Davis Trust Company
Online Banking Agreement Terms and Conditions
This online agreement and disclosure provides information about how you can bank online with Davis Trust Company. Davis Trust Company’s Online Banking service allows you to do much of your banking from any PC with Internet access, whenever and wherever you find it convenient.
This agreement contains terms and conditions that constitute an agreement regarding your participation in Davis Trust Company’s Online Banking service. BY USING THE ONLINE BANKING SERVICE YOU AGREE TO THESE TERMS AND CONDITIONS, INCLUDING THE LIMITATIONS ON DAVIS TRUST COMPANY’S LIABILITY AND THE RESPONSIBILITIES IMPOSED UPON YOU. Throughout this agreement "you" and "your" refer to any authorized signer on the account whether it be an account for personal or business purposes. "We", "us", "our", and "Bank" refer to Davis Trust Company.
Security and Protecting your Account
The security and confidentiality of our client's account information is very important. Protection of that information is jointly shared between you and the Bank. We employ several methods to protect your account information:
Use of Davis Trust Company’s Online Banking service requires the use of a valid Customer Number and Password before you can gain access to your account information.
The Bank encourages you to use and supports various web browser encryption methods. The level of encryption is determined by your Internet Service Provider and is not part of the Bank's Online Banking service software. To find out what level of encryption your browser supports, click on the HELP button at the top of your browser and scroll down to "About (Browser Name}." The encryption level may be called cipher strength or refer to cryptography. If you are still unsure of the encryption level, or want to change your encryption level, contact your Internet Service Provider.
If, while accessing online services, you take no action for 30 minutes (default) the Bank will automatically terminate the online session. You have the ability to change this default setting.
All transactions conducted using the Bank's Online Banking Service will be detailed on your next periodic statement.
YOU ALSO SHARE IN THE RESPONSIBILITY OF PROTECTING YOUR ACCOUNT INFORMATION. As a Davis Trust Company Online Banking Service user you are expected to:
MAINTAIN AND SECURE YOUR CUSTOMER NUMBER AND PASSWORD. Do not share your password with any person who is not an authorized signer on your account. Davis Trust Company will rely on your customer number and password to identify you and to execute banking instructions received through its Online Banking service software.
BE WARY OF LEAVING ACCOUNT INFORMATION VISIBLE TO UNAUTHORIZED PERSONS.
Do not leave your account information displayed where it is accessible to others.
ALWAYS PROPERLY SIGN OFF THE SYSTEM AFTER COMPLETING YOUR ONLINE BANKING SESSION.
CONTACT US IMMEDIATELY IF YOU SUSPECT AN UNAUTHORIZED PERSON HAS KNOWLEDGE OF YOUR ONLINE PASSWORD, OR IF YOU THINK YOUR ACCOUNT HAS BEEN COMPROMISED IN ANY OTHER MANNER (SEE "YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS"). Telephoning is the best way to minimize losses, however at your option, E-mail or write us at Davis Trust Company. Telephone: (304) 636-0991. Mail: Online Banking Services, P.O. Box 1429, Elkins, WV 26241-1429.
Davis Trust Company’s Personal Online Banking service is easy to use. However, we require certain information to establish your online capabilities. When you complete our online registration some of the information we will request is as follows:
Your Social Security Number or taxpayer identification number for businesses
Your e-mail address
Your Davis Trust Company account number(s) you would like to access on line
User Name and Password
Your User Name for login purposes is an Alternate ID Code that is linked to your social security number or Tax ID. You will need to choose a User Name and Password as part of the registration process. Your identity is authenticated through your User Name and Password. YOU ARE SHOULD CHANGE YOUR PASSWORD IF YOU FEEL YOUR PASSWORD MAY HAVE BEEN COMPROMISED. Personal accounts and Business accounts may not be accessed using the same User Name and Password. You may access most personal accounts on which you are an authorized signer under the User Name and Password. Using a separate User Name and Password you may access certain business accounts that have a common taxpayer identification number and on which you are an authorized signer.
We regret that some accounts are not eligible for Online Banking service. Dormant and inactive accounts as well as accounts requiring more than one signature for withdrawal cannot be accommodated.
Personal Online Banking and Bill Pay
Davis Trust Company’s Personal Online Banking access is a free service to personal banking customers. Davis Trust Company’s optional Personal Online Bill Pay is also a free service for our personal banking customers after an online banking relationship has been established.
Small Business Online Banking
A monthly fee of $2.00 per accessed account may be charged for businesses using our Small Business Online Banking Service. Charging of the fee will be determined on a case-by-case basis depending on the overall banking relationship.
Business Bill Pay
Davis Trust Company’s Business Bill Pay service has a monthly fee of $5.95, which includes payment of up to 12 bills and then $0.40 for each additional may be charged for businesses using our online Small Business Bill Pay Service. Charging of this fee will be determined on a case-by-case basis depending on the overall banking relationship.
Business Online Cash Management
Davis Trust Company offers online cash management. This advanced package offers the following features: online balance reporting, detailed daily activity statements, transfer funds between accounts, initiate stop payments requests, initiate out-going wire transfer requests, export payroll disbursements to the Bank and sweep and consolidate your account balances. Please contact the bank for additional information and costs for this service.
If we decide to make any additional charges or increase the current charges in the future for any Online Banking service, we will notify affected customers at least 30 days before the effective date of the change.
The Bank's Online Banking service accommodates transfers between any Davis Trust Company checking and savings account(s) (excluding Certificates of Deposits and IRA Accounts) that you have successfully enrolled online. The maximum amount you can transfer is equal to the available balance in your account, including funds available in a line of credit or an overdraft line of credit associated with a checking account. You are responsible for payment of advances on your credit line or overdraft line of credit initiated through online banking services. If your account does not have sufficient funds to complete a transfer on the date(s) you have told us to transfer funds, the transfer may not be completed, but if we do make the transfer as an accommodation to you, you will be responsible for any overdraft that is created. YOU ARE RESPONSIBLE FOR ALL TRANSFERS ORIGINATED WITH THE USE OF YOUR USER NAME AND PASSWORD INCLUDING FUNDS TRANSFERRED BY AN UNAUTHORIZED PERSON AS A RESUL T OF YOUR NEGLIGENCE. All transfers submitted before 3 p.m. Eastern Standard Time are effective the same business day. Transactions submitted after 3 p.m. will be effective the following business day.
You may make unlimited transfers to your savings or money market account, but you may not make more than six transfers or withdrawals (for money market accounts three of the withdrawals may be made by check) out of either account during any one monthly statement cycle. Transfers or withdrawals made by online (personal computer) or funds automatically transferred to another deposit account are counted toward the six permitted transfers or withdrawals. If your transactions exceed the limit we may charge you a fee for each transaction in excess of the maximum legally permitted. If you frequently exceed the maximum number of withdrawals we may close the account or transfer the funds to an account without withdrawal limitations.
Online Bill Pay
With Online Bill Pay, you can pay bills conveniently using any personal computer with Internet access from any enrolled checking account. The deadline for scheduling a payment to be included in the following day’s processing is 4:00 PM EST. If an attempt to schedule a payment occurs after this time the payment will be processed two days later. You can cancel or edit (correct) pending payments up to 12:30 PM EST on the day following the day you initially scheduled the payment.
Your payments will be deducted from your checking account within one to two business days after the process ("Pay Date") date you specify. If your "Pay Date" falls on a weekend or federal holiday, the payment will be processed the next business day. Please allow at least five business days between the "Pay Date" you designate and the due date on your bill for electronic payees and at least seven business days if the payee is paid by check.
Each payment amount will be deducted from your checking account and your monthly statement will provide a description of the transaction, which will serve as your proof of payment.
If you have enrolled in Online Bill Pay and you have told us in advance to make preauthorized payments from your account, any of these payments can be cancelled up to one day before the scheduled payment date.
Your bill payment service will be blocked if, at any time, an item is returned due to insufficient funds.
Upon receipt of a return item, a block is automatically placed on your bill payment account. The block prevents further bill payments from being processed. The block remains in place for 5 business days, or until the return item is paid.
Return items totaling less than $100.00 are automatically re-sent by the Bill Payment Processor.
Regardless of the dollar amount, if the payment was sent electronically, it cannot be stopped. Debits to your account are automatically re-sent up to two additional times.
4. An account that has return items totaling $100.00 or more, and the payment was made by check, is handled as follows:
Bill Payment processor contacts the Bank to verify the availability of funds.
If funds are available, the return item(s) are re-sent.
If funds are not available, the Bill Payment Processor stops payment on the check and written notification is sent to account holder (end user).
Once a payment has been re-sent, the end user’s bill payment account remains blocked for 5 business days. During this time the account is blocked, no payments are processed. Other payments that may have been scheduled during this time period must be rescheduled. On the 5th business day, if no subsequent return items are received, the account is unblocked. For example, if a bill payment account is unblocked on Monday, the end user can have access on Tuesday.
If the Bill Payment Processor is unable to stop payment on the check, or if the payment had been made electronically, a collection letter is sent to the end user requesting payment. The account remains blocked until the return item is paid. No additional payments are processed on the end user’s account during this time.
If applicable, an online bill payment NSF fee of $31.88 will apply for each online bill payment NSF occurrence. Further, a $25.00 stop payment fee will apply for each stop payment request related to the online Bill Payment Service. Please refer to our Bank Fee Schedule for more information.
Davis Trust Company’s Liability for Failure to Make Electronic Transfers
If we do not complete an online transfer or bill payment to or from your account on time or in the correct amount, according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable for instance:
If through no fault of ours, you do not have enough money in your account to make the transfer or bill payment or the funds in your account are not immediately available for completing a transaction;
If the transfer would go over the credit limit on your overdraft line;
If your computer, our computer, the software, or phone line wasn't working properly and you knew about the breakdown when you started the transaction;
. If circumstances beyond our control (such as a fire or flood) prevented the transfer or bill payment, despite reasonable precautions we have taken;
If we have placed a "hold" on funds in your account in accordance with your knowledge or reasonable business procedures; or
If we have received incomplete or inaccurate information from you or from a third party; or
You or we have terminated your Davis Trust Company Online service or closed your account.
There may be other exceptions stated in other agreements we have with you. In addition we reserve the right not to process an electronic funds transfer or bill payment, if we believe we should not do so for security reasons. IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES IN EXCESS OF YOUR ACTUAL LOSS DUE TO OUR FAILURE TO COMPLETE A TRANSFER OR BILL PAYMENT AND WE WILL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Your Liability for Unauthorized Transfers (personal accounts only)
Contact us as soon as possible if you discover an error, meaning any unauthorized, incorrect or erroneous transaction, or if you believe that your accounts were or may be accessed by an unauthorized person, or if you need more information about a transaction listed on your statement or account summary. Identify to us your name, account number, and why you believe that the error exists. Include, to the extent possible, the date, type, and amount of the error. We must hear from you within sixty (60) days after we send the FIRST statement on which the problem appears. YOU MAY NOT GET BACK ANY OF THE MONEY YOU LOST AFTER THE SIXTY (60) DAYS IF WE CAN PROVE WE COULD HAVE STOPPED SOMEONE FROM TAKING THE MONEY IF YOU HAD TOLD US IN TIME. IF A GOOD REASON, SUCH AS A LONG TRIP OR HOSPITAL STAY, PREVENTS YOU FROM TELLING US, WE MAY EXTEND THESE TIME PERIODS BY A REASONABLE TIME.
To contact us:
Davis Trust Company
227 Davis Avenue, P.O. Box 1429
Elkins, WV 26241-1429
In case of errors or questions about your electronic transfers telephone or contact at the phone number or address listed above. If you notify us within two business days after you discover that someone has unauthorized knowledge of your online banking service password or that someone has transferred or may transfer money from you account without your permission, you can lose no more than $50.00 if someone used your online banking service password without your permission. If you do not tell us within two business days after you learn of the loss of your password or that someone has unauthorized knowledge of your password or of the unauthorized use of your password, and we can prove we could have stopped someone from using your online banking service password if you had told us, you could lose as much as much as $500. Business days are Monday through Friday, except federal holidays or state holidays.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will tell you the results of our investigation within 10 business days (20 business days for new accounts) after we hear from you and we will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days for new accounts or point-of sale or foreign initiated transfers) 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 that 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. An account is considered a new account for 30 days after the first deposit is made, if you are a new customer.
If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.
Your Liability for Unauthorized Transfers (Business Accounts Only)
You agree that, if necessary, Davis Trust Company may send confidential information including your User ID to the current address shown in our records for your checking account, whether or not our records include delivery instructions to a particular individual. YOU ALSO AGREE THAT Davis Trust Company WILL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY IN THE EVENT THAT SUCH PROPERLY ADDRESSED INFORMATION IS INTERCEPTED BY AN UNAUTHORIZED PERSON, EITHER IN TRANSIT OR AT YOUR ADDRESS. You agree (1) to keep your User ID and Password secure and confidential, providing them only to authorized signers on your accounts(s), (2) to instruct each person with whom you share your User ID and password that this information is not to be given to any unauthorized person; and (3) to immediately notify us if you believe your User Name and Password have been compromised and select a new Password.
Davis Trust Company SHALL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED PAYMENT OR TRANSFER MADE THAT OCCURS BEFORE YOU HAVE TOLD US OF POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD A REASONABLE TIME TO ACT ON THAT NOTICE. WE RESERVE THE RIGHT TO SUSPEND OR CANCEL YOUR ONLINE ACCESS, EVEN IF YOU HAVE NOTIFIED US OF UNAUTHORIZED ACCESS TO YOUR ACCOUNT (S), IF WE SUSPECT THE ACCOUNT IS BEING USED IN AN UNAUTHORIZED MANNER.
IF WE FAIL OR DELAY IN MAKING A PAYMENT OR TRANSFER IN ACCORDANCE WITH YOUR INSTRUCTIONS OR IF WE MAKE A PAYMENT OR TRANSFER IN AN INCORRECT AMOUNT WHICH IS LESS THAN THE AMOUNT IN YOUR INSTRUCTION TO US, UNLESS OTHERWISE REQUIRED BY LAW, OUR LIABILITY SHALL BE LIMITED TO INTEREST ON THE AMOUNT WHICH WE FAILED TO TIMELY 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. Our payment will be made either to you or to the recipient; in no event will payment be made to both parties. If we make a payment or transfer that exceeds your instruction or if we allow an unauthorized payment or transfer after we have reasonable time to act on a notice from you, 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
UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL WE 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.
Termination of Online Banking or Online Bill Pay Service
Either you or we may terminate your Online Banking service or Online Bill Pay service. Upon termination of your Online Banking service or Online Bill Pay service, all pending payments as of the date of your service termination will be cancelled. If you terminate your Online Banking service or Online Bill Pay service, you must send written notice to Davis Trust Company, Online Banking Services, P.O. Box 1429, Elkins, WV 26241-1429. Termination of service will be effective the first business day following receipt of your written notice. We reserve the right to terminate the Online Banking service and Online Bill Pay service or your enrollment in this service at any time following not less than 10 days' notice to you. We may terminate your Online Banking service and Online Bill Pay service without prior notice to you if (1) we, within our sole discretion, suspect fraud or other illegal activity, or (2) any other reason for which the terms and conditions applicable to your enrolled account(s) permit us to close your enrolled account(s) without prior notice to you.
Other Account Agreements
Use of E-mail
Correspondence through E-mail is an efficient and quick means of reaching the Bank and for the Bank to reach its clients. However, E-mail is not a secure means of communication. YOU ACKNOWLEDGE THE SECURITY LIMITATIONS OF YOUR USE OF E-MAIL TO COMMUNICATE WITH THE BANK AND RELEASE THE BANK OF ANY LIABILITY IN THE EVENT YOUR E-MAIL CORRESPONDENCE IS COMPROMISED.
New Services and Changes to this Agreement
The Bank, from time to time, may introduce new online banking services and/or change the terms and conditions of this Agreement. The Bank reserves the right to change the terms and conditions of this Agreement at any time, which includes the addition, deletion or fees of our Online Banking service. We shall update this Agreement on our website and notify through E-mail or account statement notification of the change. The change will be posted at least 30 days in advance of the effective date of any additional fees for online transactions, or for any stricter limits on the type or amount or frequency of transactions, or any increase in your responsibility for unauthorized transactions, unless an immediate change is necessary to maintain security of the service. By using the Online Banking service after the effective date of the change, you agree to be bound by the revised terms and conditions.
The Bank may assign this Online Banking Agreement to its Holding Company or to any new, existing, or future direct or indirect subsidiary of its Holding Company or of the Bank. The Bank may also assign or delegate certain of its rights and responsibilities under this Online Banking Agreement to independent contractors or third parties.
Except to the extent that Federal law is controlling, your rights, our rights, and the terms and conditions of this Agreement, this Agreement will be governed in all aspects by laws of the State of West Virginia without reference to principles of conflicts of laws. Any action brought in a court concerning this Agreement or the Online Banking service must be brought in a proper court in the County of Randolph, West Virginia.
If a dispute arises out of or relates to this Agreement, or any breach of this Agreement, the parties agree first to try in good faith to resolve the dispute by mediation administered by the American Arbitration Association (MA) under its Commercial Financial Disputes Mediation Rules, before resorting to arbitration. Thereafter, any unresolved controversy or claim arising out of or relating to this Agreement, or any breach of this Agreement, shall be resolved by arbitration administered by the MA in accordance with its then prevailing Commercial Financial Disputes Arbitration Rules. A single arbitrator shall settle the arbitration. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof pursuant to applicable law.
This Arbitration provision shall not apply to any loan or other transaction with Davis Trust Company documented with a promissory note, loan agreement, security agreement, trust deed, mortgage, land sales contract or other written agreement. The arbitrators shall not have the power to order specific performance of any obligation or duty of any party to this Agreement or to issue injunctions in connection therewith or otherwise.
Arbitrators appointed by the MA shall be appointed from the National Roster for Commercial Financial Disputes as provided in the Rules unless otherwise mutually agreed to by the parties. Mediators shall be appointed, with consent by the parties, from the National Panel of Mediators, when practicable, but otherwise by the MA with consent of the parties.
By using the Online Banking service you are agreeing to Davis Trust Company’s Online Banking Terms and Conditions and you are agreeing to accept delivery of the Terms and Conditions electronically. If you desire you may obtain an additional copy of the Terms and Conditions by visiting our Davis Trust Company office or telephoning us at (304) 636-0991.