Online Banking & Bill Payment Service Agreement
As a feature of your Westbury Bank Account(s), Westbury Bank ("Bank", "we" or "us") offers an Online Banking Service, which provides Internet access to your Account(s), as well as a Bill Payment Service ("Services"). This Agreement governs your use of the Services. Please read the Agreement carefully and keep it for your records. By requesting and using one of the Services, you have agreed to comply with the terms and conditions of this Agreement. The Bank also agrees to the terms and conditions.
The following definitions apply in this Agreement.
Online Banking - the Internet-based service providing access to your Westbury Bank Account(s).
Bill Payment - the Internet-based service providing payments to third parties from your designated Westbury Bank Account(s).
Transfers - The process of moving funds from one account to another. Transfers can be made between checking, savings, money market accounts, certain lines
of credits and transfers to make regular loan payments.
Cleared Date - The date the money for a transaction is deducted from your account. For an electronic bill payment, this is the same date as the transmit date.
Issued Date - The date a transaction is issued.
Transaction Date - The date a transaction takes place, also referred to as the "Trans Date".
Business Day - Monday through Friday except bank holidays.
Due Date - The date the payment is actually due. The due date can be found on the invoice or bill that is provided by the Payee, such as a utility company.
Scheduled - An electronic bill payment that has not yet been deducted from your account. Payments will be deducted from your account on the Due Date.
Repeating Payment - Payments set up to be made weekly, bi-weekly, semi-monthly, monthly, quarterly, semi-annually or annually. Bi-weekly affects the account every other week, whereas semi-monthly affects the account only twice a month.
Estimated Net Payoff - The payoff amount is an estimate and should not be relied upon as an actual payoff amount. The estimated payoff amount may be subject to additional charges. Please contact Westbury Bank's Loan Servicing Department for the actual payoff amount.
Online Banking Service
The Online Banking Service may be used to:
1. Access your account balances and review transactions.
2. Transfer funds between your Westbury Bank Account(s). Transfers are processed immediately upon transmit. Transfers processed by 8:00 PM on a business day will immediately be reflected in transaction history. Transfers processed after 8:00 PM or on non-business days will be immediately processed but will not be displayed in transaction history until the morning of the following business day. Because regulations require the Bank to limit pre-authorized transfers, including Online Banking transfers from certain types of accounts, the following limitations apply:
(a) Statement savings account. You can make no more than six transfers per statement period by pre-authorized or automatic transfer or by telephone or Online Banking.
(b) Money Market savings account. You can make no more than six transfers per statement period by pre-authorized or automatic transfer or by telephone or Online Banking.
3. Make regular loan payments by transferring funds from your related Westbury Bank Account(s). The outstanding principal balance is available for your on-line viewing. You can make a regular loan payment by transferring funds from your checking, savings or money market account to the loan. To obtain a loan payoff quote, please contact Westbury Bank's Loan Servicing Department at 1-800-924-7309.
4. Transfer funds from a personal or home equity line of credit to a related Westbury Bank account. You can review the current available balance and outstanding balance for the Personal and Home Equity Lines of Credit. You can also transfer available funds from those lines of credit to your checking, savings or money market accounts.
5. Export statements to your personal money management software, such as Quicken or Microsoft Money.
6. Use the Bill Payment Service to make payments to third parties.
You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account.
Use of Your User Name and Password
You agree not to allow anyone to gain access to the Services or to let anyone know your Password used with the Services. You agree to assume responsibility for all transactions initiated through the Service with your User Name (Social Security number) and Password, up to the limits allowed by applicable law.
Bill Payment Service
The Bill Payment Service may be used to make payments from your designated Account to third parties (Payee) you wish to pay. Your designated Account must be a checking account. You may designate multiple checking accounts. Through the Bill Payment Service, you can pay any business that generates a bill or invoice to you or on your behalf and that has an address we can verify. You can also pay individuals, such as family or friends, for non-business purposes.
Each payment you make will be deducted from the account that you select as your Account for that payment. Any payments you wish to make through the Bill Payment Service must be payable in U.S. dollars to Payees with a United States payment address. You should not use the Bill Payment Service to pay taxes or for making court ordered payments. Payments for these Payees will be your sole responsibility if delayed or improperly processed or credited.
1. Payee List- You may designate an unlimited number of Payees to receive payments through the Bill Payment Service. You must provide sufficient information about each Payee to properly direct a payment to that Payee and permit the Payee to identify the correct account (Payee Account) to credit with your payment. This information may include the name, address and phone number of the Payee and your Payee account number. If the Payee's phone number is not available, then use your phone number.
2. Scheduling Payments- You may use your Internet enabled device to electronically schedule payments through the Bill Payment Service. There is no date restriction on how far in advance you can schedule a payment. However, the minimum number of days from the Due Date from which you can schedule the payment is 4 business days.
If the session during which you schedule a payment ends by 12:00 PM (Central Time) on a Business Day, we will be considered to have received it on that day. Otherwise, it will be considered received on the following Business Day.
You may choose to schedule payments to recur in the same amount at regular weekly, bi-weekly, monthly, semi-monthly, quarterly, annual or semi-annual intervals (a "repeating payment"). If a repeating payment is chosen, the bill will be paid automatically each billing period unless you delete the payment on or before 12:00 PM (Central Time) 4 or more business days before the Due Date.
If your designated Account does not have sufficient funds to make a payment as of the payment Due Date, the payment will be paid and you may be assessed an Insufficient Funds Fee of $35 or a Returned Item Fee of $35. Within 24 - 48 hours, a second attempt to debit the amount of the payment from your Account will be processed. If your designated Account does not have sufficient funds to collect the amount of the payment on the second attempt, you may be assessed another Insufficient Funds Fee of $35 or a Returned Item Fee of $35. In certain circumstances where the Bill Payment Service has agreements with specific Billers, your payment to that biller may be reversed if sufficient funds are not available in your designated Account. When this occurs, payment or payment arrangements with the Biller become your sole responsibility. If your designated Account does not have sufficient funds to collect the Insufficient Funds Fees, we will begin collection efforts to collect those fees. If the Bill Payment Service does not have an agreement with the Biller to reverse the application of the payment, we will begin collection efforts to collect the amount of the payment. Insufficient Fund conditions can lead to the cancellation of bill payment services.
4. Repeating Payments- You may schedule payments to a Payee to be automatically initiated in a fixed amount on the same date every month. If the Repeating Payment Date falls on a day other than a Business Day in any month, your payment will be initiated the previous Business Day to the Due Date. For example, if you schedule a Repeating Payment with a Due Date of the 25th day of each month, and December 25th is a Friday, the payment will be made on Thursday, December 24th, because December 25th is a bank holiday. Note that differences in the number of days in a month may reduce the number of days between your scheduled Recurring Payment Date and payment due date.
5. Delivery of Payments- You may enter payments through the Bill Payment Service 24 hours a day, seven days a week. Payment Due Dates may not be scheduled for less than 4 business days into the future. Funds must be available in your designated Account on the Due Date, and such funds will be deducted from your Account on the Due Date. Payments are transmitted on Business Days only. If the day you schedule a payment to be transmitted is not a Business Day, funds will be deducted from your designated Account the previous Business Day.
Payments may be remitted by transferring funds electronically to the Payee or by mailing the Payee a check. Payees generally will receive the payment on the Due Date. This applies regardless of whether the payment is a 1-Time or Repeating Payment. You agree to allow at least five (4) Business Days between the date you enter the payment and the Due Date of the payment. The payment due date is the due date shown on your invoice or provided in your agreement with the Payee, excluding any applicable grace period. If you do not, 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. If you schedule your payment and follow all instructions provided, but the payment is not received by the Payee in a timely manner, and our attempts to work with the Payee to have any late fees reversed are unsuccessful, you will not be responsible for any fees over $50.00.
For all payments, we are only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. We will not be liable in any way for damages you incur if you do not have sufficient funds in your Account to make the payment on the Due Date, for changes to the Payee's address or account number with the Payee unless you have advised us of the change at least four Business Days in advance, for the failure of any Payee to correctly account for or credit the payment in a timely manner, or for any other circumstances beyond the control of the Bank.
6. Canceling or Changing Payments- You may electronically change both the payment amount and the Due Date of any pending payment or cancel a payment. Once the service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.
7. Reviewing Payments- You may review the current month and a specified range of payments made through the Bill Payment Service for each Payee.
If you send Westbury Bank an electronic mail message, we will be deemed to have received it on the following Business Day. We will have a reasonable time to act on your e-mail.
You should not rely on electronic mail if you need to communicate with Westbury Bank immediately - for example, if you need to report the theft of your password, an unauthorized transaction from one of your Accounts or if you need to stop a payment that is scheduled to occur. You agree that Westbury Bank may respond to you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by Westbury Bank shall be considered received within three (3) calendar days of the date sent by Westbury Bank, regardless of whether or not you sign on to the Service within that time frame. You also agree that Westbury Bank may send information about other products and services to you by electronic mail.
If you do not want Westbury Bank to send you information about our new products and services, you must notify us by sending an e-mail to firstname.lastname@example.org and specifically request that we do not send you such information.
Hours of Operation
The Services are available 24 hours a day, seven days a week, except during special maintenance periods. For purposes of transactions, Westbury Bank Business Days are Monday through Friday, excluding holidays.
Modifications; Notices; Termination
Westbury Bank may modify, amend or revise (collectively, "revise") this Agreement and/or the terms and conditions applicable to any Service at any time and from time to time, and the revised Agreement or terms and conditions shall be effective on the date selected by Westbury Bank or at the earliest date allowed by applicable law. Any notice of revisions shall be sufficient if we send you a copy of such revisions or if we notify you that revisions have been made and give you instructions how to obtain a copy of such revised Agreement or terms and conditions. Your continued use of the Service(s) after the effective date of such revisions will constitute your acceptance of the revisions and the revised agreement. We may give you any notice under this Agreement or related to any Service, including notice of revisions or notices under Regulation E, CC, B, DD, M, or Z, by any one or more of the following methods: by sending notice by first-class mail or electronic mail at the address shown on our records, by placing a statement message in the statement for any of your account(s) or by posting a notice on our internet site. You will be deemed to have received any notice by electronic mail three calendar days after it is sent. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.
If Your Password Has Been Lost or Stolen
If you believe your Password has been lost or stolen, contact the Customer Service Department immediately by calling 1-800-924-7309, 8:30 AM - 5:00 PM Mon-Fri. If you believe someone has transferred or may transfer money from your account without your permission, immediately call the Customer Service Department. If you tell us within two (2) Business Days after you discover that your Password has been lost or stolen, you will be liable for no more than $50 if someone uses your Password without your permission. If you do not tell us within two Business Days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password without your permission if you had told us, you could be liable for as much as $500. Liability limits may not apply if you provide your User Name and Password to someone who is not an authorized signer on the affected account(s).
If Your Statement Shows Transfers That You Did Not Make
If your statement shows transfers that you did not make or authorize, contact the Customer Service Department immediately by calling 1-800-924-7309, 8:30 AM - 5:00 PM Mon - Fri. If you do not notify us within sixty (60) days after the statement was mailed to you, you may not recover any money lost after the sixty (60) days which would not have been lost if we had been notified in time.
Bank Liability For Failure To Make a Transfer or Bill Payment
If we do not complete a transfer to or from your account on time or in the correct amount according to our Agreement with you, we will be liable for the amount of any losses or damages incurred by you and resulting directly from such failure.
You agree that the Bank will not be liable for failure to properly complete a transfer or bill payment in the following instances:
1. If through no fault of ours, your Account has insufficient funds to complete a transfer or bill payment. If a transaction is processed against
insufficient funds, you may have to repay the amount involved.
2. If circumstances beyond our control (such as flood, fire or power outage) prevent the transfer or bill payment.
3. Your telephone, communication link or service was not working properly and you knew about the problem when you started the transfer or bill payment.
4. If your transfer or bill payment authorization terminates by operation of law.
5. If your funds are subject to legal process or other encumbrance restricting the transfer.
6. If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy.
7. If you believe someone has accessed your accounts without your permission and you fail to notify us immediately.
8. If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement or any other agreement with us, or if we or you terminate this Agreement.
9. You have not properly followed the scheduling instructions on how to make a transfer or payment included in this Agreement.
10. If we have received incomplete or inaccurate information from you or a third party involving the account, transfer, or bill payment.
The Bank will not be liable for any losses, resulting from circumstances over which we have no direct control, including, but not limited to, the failure of electronic or mechanical equipment or communications lines, telephone or other interconnect problems, operator errors, log-in sequences, severe weather, earthquakes, floods or other such events. You acknowledge that there are alternative methods for accessing the information and conducting the transactions provided by the Services, such as Telephone Banking and payment by check. In the event you should experience problems in accessing the Services, you will attempt to access such information and conduct such transactions by such alternative methods. There may be other exceptions stated in this Agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any indirect incidental or consequential damages.
Errors and Questions
In case of errors or questions regarding an Online Banking or Bill Payment transaction, contact our Online Banking Support Specialists at:
or write to Westbury Bank
200 South Main Street
West Bend, WI 53095
Notification should be as soon as possible. If you think your statement is wrong or you need more information about a transfer or bill payment listed on
your statement, we must hear from you at the specified telephone number or address no later than sixty (60) calendar days after we sent you the FIRST
statement on which the problem or error appeared. We will need:
1. Your name, account number, and dollar amount of the suspected error.
2. A description of the error or the transfer in question and an explanation concerning why you believe it is an error or need more information.
If the report is made orally, we may require that you send us your complaint or question in writing within ten (10) Business Days. We will notify you with the results of our investigation within ten (10) Business Days after you contact us and will correct the error promptly. If more time is needed, however, we may take up to forty-five (45) calendar days to investigate your complaint or question. If this occurs, we will provisionally re-credit your Account within ten (10) Business Days for the amount you think is in error, so that you will have use the funds 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 ten (10) Business Days, we may not provisionally re-credit your Account until the investigation is completed and it is determined that an error did occur.
If your notice of error concerns a transaction that occurred during the first thirty (30) days after the first deposit to the account was made, the applicable time periods are twenty (20) business days in place of ten (10) business days and ninety (90) days in place of forty-five (45) days. We will tell you the results of our investigation within three (3) Business Days after completing our investigation. If we determine that no error occurred, we will send you a written explanation. You may request copies of the documents that we used in the investigation. If we provisionally re-credited funds to your Account and we determine there was no error, the funds will be withdrawn from your Account for the provisionally re-credited amount.
You agree that the Bank may respond to you by electronic mail with regard to any claim of unauthorized electronic fund transfer related to the Service. Any such electronic mail sent to you by the Bank shall be considered received within three (3) calendar days of the date sent by the Bank, regardless of whether or not you sign on to the Service within that time frame.
Disclosure of Account Information to Third Parties
We will disclose information to third parties about your Account(s) or the transactions you make:
1. When it is necessary for completing a transaction; or
2. to verify the existence and condition of your account to a third party; or
3. to comply with a governmental agency or court orders; or
4. if you give us your written permission
Information concerning your account history with Westbury Bank will be shared within the Westbury Bank organization.
In addition to this Agreement, you and Westbury Bank agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Online Banking Service or the Bill Payment Service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures received by you when you open your Account(s) at Westbury Bank including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule at the end of this Agreement. We will automatically deduct the fees related to the Services from your designated Account each month.
You are responsible for complying with all the terms of this Agreement, with the terms of the agreement governing the deposit accounts which you access using the Services. We can terminate your electronic banking privileges (including the Bill Payment service) under this Agreement without notice to you if you do not pay any fee required by this Agreement when due or if you do not comply with the agreement governing your deposit, loan accounts or other accounts, or any account is not maintained in good standing or if we have reason to believe that the Service has been subject to unauthorized or improper use. We will promptly notify you if we terminate this Agreement or your use of the services for any other reason.
If you are not paying a monthly service charge for the Services, we may convert your Service access to an inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive ninety (90) day period. If your Service access is considered inactive, you must contact us to have the Service activated before you will be able to use the Service.
To cancel the Online Banking or Bill Payment Services, you must notify us and provide your name; address; whether you are discontinuing Online Banking, Bill Payment or both; and the effective date to stop the Service. When Bill Payment is terminated, any prescheduled Bill Payments made through Online Banking will also be terminated. Your final charge for the Bill Payment Service will be assessed at the end of your statement cycle. Please notify us of the cancellation by sending an e-mail to email@example.com.
The laws of the State of Wisconsin and applicable federal law govern this Agreement and the Services.
Online Banking Service - No charge for service