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This Consumer Online Banking Services Agreement (“Agreement”) contains important information regarding your rights and obligations as a user of HomeStreet’s Consumer Online Banking Services, including any Bill Payer and/or External Funds Transfer (the “Services”). It also describes the rights and obligations of HomeStreet® Bank. This Agreement is supplemental to the Deposit Agreement, and any Terms and Conditions provided to you or made available to you via HomeStreet’s online banking system which applies to your accounts. In the event of any conflict between this Agreement and the Deposit Agreement, this Agreement shall govern matters exclusively applicable to the Services and the Deposit Agreement shall govern all other terms applicable to your accounts generally.
DISCLOSURE REQUIRED BY FEDERAL LAW
Please read this important information before proceeding. Under federal law, you must consent to entering into and receiving the related legal disclosures and agreements electronically before we can provide them to you in this manner. Your consent will only apply to the online banking services you have requested, and will not apply to any other products and services you obtain from HomeStreet Bank, unless you have separately consented to electronic delivery of such information. If you later withdraw your consent for electronic delivery, such withdrawal will not void or alter any transactions you have already agreed to electronically.
If you do not want to receive the legal disclosures, agreements, and instructions electronically, you should exit this area of our web site. If you do not consent to receiving an electronic copy of the legal disclosures, agreements and instructions pertaining to online banking, we cannot proceed with your online banking registration at this time. Instead, please visit any of our branches to speak with a customer service representative. If you consent to receive the disclosures, agreements and instructions electronically, you can also request a paper copy of the related legal disclosures, agreements and instructions by contacting our Customer Service Center at 800-719-8080 or TTY/TTD at 855-584-0256. We will not charge you any fees for providing a paper copy of the disclosures, agreements and instructions to you, although we may charge you a reasonable fee if you request multiple paper copies.
System Requirements: To utilize HomeStreet Bank’s Online Banking Services, you will need:
- A personal computer or other access device, which is capable of accessing the Internet (e.g., you must have a modem and available phone line, a cable Internet connection or some other means of access to the Internet, and you must have an active account with an Internet service provider). Your access to this page verifies that your system meets these requirements.
- An Internet web browser which meets current minimum system requirements.This information is available on our website at homestreet.com/personal/ebanking/browser requirements). Your access to this page verifies that your browser and encryption software meet these requirements.
If the system requirements change and such changes pose a material risk that you will be unable to access your information electronically, we will notify you of the changes and provide information on what is required to continue accessing the Services or how to cancel them.
By requesting and using one of these Services, you agree to comply with the terms and conditions of this Agreement and all agreements you are required to accept to use specific services within Online Banking. We may also introduce new services for Online Banking from time to time. By using any new service, you agree to be bound by the rules that we disclose to you concerning the service.
Please read this Agreement carefully and keep a copy for your records.
Modifications to This Agreement
HomeStreet Bank may modify the terms and conditions applicable to the Online Banking Services from time to time. We will notify you of any changes by delivering a notice of the modifications to you electronically or by sending you an electronic mail message (email). The revised terms and conditions will be effective as of the date indicated in such notice. We may not give you prior notice when an immediate change is necessary to maintain or restore the security of our system. We reserve the right to terminate this Agreement and your use of the Services, in whole or in part, at any time.
In addition to this Agreement you agree to comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Service after we provide you with the agreements or disclosures is your acknowledgment that you have received these agreements and will be bound by them. You should also review all other disclosures you received when you opened your accounts with HomeStreet Bank, including the disclosed fees that may be imposed on your account(s).
The following definitions apply in this Agreement:
“Services” refers to the Consumer Online Banking service, and other services available within online banking, including Bill Payer and External Funds Transfer.
“Consumer Electronic Banking” or “Consumer Online Banking” is the Internet-based service providing access to your HomeStreet Bank account(s).
“Consumer” applies to personal and sole proprietorship businesses.
“Online Account” means any accounts you access through Consumer Online Banking at HomeStreet Bank.
“Password” is the code you create that establishes your connection to the Services.
“We”, “us”, “our”, and “Bank” refer to HomeStreet Bank, which offers the Services.
“You” and “your” refer to each account holder.
“Business Day” refers to Monday through Friday, excluding federal banking holidays.
“Time of day” references are to Pacific Time or Pacific Daylight Time, as applicable.
ACCESS TO SERVICES
You can gain access to your Online Accounts through the use of your Internet-enabled device, your internet service provider, and applicable ID’s and passwords. You are responsible for obtaining, installing, maintaining, and operating all equipment used for any one or all of the Services. HomeStreet will not be responsible for any inability to access or delay in accessing, or failure of the Services caused in any way or in any degree by your computer or other access device, your internet service provider, or your failure to obtain and maintain all equipment and services necessary to access the Services.
Hours of Operation
You may access the Services 24 hours a day, seven days a week, except during maintenance periods or emergency service interruptions. For transaction purposes, HomeStreet Bank’s business days are Monday through Friday, excluding federal holidays. For online banking transactions and stop payment requests approved and submitted after 10:00 p.m. Pacific Time, bill payments scheduled after 6:00 p.m. Pacific Time, and external funds transfer requests received after 4:00 p.m. Pacific Time on Business Days, or any of the above requests received on Saturdays, Sundays, or federal holidays that HomeStreet Bank chooses to remain closed, will be processed on the next Business Day, unless otherwise stated within the specific written agreements (if any) related to a particular Service. Transfers between accounts at HomeStreet Bank that you initiate electronically are reflected immediately in your account balance and detail once the transaction is confirmed.
You agree that HomeStreet Bank may respond to you by electronic mail (email) with regard to any matter related to the Services, including responding to any claim of unauthorized electronic funds transfer that you make. Any email sent to you by HomeStreet Bank will be considered received by you on the date it was sent, regardless of whether or not you sign on to Online Banking within that time frame. You agree that It is your responsibility to update your email address within the Services and that the Bank will have no liability if you do not receive email notification(s) that we send you because we do not have your correct address. If you send an email message to HomeStreet Bank, we will consider it received on the date we actually receive it. You agree that the Bank will have a reasonable amount of time to act on your email message.
You may not use email to initiate transactions on your account(s). You also should not rely on email if you need to communicate with the Bank immediately (for example: to report an unauthorized transaction from one of your accounts or to stop a payment that is scheduled to occur). Instead, please contact us immediately by calling our Customer Service Center at 800-719-8080 or TTY/TTD at 855-584-0256 or by visiting one of our branches.
Sending unencrypted email over the Internet is not a secure method for transmitting personal, financial or account information. In order to protect the integrity of your information, please do not submit sensitive information to us via email. For example, do not send us your account number, password or PINs, or tax identification number (SSN) in an email. If your question involves personal information related to HomeStreet’s banking services, please visit your local branch, contact our Customer Service Center at 800-719-8080 or TTY/TTD at 855-584-0256 or visit homestreet.com and click on Contact Us to send us an email using our Contact Us secure email form.
User ID and Password
Upon enrollment in Online Banking, the system will prompt you to create your User ID and password. After the initial enrollment, the first time you log in, you will be prompted to authenticate your session by either entering a security code sent to you via text message or phone call, or by answering questions that are validated against public records. In order to receive the one-time security code via text message or phone call, you must have a valid phone number on file with HomeStreet Bank. Subject to any limits required by applicable law, you agree to assume responsibility for all transactions initiated with your user ID and Password, even if you did not personally complete or authorize the transactions. You also agree to change your password from time to time, if required by HomeStreet Bank. Because of this, you should treat your password with the same confidentiality as your ATM PIN and other personal financial information. You agree not to allow anyone to gain access to your Online Banking account(s), or to let anyone know your Password used with these Services. You agree to notify us immediately if you believe that your user ID or Password have been stolen or accessed by someone other than yourself.
By using the Service, you agree to maintain current antivirus and firewall software on your computer and to promptly install the latest security patches provided by your computer manufacturer, operating system and key applications. For additional information regarding internet security and best practices, please refer to HomeStreet Bank’s Security Statement at homestreet.com/security/index.aspx.
If we make additional security services and features available to you, you agree that you will utilize these services and features and that by not using such security services and features you are not exercising reasonable care. If you decline to utilize these services and features, we reserve the right to limit your access to the Service. In addition, you understand and agree that, to the extent permitted by applicable law, you will be solely responsible for any losses which could have been prevented had you used the additional security services and features.
ONLINE BANKING SERVICES AVAILABLE
The Service allows you to view your account information and to transfer funds between your accounts at HomeStreet Bank, as applicable. You may also view check images, obtain eStatements, place stop payments on checks, download transaction information to Quicken or electronic spreadsheets and enroll in Bill Payer and mobile banking services. You may transfer funds between your HomeStreet accounts and accounts you have at other financial institutions and brokerage firms using the External Funds Transfer Service.
Online Banking Transaction Limitations
Please refer to your Deposit Agreement and the applicable Terms and Conditions for transaction limitations which apply to your accounts, generally. There may be additional limits related to the specific online services described below.
Bill Payer Service
The Bill Payer Service is an optional service that permits you to direct payments from your online checking account to third parties you wish to pay. You may designate payments to be made from any of your checking accounts available within online banking. Savings accounts are not eligible accounts. All payments you make will be deducted from the account that you designate as your payment account for each payment made. You will be able to access Bill Payer immediately after enrolling in the Bill Payer service.
Through the Bill Payer service, you can pay bills from your account to businesses or individuals, up to a maximum dollar amount of $9,999.99 per payment and up to $20,000 per day, provided that you have funds available in your account. All payments must be payable in U.S. dollars to a payee with an address in the United States. The Service reserves the right to restrict the types of payees to whom payments may be made. You may not use the Bill Payer service to make payments for alimony, child support, or other court-ordered payments, or for taxes or other governmental fees. Payments to these payees will be your sole responsibility if delayed or improperly processed or credited.
HomeStreet’s Bill Payer service provider will make the payment either by transferring funds electronically to the payee, or by mailing the payee a check drawn on your designated Bill Payer funding account. The method of payment will be displayed on your Payment Confirmation screen. Payments can be entered as one-time manual payments, or as automatic payments that are scheduled to occur in the same amount at set intervals as stated in the services (a “scheduled payment”).
If the electronic session during which you schedule a bill payment ends by 6:00 p.m. Pacific Time on a Business Day, HomeStreet will consider it received on that day. Otherwise, it will be considered received on the following Business Day. For all entries made using the Service, the time recorded by HomeStreet’s Consumer Online Banking Service will serve as the official transaction time. Payments can be entered with the current day as the “send on” date, as long as the current date is a Business Day. The “deliver by” date is the date that the payment can be expected to be received by the payee, and is automatically calculated based on the payment type and the send on date. Payments can only be sent on a Business Day; however, in some instances, a scheduled payment will fall on a non-business day. If the “send on” date for a scheduled payment falls on a non-business day (Saturday, Sunday or federal holiday), the payment will be sent on the next Business Day. For bill payments remitted electronically, funds are withdrawn from your Bill Payer account the same Business Day as the designated payment “send on” date. If there are not sufficient available funds in the account on the “send-on” date, the Bill Payer Service will not send electronic payments, and you will receive a Failed Bill Payment alert.
For bill payments remitted via check, funds will be withdrawn from your Bill Payer account on the day the check is presented to HomeStreet Bank. If your Bill Payer account does not have sufficient funds when the check is presented, an NSF (non-sufficient funds) fee will be charged to your account for each payment based on the Fee Schedule in effect at that time and your Bill Payer account may be blocked from all future payments until the NSF payment is resolved. HomeStreet Bank shall have no obligation or liability if it does not complete a transfer or payment because there are insufficient funds in your account to process a transaction or for any other reason. HomeStreet or its affiliate partners may initiate collection proceedings to collect funds for payments made against insufficient funds.
When entering or scheduling an initial payment through the Bill Payer service, please allow at least 10 Business Days prior to the date your payment is due for the initial payment to reach the payee. The due date is the date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period.
Generally, if there are sufficient available funds in your account, electronic payments are received by the payee within 3 Business Days and checks may take up to 10 days to be received by the payee. If you do not allow sufficient time for your payment to be received, or if there are not sufficient available funds in your account either on the “send on” date or on the date a bill payment check is presented for payment, you will be fully responsible for all late fees, finance charges, or other action taken by the payee. If you schedule your payment and follow all instructions provided, but the payment is not received by the payee in a timely manner, we will work with the payee on your behalf to attempt to have any late fees or charges reversed.
IMPORTANT: HomeStreet Bank is responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement, and we reserve the right to decline to process any payment for any reason. IF THERE ARE NOT SUFFICIENT FUNDS IN YOUR BILL PAYER ACCOUNT AS OF THE ‘SEND ON’ DATE, OR IF YOUR BILL PAYER ACCOUNT IS SUBJECT TO GARNISHMENT, LEVY, ATTACHMENT OR OTHER LEGAL PROCESS, YOUR PAYMENTS WILL NOT BE MADE. HOMESTREET BANK WILL NOT BE RESPONSIBLE IN ANY WAY FOR DAMAGES OR COSTS YOU MIGHT INCUR IF YOU DO NOT HAVE SUFFICIENT FUNDS AVAILABLE FOR THE PAYMENTS TO BE MADE. HomeStreet will not be liable in any way for damages you incur if you do not have sufficient funds in your Bill Payer account to make the payment on the “send-on” date. Further, HomeStreet will not be responsible for delays in mail delivery; for changes to the payee's address or account number (unless you have advised us of the change sufficiently in advance); for the failure of any payee to account correctly or credit the payment in a timely manner; or for any other circumstances beyond HomeStreet Bank's reasonable control. Funds must be available in your Bill Payer account on the send on date.
You may elect to receive bills within online banking which is known as Bill Presentment. Within the Bill Payer feature, you may request that third party payees (such as credit card companies, utilities or other service providers) send your account bills to you electronically, which you would access within Consumer Online Banking. You may pay these bills electronically via the Bill Payer service or by some other means. Bill Presentment is offered free of charge to all Bill Payer customers.
For questions regarding the Bill Payer service, contact HomeStreet Bank’s Customer Service Center at 800-719-8080 or TTY/TTD at 855-584-0256, between 7:00 a.m. and 7:00 p.m. Pacific Time, Monday through Friday, and on Saturday between 9 a.m. and 4 p.m. Pacific Time, excluding holidays.
Canceling or Changing a Scheduled Bill Payment
The best way to cancel or change a scheduled bill payment is to use the Electronic Bill Payer service. Payments must be changed or canceled electronically prior to 6:00 p.m. Pacific Time on the Business Day the transaction is scheduled to be initiated in order to guarantee the payment is canceled in time. There is no charge for payments that you cancel electronically.
If needed, you may also cancel a bill payment up to three (3) Business Days before the payment is scheduled to be made by calling, visiting, or writing HomeStreet Bank’s Customer Service Center to request a stop payment be placed on the item. If you call, we may also require you to confirm your stop payment order in writing within 14 days after you call. If you choose to place a stop payment on an item, you will be charged a fee for each stop payment order based on the Schedule of Fees in place at that time.
External Funds Transfer Service
The External Funds Transfer Service or the “Service”) is an optional service within HomeStreet Bank’s Consumer Online Banking Services that permits you to transfer funds between your Accounts at HomeStreet Bank and your eligible accounts at another financial institution (“Eligible Accounts”), assuming that the transfer is permitted by your other financial institution and by law. You may only transfer funds between accounts where you are an owner of both accounts and the terms and conditions of the accounts allow deposits and/or withdrawals of the type you are initiating.
Information, Authorization and Representations
By accepting this Consumer Online Banking Agreement, you authorize us to verify your identity by obtaining personal and account information from any financial institution that you register for the Service. We reserve the right to deny you access to the Service if we cannot verify your identity or other necessary information. We may approve or decline your application for the Service based upon our review of your account or personal information.
You represent and warrant that you are who you claim to be; that you are the rightful owner of the Eligible Accounts; and that you are rightfully authorizing us to access such accounts to complete the transfers that are initiated using your user identification and password.
In addition to obtaining personal and account information, HomeStreet Bank and our service provider reserve the right to obtain such additional information as we deem reasonably necessary to ensure that you, or persons to whom you may transfer funds, are not using our Service in violation of law, including, but not limited to, laws and regulations designed to prevent “money laundering” or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations of the Office of Foreign Asset Control (OFAC) of the United States Treasury Department.
Once you are approved for the Service, we may verify your Accounts that you add to the Service from time to time. You authorize us to validate the Accounts through the use of test transfers.
Once the test transfers are complete we will ask you to verify the test transfers.
By using the Service, you represent and warrant to us that you have access to the accounts you are registering for the Service, you authorize HomeStreet to affect small dollar funds transfers for validation purposes, and you assure us that by disclosing and authorizing us to use such information you are not violating any third party rights. You warrant and represent that the information you are providing us with is true, current, correct and complete. You hereby authorize and permit HomeStreet Bank to use information submitted by you to accomplish these purposes and to configure the Service to be compatible with the Accounts.
You authorize us to verify the content and authenticity of any funds transfer instruction for the purposes of security procedures applicable to Accounts. Once HomeStreet Bank has actual knowledge that you wish to cease using the Service and we have a reasonable opportunity to act on such knowledge, you will no longer be able to transfer funds online; provided, however, that any act done by HomeStreet Bank in good faith before it has actual knowledge of termination by you or has had a reasonable opportunity to act on such knowledge shall be deemed to be authorized by you.
You understand and agree that at all times your relationship with each Account provider is independent of HomeStreet Bank and your use of the Service. HomeStreet Bank will not be responsible for losses you suffer due to any act or omissions by any other financial institution.
YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) OUR ACCESS TO THE ACCOUNTS; (2) OUR DEBIT AND/OR CREDIT OR INABILITY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR FUNDS TRANSFER INSTRUCTIONS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE
INFORMATION RETRIEVED FROM THE ACCOUNTS; (4) ANY CHARGES IMPOSED BY ANY PROVIDER OF ACCOUNTS AND (5) ANY FUNDS TRANSFER LIMITATIONS SET BY THE FINANCIAL INSTITUTIONS OR OTHER PROVIDERS OF THE ACCOUNTS.
Not all types of accounts are eligible to receive or originate funds transfers. Be sure to check with your financial institution for restrictions regarding transfers among your retirement (401k, IRA, etc.), savings, trusts, loans, custodial, business, corporate and other account types. HomeStreet Bank is not responsible for any costs or losses incurred from fund transfers that are not permitted under such restrictions by the provider of your Eligible Accounts or those imposed by applicable law. Timing of Requests
When you request a funds transfer from another financial institution to an account at HomeStreet Bank using the External Funds Transfer service, the funds will be available on the 2nd business day following the effective date of the request. For accounts opened less than 30 days, the funds will be available on the 3rd business day following the effective date of the request.
When you request a funds transfer to be sent from an account at HomeStreet Bank to another financial institution using the External Funds Transfer service, the funds will be withdrawn from your HomeStreet Bank account on the effective date of the request. Frequency and Dollar Amount of Transfers
We do not limit the number of funds transfers you may make; however, you may not make funds transfers in excess of the number of funds transfers allowed by the rules governing the applicable accounts.
The daily limit of the amount you are allowed to transfer is $5,000 in debits and $5,000 in credits. The aggregate monthly limit of the amount you are allowed to transfer is $10,000. We reserve the right to change from time to time the dollar amount of funds transfers you are permitted to make using our Service. Without limiting the foregoing, in the event that your use of the Service has been suspended and reinstated as provided herein (see “Suspension and Reinstatement of External Funds Transfer Service” below), you understand and agree that your use of the Service thereafter may be subject to lower dollar amount limitations than would otherwise be permitted by us.
We may from time to time for security and risk management reasons modify the limit, the frequency and/or the dollar amount of transfers you can make using our Service, and will inform you of any changes. Authorization and Means of Transfers
You authorize us to select any means to execute your funds transfer instructions. You understand that your funds transfer requests are carried out by HomeStreet Bank using the Automated Clearing House (ACH), in accordance with applicable ACH Rules. You agree to be bound by the rules and regulations that govern the applicable funds transfer systems, such as the automated clearing house (ACH) as published by the National Automated Clearinghouse Association (NACHA). If the debit side fails or is returned for any reason and the credit side has been released and cannot be collected, you authorize us to collect from the Account to which the credit side of the funds transfer was sent. To effect this collection, you understand and authorize us to debit the credited Account or the debited Account in either the same dollar amount as the original funds transfer or a portion of the debit. There may be a fee associated with such collection imposed by the financial institution holding the Account.
In the event that a debit to any of your Accounts, or any portion of any such debit, has failed and the credit side of such transaction has been released and cannot be collected, and we are unable to debit either the debited or the credited Account as set forth above, we reserve the right, and you hereby authorize us, to debit any of your other Accounts to the extent necessary to offset any resulting deficiency. We do not undertake to notify you in such event, other than by posting any such transfer or transfers to the applicable Account in accordance with this Agreement (see “Documentation,” below).
You understand that it is your responsibility to ensure that you have available funds in the debit account at the time you initiate a transfer from that account. You further understand that if a funds transfer overdraws your account that HomeStreet Bank, at its sole discretion will either pay or return the item and debit your account the current, corresponding fee for that service.
You understand and agree that in the event we are unable to execute your funds transfer request utilizing the ACH, we may utilize other established payment mechanisms in order to complete your funds transfer instructions, such as wire transfer or check. Rejection of Transfers
We reserve the right to decline to affect any funds transfer, to submit funds transfer instructions or orders or to carry out change or cancellation requests. Discontinuation, Suspension and Reinstatement of Funds Transfer Service
We may modify or discontinue the Service or your account with us, with or without notice, without liability to you, any other user or any third party. We reserve the right, subject to applicable law, to terminate your account and your right to use the Service at any time and for any reason, including without limitation if we, in our sole judgment, believe you have engaged in conduct or activities that violate any of the Terms or the rights of HomeStreet Bank and/or our service provider, or if you provide us with false or misleading information or interfere with other users or the administration of the Services.
In the event that we at any time incur a problem with your use of the Service, including without limitation a fail in attempting to debit any of your accounts or to collect with respect to any of your funds transfers as described above, and without limiting any other right or remedy that we may have under this Agreement or otherwise, we reserve the right to suspend your right to use the Service, immediately and without prior notice to you. You understand and agree that such action is reasonable for us to take in order to protect itself from loss. In the event of such suspension, you may request reinstatement of your service by contacting us using any of the methods provided for under this Agreement (see “Error Reporting and Claims,” below). We reserve the right in its sole discretion to grant or deny reinstatement of your use of the Service. In the event we agree to reinstate you, we reserve the right to, and ordinarily will, initially reinstate your Service subject to lower per-transaction and monthly dollar limits and/or with other restrictions than otherwise might be available to you. Based upon your subsequent usage of the Service, HomeStreet Bank, at our sole discretion may thereafter restore your ability to effect transfers subject to such higher limits as may then be in effect (see “Frequency and Dollar Amount of Transfers,” above). Documentation
You may access a statement of all funds transfers effected or pending at any time by reviewing External Funds Transfer Activity from within the Services. Deviating from Security Procedures
No Unlawful or Prohibited Use
As a condition of using the Service, you warrant to us that you will not use the Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You further warrant and represent that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.
You agree to allow us to authorize any financial institution at which you have an account to accept funds and transfer instructions in accordance with any authorization procedures as may be agreed from time to time between you and such financial institution, or between us, on your behalf, and such financial institution, without verifying the instructions under the established security procedures, regardless of whether such security procedures were agreed by you directly or by us on your behalf. In addition you agree that we may authorize such financial institutions to charge and debit your accounts based solely on these communications. Account Number Policy
If funds transfer instructions identify a bank by name and account number, the relevant financial institution may execute those instructions by reference to the number only, even if the number does not correspond to the name. You understand that such financial institutions may not investigate discrepancies between names and numbers. In addition, you agree that we have no responsibility to investigate discrepancies between names and numbers. Joint Account Holder
In submitting your application for the External Funds Transfer Service, you confirm that, if any of your Accounts is a joint account, your joint account holder has consented for you to use your Accounts for the Service. We will end your use of the Service if any joint account holder notifies us that (i) they never consented to your use of our External Funds Transfer Service, (ii) the joint account can no longer be operated on your instructions alone, or (iii) they are withdrawing consent for you to operate the joint account.
FEES FOR ONLINE BILL PAYER, AND EXTERNAL FUNDS TRANSFER
HomeStreet Bank offers the benefits and convenience of accessing both Online Banking and Bill Payer services to customers free of charge. Transactions made using Online Banking or Bill Payer and your accounts at HomeStreet Bank will, however, be subject to other monthly service fees or per transaction fees that apply to your accounts as disclosed to you in the information you received when you opened your account or as may have been updated since that time. For a current Schedule of Fees, please call 800-719-8080 or TTY/TTD at 855-584-0256 or visit your branch.
Liability for Unauthorized Transfers
If you think your password has been lost or stolen, or that someone has transferred money from your account without your permission, immediately change your password and call HomeStreet Bank. Phoning the bank is the best way to minimize your losses. If you notify us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone uses your password without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your password, and we establish that we could have stopped someone accessing your account without your permission if you had told us, you could lose as much as $500.
If your statement or receipt shows transfers, withdrawals, or purchases that you did not make or authorize, notify HomeStreet Bank immediately. If you do not notify us within 60 days after the statement is sent to you, you may not recover any money lost after the 60 days if we can establish that we could have stopped someone from taking the money if you had notified us in time. If extenuating circumstances delayed you from contacting the Bank, these time periods will be extended for a reasonable period.
Questions regarding unauthorized transfers or errors can be directed to your branch or the Customer Service Center at the number listed on the last page of this Agreement.
Errors or Questions about Electronic Transfers
Telephone or write to us immediately at the phone number or address shown on the last page of this Agreement, if you think your statement or receipt is incorrect, or if you need more information about a transfer shown on the statement or receipt. We must hear from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared.
Notification should include the following:
• Your name and account number;
• A description of the error or the transfer you are unsure about, and a clear explanation as to why you believe it is an error, or why you need more information; and
• The dollar amount of the suspected error and date on which it occurred. If you notify us verbally, we will require you to send us your complaint or question in writing within 10 business days to the Corporate Headquarters address shown on the last page of this agreement.
We will determine whether an error occurred within 10 business days after we hear from you (20 business days for new accounts*) and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days for point-of-sale transactions, foreign transactions, and transactions on new accounts*) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days for new accounts*) for the amount you think is in error, so that you will have 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 within 10 business days, we may not credit your account.
We will tell you the results of our investigation within three (3) business days after completing it. 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 provisional credit was made and we decide no error was made, we will reverse the provisional credit and notify you.
*An account is considered new if the electronic transfer occurs within the first 30 days after the account is opened.
LIMITATION OF LIABILITY
Our Liability for Failure to Make a Transfer
If we do not properly complete a bill payment, or internal or external transfer to or from your account on time, or in the correct amount according to our agreement with you (and your instructions to us, if applicable), we will only be liable for your losses or damages to the extent required by applicable statute or regulation. For example, we will not be liable to you if we fail to complete a transaction on your behalf due to the following:
- If, through no fault of ours, you do not have enough collected funds in your account.
- If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure, actions or inactions of any third party service provider) make it not possible to complete the transaction or provide the Services, despite our reasonable precautions.
- If there is a hold on your account, if access to your account is blocked, or if your account is subject to a levy, garnishment, encumbrance, or other legal process.
- If you know or should have known that someone has accessed your accounts without your permission and you fail to notify us immediately.
- If you have not followed the scheduling or other instructions included in this Agreement or that we have otherwise provided to you on how to make a transfer or complete a transaction.
- If we have received incomplete or inaccurate information from you or a third party involving the account, transaction, or recipient.
- 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 Agreement, or any other agreement with us, or if we or you terminate this Agreement.
- There may be other exceptions stated in this Agreement, in other agreements with you, or based on the facts and circumstances of the failure.
Liability for Unauthorized Transactions
You agree that, except as expressly set forth in this Agreement or as required by applicable law or regulation, we will not be liable for any unauthorized transactions initiated or processed by someone using your User ID or Password. Please refer to the instructions/rules in this Agreement for notifying us if you suspect or have knowledge of unauthorized activity or transactions involving your accounts or the Services.
Disclaimer and Limitation of Liability
EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN THIS AGREEMENT OR IN APPLICABLE STATUTE OR REGULATION, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY HOMESTREET BANK OR ITS EMPLOYEES WILL CREATE ANY WARRANTY. CUSTOMER ASSUMES RESPONSIBILITY FOR USE OF THE SERVICES AND THE INTERNET AND ACCESSES THE SAME AT ITS OWN RISK. HOMESTREET BANK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS OR REVENUES RELATING TO THE SERVICES OR THIS AGREEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW OR REGULATION, FOR ANY DAMAGES NOT LIMITED BY THE PRECEDING SENTENCE, YOUR EXCLUSIVE REMEDIES WILL BE LIMITED TO THOSE PROVIDED EXPRESSLY IN APPLICABLE STATUTE OR REGULATION AND ANY LATE FEES IMPOSED ON YOU BY A THIRD PARTY, BUT ONLY TO THE EXTENT THAT SUCH LATE FEE IS IMPOSED SOLELY DUE TO OUR FAILURE TO COMPLETE THE TRANSACTION.
We will assist you with reasonable efforts in taking appropriate corrective action to re-process the transactions that may not have been completed, or to correct incorrect transactions that have been processed.
OTHER RIGHTS AND TERMS
Disclosure of Information to Third Parties
Right to Receive Documentation of Transfers
Pre-authorized Credits: If you have arranged to have a direct deposit made to your account at least once every 60 days from the same person or company, you may verify our receipt of that direct deposit by accessing your account through the Electronic Banking service, or by contacting HomeStreet Bank’s Customer Service Center at the numbers listed on the last page of this Agreement.
Statements: You will receive a monthly account statement describing any electronic funds transfer (EFT) transactions, including Electronic Banking transactions, ATM and Point of Sale (POS) transactions.
Rights to Stop Payment; Procedures
Stop Payment on Bill Payment: You may place a stop payment on a bill payment that you initiated through the electronic services by contacting HomeStreet Bank at the numbers listed at the end of this Agreement. Your account will be charged a fee for each stop payment order based on the Schedule of Fees in place at that time; the fee will be charged on or around the 10th of the month following the day the stop payment was placed.
Stop Payment Orders on Checks: You may place a stop payment on a check previously written by submitting a stop payment request through the electronic banking services. Your account will be charged a fee for each stop payment order based on the Schedule of Fees in place at that time.
Stop payment orders will be in effect for a period of six months. After six months, any stop payment will terminate and must be renewed in order to continue in effect. HomeStreet Bank may pay any item that is presented following the lapse of any stop payment order, and HomeStreet is not obligated to notify you when the stop payment expires.
Inactivity and Termination
HomeStreet Bank may terminate your Online Banking Services (including the Bill Payer and External Funds Transfer service) without notice to you if you do not comply with this Agreement or other agreements governing your accounts or if we have reason to believe that there has been unauthorized activity using the Services. Your Services may also be terminated without notice if your accounts are not maintained in good standing, or if you do not pay any applicable fees required by this and other agreements. We will provide you notice of termination within 10 Business Days after the termination.
If you do not sign on to HomeStreet’s Online service to access your accounts, or do not schedule a payment through HomeStreet’s Bill Payer service for any consecutive three month period, we reserve the right to cancel your Service(s). We will promptly notify you by email before we cancel your use of the Service(s) for this reason, or for any other reason not mentioned in the previous paragraph.
If you wish to cancel the Electronic Banking and/or Bill Payer service, you must notify HomeStreet Bank electronically and provide your name, address, the service you are discontinuing and the effective date to stop the service. When Bill Payer or Funds Transfer is terminated, any outstanding bill payments or funds transfers made through Electronic Banking will also be terminated.
HomeStreet Bank reserves the right to terminate the Services, for any reason or for no reason; where possible, we will provide prior notice to you
Contacting HomeStreet Bank
If you have questions about your account or about the Services provided, or regarding unauthorized transfers or errors, you may contact your nearest branch or the Customer Service Center at the address and phone number listed below.
If you think there have been unauthorized transactions against your account, please refer to the Unauthorized Transfers and the Errors or Questions sections in this Agreement for specific information regarding your rights and responsibilities.
You may notify us by one of the following methods:
• Send an email to email@example.com
• Call our Customer Service Center at 800-719-8080 or TTY/TTD 855-584-0256 between 7:00 a.m. and 7:00 p.m. Pacific Time, Monday through Friday, and on Saturday between 9 a.m. and 4 p.m. Pacific Time, excluding holidays.
• Write a letter and either send it to the following address or deliver it to a bank employee at any HomeStreet Bank location:
Customer Service Center
601 Union St, Ste 2000
Seattle WA 98101-2326
You agree to indemnify, defend and hold harmless HomeStreet Bank, its affiliates, partners, officers, directors, employees, consultants, service providers and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney’s fees) arising from your use of the Consumer Electronic Banking Services, our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement, your violation of the Terms or your infringement, or infringement by any other user of your HomeStreet Bank account, of any intellectual property or other right of any person or entity.
This Agreement is governed by the laws of the state where the branch servicing your account(s) is located, and by applicable federal law.
Dispute Resolution; Legal Actions; Costs; Waivers
Any disputes arising from or involving the Services, Electronic Banking, this Agreement, or any other matter related to the Services or your accounts at HomeStreet Bank shall be resolved in accordance with the provisions of the Deposit Agreement.
No Third Party Beneficiaries
There are no third party beneficiaries under this Agreement.