If you are a member of Wright Patt CU then you are prompted to sign up for electronic statements via the new TOC
TOC in detail:
WRIGHT-PATT CREDIT UNION INTERNET ACCOUNT ACCESS
AGREEMENT,
OPTIONAL BILL PAY AGREEMENT AND DISCLOSURE STATEMENT
IMPORTANT: THE WRIGHT-PATT CREDIT UNION, INC. ("WPCU") INTERNET ACCOUNT
ACCESS AGREEMENT ("HOME BANKING"), OPTIONAL BILL PAY AGREEMENT AND DISCLOSURE
("AGREEMENT") IS A LEGALLY BINDING CONTRACT. BY USING THIS ELECTRONIC SERVICE,
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AND ANY
ADDITIONAL TERMS AND CONDITIONS THAT WE MAY COMMUNICATE TO YOU AND YOU AGREE TO
THE ELECTRONIC DELIVERY OF THIS AGREEMENT AND THE ELECTRONIC FUNDS TRANSFER
DISCLOSURES. PLEASE READ THE ENTIRE AGREEMENT. YOU MAY WANT TO PRINT A COPY OR
REQUEST A WRITTEN COPY FOR YOUR RECORDS.
BY SIGNING UP FOR HOME BANKING YOU ARE ELECTING TO RECEIVE ELECTRONIC
DELIVERY OF YOUR PERIODIC FINANCIAL STATEMENTS AND OTHER CORRESPONDENCE FROM
WPCU. THE CORRESPONDENCE MAY INCLUDE, BUT IS NOT LIMITED TO:
ACCOUNT
STATEMENTS, ACCOUNT STATEMENT NOTICES, CREDIT CARD STATEMENTS, IRS TAX FORM
NOTICES, TRANSACTION NOTICES, OVERDRAFT NOTICES, REGULATORY DISCLOSURES, AND
NEWSLETTERS. ALL ACCOUNT STATEMENTS, CREDIT CARD STATEMENTS AND IRS TAX FORMS
WILL BE AVAILABLE TO VIEW FOR 12 MONTHS. YOU WILL BE SENT A NOTICE VIA EMAIL TO
INFORM YOU WHEN YOUR WPCU TAX FORMS (1098, 1099INT, 1099MISC, 1099Q, 1099R,
5498, AND 5498ESA) ARE AVAILABLE FOR YOU TO VIEW, SAVE, OR PRINT. YOUR CONSENT
FOR ELECTRONIC IRS TAX FORMS APPLIES TO EVERY YEAR THE STATEMENT IS FURNISHED OR
UNTIL YOU CANCEL YOUR ELECTRONIC ENROLLMENT. YOU AGREE TO
ELECTRONICALLY VIEW ANY CHANGES IN DISCLOSURES, ELECTION INFORMATION, OR UPDATES
TO WPCU PRODUCTS, SERVICES, AND FEES. YOU MUST HAVE A VALID E-MAIL ADDRESS THAT
WPCU WILL USE TO SEND INFORMATIONAL NOTICES. YOU AGREE TO IMMEDIATELY NOTIFY
WPCU IF YOUR EMAIL ADDRESS CHANGES (SEE CONTACT INFORMATION BELOW). IF YOUR
EMAIL ADDRESS CHANGES AND WPCU IS NOT NOTIFIED, IT WILL SEND ALL ELECTRONIC
STATEMENT RELATED NOTIFICATIONS TO ANY OTHER EMAIL ADDRESS IT MAY HAVE ON RECORD
FOR YOU. THREE CONSECUTIVE UNDELIVERABLE EMAIL ATTEMPTS MAY CAUSE WPCU TO REVOKE
ELECTRONIC SERVICES UNTIL A VALID EMAIL ADDRESS IS PROVIDED. AT ANY TIME, YOU
MAY CANCEL ENROLLMENT IN HOME BANKING BY VISITING ANY WPCU MEMBER CENTER,
CALLING (937) 912-7000 OR TOLL FREE (800) 762-0047, OR E-MAILING US AT
CONTACTUS@WPCU.COOP. IF THE REVOCATION OF YOUR CONSENT IS RECEIVED LESS THAN TEN
(10) DAYS BEFORE THE END OF YOUR STATEMENT CYCLE IT MAY NOT TAKE EFFECT UNTIL
THE FOLLOWING STATEMENT CYCLE. WHEN YOU CANCEL ENROLLMENT IN HOME BANKING, WPCU
WILL RESUME MAILING ALL OF YOUR CORRESPONDENCE AS ELECTED THROUGH THE U.S.
POSTAL SERVICE AT NO ADDITIONAL CHARGE TO YOU. IF YOU WOULD LIKE TO OBTAIN A
PAPER COPY OF THE EMAILED CORRESPONDENCE, WPCU WILL PROVIDE IT TO YOU AT NO COST
TO YOU. TO RECEIVE HOME BANKING SERVICES YOU UNDERSTAND THAT YOU MUST HAVE
ACCESS TO THE NECESSARY HARDWARE AND SOFTWARE TO VIEW, PRINT OR OTHERWISE ACCESS
NECESSARY INFORMATION.
THE MINIMUM HARDWARE REQUIREMENTS ARE AN IBM-COMPATIBLE PC, OR APPLE
COMPUTER, ANALOG MODEM OR OTHER INTERNET CONNECTION, MONITOR, AND PRINTER. THE
OPERATING SYSTEM MUST BE AT LEAST WINDOWS XP SERVICE PACK 2, WINDOWS VISTA,
WINDOWS 7 AND HIGHER, OR MAC OS X 10.5 OR HIGHER. THE MINIMUM BROWSER
REQUIREMENTS ARE IE 8 ONLY, SAFARI 5.X OR HIGHER, FIREFOX 5.X OR HIGHER, OR
GOOGLE CHROME 12.X OR HIGHER. IF AT ANY TIME YOU NO LONGER HAVE THE REQUIRED
HARDWARE OR SOFTWARE TO RECEIVE HOME BANKING SERVICES, YOU AGREE THAT IT IS YOUR
RESPONSIBILITY TO IMMEDIATELY NOTIFY WPCU. IF WPCU CHANGES THE HARDWARE AND
SOFTWARE REQUIREMENTS TO ACCESS HOME BANKING SERVICES, AND IT MAY CREATE A
MATERIAL RISK THAT YOU WILL NO LONGER BE ABLE TO ACCESS OR RETAIN SUBSEQUENT
ELECTRONIC COMMUNICATIONS, IT WILL NOTIFY YOU AND YOU WILL BE ABLE TO WITHDRAW
YOUR CONSENT WITHOUT THE IMPOSITION OF A FEE.
Dear Member:
The words "you," "your," and "yours" refer to the Wright-Patt Credit Union,
Inc. member(s) jointly and severally. The words "we," "us," "our" "WPCU" and
"Credit Union" refer to Wright-Patt Credit Union, Inc. (Collectively "Party" or
"Parties"). This Agreement and Disclosure Statement (hereinafter "Agreement")
explains and describes the types of Electronic Funds Transfers that are
available to you with our Online Internet Account Service ("
HOME
BANKING"). The Agreement also contains your rights and responsibilities
concerning the
HOME BANKING transactions you make for Consumer
and Business Accounts, including Consumers' rights under the Electronic Funds
Transfer Act. In order to obtain access to
HOME BANKING and BILL PAY
SERVICE, you must register and be approved. For access to
HOME
BANKING you must have a WPCU share account in good standing. To enroll
in the
BILL PAY SERVICE you must have an open checking account
in good standing on the same account that you have for
HOME
BANKING. Custodian accounts have inquiry access only. You will be bound
by this Agreement with your first use of
HOME BANKING and/or BILLPAY
SERVICE.
I. DEFINITIONS.
"Account(s)" means a business and/or personal, family or household share,
share certificate, checking, savings, money market, or other share deposit
account that you have with us.
"Account Access" means your ability to access account and transaction
information on Accounts, and transfer funds between Accounts, through the
Internet.
"Account Agreement" means all agreements between you and us that govern the
use of your Account, including the Membership and Account Agreement, your
individual Account Disclosures, any Funds Availability Disclosure, Electronic
Fund Transfers Disclosure, line of credit agreement, credit card agreement and
our General Fee Schedule and Electronic Fee Schedule.
"Account Number" means the basic account number established in your name.
This does not contain any leading zeros and does not have any ending account
IDs.
"Address" means either a physical address or an e-mail address.
"BILL PAY SERVICES" and
"BILL PAY" means
our services that allow you to pay or transfer funds to a designated Payee or
Payees and related services based upon your instructions to us via the
Internet.
"Business" means any person or entity other than a Consumer that has an
Account with respect to which
HOME BANKING services are
requested.
"Business Account" means an Account owned by a Business.
"Business Day" means every weekday that we are open for business, Monday
through Friday, except federal or state holidays.
"Consumer" means a natural person who has an Account for which
HOME
BANKING and
BILL PAY SERVICES are requested primarily
for personal, family, or household purposes. For Consumer disclosures it also
includes sole proprietor Accounts.
"Designated Bill Pay Account" means the share draft (checking) account that
you have with us that will be debited for electronic payments (or payments
issued by check) made by you to Payee(s). You may not designate a share
(savings) account or money market account to be debited for electronic payments
under the
BILL PAY SERVICES.
"Deliver By Date" means the date that the Transfer is scheduled to arrive at
the intended Payee's location.
"Electronic" means electrical, digital, magnetic, wireless, optical or
electromagnetic technology, or any other technology that entails similar
capabilities.
"Electronic Messaging" means a secure messaging system you can access by
logging into
HOME BANKING.
"Electronic Services" means access to
HOME BANKING,
BILL PAY SERVICES, Mobile Web and Mobile Apps.
"FIS" means our third party Bill Payment Processor.
"HOME BANKING" means online banking, Mobile Web and Mobile Apps.
"Password" means the unique, confidential string of characters used for
identification purposes in connection with the
HOME BANKING and
BILL PAY SERVICES.
"Payee" and "Payees" mean any individual(s), financial institution(s),
company(s), merchant(s) or other business entity or entities in the United
States or Territory thereof that you wish to pay using
BILL PAY
SERVICES.
"Multi-Factor Authentication' and 'MFA'" means our multi-factor
authentication security product.
"Transfer(s)" means any electronic transaction, including a deposit,
withdrawal or bill payment made electronically.
"Username" means the unique string of characters that you keyed in during
your enrollment in
HOME BANKING and
BILL PAY
SERVICES.
II. SETUP AND USE OF HOME BANKING.
Please read the Agreement and retain for your records. If you are receiving
this Agreement electronically, you may want to print this Agreement or save it
for future reference.
YOUR USERNAME. During the initial registration process, you will be
asked to create a Username which will be used for subsequent logins. This
Username must be 8-16 characters in length and contain at least one (1) letter
or one (1) symbol. Once entered and saved, your User Name can be changed via the
online channel.
YOUR PASSWORD. To use HOME BANKING, you will be required to have a
Password that is 8-16 characters long that must contain at least one (1) letter
and must contain at least one (1) number, and must contain at least one (1)
special character or symbol (a special character is any one of the following: !
@ # $ % ^ & * _ + - = ( ) [ ] { } | : ; ` , . / ?) which you must use in
order to access HOME BANKING. Your password cannot be the same as your Username
and cannot contain leading or trailing blanks. In addition, when changing your
password, you may not reuse the last four (4) passwords. For security reasons,
you must change your Password at the time of first use HOME BANKING. Passwords
are case sensitive.
MULTI-FACTOR AUTHENTICATION. After you have selected a
Username and Password during the registration process, you will be required to
enroll in Multi-Factor Authentication. To enroll in Multi-Factor Authentication,
you will be required to have a valid phone number where a verification code may
be sent. You will be prompted with Multi-Factor Authentication every time you
access
HOME BANKING or
BILL PAYMENT SERVICES
from a computer that is designated as a public device.
III. HOME BANKING SERVICES.
1.
HOME BANKING ACCESS. Our Internet address is
https://www.wpcu.coop. You must use your Username and Password
to obtain access to
HOME BANKING after the initial
registration process is completed and you are approved. With
HOME BANKING, you can perform the following transactions:
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Obtain balances and other information on your Accounts; obtain balances and
other information on your personal line-of-credit accounts; Home Master Equity
Line-of-Credit accounts, Home Master Second Mortgage loans, and other consumer
loan accounts including your WPCU Credit Card(s) that you have with us ("Loan
Accounts"). You may obtain balance information on first mortgage loans and
additional mortgage information using a separate link for loans serviced by
Central Loan Administration and Reporting (CENLAR) which can be accessed through
a separate link within HOME BANKING.
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Make transfers between your Accounts and to make transfers from your Accounts
to pay your Loan Accounts.
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Obtain advances from your personal line-of-credit, Credit Card, and Home
Master Equity Line-of-Credit accounts, to be deposited into your
Accounts.
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Review up to the last 12 months transaction activity on your Accounts and
Loan Accounts.
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Download selected transactions from your Accounts and Loan Accounts to
personal financial management software such as Quicken®, QuickBooks®, and
Microsoft Money®; as well as download selected transactions from your Accounts
and Loan Accounts into a spreadsheet such as Microsoft Excel®.
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Make transfers from your Accounts into third party Credit Union Accounts that
you have linked to your Accounts.
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Change your mailing address, change your e-mail address, and change your
security questions.
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Place a stop payment on a check that you have written. You cannot place a
stop payment order on a cashier's check.
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Change your HOME BANKING Password and Username.
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Enroll in BILL PAY SERVICES and Mobile Banking services by
clicking the link from this website. WPCU HAS ENTERED INTO SEPARATE AGREEMENTS
WITH THIRD PARTY PROVIDERS FOR THESE SERVICES. WPCU DOES NOT PROVIDE THE SERVICE
DIRECTLY AND SPECIFICALLY DOES NOT MAKE ANY WARRANTIES CONCERNING THE
BILL PAY SERVICE OR THE MOBILE BANKING SERVICE AND IS NOT
LIABLE FOR ANY CLAIMS, LOSSES, ERRORS, OR ANY PROBLEMS RESULTING FROM OR
ASSOCIATED WITH THE BILL PAY OR MOBILE BANKING
SERVICES.
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Currently not available but coming soon: Enroll in Remote Deposit Capture
Services by clicking a future link from this website. WPCU WILL NOT PROVIDE
REMOTE DEPOSIT CAPTURE SERVICES DIRECTLY AND SPECIFICALLY DOES NOT MAKE ANY
WARRANTIES CONCERNING THE REMOTE DEPOSIT CAPTURE SERVICES AND IS NOT LIABLE FOR
ANY CLAIMS, LOSSES, ERRORS, OR ANY PROBLEMS RESULTING FROM OR ASSOCIATED WITH
THE REMOTE DEPOSIT CAPTURE SERVICES.
2.
LIMITATIONS ON TRANSFERS. Federal regulations limit
pre-authorized transfers from your regular share account and money market
account. During any statement period, you may not make more than six withdrawals
or transfers to another Credit Union account of yours or to a third party by
means of a preauthorized or automatic transfer or telephonic agreement, order,
or instruction, or by check, draft, debit card, or similar order made by you and
payable to a third party. A preauthorized transfer includes any arrangement by
the Credit Union to pay a third party from your regular share account or money
market account upon written or oral instruction, including an order received
through an automated clearing house (ACH) or any arrangement by a depository
institution to pay a third party from your regular share account or money market
account at a predetermined time or on a fixed schedule. If you exceed the
transfer limitations set forth above in any statement period, your regular share
account and money market account will be subject to closure by the Credit Union
or we may revoke your access to
HOME BANKING.
We will not be required to complete a withdrawal or transfer from your
Accounts if you do not have enough money in the designated Account to cover the
transaction. However, we may complete the transaction. You agree not to use
HOME BANKING to initiate a transaction that would cause the
balance in your designated Account to go below zero. If you have a
line-of-credit, you agree not to use
HOME BANKING to initiate a
transaction that would cause the outstanding balance of your line-of-credit to
go above your credit limit. We will not be required to complete such a
transaction, but if we do so, you agree to pay us the excess amount or
improperly withdrawn amount or transferred amount immediately upon our request.
We also will refuse to complete your
HOME BANKING transactions
if we have canceled your HOME BANKING access, or we cannot complete the
transaction for security reasons.
The functions and limitations of
HOME BANKING may be
updated, without notice, at the option of the Credit Union in order to provide
improved service to the membership.
3. FEES FOR HOME BANKING.
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There will be no monthly service fee to use HOME BANKING.
Please refer to Schedule 1 for the fees associated with the online BILL
PAY SERVICE.
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Other fees may be charged to your account per the General Fee
Schedule.
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If funds are not available in your checking account to pay any of the fees
described above, the amount of the fees will be deducted from your share
account.
4. ACCOUNT STATEMENTS. Your periodic statement will
specifically identify each electronic transaction. You will receive a monthly
account statement for each month in which you initiate electronic transactions.
Additionally, through
HOME BANKING, you can view your cleared
transaction activity and print a copy for the last twelve (12) months at any
time.
5. PREAUTHORIZED PAYMENTS. You may not use
HOME
BANKING to enter into preauthorized payment arrangements.
IV. BILL PAY SERVICES.
1. SETUP AND USE OF BILL PAY SERVICES.
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ELIGIBILITY. In order to activate BILL PAY
SERVICES, you must have an open share (savings) and checking account
with us. Your password to gain access to BILL PAY SERVICES is
your Credit Union HOME BANKING Password.
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ACCESS. BILL PAY SERVICES are generally
accessible 24 hours a day, seven days a week, except for reasonable periods, on
a daily basis, for system maintenance. Under no circumstances will we be liable
for any failure to provide access to BILL PAY SERVICES. We may
modify, suspend, or terminate access to the BILL PAY SERVICES
at any time and for any reason without notice or refund of any fees.
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EQUIPMENT REQUIREMENTS. A computer with a modem, access to
the Internet, and a web browser able to support 256-bit encryption are required
to use the BILL PAY SERVICES. You are responsible for the
correct installation of a web browser in order to gain Internet access to and
use the BILL PAY SERVICES. We are not responsible for any
errors, damages or other losses you may suffer due to malfunction or
misapplication of any system used including your browser, Internet service
provider, software, or any equipment you may use (including telecommunications
facilities, computer hardware and modem) to access and/or use the BILL
PAY SERVICES.
2. SERVICES.
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BILL PAY SERVICES IN GENERAL. You may use the BILL
PAY SERVICES to access your Designated Bill Pay Account. These
activities are limited to the extent noted herein and in the Account Agreement
governing your various Accounts. Through the BILL PAY SERVICES,
you can pay bills either on an automatic, recurring basis or periodically as you
request. You must provide us with the name and address of each Payee, your
account/reference number (if any) with that party and any other information we
require to properly debit your Designated Bill Pay Account with us and credit
your account with the Payee. PROHIBITED PAYMENTS: You may not make any alimony,
child support, tax, or other governmental or court-ordered payment using the
BILL PAY SERVICES. If you wish to add or delete a Payee, you
may make these changes online by accessing the BILL PAY
SERVICES. You authorize us to make all changes you submit through the
HOME BANKING and BILL PAY SERVICES or that are
submitted by any other person accessing the BILL PAY SERVICES
with your correct Username and Password. You authorize our Bill Pay Processor to
modify the Payee information as needed to comply with the requirements of the
Payee. Our BILL PAY SERVICES allow you to:
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Review bill payment history details;
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Issue one-time and recurring payments to pay balances on accounts with other
institutions and individuals;
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Receive e-bills if supported by the Payee; and
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Setup and receive e-mail notifications.
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SPECIFIC INFORMATION REGARDING BILL PAY SERVICES. When you
sign up for BILL PAY SERVICES, you must designate an Account
with us as your Designated Bill Pay Account for use in connection with
BILL PAY SERVICES. By using the BILL PAY
SERVICES; you may make payments ("Bill Pay Payment(s)") daily in any
amount between $ 1.00 and $19,999.99; however each transaction shall be no
larger than $9,999.99. When you schedule a Bill Pay Payment, you authorize us to
withdraw the necessary funds from the Designated Bill Payment Account. We may
refuse to act on your instruction if sufficient funds, including funds available
under any overdraft plan, are not available in your Designated Bill Pay Account
on the date we attempt to process payment. We reserve the right to enforce
minimum and maximum payment amounts different from those listed here.
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PROCESSING BILL PAY PAYMENTS. When scheduling a Bill Pay
Payment you select the Deliver By Date. We deduct the amount of your transaction
from your Designated Bill Pay Account on the Deliver By Date if the Bill Pay
Payment is processed electronically. Bill Pay Payments processed by check will
be deducted from your Designated Bill Pay Account when the Payee negotiates the
check, but no earlier than the Deliver By Date. Our Bill Pay Processor
guarantees all payments will be delivered to the Payee on the date specified
when the Bill Pay Payment was confirmed within the BILL PAY
System. In the event the payment is not received by the Payee on the specified
date, our Bill Pay Processor will then research the issue directly with your
Payee. If all information provided by you, such as Payee information, account
information, Deliver By Date, etc. is correct, our Bill Pay Processer will
reimburse you for any late fees incurred and not waived by the Payee, up to a
maximum of $50.00 per Bill Pay Payment.
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For all Payees, you must enter your account/reference number and address as
they appear on the relevant payment stub or invoice. Occasionally a Payee may
choose not to participate in the BILL PAY SERVICES, or may
require additional information before accepting payments electronically. We work
with these Payees to encourage them to accept an electronic payment or check
from us. If we are unsuccessful, or if we believe that the Payee cannot process
payments in a timely manner, we may decline to make future Bill Pay Payments to
that Payee. In the unlikely event that this occurs, we will send you a notice.
We may always refuse to make Bill Pay Payments to certain Payees.
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HOW BILL PAY PAYMENTS ARE MADE. Based on the information you
have provided to us regarding the Payee, we process Bill Pay Payments by either
sending an electronic transmission to the Payee or by mailing a check to the
Payee. Please note, Payees who receive Bill Pay Payments via electronic delivery
will also receive your payment information, including the Account number,
through an electronic link. Electronic payments are generally received and
credited by most Payees within three Business Days. All checks are mailed
through the U.S. Postal Service. Check payments are generally received and
credited by most Payees within five to seven Business Days.
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CANCELING PAYMENTS. You may cancel a pending Bill Pay
Payment. To cancel, you must go to the Scheduled Payments area in BILL
PAY and follow the instructions regarding cancellation. Pending
payments can be canceled up to 4:00 ET on the Business Day before the Deliver By
date. Expedited Bill Pay Payments cannot be canceled.
3. FEES AND ACCOUNT BLOCKING.
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For the fees applicable to your BILL PAY SERVICES, refer to
the "HOME BANKING and BILL PAY Fee Schedule"
attached as Schedule 1. You agree to promptly pay all fees and charges for
BILL PAY SERVICES when rendered and authorize us to debit your
Designated Bill Payment Account. If you close your Designated Bill Payment
Account, you must notify us and promptly pay all accrued but unpaid fees and
charges.
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In the event that we return a Bill Pay Payment as uncollected to our Bill Pay
Processor, you agree to pay any insufficient fund (NSF) fees charged to your
Designated Bill Pay Account. We will send you insufficient funds notices in
paper or by email notification/eNotice. As part of the recollection process, our
Bill Pay Processor will block your access to the BILL PAY
SERVICES and cancel any scheduled payments that are set up on the
Designated Bill Pay Account for each day the block is in place. A payment
cancellation email will be sent to you for the Bill Pay Payments canceled during
the block time. Our Bill Pay Processor will attempt to recollect payment two (2)
additional times from your Designated Bill Pay Account, which could result in
additional WPCU NSF Fees being charged to you. Our Bill Pay Processor will also
attempt to contact you via phone to collect the funds owed. Once the funds have
been collected by our Bill Pay Processor the block on your Designated Bill Pay
Account will be removed after a three (3) Business Day hold time. At that point,
any scheduled and recurring payments set to process after the hold release will
then process as requested.
4. OUR RIGHTS AND RESPONSIBILITIES
If you provide us with timely, complete, correct and accurate information and
we do not then accurately complete a Bill Pay Payment from your Designated Bill
Pay Account or if we fail to cancel a transaction as properly requested or in
the correct amount according to your instructions, we are liable for your losses
or proximate damages as provided herein. Our sole responsibility for an error
will be to correct the error. There are some exceptions to our liability for
processing transactions on your Designated Bill Pay Account. For example, we
will not be liable:
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If, through no fault of ours, you do not have enough money in your Designated
Bill Pay Account to make the transfer;
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If the transfer would go over the credit limit on your overdraft line, if
any;
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If a legal order directs us to prohibit withdrawals or transfers from the
Designated Bill Pay Account;
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If circumstances beyond our control such as interruption of telephone service
or telecommunication facilities, natural disaster such as fire or flood, or
handling of payments by a third party prevent the transfer, despite reasonable
precautions taken by us;
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If you have not provided us with complete and correct information, including
without limitation the name, address, account number and payment amount for the
Payee on a Bill Pay Payment;
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If you have not properly followed instructions for using the Bill Pay
Services;
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If your operating system or software was not properly installed or
functioning properly;
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If you, or anyone authorized by you, commits any fraud or violates any law or
regulation; or
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As otherwise stated in your Account Agreement.
5. NOTICES
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There may be times when you need to speak with someone immediately
(especially to report a lost or stolen Password, or to stop a payment). In these
cases, you should not use electronic messaging; instead, call our Member Help
Center at 1-937-912-7000 or 1-800-762-0047.
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Notices under Section V.2. "Liability for Unauthorized Transactions" will be
effective once you have done whatever is reasonably necessary to give us the
information we need-such as by telephoning us.
6. ACCOUNT STATEMENTS
Your periodic statement will specifically identify each electronic
transaction. You will receive a monthly account statement for each month in
which you initiate electronic transactions. Additionally, through
BILL
PAY SERVICES, you can view your cleared transaction activity and print
a copy for at least the last six months at any time.
V. ADDITIONAL PROVISIONS APPLICABLE ONLY TO CONSUMER
AND SOLE PROPRIETOR ACCOUNTS.
1. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC
TRANSFERS. Telephone us at 1-937-912-7000 or 1-800-762-0047, send an
email to ContactUs@wpcu.coop, or write us at Wright-Patt Credit Union, Inc., P.
O. Box 286, Fairborn, Ohio 45324, Attention: eServices as soon as you can, if
you think your statement is wrong or if you need more information about a
transfer or Bill Pay Payment listed on your Account statement. We must hear from
you no later than 60 days after we send the FIRST Account statement on which the
problem or error appears.
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Tell us your name and Account number.
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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.
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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 tell you the results of our investigation within 10
Business Days 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 to investigate your
complaint or question. If we decide to do this, we will recredit 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 questions in writing and
we do not receive it within 10 business days, we may not recredit your
Account.
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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.
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For errors involving new Accounts, (your complaint or questions involve a
transaction to or from an Account within 30 days after the first deposit to the
Account was made) 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.
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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.
2. LIABILITY FOR UNAUTHORIZED TRANSACTIONS. You will be
liable for unauthorized access to your Accounts via
HOME
BANKING and/or
BILL PAY SERVICES to the extent allowed
by applicable federal and state law. The following description of your liability
for unauthorized access to your Accounts via
HOME BANKING
and/or
BILL PAY SERVICES is required by federal law: Please
notify us AT ONCE if you believe your Account number, Username, Password, or any
record thereof, has been lost or stolen, or if any of your Accounts have been
accessed without your authority. Telephoning is the best way of limiting your
possible losses, but you can also email us at ContactUs@wpcu.coop. If you do not
notify us promptly, it is possible that you could lose all the money in your
Accounts, plus your maximum overdraft line-of-credit.
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If you tell us within two (2) Business Days after learning of the loss or
theft or unauthorized access, you can lose no more than $50 if someone accesses
your Account without your permission. If you do NOT tell us within two (2)
Business Days after you learn of the loss, theft or unauthorized access, and we
can prove we could have stopped someone from accessing your Account without
permission if you had told us, you could lose as much as $500.
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Also, if your Account statement shows transfers or Bill Pay Payments that you
did not make, or authorize, you must inform us at once. If you do not tell us
within 60 days after the FIRST paper or online Account statement showing such a
transaction was sent 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 a hospital
stay) kept you from telling us, we will extend the time periods.
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If you believe your Account number, Password, Username, or any record
thereof, has been lost or stolen, or if any of your Accounts have been accessed
without your authority, or if someone has transferred or may transfer money from
your Accounts by accessing your Accounts without permission, call 1-937-912-7000
or 1-800-762-0047 or write Wright-Patt Credit Union, Inc., P. O. Box 286,
Fairborn, Ohio 45324, Attention: HOME BANKING
SERVICES.
3. AUTHORIZED USE OF SERVICES BY OTHER PERSONS. You are responsible
for keeping your Username and Password and Account data confidential. We are
entitled to act on transaction instructions received using your Username and
Password and you agree that use of your Username and Password will have the same
effect as your signature authorizing the transaction. If you authorize other
persons to use your Username and Password in any manner, said authorizations
will be considered unlimited in amount and manner until you have notified us in
writing that you have revoked the authorization and changed the Username and
Password. You are responsible for any transactions made by such persons until
you notify us that transactions by that person are no longer authorized and we
have a reasonable opportunity to act upon the change of your Username and
Password. Transactions that you or someone acting with you initiates
with fraudulent intent are also authorized transactions. We may revoke your
HOME BANKING and/or
BILL PAY SERVICES access
at any time without notice to you.
4. TRANSACTIONS THAT ARE NOT COMPLETED. If we fail to
complete a transfer to or from your Accounts or Designated Bill Pay Account on
time, in the correct amount, and we have agreed to perform it, with certain
exceptions, we will be liable for your losses or proximate damages. Section III.
2. of this Agreement lists a number of situations in which we do not agree to
complete withdrawals or transfers. We also will not be liable:
-
If we have terminated this Agreement;
-
If the funds in your Accounts are subject to legal process or other
encumbrance restricting the transaction;
-
If circumstances beyond our control such as interruption of telephone service
or telecommunication facilities, natural disaster such as fire or flood, or
handling of payments by a third party prevent the transfer, despite reasonable
precautions taken by us;
-
If you have not properly followed instructions for using HOME BANKING
AND/OR BILL PAY SERVICES;
-
If your operating system or software was not properly installed or
functioning properly;
-
If you, or anyone authorized by you, commits any fraud or violates any law or
regulation;
-
If you have reported an unauthorized use of your Password, reported it as
stolen, or requested that we issue a new Password, and we have as a result
refused to honor the original Password, or as otherwise stated in your Account
Agreement.
-
There may be other exceptions as provided by applicable law.
VI. ADDITIONAL PROVISIONS APPLICABLE ONLY TO BUSINESS
ACCOUNTS (OTHER THAN SOLE PROPRIETOR ACCOUNTS)
1. You agree that we may send notices and other
communications, including Password confirmations, to the current address shown
on our records, whether or not that address includes a designation for delivery
to the attention of any particular individual. You further agree that WPCU will
not be responsible or liable to you in any way if information is intercepted by
an unauthorized person, either in transit or at your place of business. You
agree to (a) keep your Username or Password secure and strictly confidential,
providing it only to authorized signers on your accounts; (b) instruct each
person to whom you give your Username or Password that he or she is not to
disclose it to any unauthorized person; and (c) immediately notify us and select
a new Username or Password if you believe your Username or Password may have
become known to an unauthorized person. Contacting us right away will help you
reduce possible losses. Telephoning us is the best way to notify us. Call us or
write to us at the telephone number or address set forth in Section V. 1.
(above). YOU ARE FULLY RESPONSIBLE FOR ANY TRANSACTIONS MADE BY USE OF YOUR
USERNAME OR PASSWORD TO ACCESS YOUR ACCOUNTS. YOU AGREE TO IMMEDIATELY REIMBURSE
US FOR ANY LOSS, CLAIM, OR DAMAGE WHICH WE SUSTAIN AS A RESULT OF THE USE OF ANY
USERNAME OR PASSWORD ISSUED AT YOUR REQUEST TO ACCESS YOUR ACCOUNTS. WE WILL
HAVE NO LIABILITY TO YOU FOR ANY LOSS, CLAIM, OR DAMAGE WHICH YOU SUSTAIN AS A
RESULT OF THE UNAUTHORIZED USE, PAYMENT, OR TRANSFER MADE USING YOUR USERNAME OR
PASSWORD. EXCEPT AS OTHERWISE PROVIDED BY LAW, WE WILL HAVE NO LIABILITY TO YOU
FOR ANY LOSS, CLAIM, OR DAMAGE EVEN IF YOUR USERNAME OR PASSWORD IS LOST, STOLEN
OR OBTAINED OR RETAINED BY A PERSON NOT AUTHORIZED BY YOU TO INITIATE ELECTRONIC
FUNDS TRANSFERS AND EVEN IF THE USE OCCURS AFTER YOU HAVE ASKED US TO DEACTIVATE
THE USERNAME OR PASSWORD, WHETHER OR NOT WE HAVE ACTED ON THAT REQUEST. We may
suspend or cancel your Username or Password even without receiving such notice
from you, if we suspect your Username or Password is being used in an
unauthorized or fraudulent manner.
2. By using
HOME BANKING and
BILL
PAY SERVICES you acknowledge and agree that this Agreement sets forth
security procedures for electronic banking transactions that are commercially
reasonable. You agree to be bound by instructions, whether authorized or
unauthorized, which we implement in compliance with these procedures.
3. LIMITATION OF WPCU'S LIABILITY FOR PAYMENT OR TRANSFERS TO OR FROM
ACCOUNTS WITHIN WPCU: If we fail or delay in making a payment or
transfer pursuant to your instructions, or if we make a payment or transfer in
an erroneous amount that is less than the amount per your instructions, unless
otherwise required by law, our liability shall be limited to dividends
(interest) on the amount that we failed to timely pay or transfer, calculated
from the date on which the payment or transfer was to be made until the date its
was actually made or you canceled the instructions. We may pay such interest
either to you or the intended recipient of the payment or transfer, but in no
event will we be liable to both parties, and our payment to either will fully
discharge any obligation to the other. If we make a payment or transfer in an
erroneous amount that exceeds the amount per your instructions, unless otherwise
required by law, our liability will 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 WPCU BE
LIABLE TO YOU FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT
LIMITATION, LOST PROFITS OR ATTORNEY'S FEES, EVEN IF WE WERE ADVISED IN ADVANCE
OF THE POSSIBILITY OF SUCH DAMAGES. Please note that if you give or make
reasonably available, your Username or Password or other access devise or code
to anyone, you may be liable for any use made of such until you advise us that
such person is not authorized to use your Username or Password or access device
and we have had a reasonable opportunity to act on your notice.
4. LIMITATION OF LIABILITY FOR BILL PAY SERVICES. You agree
that the Password security described in this Agreement sets forth security
procedures for electronic transfers that are commercially reasonable. For
payment requests from Business Accounts, which are subject to Ohio Revised Code
Chapter 1304 (Article 4A of the Uniform Commercial Code ("UCC 4A")), we are
liable only for damages required to be paid under UCC 4A. In no event will we be
liable for any special, indirect, or consequential loss, damage, costs or
expense of any nature, including, without limitation, lost profits, even if we
have been informed of the possibility of such damages, except as may be required
by law.
VII. GENERAL PROVISIONS FOR ALL SERVICES AVAILABLE
THROUGH THIS HOME BANKING SITE
1. LIMITATION OF LIABILITY. IN NO EVENT WILL WE, OR ANY OF
OUR SUBSIDIARIES OR AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE (WHETHER CAUSED BY US, THE HARDWARE OR SOFTWARE OR
A SYSTEM-WIDE FAILURE), FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL,
INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST
OF PROCURING SUBSTITUTE SERVICE, LOST OPPORTUNITY OR ANY OTHER LOSS OR INJURY)
ARISING OUT OF OR IN CONNECTION WITH WPCU HOME BANKING SERVICES OR BILL PAY
SERVICES OR WITH ANY AND ALL OTHER SERVICES THAT YOU CAN ENROLL IN THROUGH THIS
SITE OR FROM A LINK FROM THIS SITE (HEREINAFTER "ONLINE SERVICES"), THE DELAY OR
INABILITY TO ACCESS OR USE THE ONLINE SERVICES, TO THIS SITE OR A LINKED SITE,
EVEN IF WE ARE MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON
LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH
MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR
COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., IF YOU
CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT,
OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE EVENT. WE
CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ONLINE
SERVICES. IN STATES THAT DO NOT ALLOW EXCLUSION OR LIMITATION OF LIABILITY FOR
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IS LIMITED
TO THE EXTENT PERMITTED BY APPLICABLE LAW.
2. DISCLAIMER OF WARRANTIES. ALL CONTENT, PRODUCTS, AND
SERVICES AVAILABLE ON OR THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, SECURITY, COMPLETENESS, ACCURACY
OR FREEDOM FROM COMPUTER VIRUS, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED
BY LAW.
3. STOP PAYMENTS. The transactions you make on
HOME
BANKING and
BILL PAY SERVICES are "real time"
transactions and cannot be canceled except by performing corresponding reverse
transactions. If you use
BILL PAY SERVICES or transfer money
into a third party account, transfer money into your Accounts, or make payments
on your Loan Accounts, you will not be able to reverse that transaction. You can
use
HOME BANKING to place a stop payment order on any check
drawn on your Account that has not been paid, certified, or issued through the
BILL PAY system. Stop payments orders cannot be made on cashier's checks or
money orders. Stop payment orders made through
HOME BANKING are
effective for six months. You can also renew previous stop payment orders. We do
not have to notify you when a stop payment order expires. In order to place a
stop payment order you must provide us with the exact Account number and the
number on the check. You understand that the exact information is necessary for
the Credit Union computer to be able to identify the check. We will not be
responsible if the information you give is not correct. We are entitled to a
reasonable amount of time after you give a stop payment order to notify our
employees. If we re-credit your Account after paying a check over a valid stop
payment order, you agree to transfer to us all of your rights against the Payee
or other holder of the check, and to assist us in legal action taken against
that person later on. A release or cancellation of a stop payment order may be
given by any person who is authorized to use your Username or Password and draw
checks against the Account. You agree that the stop payment order fee listed on
the General Fee Schedule will be deducted from your Account.
4. OUR RULES, REGULATIONS AND OTHER AGREEMENTS. In addition
to this Agreement, you may have separate agreements for each of your Accounts
and/or Designated Bill Pay Accounts. In addition, your Accounts and/or
Designated Bill Pay Accounts are also subject to the WPCU Membership and Account
Agreement, Funds Availability Disclosure, General Fee Schedule, and WPCU rules
and regulations. Your Accounts and/or Designated Bill Pay Accounts may also be
subject to other agreements for other services, such as Mobile Banking, and Wire
Transfer services. Those agreements will continue to apply to each of your
Accounts. If this Agreement conflicts with another agreement or another
agreement has terms that are not addressed in this Agreement, then the other
agreement will control and take precedence, unless this Agreement specifically
states otherwise. The other agreement will only control with respect to the
service it is associated with, and only to the extent necessary to resolve the
conflict or inconsistency.
5. EVIDENCE. If we go to court for any reason, we can use a
copy, microfilm, microfiche, or photograph of any document or agreement to prove
what you owe or that a transaction has taken place and the copy, microfilm,
microfiche, or photograph will have the same validity as the original.
6. TERMINATING THIS AGREEMENT. You can terminate this
Agreement at any time by notifying us in writing and no longer using your
Username or Password. We can also terminate this Agreement at any time. Whether
you terminate the Agreement or we do, the termination will not affect your
obligations under this Agreement, even if we allow any transaction to be
completed with your Username or Password after this Agreement has been
terminated.
7. CHANGING THIS AGREEMENT. EXCEPT AS OTHERWISE REQUIRED BY
LAW, WE MAY IN OUR SOLE DISCRETION CHANGE THE TERMS OF THIS AGREEMENT FROM TIME
TO TIME AND AT ANY TIME. THIS MAY INCLUDE ADDING NEW OR DIFFERENT TERMS TO, OR
REMOVING TERMS FROM, THIS AGREEMENT. When changes are made we will update this
Agreement on the website. The website will be updated on or before the effective
date of the change, unless an immediate change is necessary to maintain the
security of the system or unless a law, rule, or regulation requires that it be
updated at an earlier time. You will be notified as soon as possible when any
changes are made which materially affect your rights, such as changes regarding
how your information is maintained or used, or changes to this Agreement. You
will be notified of such changes in the Credit Union's monthly newsletter, the
MemberMatters, and/or in a special mailing to members
with
ONLINE SERVICE. Your continued use of
ONLINE
SERVICE constitutes acceptance of all changes to the terms and
conditions of this Agreement.
8. NOTICES. All notices from us will be effective when we
have mailed them or delivered them to the last Address that we have for you in
our records. We may send notices to you by Electronic Messaging. Notices from
you will generally be effective once we receive them at Wright-Patt Credit
Union, Inc., P. O. Box 286, Fairborn, Ohio 45324, Attention:
HOME
BANKING SERVICES. You may use Electronic Messaging to contact us about
inquiries, maintenance and/or some problem resolution issues. Even though it is
a secure messaging system, we do not recommend that you send confidential
personal or financial information. Notices under Section V. 2. ("Liability for
Unauthorized Transactions") will be effective once you have done whatever is
reasonably necessary to give us the information we need-such as by telephoning
us. There may be times when you need to speak with someone immediately
(especially to report a lost or stolen Password, or to stop a payment). In these
cases,
do not use Electronic Messaging; instead, call our
Contact Center at 1-937-912-7000 or 1-800-762-0047.
9. COLLECTION EXPENSES. If we ever have to file a lawsuit to
collect what you owe us, you will pay our reasonable expenses, including
attorney's fees.
10. SHARING YOUR PERSONAL INFORMATION WITH OTHERS. The
importance of maintaining the confidentiality and privacy of the information
provided by our members is one of our highest priorities. You should carefully
review our Privacy Statement that is deemed a part hereof by this reference. We
recognize the importance of protecting the confidentiality of your personal
information. Personal information includes all of the personally identifying
information that you provide to us in connection with the Account and use of
ONLINE SERVICES.
11. Use of Cookies. The ONLINE SERVICES require cookies to be
enabled; however, the cookie does not contain Username or Password
information.
12. INFORMATION ABOUT YOUR DESIGNATED ACCOUNTS. You
authorize us to obtain any information deemed necessary to process your
application for access to
ONLINE SERVICES. Additionally, you
agree that we will disclose information to third parties about your Accounts and
Designated Bill Pay Accounts or the
ONLINE SERVICE transactions
you make:
-
Where it is necessary for completing or documenting transactions or resolving
errors involving transactions;
-
In order to verify the existence and condition of your Accounts and
Designated Bill Pay Accounts;
-
In order to comply with orders or subpoenas of government agencies or courts;
or other legal process or in order to give information to any government;
or
-
If you give us written permission.
13. APPLICABLE STATE LAW. This Agreement shall be governed
by and construed in accordance with the laws of the State of Ohio. Your existing
Account relationships shall continue to be governed by and construed in
accordance with your Account Agreement. If any term of this Agreement cannot be
legally enforced, this Agreement is to be considered changed to the extent
necessary to comply with the law.
14. WAIVER. Our failure to act with respect to a breach by
you or others does not waive our right to act with respect to subsequent or
similar breaches. We may agree in writing to waive a provision of this
Agreement, including a fee. We may revoke any waiver.
15. HEADINGS. Headings are for reference only and in no way
define, limit, construe, or describe the scope or extent of such section.
16. OWNERSHIP OF WEBSITE. All content on this website is
copyrighted by Wright-Patt Credit Union, Inc. and the unauthorized use,
reproduction, linking or distribution of any portion is strictly prohibited. All
information, including designs, content and images, related to
HOME
BANKING is owned by Intuit, Inc. or us and/or licensed to us. All
information, including designs, content and images, related to
BILL
PAY is owned by FIS, Inc. or us and/or licensed to Intuit, Inc. or us.
Other trademarks logos and service marks ("Marks") displayed on this website to
identify the source of services and products are our property or the property of
their respective third-party owners. All information and content including any
software programs available on or used to access this website ("Content") is
proprietary to their respective owners. You are prohibited from modifying,
copying, distributing, transmitting, displaying, publishing, selling, licensing,
creating derivative works or using any of the Marks or Content available on or
through this website for commercial or public purposes.
-
We prohibit caching, unauthorized links to this website and framing of any
Content available through this website. We reserve the right to disable any
unauthorized links or frames and specifically disclaim any responsibility for
the content available on any other Internet sites linked to this website.
Accessing any other Internet sites linked to this website is at your own risk.
You should be aware that linked Internet sites may contain rules and
regulations, privacy provisions, confidentiality provisions, transmission of
personal data provisions, and other provisions that differ from the provisions
provided on this website. We are not responsible for such provisions and
expressly disclaim any and all liability related to such provisions.
-
All other provisions hereof notwithstanding, postings by a user on any
message board or in any chat room will not be protected as confidential and we
may use and provide information contained in any such postings (including any
ideas, concepts, know-how or other intellectual property) to any of our
subsidiaries and/or affiliates for any purpose whatsoever and as deemed
appropriate by us.
17. DISPUTE RESOLUTION PROGRAM: ARBITRATION PROVISION
-
NOTWITHSTANDING ANY OTHER AGREEMENT YOU HAVE WITH US, YOU AND WE MUTUALLY AND
WILLINGLY WAIVE THE RIGHT TO A TRIAL BY JURY OF ANY AND ALL CONTROVERSIES,
CLAIMS OR DISPUTES ("DISPUTES") BETWEEN OR AMONG EITHER YOU OR US ARISING OUT
OF, OR RELATING TO, THIS AGREEMENT AND USE OF ONLINE SERVICES. FURTHER YOU AND
WE AGREE THAT NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE ANY
DISPUTE BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY
ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN
ANY ARBITRATION IN INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY
GENERAL CAPACITY.
-
In the event of any Dispute arising from or relating to this Agreement or
other ONLINE SERVICES or the alleged breach thereof, the
Parties agree to use their best efforts to consensually settle such Dispute. If
they do not reach such a resolution within a period of sixty (60) days, then,
upon notice by either Party to the other, all such Disputes shall be finally
settled by binding arbitration, before a single arbitrator, with expertise in
the substantive laws applicable to the subject matter of the Dispute,
administered by the American Arbitration Association (the "AAA") in accordance
with the provisions of its Commercial Arbitration Rules. The arbitration shall
be conducted in the County of Greene, State of Ohio. The individual who will
serve as the arbitrator and the rules under which the arbitration will be
conducted will be determined by mutual agreement of the Parties. If the Parties
are unable to agree on any such matters, within fifteen (15) days of the initial
request, then those matters upon which the Parties are unable to agree will be
determined by the AAA in its sole and absolute discretion. The final decision of
the arbitrator may be reduced to, and entered as, a judgment in any court of
competent jurisdiction. Notwithstanding anything to the contrary contained in
this Arbitration Provision or elsewhere in this Agreement, any claim for
equitable relief only may be brought at any time in any court of competent
jurisdiction.
-
A filing fee is required to be paid to the AAA when the demand or request for
arbitration is submitted. This fee must be paid by the Party initiating the
arbitration procedure. However, if a Party initiates a lawsuit, which lawsuit is
stayed by the Arbitration Provision, the plaintiff in the lawsuit must pay the
filing fee.
-
The losing Party to the arbitration is liable for all administrative fees for
the arbitration. If the arbitrator finds that more than one Party to the
arbitration proceedings is at fault, the arbitrator shall order the division of
the administrative fees between such Parties.
-
In order to commence the arbitration proceeding with the American Arbitration
Association, it is necessary to file a "Demand for Arbitration". A notice for
"Demand for Arbitration may be obtained from:
The American Arbitration Association
444 Vine Street Suite
3308
Cincinnati, Ohio 45202-2973
Telephone Number (513) 241-8434
Or by
visiting the AAA website at www.adr.org
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This Arbitration Provision and the exercise of any right you and we have
under this Arbitration Provision do not stop you or us from exercising any
lawful rights to use other remedies available to preserve, foreclose, or obtain
possession of real or personal property; exercise self-help remedies, including
setoff and repossession rights; or obtain provisional or ancillary remedies such
as injunctive relief, attachment, garnishment, or court appointment of a
receiver by a court having jurisdiction.
-
You and we each agree to take all necessary steps and execute all documents
necessary for the implementation of arbitration proceedings so, to the extent
possible, the arbitration proceeding is completed within 180 days of the filling
of the Dispute. The Parties agree not to disclose the existence, content, or
results of the arbitration except for disclosures of information required in the
ordinary course of business or permitted by applicable law or regulation. This
provision shall be liberally construed in order to ensure the enforcement of
this Arbitration Provision.
-
All statutes of limitations applicable to any Dispute apply to any
arbitration between the Parties. The provisions of this Arbitration Provision
will survive termination, amendment, or expiration of your account relationship.
If more than one arbitration agreement entered into by you and us is potentially
applicable to a Dispute, the one most directly related to the Account or
transaction that is the subject of the Dispute will control.
-
If any term of this Arbitration Provision shall for any reason be held
illegal, invalid or unenforceable, in any respect, such illegality, invalidity,
or enforceability shall not affect any other terms of this Arbitration
Provision, which shall be construed as if such illegal, invalid, or
unenforceable terms had never been contained in this Arbitration
Provision.
Schedule 1
WPCU Home Banking and Bill Pay Fee
Schedule
WPCU HOME BANKING
BILL PAY Services
| Consumer Accounts |
FREE |
| Business Accounts |
$.31 per item |
EXPEDITED BILL PAY FEES
| Electronic |
$ 4.99 |
| Check (Overnight Delivery) |
$24.99 |
POP MONEY FEES
| Standard |
FREE |
| Expedited |
$ 2.99 |
Other specific account fees are contained in the individual Account
Disclosures or in the General Fee Schedule.
THANK YOU FOR USING
HOME BANKING AND
BILL
PAY.
FOR DETAILS RELATING TO OTHER ONLINE SERVICES SEE THE
APPLICABLE ADDENDUM AVAILABLE FROM THIS WEBSITE
