Electronic Fund Transfers - Your Rights and Responsibilities


WESTFIELD BANK
TWO PARK CIRCLE, P. O. BOX 5002
WESTFIELD CENTER, OHIO 44251-5002
800.368.8930

Please read this disclosure carefully.

It tells your rights and obligations for the transactions listed. Please keep this notice for future reference. For purposes of these disclosures, our business days are Monday through Friday. Weekends and holidays are not included.

Contact in Event of Unauthorized Transfer.

If you believe your card and/or code has been lost or stolen, please contact us at the address and number shown above.

Consumer Liability.

Tell us AT ONCE if you believe your card and/or code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days, you can lose no more than $50 if someone used your card and/or code without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that 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) kept you from telling us, we will extend the time periods.

Transfer Types and Limitations.

(1.)  Account access. You may use your card and/or code to:
  • Withdraw cash from your checking or savings account.
  • Make deposits to your checking or savings account.
  • Transfer funds between your checking and savings accounts whenever you request.
  • Pay for purchases from your checking account at places that have agreed to accept the card and/or code.
  • Pay bills directly by telephone from your checking account in the amounts and on the days you request.
Some of these services may not be available at all terminals.

(2.)  Electronic check conversion. You may authorize a merchant or other payee to make a one-time
       electronic payment from your checking account using information from your check to:
  • pay for purchases,
  • pay bills.
(3.)  Limitations on frequency and amount of transfers. Our standard transaction limitations are
       shown below:
  • $400 maximum cash withdrawal, per day
  • $2,000 total point-of-sale purchases, per day
  • Limit 10 transactions per day
(4.)  Fees. We will charge you $2.00 per ATM transaction in excess of 8 per month.

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ATM Fees.

When you use an ATM not owned by us, you may be charged a fee by the ATM operator and you may be charged a fee for a balance inquiry even if you do not complete a funds transfer.

Currency Conversion.

When you use your debit card at a merchant that settles in currency other than U.S. dollars, the charge will be converted into the U.S. dollar amount. The currency conversion rate used to determine the transaction amount in U.S. dollars is either (1) a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives; or (2) the government mandated rate in effect for the applicable central processing date; and (3) in each instance, plus or minus any adjustment determined by the issuer.

Advisory Against Illegal Use.

You agree not to use your card(s) for illegal gambling or other illegal purpose. Display of a payment card logo, for example, an online merchant does not necessarily mean that transactions are lawful in all jurisdictions in which the cardholder may be located.

Documentation.

You can get a receipt at the time you make any transfer to or from your account using one of our automated teller machines.

Confidentiality.

We will disclose information to third parties about your account or the transfers you make:
  • Where it is necessary for completing transfers, or
  • In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or
  • In order to comply with government agency or court orders, or
  • If you give us written permission.

Periodic Statements.

You will receive a monthly statement for your checking and savings accounts. Depending on the type of savings account you have, you may receive a quarterly statement unless there are electronic transactions in which case you will receive a monthly statement.

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Preauthorized Credits.

If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at 800.368.8930 to find out whether or not the deposit has been made.

Credits to your account are provisional until final settlement through a Federal Reserve Bank occurs. We may make funds immediately available to you.

We will not notify you separately when a preauthorized credit or ACH credit is received. Details of your credit will appear on your monthly statement.

Preauthorized Payments (Right to Stop Payment and Procedure for Doing So).

If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Call us or write us at the address and phone shown above in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and to get it to us within 14 days after you call. There is a charge as indicated in your account disclosures for each stop payment order we receive.

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Notice of Varying Amounts.

If these regular payments may vary in amount, the person you are going to pay will tell you 10 days before each payment when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

Liability for Failure to Stop Payment of Preauthorized Transfer.

If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

Financial Institution's Liability.

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 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.
  • If the transfer would go over the credit limit on your overdraft line.
  • If the automated teller machine where you are making the transfer does not have enough cash.
  • If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
  • If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
  • There may be other exceptions stated in our agreement with you.

One-Time Electronic Fund Transfers Using Information From a Check.

When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. You authorize us to collect a fee through an electronic fund transfer from your account if your payment is returned unpaid.

When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day you make your payment, and you will not receive your check back from your financial institution.

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Error Resolution Notice.

In case of errors about your electronic transfers, call or write us at the telephone number or address shown above, as soon as possible, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
  • Tell us your name and account number.
  • Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  • Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 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 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 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 or question in writing and we do not receive it within 10 business days, we may not credit your account.

For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. An account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.

We will tell you the results within 3 business days after completing our investigation. 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.

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For all Westfield Bank Online, Internet Banking, and Bill Payment Users Addendum to Electronic Funds Transfers Agreement

Unless otherwise governed by the preceding Electronic Funds Transfer Agreement, this addendum ("The Agreement") explains the terms and conditions governing the Internet Banking Services ("Westfield Bank Online") and Bill Payment Services offered by Westfield Bank. It also describes the rights and obligations of Westfield Bank. Please read this Agreement carefully. All Internet Banking services of any kind whatsoever offered or afforded by Westfield Bank will be referred to collectively as "Services" in the Agreement. Westfield Bank shall be referred to as "Bank." By requesting or using one of these Services, you agree to abide by the terms and conditions of this Agreement as well as your deposit account terms and conditions. "You" and "Your," (whether or not such words appear capitalized) refers to each person who opens or is authorized to use any account at Westfield Bank and any person who has a User ID or Password for accessing the Services. The term "business day" means all days except Saturday, Sunday, and all banking holidays.

This Agreement, all applicable federal regulatory disclosures, and deposit account terms and conditions govern all Internet Banking Services. All applicable fee schedules published by Westfield Bank from time to time will apply to the Services. You are responsible for the payment of any fees incurred by you on any account, for any Service, at any time. You agree to pay all such fees upon request of Westfield Bank. Further, you agree to pay all telephone charges or fees incurred by you in accessing the Services.

Your initial use, or subsequent use, of any Service in connection with your account at Westfield Bank constitutes your acceptance and agreement to be bound by all of the terms and conditions of this Agreement and of deposit account terms and conditions Agreement. Such initial use, and subsequent use, acknowledges your receipt and understanding of this Agreement and deposit account terms and conditions Agreement.

You agree that Westfield Bank may, as permitted by law, provide all applicable disclosures to you electronically. You are responsible for downloading or printing the disclosures or specifying and providing Westfield Bank with a non-electronic address to which the disclosures may be mailed.

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Definitions

The following definitions apply in this Agreement. "Online Account" means any Westfield Bank account from which you will be conducting transactions using a Service; and "Password" is the system-generated code sent to you by Westfield Bank for use during the initial sign-on, or the codes you select after the initial sign-on, that establishes your connection to the Service. "Time of Day" references are to Eastern Standard Time or Eastern Daylight Time, as applicable. "We," "us," or Westfield Bank refer to Westfield Bank which offers the Services and which holds the accounts accessed by the Services.

Access to Services

Westfield Bank will provide instructions on how to use the Online Banking service or Bill Payment service. You will gain access to your Online Accounts through the use of your Internet-enabled device, your Internet Service Provider, your Password, and your Social Security number.

Use of your Security 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 up to the limits allowed by applicable law.

Westfield Bank is entitled to act upon instructions received through any Internet Banking Service under your User ID or Password and without inquiring into the identity of the person using that User ID or Password. However, you agree that you will not, under any circumstances, disclose your User ID or Password by telephone or any other means to any person. You acknowledge that no person from Westfield Bank will ever ask for your User ID or Password and that those Westfield Bank employees do not need and should not ask for your User ID or Password. You agree never to provide your User ID or Password to anyone, including anyone claiming to represent Westfield Bank. You are liable for all transactions made or authorized using your User ID or Password. Westfield Bank has no responsibility for establishing the identity of any person or determining the validity of any transaction.

You agree that if you give your User ID or Password to anyone or fail to safeguard its secrecy, you do so at your own risk since anyone with your User ID or Password will have access to your accounts. You agree to notify Westfield Bank immediately in the event your User ID or Password is lost or stolen or is otherwise compromised. At any time, you may ask Westfield Bank to disable your Internet Banking Service.

For joint accounts, each person will be liable for all transactions that are made on that account. Each person on a joint account authorizes all transactions made by any other person on the account. Each person on a joint account agrees to be liable for the actions of the other person(s) on the account.

You hereby indemnify and release Westfield Bank from any and all liability and agree not to make any claim against Westfield Bank or bring any action against Westfield Bank for honoring or allowing any actions or transactions where you have authorized the person performing the action or transaction to use your account or when you have provided your User ID or Password to that person. You agree to reimburse Westfield Bank for any losses it suffers or any damages, injuries, costs, or expenses it incurs (including attorney's fees) as a result of Westfield Bank's honoring or allowing transactions on the account where the User ID or Password was used.

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If Your Password Has Been Lost or Stolen

If your Password has been lost or stolen, call Westfield Bank immediately at 800.368.8930, Monday through Friday 9 a.m. to 5 p.m. Eastern Standard Time. Telephoning Westfield Bank is the best way of minimizing your losses. If you believe your Password has been lost or stolen and you tell us within two 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 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 lose as much as $500.

If your statement shows transfers that you did not make

If your statement shows transfers that you did not make, notify us immediately by calling Westfield Bank - 9 a.m. to 5 p.m. Eastern Standard Time (EST), Monday through Friday at 800.368.8930 or writing Westfield Bank at the address shown in this notice.

If you do not notify Westfield Bank within 60 days after the statement was mailed to you, you may not recover any money lost after the 60 days which would not have been lost if Westfield Bank had been notified in time. If a good reason (such as a long trip or hospital stay) delayed you from contacting Westfield Bank, we will extend the time periods.

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Banking Transactions with Online Banking

In addition to viewing account information, you may use Online Banking to conduct the following transactions:
  • Transfer funds among your checking accounts, savings accounts, and money market accounts.
  • Place stop payments on checks.
  • Make line of credit draws and loan payments.
NOTE: Because federal regulations require Westfield Bank to limit preauthorized transfers (including Online Banking transfers), the following limitations apply:

Statement savings account. You can make no more than six (6) transfers per statement period by preauthorized or automatic transfer or by telephone or Online Banking.

Money Market savings account. You can make no more than six (6) transfers per statement period by preauthorized or automatic transfer or by telephone or Online Banking and no more than three (3) of these may be by check, draft, or debit card.

New services may be introduced for Online Banking from time to time. Westfield Bank will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules, which will be made available to you concerning these services.

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Bill Payment Service

The Bill Payment Service permits you to use your Internet-enabled device to direct payments from your designated online Bill Pay Account to third parties you wish to pay. Your Bill Pay Account must be a checking account. Through the Bill Payment service, you can pay bills from your Bill Pay Account to businesses or individuals.

All payments you make will be deducted from the account that you designate as your Bill Pay Account for the Bill Payment Service. Any payments you wish to make through this Service must be payable in U.S. dollars to a payee located in the continental United States. We reserve the right to restrict types of payees to whom payments may be made using the Service from time to time. You should not use the Bill Payment service to make payments to settle securities purchases, payments to interest bearing accounts, tax payments, or court ordered payments. Payments for these payees will be your sole responsibility if delayed, or improperly processed, or credited.

Funds must be available in your Bill Pay Account on the scheduled payment date. If the date you schedule a payment to be initiated falls on a non-business day (Saturday, Sunday, or holiday), funds must be available in your Bill Pay Account the following business day (e.g., Monday). After funds are withdrawn from your Bill Pay Account to make a payment, we may make the payment either by transferring funds electronically to the payee or by mailing the payee a check.

You may choose to schedule payments to recur in the same amount at regular weekly, monthly, or semimonthly intervals. When you create a new payee in the Bill Payment Service, it has a temporary status until we have had sufficient time to set up the account, and for your business payees, verify information about your account. You should schedule a payment to a new payee at least ten (10) business days before any payment due date, to allow us time to set up the payee and verify information about your account with the payee.

For all subsequent payments, you agree to allow at least five (5) business days between the date you schedule a payment to be initiated and the payment due date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account 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 instructions provided, but the payee does not receive the payment in a timely manner, Westfield Bank will work with the payee on your behalf to attempt to have any late fees or charges reversed.

Westfield Bank is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. Westfield Bank will not be liable in any way for damages you incur if you do not have sufficient funds in your Bill Pay Account to make the payment on the processing date, 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 correctly account for or credit the payment in a timely manner, or for any other circumstances beyond the control of Westfield Bank.

If the session during which you schedule a payment ends by 4 p.m. EST, Westfield Bank will be considered to have received it 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 the Online Banking Service controls.

If your Bill Pay Account does not have sufficient funds to make a payment as of the date the transfer or payment is attempted or scheduled to be made, the transfer or payment will be canceled and no further attempt will be made by Westfield Bank to make the transfer or payment. Westfield 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. In all cases, you are responsible for either making alternate arrangements for the payment or rescheduling the payment through the Service. In the case of fixed recurring payments, only the payment currently scheduled will be canceled. Fixed payments scheduled for future dates will not be affected unless your account has been inactivated because of insufficient funds.

The way to cancel or change a payment is to use the Service. Payments must be changed or canceled using the Service 2 business days prior to the business day the transaction is scheduled to be initiated. If you ask us to cancel a payment after it is issued and we agree to do so, we may charge you a stop payment fee. Stop payment orders, whether oral, written, or electronic, will be in effect for a period of six months. If requested by Westfield Bank, you will confirm any stop payment order in writing. After six months, any stop payment will terminate and must be renewed in order to continue in effect. Westfield Bank may pay any item that is presented following the lapse of any stop payment order.

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Electronic Mail

If you send Westfield Bank an electronic mail message, Westfield Bank will be deemed to have received it on the following business day. Westfield Bank will have a reasonable time to act on your e-mail.

You should not rely on electronic mail if you need to communicate with Westfield Bank immediately - for example, if you need to report an unauthorized transaction from one of your accounts or if you need to stop a payment that is scheduled to occur.

You agree that Westfield 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 Westfield Bank shall be considered received within three (3) business days of the date sent by Westfield Bank, regardless of whether or not you sign on to the Service within that time frame.

Other Agreements

In addition to this Agreement, you and Westfield 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 Internet Banking Service or the Bill Payment Service is your acknowledgement 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 accounts at Westfield 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 this Service from your account each month.

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Hours of Operation

The Services are available 24 hours a day, seven days a week, except during special maintenance periods. For purposes of transactions, Westfield Bank's business days are Monday through Friday, excluding holidays. All Online Banking transaction requests received after 3 p.m. CST on business days and all transactions that are requested on Saturdays, Sundays, or holidays, on which Westfield Bank chooses to remain closed, will be processed on the next business day. Westfield Bank's business day begins at 9 a.m.

Modifications to this Agreement

Westfield Bank may modify the terms and conditions applicable to either Service from time to time upon mailing or delivering a notice of the modifications to you at the address shown on our account records and the revised terms and conditions shall be effective at the earliest date allowed by applicable law. We may send any notice to you via electronic mail and you will be deemed to have received it three (3) days after it is sent. The agreement will also be available on our web site for your review. 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 this Agreement is modified, your continued use of the Account or Services will represent your acceptance of the changes.

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Errors and Questions

In case of errors or questions regarding an Online Banking or Bill Payment transaction, call Internet Banking at 800.368.8930 or write us at the address shown in this notice.

We must hear from you at the specified telephone number or address no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. We will need:
  • Your name and account number (if any).
  • 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.
  • The dollar amount of the suspected error and date on which it occurred.
  • If the report is made orally, we may require that you send the complaint or question in writing within 10 business days. We will notify you with the results of the investigation within 10 business days and will correct any error promptly. If more time is needed, however, we may take up to 45 days to investigate a complaint or question. If this occurs, we will credit your account within 10 business days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within 10 business days, we may not credit your account until the investigation is completed.
If an alleged error involves an electronic fund transfer outside a state, or territory, or possession of the United States, the applicable time periods for action by us are 20 business days (instead of 10) and 90 calendar days (instead of 45).

If we determine that no error occurred, we will send you a written explanation within three business days after the investigation is complete. You may request copies of the documents that were used in the investigation.

You agree that Westfield Bank may respond to you by electronic mail with regard to any claim of unauthorized electronic funds transfers related to the Service. Any such electronic mail sent to you by Westfield Bank shall be considered received within three (3) days of the date sent by Westfield Bank, regardless of whether or not you sign on to the Service within that time frame.

Statements

You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account.

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Our Liability for Failure to make a Transfer

If we do not properly 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. We will not be liable in the following instances:
  • If through no fault of Westfield Bank, you do not have enough money in your account to make the transfer.
  • If circumstances beyond our control (such as fire, flood, power outage, equipment, or technical failure or breakdown) prevents the transfer, despite reasonable precautions that we have taken.
  • If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy.
  • If your funds are subject to legal process or other encumbrance restricting the transfer.
  • If your transfer authorization terminates by operation of law.
  • If you believe someone has accessed your accounts without your permission and you fail to notify Westfield Bank immediately.
  • If you have not properly followed the scheduling instructions on how to make a transfer included in this Agreement.
  • If we have received incomplete or inaccurate information from you or a third party involving the account or transfer.
  • 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, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.
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 incidental or consequential damages.

If any of the circumstances listed immediately above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.

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Inactivity; Termination

You are responsible for complying with all terms of this Agreement and with the terms of the agreement governing the deposit accounts which you access using electronic banking 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(s) required by this Agreement when due, or if you do not comply with the agreement governing your deposit or loan accounts, or your accounts are not maintained in good standing. If your Bill Pay service is inactive for a period greater than 6 months, it may be inactivated. To reinstate your Bill Pay service, you must reapply. 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 Service, we may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 90-day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.

To cancel the Online Banking and/or Bill Payment service, you must notify Westfield Bank 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. You may notify Westfield Bank by one of the following methods:
  • By sending an e-mail to bank@westfieldgrp.com.
  • By calling 800.368.8930, 9 a.m. through 5 p.m. EST - Monday through Friday.
  • By writing a letter and sending it to the address shown in this notice.

Governing Law

The laws of the State of Ohio and applicable federal law govern this Agreement. ACH deposits or credits to your account are governed by the laws of the State of New York.

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Two Park Circle • P.O. Box 5002 • Westfield Center, Ohio 44251-5002 • 1.800.368.8930
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