Welcome to WBVFCU Online and Mobile Banking. Under the Federal Electronic Fund Transfer Act and the Federal Reserve Board's Regulation E, you are entitled to receive certain disclosures. The Regulation provides that if you agree, the required initial disclosures may be delivered to you electronically. These disclosures have been integrated into the body of our WBVFCU Online, Mobile Banking and E-Statement Agreement. They appear in bold type, to make it easier for you to identify them. You should print a copy of the Service Agreement, read it carefully and retain it in your possession. By tapping the “Accept” button, you acknowledge your understanding and acceptance of this agreement. The acceptance of this agreement is required after each installation and/or application upgrade.
This agreement covers any and all accounts associated with the member’s Username.
West Branch Valley Federal Credit Union, referred to as WBVFCU, is making available to its members WBVFCU Online and Mobile Banking, an online and mobile banking service, referred to as Service, and defined in paragraph 1. This WBVFCU Online, Mobile Banking and E-Statement Service Agreement, referred to as Service Agreement, governs use of the Service by members of WBVFCU. WBVFCU and any agent, independent contractor, designee, or assignee that it, at its sole discretion, involves in the provision of service shall be referred to as we, us, or our. A credit union member who agrees to use the Service will be referred to as you or your.
1. Definitions. As used in this Service Agreement, Account(s) refers to your checking, savings, savings clubs, share certificates, loans, or credit cards you have with WBVFCU, some of which may not be eligible for electronic transfers using the Service: Agreement refers to the Member Services Agreement containing the terms and conditions governing your Account(s): Billing Account means the account you have designated to be charged for all fees and charges, if any, associated with the Services.
2. Electronic Delivery. You agree to receive this Service Agreement electronically, which includes initial disclosures required under federal law and regulations. The required disclosures appear in bold type. You should print a copy of this Service Agreement, read it carefully, and retain it in your records.
3. Applicability, Effective Date. This Service Agreement governs your use of the Service for consumer purposes and becomes effective upon your first use of the Service.
4. E-Statements. By Agreeing to the Service Agreement, you are opting to receive electronic statements of your account, E-Statements. By enrolling in e-statements you also agree to receive all regulatory and account disclosure information electronically. WBVFCU will discontinue sending paper statements.
Paper statements may be printed from Online Banking, or you may request a paper statement be mailed to you at the address on file by contacting the credit union*.
If you would like to opt out of e-statements and resume paper statements, by mail, you can make that request in person at WBVFCU, or by providing ten (10) days written notice to:
Attn: Member Service Department
5. Transfer Types and Limitations. The Mobile Banking service is available via native application or through a secure mobile site. Mobile applications can be acquired through the app store related to your portable device. The mobile site requires access to the internet and a mobile browser. You may also use a personal computer ("PC") to access Account and transaction information and order transfers of funds among your eligible Account(s). West Branch Valley FCU reserves the right to require members to utilize certain operating systems and browser security levels to access Online and Mobile Banking. Not all credit union Account(s) are eligible for electronic transfers using the Service.
6. Joint Account(s). If any of your Account(s) accessed under this Service Agreement are joint Account(s), all joint owners, including any authorized users, shall be bound by this Service Agreement and, alone and together, shall be responsible for all electronic funds transfers (“EFT”) transactions to or from any share and share draft or loan Account(s) as provided in this agreement. Each joint account owner, without the consent of any other account owner, may, apply for access to WBVFCU Online and Mobile banking. Joint account owners will only be granted access to those Account(s) which they are joint owners. They will be granted the same user rights as a primary account owner and will be referred to in this Agreement as you or your.
7. Text Alerts and SMS Texting. Anytime that you access your Account(s) through a computer, mobile device, mobile application, or via text alert or text message, you are accessing the account through Online Banking. Standard data and text messaging rates may apply. To participate in the text messaging program, you must have an SMS/text messaging-enabled mobile phone. You are responsible for standard text rates and/or data usage rates that apply in conjunction with any of the terms and conditions of your Agreement(s) with your cell phone provider.
If we need to contact you to service your account or collect amounts you owe, you agree to allow us to contact you at any number you provide WBVFCU. You Agree to allow WBVFCU to contact you in any way, such as calling or texting, this includes use of automated dialers and prerecorded messages.
8. User Responsibility. It is the responsibility of you, the member to protect the integrity of your Username and Password. To prevent unauthorized transaction(s) and/or account access, you also agree to ensure the security of the portable device you own and/or use to access West Branch Valley FCU Mobile Banking. Securing the personal device includes maintaining the current software version and/or release from the original software and/or device manufacturer.
9. Sharing Your Username, and Password with Others. Because your Username and Password can be used to access money in your Account(s) and to access information about these Account(s), you should treat your Username and Password with the same degree of care and secrecy that you use to protect your ATM PIN and other sensitive financial data. You agree not to give or make available your Username or Password to any person who is not authorized to access your Account(s). You are fully liable for all transfers and payments made within your account. If your Username and Password have been compromised, you must notify WBVFCU immediately. We may require that you put such notice in writing. Upon receipt of such notice, we may require you:
(a) to immediately change your Username and Password,
(b) to identify the person or persons you believe fraudulently accessed your Account(s), and
(c) to open a new account to prevent fraudulent activity from occurring on your Account.
You agree to cooperate with us in the investigation and prosecution of any person who has obtained and used your Username and Password without your authorization.
We may ask you to change your Username and/or Password from time to time for security reasons.
10. Balance Inquiries and Transfers. You may use the Service to check the balance of your Account(s) and to transfer funds among your eligible Account(s). In order to initiate one of these transactions, you must first use your Username and Password to go online and obtain access to your Account(s). The balance shown may include deposits still subject to verification by us. The balance shown also may differ from your records because it may not include deposits in progress, outstanding checks, or other withdrawals, payments or charges. A fund transfer request will be transacted immediately, if funds are available. If there are insufficient funds in an Account(s) from which you are requesting a funds transfer, including any overdraft line of credit, we will not be required to complete such a transaction. If we do complete the transaction, you agree to pay us the excess amount in addition to any fees incurred immediately upon our request.
11. Documentation. All of your fund transfers made through the Service will appear on your periodic account statement. You will receive a periodic account statement for each monthly cycle in which a funds transfer has occurred, and you will receive such periodic statement at least quarterly if no transfer has occurred.
12. Notices. All notices from us will be effective when we have mailed them or delivered them to your last known address in WBVFCU’s records. Notices from you will be effective when received by WBVFCU at the address specified in this Service Agreement. We reserve the right to change the terms and conditions upon which this Service is offered. We will mail or electronically deliver notices to you at least thirty (30) days before the effective date of any change. Use of this Service is subject to existing regulations governing WBVFCU’s account and any future changes to those regulations.
13. Fees. The fees listed below may be charged in connection with the Service. Fee changes may be made from time to time, and we will give you prior notice either in writing or electronically.
Fees: NSF Fee $39.00 Per Item
*Paper Statement $5.00 Per Item
14. Termination. You may terminate your use of the Service at any time by writing to us. You must notify us at least ten (10) days prior to the date on which you wish to have your Service terminated. Subject to applicable law, we may terminate your use of the Service, in whole or in part, at any time without notice.
15. Business Days. Our Business Days are Monday through Friday, excluding Federal Reserve and credit union holidays. You may use the Service twenty-four hours a day, seven days a week, except during maintenance or service limitation periods.
16. Confidentiality. We will disclose information to third parties about your Account(s) and the transfers you make:
(a) where it is necessary for completing transfers and bill payments, or
(b) in order to verify the existence and condition of your Account(s) for a third party, such as a credit bureau or merchant, or
(c) in order to comply with government agency, court orders, or applicable law, or
(d) to enforce our rights in connection with a transaction governed by this Service Agreement, or
(e) to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability, or
(f) if you have consented or directed us to disclose the information and your consent or direction has not been revoked, or
(g) where it is necessary to ensure appropriate institutional risk control, or for resolving disputes or inquiries.
17. Contact in Event of Unauthorized Transfer. If you believe your Username or Password has been lost or stolen or that someone has transferred or may transfer money from your Account(s) without your permission, call us immediately at (570) 323-9407 or (800) 326-9536. Or contact us in writing at:
Attn: Member Service Department
18. Liability for Transfers. If we do not complete a transfer to or from your Account(s) on time or in the correct amount according to our agreement with you, we will be liable for your direct losses or damages. However, there are some exceptions. We will not be liable, for instance:
(a) if, through no fault of ours, you do not have enough funds in your Account(s) to complete the transaction. If any funds in your Account(s) necessary to complete the transaction are:
(1) held as uncollected funds pursuant to our Funds Availability Policy, or
(2) pledged as collateral, or
(3) frozen because of a delinquent loan, or
(4) any other exceptions as established by WBVFCU;
(b) if the transfer would exceed the credit limit on your overdraft line.
(c) if the funds in your Account(s) are subject to legal process or other encumbrances restricting such transfer.
(d) if the Service or your mobile device and/or personal computer or modem is not working properly, and you know about the malfunction when you started the transfer or payment.
19. Service Limitations. West Brach Valley FCU will use best efforts to ensure continuous service through Mobile Banking. With the nature of internet communication, we are unable to foresee or anticipate technical or other difficulties. These difficulties may result in the loss of data, personalized settings, or other service interruptions. Mobile Banking is provided on an “As Available” basis and we make no representation or warranties related to the availability of Mobile Banking.
20. Additional Limitation of Liability. Except as otherwise provided in this Service Agreement or by law, we are not responsible for any loss, injury or damage, whether direct, indirect, special or consequential, caused by the Service or the use thereof or arising in any way out of the maintenance of the Financial Software, even if we have been advised of the possibility of such damages or losses.
WBVFCU MAKES NO WARRANTY, EXPRESS, OR IMPLIED, TO YOU CONCERNING THE SERVICE, EQUIPMENT, BROWSER, OR OTHER SERVICES INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.
21. Error Resolution. In case of errors or questions about your electronic transfers, telephone us at the number listed in paragraph 17, as soon as you can, if you think your periodic account statement is wrong or if you need additional information regarding a transfer listed on your periodic account statement. We must hear from you no later than sixty (60) days after we sent the FIRST periodic account statement on which the problem or error appeared.
(a) Tell us your name and Username
(b) Describe the error or the transfer you are unsure of, and explain, as clearly as you can, why you believe it is an error or why you need more information.
(c) Tell us the dollar amount of the suspected error.
(d) If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.
We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint in writing and we do not receive it within ten (10) business days, we may not credit your account. We will tell you the results within three (3) business days after completing our investigation. If we decide there was no error, we will send you a written explanation.
You may ask for copies of documents that we used in our investigation. We will inform you of the results of our investigation within ten (10) business days after being informed of your complaint. We will correct any error made by WBVFCU promptly.
22. This Service Agreement constitutes the complete and exclusive agreement related to the Service and supplements the Membership Booklet and any other agreement or disclosure related to your other Account(s). In the event of a conflict between this Service Agreement and any other agreement or disclosure related to your Account(s) or any statement by our employees or agents, this Service Agreement shall control, only as to electronic fund transfers conducted by using this Service.
23. Waivers. No delay or omission by us in exercising any rights or remedies hereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise or the exercise of any other right or remedy. No waiver shall be valid unless in writing and signed by us.
24. Enforcement. You are liable to us for any loss, cost or expenses we incur resulting from your failure to follow this Service Agreement. You authorize us to deduct any such loss, costs or expenses from your Account(s) without prior notice to you. If we bring a legal action to collect any amount due under or to enforce this Service Agreement, we shall be entitled, subject to applicable law, to payment of reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions.
25. Assignment. You may not assign this Service Agreement to any other party. We may assign this Service Agreement or delegate any or all of our rights and responsibilities under this Service Agreement to any third parties.
Governing Law. This Service Agreement
shall be governed by and construed in accordance with the laws of
27. Amendments. We may amend or change any of the terms and conditions of this Service Agreement at any time upon reasonable written notice (including electronic communication) to you prior to the effective date of any change or amendment. If you do not agree to the change or amendment, you may notify us prior to the effective date of the change or amendment and cancel your access to the Service. Your continued use of the Service after the effective date of change will be deemed acceptance of the change or amendment.
28. Severability. If any provision of this Service Agreement is determined to be void or invalid, the remainder of this Service Agreement shall remain in full force and effect.