Terms and Conditions
Holmes County Bank and Trust Company
Online Information Sheet, Disclosures, and Access Agreement
Welcome to the internet banking service of Holmes County Bank & Trust Company.
This Online PC Banking Agreement and Disclosure (the "Agreement") discusses how you
can use the internet banking service of Holmes County Bank & Trust Company (the "Service")
to obtain information about your accounts,
to transfer funds between your accounts, and to request certain other bank services.
It also contains the terms and conditions governing the Service.
If you have previously registered, this version of the Agreement replaces
the agreement that you had with us. If you continue to use the Service, you are bound by
Under this updated Agreement, corporate customers can use the Service to transfer funds
between their Main Bank accounts. (Commercial customers can use the Service to transfer
funds between their accounts if they have the appropriate agreement on file. See
Registration -- Business Accounts, below.) IF YOU ARE A CORPORATE CUSTOMER AND DO NOT
WISH TO HAVE THE ABILITY TO TRANSFER FUNDS BETWEEN ACCOUNTS USING ONLINE Service, PLEASE
CALL US AT (662) 834-2311, AND WE WILL REMOVE THAT FUNCTION FROM YOUR SERVICE.
If you use the Service, you thereby indicate your consent to these terms. You may
print a copy of this Agreement for your records now, or you can refer to this document
in the Other Services section later at your convenience.
SECURITY & PROTECTING YOUR ACCOUNT
Holmes County Bank is strongly committed to protecting the security and confidentiality of
our customer account information. Holmes County Bank uses state-of-the-art technology
in the ongoing development of its Online PC Banking service to ensure this security. We use several
different methods to protect your account information:
* You can only access the Online Service with certain browsers that have a high security
* Your account numbers are not displayed in full - only the last 4 digits can be viewed.
* You must have a valid Access ID and Password to logon.
* If no action is taken for 15 minutes, you will be automatically logged off the Service.
* Not to give out your identifying information such as your PC Password to any other
person. The Bank may rely on your Access ID to identify you when providing banking
services to you.
* Never to leave your account information displayed in an area accessible by others.
* Never to leave your PC unattended while using the Service.
* To always exit the system by clicking on EXIT after using the Service.
* To notify Holmes County Bank immediately at (662) 834-2311 if you suspect
that your Access ID or Password has become known to any unauthorized person.
ONLINE E-MAIL COMMUNICATIONS
Electronic messages sent and received via the "Contact Us" option in the Service
(i.e., once your Access ID and Password have been accepted and your
browser shows that a secure connection has been established) are secure. Communications
sent over the public Internet are not necessarily secure. Therefore, we will not send,
and we strongly suggest that you do not send, any confidential account information
unless using the electronic communication options provided in our Customer Service
section. You agree that we may take a reasonable time to act on any e-mail. Correspondence
that requires expeditious handling -- for example, if you need to report an unauthorized
transaction from one of your accounts, or if you need to immediately stop payment on a
check you have issued, should be made by calling the Bank.
You agree that Holmes County Bank may send you electronic messages about other products or services
Business Accounts. Business account customers must first contact the
Bank and enroll in PC Banking Services. For more information, see the
Access ID Agreement and Disclosure that you will obtain when you receive your Access
Identifier Enrollment Form. If your business has previously received an Access ID, your
representative may enter it to register for the Service.
Accounts you want to link to an Access ID, and what activity level each account linked
to your Access ID will have. There are some limits on the accounts that can be linked to
your Access ID. The person you appoint as your Access ID Administrator will decide which
of your accounts to link to each Access ID and what activity level is appropriate for
each account linked to the Access ID.
Activity Levels for Accounts Linked to Your Access ID. There are different activity
levels that can be assigned to an Access ID. All available accounts will have at least
the Account Summary level. Only checking, money market deposit accounts, and loan accounts may also
have the second activity level. At the present time, the activity levels are:
(1) Account Inquiry: This activity level will allow you to obtain current account balance
and transaction information for the previous 90 days. This activity level does not include
(1) Transferring Funds: This activity level allows you to obtain account information, to
transfer funds between accounts linked to the Access ID, and to obtain certain other
banking services. Each checking, money market, and loan account linked to
your Access ID will have this activity level, unless you choose otherwise.
FUNDS TRANSFER SERVICE
If you are a consumer, and you have an Access ID and Password from us, you will be able
to transfer funds between your Holmes County Bank accounts. If you do not want to have the ability to
funds transfer between accounts, or if you want to restrict the
accounts from which you can transfer funds using your Access ID and Password, call us
at (662) 834-2311, and we will make the necessary adjustments to this service for you.
Commercial customers must have an Access ID linked to account with at least a Funds
Transfer activity level to be able to transfer funds between accounts.
The terms that apply to the Funds Transfer Service are set forth more fully below.
ONLINE PC Banking FUNDS TRANSFER PROVISIONS
You can make immediate transfers between your deposit accounts (and between your deposit accounts and
your Money Market Account)
over the Internet. All such transfers are subject to the terms of these Online PC Banking
Funds Transfer Provisions (the "Transfer Provisions").
You can also use the Service to transfer funds between certain line of credit accounts
and your deposit accounts. Transfers are not permitted from one line of credit account
to another line of credit account.
By using the Funds Transfer Service (the "Service"), you agree to these Transfer Provisions.
1. General Information.
a. Meaning Of Terms. As used in the Transfer Provisions, the following words have the
meanings given below.
"You" and "your(s)" refer to each person (including any business) who applies to use the
Service, and each person who uses the Service with the permission of an applicant.
"Business" means any corporation, partnership, limited liability company, sole proprietorship
or any other type of entity maintaining a deposit account for commercial purposes.
"We," "us," "our(s)," "Holmes County Bank," or "Bank" refer to the Holmes County Bank
& Trust Company depository institution that holds an account that is accessed by the Service.
"Business Day" means Monday through Friday, except banking holidays.
b. Which Sections of These Provisions Apply to Consumer and Business Customers.
Exclusion. When using the Service in connection with accounts established primarily for
personal, family, or household purposes ("consumer" or "personal" accounts), Sections 1,
2, and 3, (but not Section 4) of these Transfer Provisions apply to you. When using the
Service in connection with accounts established primarily for business purposes, Sections
1, 2, and 4 of these Transfer Provisions (but not Section 3) apply to you.
c. Authorization To Charge Accounts. You are responsible for all transfers you or your
authorized representative make using the Service. You authorize us to debit your
designated account(s) for any transactions accomplished through the use of the Service
(including the transfer of funds from another deposit account or overdraft line of
credit that provides overdraft protection, if you have one of those services in effect).
You agree that we may comply with transfer instructions entered by any one person using
an authorized Access ID and Password, notwithstanding any provision that may be contained
in other account documentation purporting to require more than one signature to withdraw
funds from the account.
If you permit another person to use the Service, or give them your Access ID or
Password, you are responsible for transfers, payments or advances that person makes from
the deposit and credit accounts linked to your Service registration even if that person
exceeds your authorization.
d. Schedule of Fees For the Funds Transfer Service. Fees applicable to the funds transfer
service are disclosed in your account TIS disclosure.
2. Online PC Banking Funds Transfer Service Particulars.
a. Types of Transfers; Posting. You can transfer funds between your Checking and Savings
accounts using the Service, and between your deposit accounts and your Money Market
b. Limits On Transactions. There is a maximum dollar limit on any transfer equal to
the available balance in your account plus the available balance or credit balance in
any other account or line of credit attached to the deposit account to provide overdraft
c. Availability. Funds must be available in the account from which you wish to transfer
funds on the date you enter the transaction.
d. Restrictions on Transfers from Savings and Money Market Accounts. Under Federal Reserve
Board Regulation D, you may make an unlimited number of deposits or transfers into a savings
or money market account; however, you may make no more than six transfers or withdrawals
out of such an account per monthly statement cycle (not counting transactions made at ATMs
or at banking centers). Transfers made by telephone, personal computer or funds automatically
transferred from a savings or money market account to another deposit account for overdraft
protection are counted toward the six total permitted monthly transfers or withdrawals. If
you exceed the restrictions more than three times during a 12-month period, we will close
the savings or money market account and transfer the funds to a checking account. Please see
your account TIS disclosure for applicable fees.
e. Insufficient Funds to Complete Transfer. If your account does not have sufficient funds
to complete a transfer as of the date the transfer is scheduled to be made, the transfer
may not be completed, but if we do complete the transfer as an accommodation to you, you
are responsible for any overdraft created.
f. Correcting or Canceling Your Transfer. You cannot cancel your transfer after it has been
entered in the Service and the information transmitted to us. You can correct information
about a transfer before you send us the information, and you can use the Service to
reverse a transaction after it has been entered.
g. Documentation and Verification of Transfers. The date and amount of transfers made
through the Service will be shown on the Transaction History screen,
and will also be shown on your printed statements for the accounts from which and to which
the transfer is made.
h. Address and Telephone Number For Notification Of Unauthorized Use. If you believe your
Access ID or password has become known by an unauthorized person, or that someone has
transferred money without your permission, call Holmes County Bank immediately at:
or write to: Holmes County Bank, P.O. Box 642, Lexington, MS 39095. If you suggest that an
unauthorized transfer may have occurred, we may require you to sign an affidavit.
Also contact us with any other questions or problems that you may have regarding the
* You have a problem with a transfer you authorized, or your statement reflects a transfer
you think is in error.
* You need to obtain documentation concerning a transfer previously issued from your
account. (There may be a fee for these requests, as disclosed in the Schedule of Fees
at the end of this Agreement).
i. Disclosure of Account Information. We may disclose information to third parties
about your account or the payments or transfers you make:
* When necessary for verifying or completing payments or transfers, or to resolve a
problem related to a payment or transfer;
* To verify the existence and status of your account for a third party such as a
* If you give us your written (including electronic message) permission; or
* As otherwise permitted or required in the Bank's Deposit Agreement and Disclosures
or other applicable agreements, or by law or government regulations.
3. Additional Provisions Applicable Only to Business Accounts.
When you transfer funds using the Service in connection with business accounts,
the information in this Section 4 applies to you.
a. Enrollment Form and Certification of Authority. Before using the Service, you must
execute and deliver to us an Access Identifier Enrollment Form, which includes a
Certification of Authority. This enrollment form is incorporated by reference as
part of this Agreement. Only a person whose Access ID has a "Financial Transaction"
or "Bill Payment" activity level may sign up for the Bank's Funds Transfer
b. Protecting Your Access ID and Password. You agree that we may send confidential
mailings, including Access ID and Password confirmations, to the current address shown
in our records for your primary checking account, whether or not that address includes
a designation for delivery to the attention of any particular individual; and you
further agree that the Bank will not be responsible or liable to you in any way in
the event that such properly addressed information is intercepted by an unauthorized
person, either in transit or at your place of business.
You agree to: (1) keep your Access ID and Password secure and strictly confidential,
providing them only to authorized signers on your account(s) or other trusted employees,
agents, etc. who you want to act as your representative to access your account(s); (2)
instruct each person to whom you give your Access ID and Password that he or she is not to
disclose them to any unauthorized person; and (3) immediately notify us and select a new Access
ID and Password if you believe your confidential codes may have become known to an unauthorized person.
The Bank shall have no liability to you for any unauthorized payment or transfer made
using your Access ID and Password that occurs before you have notified us of possible
unauthorized use and we have had a reasonable opportunity to act on that notice. We
reserve the right to suspend or cancel your Access ID and password, even without
receiving such notice from you, if we suspect they are being used in an unauthorized
or fraudulent manner.
c. Your Obligation to Examine Records And Report Discrepancies. The Bank provides no
separate written confirmation of individual payments or transfers. Confirmation is
provided through online information available from the Service and through your periodic
mailed account statements. You agree to examine your statement promptly and to notify
us immediately of any discrepancy between the statement and your other account records.
You also agree to notify us immediately of any discrepancy you may find in reviewing
online information. In no event shall the Bank be liable for interest compensation as
described below, unless we are notified of a discrepancy within 30 days from the date
of your first statement reflecting the discrepancy.
d. Acknowledgment of Commercially Reasonable Security Procedures. By using the Service,
you acknowledge and agree that this Agreement sets forth security procedures for
electronic banking transactions which are commercially reasonable. You agree to be
bound by any instructions, whether authorized or unauthorized, which we implement
in compliance with these procedures, unless you have given us prior notice of possible
unauthorized use as described above (and we have had a reasonable opportunity to act
on such notice).
e. Limitation of Bank's Liability. If we fail or delay in making a payment or transfer
pursuant to your instructions, or if we make a payment or transfer in an erroneous
amount which is less than the amount per your instructions, unless otherwise required
by law our liability shall be limited to interest on the amount which we failed to
timely pay or transfer, calculated from the date on which the payment or transfer was
to be made until the date it was actually made or you canceled the instructions. We
may pay such interest either to you or the intended recipient of the payment or transfer,
but in no event shall we be liable to both parties, and our payment to either party
shall fully discharge any obligation to the other. If we make a payment or transfer
in an erroneous amount which exceeds the amount per your instructions, or if we permit
an unauthorized payment or transfer after we have had a reasonable time to act on a
notice from you of possible unauthorized use as described above, unless otherwise
required by law our liability shall be limited to a refund of the amount erroneously
paid or transferred, plus interest thereon from the date of the payment or transfer
to the date of the refund, but in no event to exceed 60 days' interest. If we become
liable to you for interest compensation under this Agreement or applicable law, such
interest shall be calculated based on the average federal funds rate at the Federal
Reserve Bank in the district where the Bank is headquartered for each day interest
is due, computed on the basis of a 360-day year.
Unless otherwise required by law, in no event will the Bank be liable to you for
special, indirect or consequential damages including, without limitation, lost profits
or attorneys' fees, even if we are advised in advance of the possibility of such damages.
MISCELLANEOUS PROVISIONS RELATED AGREEMENTS
Your Holmes County Bank accounts accessed by the Service continue to be governed by the
following agreements and documents, as they are amended from time to time:
(1) Deposit Agreement and Disclosures, (2) the applicable Personal or Business
Schedule of Fees, (3) the applicable Miscellaneous Fees for Personal or Business
Accounts, and, for Money Market Accounts, your Money Market Account Customer
Agreement. If you have overdraft protection that is
accessed by the Service, it continues to be governed by the applicable agreements
you have with the Bank. If any inconsistency exists between such other documentation
and this Agreement, then this Agreement shall control to the extent of the inconsistency.
OUR ABILITY TO TERMINATE SERVICES
You are responsible for complying with all the terms of this Agreement and with the
terms of the agreements governing the accounts to or from which transfers are made
using the Service. We can terminate your electronic banking privileges under this
Agreement without notice to you if you do not pay any fee when due, or if you do
not comply with any agreement governing your accounts, or if any such account is
not maintained in good standing.
We can also terminate the Service if we believe that an actual or potential
unauthorized use of your Access ID, Password or account may be occurring.
The Bank reserves the right to terminate your access to the
Service or any portion of it in its sole discretion, without notice and without
limitation, except as may be required by law.
We can amend this Agreement upon notice to you, which you agree may be sent by
e-mail. Any notice will be effective not later than ten (10) days after we send
the notice (unless a law or regulation requires a longer notice period), whether
or not you have retrieved the notice by that time.
We may, from time to time, introduce new services that are part of the Bank's online service.
We will update this Agreement to notify you of these new services. By using the Service
after those new services become available, you agree to be bound by the terms
contained in the revised agreement.
You agree that the Bank is not responsible for any electronic virus that you may
encounter using the Service. We encourage you to routinely scan your PC and
diskettes using any reliable virus protection product to detect and remove any
viruses found. Undetected or unrepaired, a virus may corrupt and destroy your
programs, files and even your hardware.
Except as specifically provided in this Agreement or where the law requires a
different standard, you agree that Holmes County Bank & Trust company,
nor any of its subsidiaries or affiliates (collectively, "Holmes County Bank")
nor any third party service providers
engaged by the Bank to perform any of the applicable online services
shall be responsible for any damages, loss, property damage or bodily
injury, incurred as a result of your using or attempting to use the Bank's
Online Service, whether caused by the equipment, software, Internet browser
providers such as Netscape (Netscape Navigator browser) or Microsoft (Microsoft
Internet Explorer browser), Internet access providers or on-line service providers
or an agent or subcontractor of any of the foregoing. Nor shall the Bank or any
third party service providers engaged by the Bank be responsible for any direct,
indirect, special or consequential, economic or other damages arising in any way
out of the installation, use or maintenance of the equipment, software,
or Internet browser or access software, or from the unavailability of
the Online Service or for any errors in information provided through that service.
CHARGES AND FEES
Customer Service requests for which you may be charged by the Bank include:
ordering copies of checks, copies of statements or other requests made through
the 'Send a Request' option. These service requests are subject to the Bank's
normal service charges that were disclosed at account opening and in any subsequent
editions of or amendments to your Schedule of Fees brochure. Please refer to the
latest version of your Schedule of Fees & Disclosure document and any applicable
Transfers of funds using the Online Service are free except as follows. If you have
a savings and/or Money Market Account, the number of transactions that you are allowed
during a monthly statement cycle is limited. Transfers through the Online Service are counted,
and if you exceed the total number of authorized transactions for those accounts,
your account will be charged as stated in your TIS disclosure. If a transfer from
a deposit account draws funds from an overdraft line of credit, or you directly
make a transfer from your line of credit, you may be charged a fee for each
as stated in your line of credit agreement.
This Agreement, as it may be amended from time to time, and if you are a business
customer, your Access ID. Agreement and Disclosure and the Access Identifier Enrollment
Form, contain the entire understanding between you and Holmes County Bank concerning the
Bank's Online service, and supersedes any verbal conversations, other communications, and
previous agreements, if any.
YOUR AGREEMENT TO THESE TERMS AND CONDITIONS
Your registration for the Holmes County Bank Online Service confirms (1) your agreement to
be bound by all the terms and conditions of this Agreement; and (2) your acknowledgment
that you received and understand the terms of this Agreement.