account was opened, will govern your use of HomeBank Texas Online Banking. This agreement is subject to applicable federal laws and the laws of the State of Texas and along with the HomeBank Texas Online Banking Application constitutes the agreement between the customer and/or company and HomeBank Texas with respect to HomeBank Texas Online Banking. HomeBank Texas Online is offered as a free service to customers of HomeBank Texas. There are certain features such as, but not limited to Stop Payments, which may incur fees. Current stop payment fees are disclosed when an account is opened at HomeBank Texas. We reserve the right to change the fees or other terms of this agreement. If changes are made to fees you will be notified at least 30 days in advance of the effective date of such a change. By continuing to use the accounts and services to which the changes relate, you are accepting the change. HomeBank Texas Online can be accessed twenty-four hours a day, seven days a week, although some services may occasionally not be available due to emergency, scheduled system maintenance or technical difficulty. Requirement of Two Signatures: Accounts styled "Two Signatures Required" are not eligible for Bill Pay. They can however sign up for Online Banking for informational purposes only. Registration Process: HomeBank Texas has made it easy to sign up for Online Banking/Mobile Banking/Bill Pay/and Electronic Delivery of Statements. By completing the link provided on our website and accepting this agreement, you acknowledge that you understand and agree to the contents of said agreement. Please contact a Customer Service Representative with any concerns or questions you have in regards to using Online Banking and/or with this agreement. Definitions: The following definitions apply in this Agreement. Online Banking is the Internet-based service providing access to your HomeBank Texas account(s); Online Account means any HomeBank Texas account from which you will be conducting transactions using your User ID and Password. Time of day references are to Central Standard Time. We, us or Bank refer to HomeBank Texas, which offers the Services and which holds the accounts accessed by the Services. Access to Services: You will gain access to your Online Accounts through the use of your Internet-enabled device, your Internet Service Provider, your login ID and Password. Use Of Your Security Password: You agree not to allow anyone to gain access to the Services or to let anyone know your Password used with the Services. You agree to assume responsibility for all transactions with respect to your online account.

2 You will be required to change your password every 90 days; however, you can change it more often should you deem it necessary. If you have trouble changing it yourself, contact customer service (972) CST, 8:00 a.m. to 4:00 p.m., Monday thru Thursday and 8:00 a.m. to 5:00 p.m. on Friday for assistance. If Your Statement Shows Transfers That You Did Not Make: If your statement shows transfers that you did not make, notify HomeBank Texas Customer Service immediately by calling (972) CST, 8:00 a.m. to 4:00 p.m., Monday thru Thursday and 8:00 a.m. to 5:00 p.m. on Friday or by writing a letter and either giving it to a Customer Service Representative, by faxing it to us at , or by mailing it to the following address: HomeBank Texas Customer Service 601 N. Hwy 175 (POB 909) Seagoville, Texas NOTE: Your account is considered a new account for the first 90 days after the first deposit is made, unless the owners of the account already have an established account with us before the account in question was opened. Banking Transactions with Online Banking: In addition to viewing account information, you may use Online Banking to conduct the following transactions: (1) Transfer funds among your checking accounts, savings account, and money market accounts. NOTE: Because regulations require HomeBank Texas to limit preauthorized transfers (including Online Banking transfers), the following limitations apply: (a) Savings Account You can make no more than six per statement cycle by preauthorized or automatic transfer or by telephone or Online Banking. (b) Money Market Account You can make no more than six withdrawals per statement cycle by preauthorized or automatic transfer or by telephone or Online Banking and no more than three of these may be by check, draft, or similar order to third parties. (2) New services may be introduced for Online Banking from time to time. HomeBank Texas will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules, which will be made available to you concerning these services. Bill Payment Service: The Bill Payment service allows you to schedule bill payments through E-Banking. HomeBank Texas does not provide the service directly. Instead, HomeBank Texas has entered into an agreement with a bill payment provider to provide the bill payment services directly to you. Subject to any regulatory or Institution imposed limitations on usage, you can arrange, at your option, for the payment of your current, future and recurring bills from a regular checking account or a money market account (money market transactions are limited by Regulation D to six (6) withdrawals per statement cycle, 3 of which can be checks to third parties). If your checking account is an Economy Account or any account other than a regular checking account, be sure you know and understand the rules that apply to said account. There is no limit for regular checking accounts as to the number of payments that may be authorized and you may pay any merchant or individual approved by the bill payment provider. While payments are initiated by you electronically, they are ultimately paid via an automated clearinghouse (ACH) network or by a paper check. Payments delivered over an ACH network are governed by the rules and performance standards of that network. Mobile Banking: Mobile Banking is Online Banking on your mobile phone except it has been designed to be viewed in a much simpler and easy to use format designed especially for a mobile phone. Mobile Banking provides you with access to the most popular Online Banking features; however, for services such as e-statements or setting up e-alerts, you will still need to access Online Banking from a computer. Mobile Banking is offered as a convenience and supplemental service to our Online Banking Services. It is not intended to replace access to Online Banking from your personal computer. Mobile Banking will be subject to the following: The terms and conditions of Mobile Banking are the same as Online Banking HomeBank Texas rules, procedures and policies applicable to each account to which you have previously agreed.

3 The rules and regulations of any funds transfer system used in connection Online Banking or Mobile Banking and all applicable state and federal laws and regulations Periodic Statements: HomeBank Texas provides you two methods of receiving your monthly statement which we strongly suggest you review each month for accuracy. The monthly statement provides you with instruction for error resolution should you have questions about items listed. You can elect to receive your statement mailed to your address on record (at a fee) or set up electronic statement through online banking and receive an notifying you the statement is ready for review. Electronic Statement Delivery: By acknowledging acceptance of the Online Banking/Bill Pay/Mobile Banking/Electronic Statement Delivery Agreement, you are authorizing HomeBank Texas to deliver to the address provided disclosures and other documentation related to these services. Once you sign up for Electronic Statement Delivery, you will receive an with a PDF attached. The PDF is our E-Sign Disclosure and will contain a Confirmation Code that you will send to us when you reply. By replying to the you are stating that the was received and that you are able to open a PDF. When you log in to Online Banking to view your monthly statement it will be in a PDF format. On-Line PIN: Your PIN will give you access to HomeBank Texas accounts via E-Banking. HomeBank Texas is entitled to act on any instructions it receives using your PIN. For security purposes, it is recommended that you memorize your PIN and do not write it down. We also recommend that you change your PIN regularly to try and avoid misappropriation by a third party. Your PIN can be changed at our Internet Banking site. You are responsible for keeping your PIN and account data confidential. When you give someone your PIN, you are authorizing that person to use your E-Banking and the On-Line Financial Services. You are responsible for all transactions performed using your PIN, even if you did not intend or authorize them. In addition, fraudulent transactions initiated using your PIN will be charged against your account(s). Electronic Mail: If you send HomeBank Texas an electronic mail message through Online Banking, HomeBank Texas will be deemed to have received it on the following business day. HomeBank Texas will have a reasonable time to act on your . You should not rely on electronic mail if you need to communicate with HomeBank Texas immediately for example, if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur. You agree that HomeBank Texas may respond to you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by HomeBank Texas shall be considered received within three (3) days of the date sent by HomeBank Texas, regardless of whether or not you sign on to the Service within that time frame. Notice of Stop Payment: The Stop Payment feature is designed to submit a request allowing you to stop payment on checks you have written which have not yet cleared your account. There is a fee associated with this service. This service is not available to cancel the payment(s) scheduled through Bill Pay, the bill payment service offered by HomeBank Texas through Online Banking. If you have a problem or need to cancel a scheduled bill pay and are not sure how to handle this, please contact a Customer Service Representative at (972) Please be advised that a stop payment cannot be submitted online when trying to stop a Prearranged Monthly Payment which has been set up with a Company to debit your account automatically. This type of debit is referred to as an ACH Debit and requires special handling. Please visit our Customer Service Department for assistance. A stop payment request will expire and become null and void 6 months from the date received, unless revoked or released prior to that time or unless renewed for an additional period of time. Renewals will be for the same period of time as the original stop payment. An additional fee will be charged for the renewal. Reasonable notification of stop payment must be given to HomeBank Texas prior to the item being presented. Being specific in the remark column will assist us in returning the correct item.

4 Consumer/Company agrees to hold HomeBank Texas harmless and indemnify it against any loss, expense or cost incurred resulting from not being able to act upon the stop payment request due to incorrect or incomplete information. Other Agreements: In addition to this Agreement, you and HomeBank Texas agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Online Banking service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures received by you when you open your accounts at HomeBank Texas. Fees, including but not limited to, stop payments will automatically be deducted from your account when applicable. Hours of Operation You can usually access E-Banking seven (7) days a week, twenty-four (24) hours a day. However, at certain times, some or all of E-Banking may not be available due to system maintenance or reasons beyond HomeBank Texas's control. HomeBank Texas does not warrant that E-Banking will be available at all times. When unavailable, you may use our 24-Hour Account Information system, an automated teller machine (ATM) or a branch office to conduct your transactions. For purposes of transactions, HomeBank Texas s business days are Monday through Friday, excluding holidays. All Online Banking transaction requests received after 5:55 p.m. (Central Time) on business days and all transactions, which are requested on Saturdays, Sundays, or holidays on which HomeBank Texas chooses to remain closed, will be processed on the next business day. HomeBank Texas's business day begins at 8:00 a.m. Responsibility: Neither HomeBank Texas nor its suppliers will be liable for any transaction if: (1) you do not have enough money in your account to complete the transaction; (2) there is a legal order prohibiting withdrawals from your account; (3) your account is closed or has been frozen; (4) you, or anyone you allow, commits fraud or violates any law or regulation in connection with E-Banking services; (5) any electronic terminal, telecommunication device or part of the electronic fund transfer system is not working properly; (6) you did not provide us with complete and correct payment or transfer information; (7) you did not properly follow the instructions for use of E-Banking services; (8) you knew that E-Banking services were not operating properly at the time you initiated the transaction or payment; (9) there is a postal delay; or (10) circumstances beyond our control (such as a fire, flood or improper transmission or handling by a third party) that prevents, hinders, or delays the transaction. It is the responsibility of you the customer to make certain that the bank s records reflect your current physical address; mailing address, address, telephone numbers, and personal contact should we need to speak with you concerning your account. Links to Other Sites: Information that HomeBank Texas publishes on the World Wide Web may contain links to other sites and third parties may establish links to HomeBank Texas's site. HomeBank Texas makes no representations about any other web site that you may access to, from or through this site. Unless expressly stated in writing, HomeBank Texas does not endorse the products or services offered by any company or person linked to this site nor is HomeBank Texas responsible for any software or the content of any information published on the site of any third party. You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs. Virus Protection and Information Security: HomeBank Texas is not responsible for any electronic virus that you may encounter using the on-line services. We encourage you to routinely scan your computer and diskettes using a reliable virus protection product to detect and remove viruses. If undetected and unrepaired, a virus can corrupt and destroy your programs, files and hardware. Data transferred via HomeBank Texas Online is encrypted in an effort to provide transmission security. However, customer and/or company acknowledges 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. HomeBank Texas does not warrant that data transfers will not be monitored or read by others.

5 Therefore, customer and/or company agree to protect the confidentiality of their accounts, account numbers, passwords, and personal identification information such as driver's license number and social security number. For security purposes, the customer and/or company is required to change the password upon initial login to HomeBank Texas Online. Customer and/or company determine what the new password will be and the identity of that password is not communicated to HomeBank Texas. Therefore, the customer and/or company agree that HomeBank Texas is authorized to act on instructions received under the customer's and/or company's password. The customer and/or company also accepts the responsibility for the confidentiality and security of the password and agrees to change the password regularly or as required by HomeBank Texas. Passwords should not be associated with any commonly known personal identification such as social security numbers, addresses, and date of birth, names of children, or other easily identifiable information. The password should be memorized rather than written down. As added security, your online session will be disconnected if there is no activity for 10 minutes. This is to protect you in case your computer is unattended after you logged on. When you return to your computer, you will be prompted to re-enter your access ID and password. Modifications to This Agreement: HomeBank Texas may modify the terms and conditions applicable to either Service from time to time upon mailing or delivering a notice of the modifications to you at the address shown on our account records and the revised terms and conditions shall be effective at the earliest date allowed by applicable law. We may send any notice to you via electronic mail and you will be deemed to have received it three days after it is sent. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice. Errors and Questions: In case of errors or questions regarding Online Banking transactions, call HomeBank Texas Customer Service at (972) CST, 8:00 a.m. to 4:00 p.m., Monday thru Thursday and 8:00 a.m. to 5:00 p.m. on Friday, or by writing a letter and either giving it to a Customer Service Representative at HomeBank Texas, or by mailing it to the following address: HomeBank Texas Customer Service 601 N. Hwy 175 (POB 909) Seagoville, Texas We must hear from you at the specified telephone number or address no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. We will need: (1) Your name and account number, (2) A description of the error or the transfer in question and an explanation concerning why you believe it is an error or need more information, (3) The dollar amount of the suspected error and date on which it occurred. If the report is made orally, you must send the complaint or question to HomeBank Texas Customer Service in writing within 10 business days. We will notify you with the results of the investigation within 10 business days after you notified us. If more time is needed, however, we may take up to 45 days to investigate a complaint or question. If this occurs, we will credit your account within 10 business days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within 10 business days, we may not credit your account until the investigation is complete. If an alleged error involves an electronic funds transfer outside a state or territory or possession of the United States, the applicable time periods for action by us are 20 business days (instead of 10) and 90 calendar days (instead of 45). If we determine that no error occurred, we will send you a written explanation within three business days after the investigation is complete, and any credit to your account with respect thereto shall be reversed. You may request copies of the documents that were used in the investigation. You agree that HomeBank Texas may respond to you by electronic mail with regard to any claim of unauthorized electronic funds transfer related to the Service. Any such electronic mail sent to you by HomeBank Texas shall be considered received within three (3) days of the date sent by HomeBank Texas, regardless of whether or not you sign on to the Service within that time frame. Our Liability for Failure to Make a Transfer: If we do not properly complete a transfer to or from your account on time or in the correct amount according to our Agreement with you, we will be liable for the amount of any actual (but not incidental or

6 consequential) damages incurred by you and resulting directly from such failure. We will not be liable in the following instances: (1) If through no fault of HomeBank Texas, you do not have enough money in your account to make the transfer. (2) If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failures or breakdown, or the unauthorized actions of a third party) prevent the transfer, despite reasonable precautions that we have taken. (3) If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy. (4) If your funds are subject to legal process or other encumbrance restricting the transfer. (5) If your transfer authorization terminates by operation of law. (6) Access of your accounts without your permission. (7) You have not properly followed the scheduling instructions on how to make a transfer included in this Agreement. (8) If we have received incomplete or inaccurate information from you or a third party involving that account or transfer. (9) If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement, or any other agreement with us, or if we or you terminate this Agreement. There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages. If any of the circumstances listed in subparagraph 2 or 9 above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed. Disclosure of Information to Third Parties: We will disclose information to third parties about your account or the transfer you make: (1) where it is necessary for completing transfer, or (2) in order to comply with government or court orders, or other reporting requirements, or (3) if you give us your written permission, or (4) as required or allowed by law. More information regarding disclosure of information to third parties is contained in the HomeBank Texas Online Banking Privacy Policy and HomeBank Texas Notice of Your Privacy Rights. Inactivity and/or Termination: You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which you access using electronic banking services. We can terminate your electronic banking privileges under this Agreement without notice to you if you do not comply with the agreement governing your deposit or loan accounts, or your accounts are not maintained in good standing, or for any other reason or no reason at the discretion of HomeBank Texas. We will promptly notify you if we terminate this Agreement or your use of the services for any other reason. We may convert your on-line banking capabilities to an inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 90-day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service. To cancel either Bill Pay and/or Online Banking service(s), you must notify HomeBank Texas's Customer Service and provide your name; address; whether you are discontinuing Bill Pay and/or Online Banking service(s), and the effective date to stop the service(s). You may notify HomeBank Texas's Customer Service by one of the following methods: (1) By sending an to HomeBank Texas through your Online Banking Service, (2) By calling (972) CST, 8:00 a.m. to 4:00 p.m., Monday thru Thursday and 8:00 a.m. to 5:00 p.m. on Friday (3) By writing a letter and either giving it to a Customer Service Representative at HomeBank Texas, or by mailing it to the following address: HomeBank Texas Customer Service 601 N. Hwy 175 (POB 909) Seagoville, Texas Damages and Warranties: In addition to the terms previously disclosed, HomeBank Texas is not responsible for any losses, errors, injuries, expenses, claims, attorney's fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, "Losses") caused by E-Banking. In addition, HomeBank Texas disclaims any responsibility for any electronic virus(es) you may encounter due to use of E-Banking. Without limiting the foregoing, neither HomeBank Texas nor its suppliers shall be liable for any: (1) failure to perform or any losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, act of God, or labor disputes; or (2) the loss,

7 confidentiality of security of any data while in transit via the Internet, communication lines, postal system or ACH network. HomeBank Texas and its suppliers provide E-Banking from their own sites and they make no representation or warranty that any information, material or functions included in E-Banking services are appropriate for use by you in your jurisdiction. If you choose to use E-Banking services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. HOMEBANK TEXAS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF E-BANKING SERVICES. HOMEBANK TEXAS DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION. Indemnification: You shall indemnify, defend and hold harmless HomeBank Texas and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (1) your negligence; (2) your failure to comply with applicable law; or (3) your failure to comply with the terms of this agreement. Applicable Rules, Laws, and Regulations: You submit to the jurisdiction of, and this Agreement shall be governed by the laws of the State of Texas, U.S.A., as well as the Federal Laws of the U.S.A. Venue for any action arising out of this Agreement shall be in a state court of competent jurisdiction covering Dallas County, Texas, U.S.A. The prevailing party in any such action shall be entitled to the recovery of its reasonable attorney fees, costs, and expenses. Force Majeure: Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, act of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts of omissions of communications carriers, or other causes beyond that party's control. Either party may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than thirty (30) days due to the reasons set forth in this subsection. Construction: This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirement of that law. Entire Agreement Acknowledged By Customer and/or Company: Customer and/or company acknowledges that the entire agreement has been read and hereby approves all terms and conditions as set forth in this Agreement as well as all fees related to this product. Customer and/or company also acknowledge a copy of the Regulation E Disclosure Statement was provided at Account Opening. Customer and/or company further acknowledge this Agreement is being submitted by an Individual who has authority to open accounts as established by proper documentation on file at HomeBank Texas. By submitting application for HomeBank Texas Online Banking, the customer and/or company agrees to be bound by all terms and conditions set forth in the current Deposit Agreement between HomeBank Texas and the customer and/or company. HomeBank Texas Locations Dallas Rockwall Seagoville 3637 N. Buckner Blvd 105 East Ralph Hall Parkway 601 N. Highway 175 Dallas, Texas Rockwall, Texas Seagoville, Texas