Privacy

INFORMATION

Bank Privacy and Legal Disclosures

Funds Availablity



FUNDS AVAILABILITY RULES AND REGULATIONS UNDERSTANDING YOUR DEPOSIT ACCOUNT AND YOUR ABILITY TO WITHDRAW FUNDS AT DAVIS TRUST COMPANY
227 DAVIS AVENUE, P.O. BOX 1429 ELKINS, WV 26241
MEMBER FDIC

Our policy is to make funds from your deposits available to you on the first business day after the day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once they are available, you can withdraw the funds in cash and we will use the funds to pay checks that you have written.

Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit.

For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before 3:00 P.M. at the Main Bank or 3:00 P.M. at the ATM machine on a business day that we are open, we will consider that to be the day of your deposit. However, if you make a deposit after these cut-off times, or on a day we are not open, we will consider that the deposit was made on the next business day we are open.


LONGER DELAYS MAY APPLY

In some cases, we will not make all of the funds that deposit by check available to you on the first business day after the day of your deposit. Depending on the type of check that you deposit, funds may not be available until the second business day after the day of your deposit. However, the first $200 of your deposits will be available on the first business day.

If we are not going to make all of the funds from deposit available on the first business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit.

In addition, funds you deposit by check may be delayed for a longer period under the following circumstances you will need the funds from a deposit right away; you should ask us when the funds would be available.

In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:

  • We believe a check you deposit will not be paid.
  • You deposit checks totaling more than $5,000 on anyone day.
  • You redeposit a check that has been returned unpaid.
  • You have overdrawn your account repeatedly in the last six months.
  • There is an emergency, such as failure of communications or computer equipment.

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit.


SPECIAL RULES FOR NEW ACCOUNTS

If you are a new customer, the following special rules will apply during the first 30 days your account is open.

Funds from electronic direct deposits into your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,000 of a day's total deposits of cashier's, certified, teller's, traveler's, and federal, state and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over $5,000 will be available on the seventh business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,000 will not be available until the second business day after the day of your deposit.

Funds from all other check deposits will be available on the seventh business day after the day of your deposit.

EFT Disclosures



ELECTRONIC FUND TRANSFER DISCLOSURE

As provided for by Federal Law, you have certain rights, liabilities, and responsibilities as a user of electronic fund transfer services. These services include direct deposit of recurring payments, automatic payment of utility bills or insurance premiums, ATM Card, Davis Trust Online Banking, Davis Trust Electronic Bill Pay Service, and any other transfers effected through an Automated Clearing House. This disclosure is provided to all customers who are consumers, having accounts established primarily for personal, family, or household purposes and not intended for business or commercial accounts. Please read the following information and keep it for future reference.


TRANSFER PROCESSING

Our Business days are Monday through Friday. Bank holidays are not included.

DATE OF TRANSFER REQUEST

On a business day - before 3:00 pm EST
On a business day - after 3:00 pm EST
On a day other than a business day (includes Sat. & Sun.)

DATE TRANSFER WILL BE MADE

Same business day the transfer is requested
The Next business day after the transfer is requested
The Next business day after the transfer is requested


YOUR LIABILITY

Contact us as soon as possible if you discover an error, meaning any unauthorized, incorrect or erroneous transaction, or if you believe that your accounts were or may be accessed by an unauthorized person, or if you need more information about a transaction listed on your statement or account summary. Identify to us your name, account number, and why you believe that the error exists. Include, to the extent possible, the date, type, and amount of the error. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (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.

To contact us:

Call: (304) 636-0991
OR
Write to:
DAVIS TRUST COMPANY
227 Davis Avenue, P.O. Box 1429
Elkins, WV 26241

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:

  1. If through no fault of ours, you do not have enough money in your account to make the transfer or bill payment, or the funds in your account are not immediately available for completing a transaction;
  2. If the transfer would go over the credit limit on your overdraft line;
  3. If the automated teller machine where you are making the transfer does not have enough cash;
  4. If your computer, our computer, the software, the communication line, or the terminal/system was not working properly and you knew about the breakdown when you started the transfer;
  5. If circumstances beyond our control (such as fire or flood) prevent the transfer or bill payment despite reasonable precautions that we have taken.
  6. If we have placed a “hold” on funds in your account in accordance with your knowledge or reasonable business procedures;
  7. If we have received incomplete or inaccurate information from you or from a third party;
  8. If you or we have closed your account; or
  9. There may be other exceptions stated in our agreement with you.

DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

We will disclose information to third parties about your account or the transfers you make as follows:

  1. Where it is necessary for completing transfers;
  2. In order to verify the existence and condition of your account for a third party such as a credit bureau or merchant;
  3. In order to comply with government agency or court orders;
  4. If you give us your written permission.

DEBIT AND ATM CARDS

Tell us at once if you believe your card or Personal Identification Number has been lost or stolen. Telephoning is the best way of minimizing your potential losses. You could lose all your money in your account plus your maximum line of credit. If you tell us within two (2) business days, you can lose no more than fifty ($50) dollars if someone used your card or Personal Identification Number without your permission. If you DO NOT tell us within two (2) business days after you learn of the loss or theft of your card or Personal Identification Number, and we can prove we could have stopped someone from using your card or Personal Identification Number without your permission if you had told us, you could lose as much as five hundred ($500) dollars.


ATM - Types of Transfers

Unless you specify a different account during Automated Teller Machine (ATM) transactions, your Primary Account will be used for your transactions. Your Primary Account number and information may be obtained from the ATM Request Form. You may use the automated teller machine (ATM) card and personal identification number (PIN) issued to you to initiate transactions at ATMs of ours, ATMs within the networks identified on your card and such other facilities as we may designate from time to time.

At present you may use your card to:

  1. Deposit funds to your checking account;
  2. Withdraw cash from your checking account;
  3. Deposit funds to your savings account;
  4. Withdraw cash from your savings account;
  5. Transfer funds between your checking and savings accounts;
  6. Obtain balance information on your deposit accounts;
  7. Make purchases or withdrawals at certain merchant locations by means of an electronic charge to your checking account;
  8. You may withdraw up to a maximum of $100.00 per day unless you have been approved for a higher limit;
  9. Some of these services may not be available at all ATMs.

Fees and Charges for ATM Transactions

  1. We do not charge for any ATM transactions unless you use an ATM not owned or sponsored by Davis Trust Company.
  2. If you use an ATM that is not operated by us, you may be charged a fee by the operator of the machine and/or by an automated transfer network.
  3. There is a Replacement Card Fee of $10.00 per card.

Regional and National ATM Fees

ATM Regional Network Fees
Inquiry Fee $1.00
Deposit Fee $1.00
Transfer Fee $1.00
Debit Fee $1.00
ATM National Network Fees
Inquiry Fee $1.00
Deposit Fee $1.00
Transfer Fee $1.00
Debit Fee $1.00

ATM SAFETY TIPS

As issuers of Automated Teller Machine (ATM) access devices, we have provided for your information a list of safety precautions regarding the use of automated teller machines. Please read the following safety tips:

  • Be aware of your surroundings, particularly at night.
  • Consider having someone accompany you when the automated teller machine is used after dark.¬
  • It is appropriate to politely ask someone who is uncomfortably close to you to step back before you complete your transaction.
  • Refrain from displaying your cash. Pocket it is as soon as your transaction is completed. Count the cash later in the safety of your car or home.
  • Consider using another automated teller machine or coming back later if you notice anything suspicious. If you are in the middle of a transaction and you notice something suspicious, cancel the transaction, pocket your ATM access device and leave.
  • Go to the nearest public area where people are located if you are followed after making a transaction.
  • Report all crimes to law enforcement officials immediately.

DAVIS TRUST ONLINE BANKING

Access your account information 24 hours a day, 7 days a week. Inquire about your Checking accounts, Savings accounts, CDs, lRAs, and Loans. Current Rate Information is also available. You may access your deposit and loan accounts by using your customer ID and confidential password you have chosen. At the present time you may use the system to:

  • Transfer funds between your deposit accounts (Exclusive of CDs and lRAs);
  • Obtain balance information on your deposit and loan accounts;
  • Determine if a particular check or deposit has cleared your account;
  • Export your account data into Quicken or Quick Books software.

There are no limits on the number of inquires or transfers you may make per day. Your transfers are only limited to the dollar amount available in the account you are transferring funds from. There are also no fees incurred for this service.

Contact us as soon as possible if you discover an error, meaning any unauthorized, incorrect or erroneous transaction, or if you believe that your accounts were or may be accessed by an unauthorized person, or if you need more information about a transaction listed on your statement or account summary. Identify to us your name, account number, and why you believe that the error exists. Include, to the extent possible, the date, type, and amount of the error. We must hear from you within sixty (60) days after we send the FIRST statement on which the problem appears. To contact us:

Call:

(304) 636-0991
OR
Write to:
Davis Trust Company
227 Davis Avenue, P.O. Box 1429
Elkins, WV 26241


DAVIS TRUST COMPANY ELECTRONIC BILL PAY SERVICE

You can pay your bills electronically 24 hours a day, 7 days a week with our Davis Trust Company Personal Bill Pay Service. Since our Bill Payment Service provider does not directly or indirectly hold accounts, or enter into agreements with consumers to provide them electronic funds transfer services, it is the bill payment service provider's position that it is not a 'financial institution' as defined under Regulation E. Therefore, although the bill payment service provider will follow procedures and provide services to handle customer inquiries related to automated bill payments in a timely manner, pursuant to the agreement with its' customer, the ultimate responsibility for Regulation E compliance remains with the bill payment service provider's customer, the financial institution or Davis Trust Company.

There is no charge for Davis Trust Company Personal Online Bill Payment for our personal banking customers.

Contact our ONLINE BILL PAYMENT CUSTOMER SERVICE PROVIDER if you have a specific question in regards to an online bill payment processing issue (i.e. when an online bill payment was made), or if you need to request a stop payment for an online bill payment made by a paper check. When contacting Online Bill Payment Customer Service to check on an online bill payment, please have your bill payment confirmation number available. You can contact Online Bill Payment Customer Service toll-free at 1-877-268-1990. Their hours of operation are 24 hours a day, 7 days a week.

Contact us at Davis Trust Company, at the above address under the Online Banking Section, if you have any questions about how to register or use the Personal Online Bill Payment service, or if you would like to cancel the service.


PERIODIC STATEMENTS

You will get a monthly account statement from us. However, if the only possible electronic fund transfers is a direct deposit to your savings account, your statement will be quarterly; if you bring in your savings account passbook to us, we will record any electronic deposits that were made to your account since the last time you brought in your passbook. If you need to confirm a direct deposit before you receive your statement, call the following toll-free telephone number 1-877-472-9278 and utilize our automated CenterVoice telephone banking system to check your deposit.


STOP PAYMENT PROCEDURE AND FEE

If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here's how:

Call:

(304) 636-0991
OR
Write to:
Bookkeeping Department
Davis Trust Company
227 Davis Avenue, P.O. Box 1429
Elkins, WV 26241

This must be done in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. Tell us the name of the person receiving the payment, the amount of the payment and the payment date. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. If we require you to put your stop payment in writing, your oral request will cease to be binding fourteen (14) days after it was made. We will charge you our normal fee for each stop payment order you give which is $25.00 per request.

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.

Stop payment requests in regards to online bill payments are initiated through the online bill payment processor and an additional fee may apply. See our Bank Fee Schedule for additional information.


IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS

Call:

(304) 636-0991
Or
Write to:
Davis Trust Company
227 Davis Avenue, P.O. Box 1429
Elkins, WV 26241

Contact us as soon as possible if you think your statement is 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 sixty (60) days after we sent the FIRST statement on which the problem or error appeared.

  1. Tell us your name and account number (if any)
  2. 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.
  3. 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 (20 business days for new accounts) after we hear from you and we will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days for new accounts or point-of sale or foreign initiated transfers) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days for new accounts) for the amount you think is in error, so that you will have use of that money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. An account is considered a new account for 30 days after the first deposit is made, if you are a new customer.

If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.


TERMINATION OF ELECTRONIC FUND TRANSFER SERVICES

You agree that we may terminate this Agreement and your use of the ATM CARDS, DAVIS TRUST ONLINE BANKING, or DAVIS TRUST ELECTRONIC BILL PAY services, if:

  1. You or any authorized user breach this or any other agreement with us;
  2. We have reason to believe that there has been unauthorized use of any of your electronic fund transfer services;
  3. We notify you or any other party to your account that we have canceled or will cancel this Agreement;
  4. You or any other party to your account can terminate this Agreement by notifying us in writing.

Termination of service will be effective the first business day following receipt of your written notice. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.


OTHER PROVISIONS

There may be a delay between the time a deposit is made and when it will be available for withdrawal. You should review our Funds Availability Policy to determine the availability of the funds deposited at ATMs. We reserve the right to refuse any transaction that would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account.

Fees related to electronic fund transfer services may be changed at any time at the discretion of Davis Trust Company; however, thirty (30) days notice will be given before the effective date of any change.

Terms and Conditions



Davis Trust Company
Online Banking Agreement Terms and Conditions

This online agreement and disclosure provides information about how you can bank online with Davis Trust Company. Davis Trust Company’s Online Banking service allows you to do much of your banking from any PC with Internet access, whenever and wherever you find it convenient.

This agreement contains terms and conditions that constitute an agreement regarding your participation in Davis Trust Company’s Online Banking service. BY USING THE ONLINE BANKING SERVICE YOU AGREE TO THESE TERMS AND CONDITIONS, INCLUDING THE LIMITATIONS ON DAVIS TRUST COMPANY’S LIABILITY AND THE RESPONSIBILITIES IMPOSED UPON YOU. Throughout this agreement "you" and "your" refer to any authorized signer on the account whether it be an account for personal or business purposes. "We", "us", "our", and "Bank" refer to Davis Trust Company.


Security and Protecting your Account

The security and confidentiality of our client's account information is very important. Protection of that information is jointly shared between you and the Bank. We employ several methods to protect your account information:

  1. The Bank has established a Privacy Policy explaining policies and procedures regarding the collection and use of your personal information.
  2. Use of Davis Trust Company’s Online Banking service requires the use of a valid Customer Number and Password before you can gain access to your account information.
  3. The Bank encourages you to use and supports various web browser encryption methods. The level of encryption is determined by your Internet Service Provider and is not part of the Bank's Online Banking service software. To find out what level of encryption your browser supports, click on the HELP button at the top of your browser and scroll down to "About (Browser Name}." The encryption level may be called cipher strength or refer to cryptography. If you are still unsure of the encryption level, or want to change your encryption level, contact your Internet Service Provider.
  4. If, while accessing online services, you take no action for 30 minutes (default) the Bank will automatically terminate the online session. You have the ability to change this default setting.
  5. All transactions conducted using the Bank's Online Banking Service will be detailed on your next periodic statement.

Your Responsibility

YOU ALSO SHARE IN THE RESPONSIBILITY OF PROTECTING YOUR ACCOUNT INFORMATION. As a Davis Trust Company Online Banking Service user you are expected to:

  1. MAINTAIN AND SECURE YOUR CUSTOMER NUMBER AND PASSWORD. Do not share your password with any person who is not an authorized signer on your account. Davis Trust Company will rely on your customer number and password to identify you and to execute banking instructions received through its Online Banking service software.
  2. BE WARY OF LEAVING ACCOUNT INFORMATION VISIBLE TO UNAUTHORIZED PERSONS.
  3. Do not leave your account information displayed where it is accessible to others.
  4. ALWAYS PROPERLY SIGN OFF THE SYSTEM AFTER COMPLETING YOUR ONLINE BANKING SESSION.

CONTACT US IMMEDIATELY IF YOU SUSPECT AN UNAUTHORIZED PERSON HAS KNOWLEDGE OF YOUR ONLINE PASSWORD, OR IF YOU THINK YOUR ACCOUNT HAS BEEN COMPROMISED IN ANY OTHER MANNER (SEE "YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS"). Telephoning is the best way to minimize losses, however at your option, E-mail or write us at Davis Trust Company. Telephone: (304) 636-0991. Mail: Online Banking Services, P.O. Box 1429, Elkins, WV 26241-1429.


Online Enrollment

Davis Trust Company’s Personal Online Banking service is easy to use. However, we require certain information to establish your online capabilities. When you complete our online registration some of the information we will request is as follows:

  1. Your Name
  2. Your Social Security Number or taxpayer identification number for businesses
  3. Your e-mail address
  4. Your Davis Trust Company account number(s) you would like to access on line

User Name and Password

Your User Name for login purposes is an Alternate ID Code that is linked to your social security number or Tax ID. You will need to choose a User Name and Password as part of the registration process. Your identity is authenticated through your User Name and Password. YOU ARE SHOULD CHANGE YOUR PASSWORD IF YOU FEEL YOUR PASSWORD MAY HAVE BEEN COMPROMISED. Personal accounts and Business accounts may not be accessed using the same User Name and Password. You may access most personal accounts on which you are an authorized signer under the User Name and Password. Using a separate User Name and Password you may access certain business accounts that have a common taxpayer identification number and on which you are an authorized signer.


Ineligible Accounts

We regret that some accounts are not eligible for Online Banking service. Dormant and inactive accounts as well as accounts requiring more than one signature for withdrawal cannot be accommodated.


Cost

Personal Online Banking and Bill Pay
Davis Trust Company’s Personal Online Banking access is a free service to personal banking customers. Davis Trust Company’s optional Personal Online Bill Pay is also a free service for our personal banking customers after an online banking relationship has been established.


Small Business Online Banking

A monthly fee of $2.00 per accessed account may be charged for businesses using our Small Business Online Banking Service. Charging of the fee will be determined on a case-by-case basis depending on the overall banking relationship.


Business Bill Pay

Davis Trust Company’s Business Bill Pay service has a monthly fee of $5.95, which includes payment of up to 12 bills and then $0.40 for each additional may be charged for businesses using our online Small Business Bill Pay Service. Charging of this fee will be determined on a case-by-case basis depending on the overall banking relationship.


Business Online Cash Management

Davis Trust Company offers online cash management. This advanced package offers the following features: online balance reporting, detailed daily activity statements, transfer funds between accounts, initiate stop payments requests, initiate out-going wire transfer requests, export payroll disbursements to the Bank and sweep and consolidate your account balances. Please contact the bank for additional information and costs for this service.

If we decide to make any additional charges or increase the current charges in the future for any Online Banking service, we will notify affected customers at least 30 days before the effective date of the change.


Transferring Funds

The Bank's Online Banking service accommodates transfers between any Davis Trust Company checking and savings account(s) (excluding Certificates of Deposits and IRA Accounts) that you have successfully enrolled online. The maximum amount you can transfer is equal to the available balance in your account, including funds available in a line of credit or an overdraft line of credit associated with a checking account. You are responsible for payment of advances on your credit line or overdraft line of credit initiated through online banking services. If your account does not have sufficient funds to complete a transfer on the date(s) you have told us to transfer funds, the transfer may not be completed, but if we do make the transfer as an accommodation to you, you will be responsible for any overdraft that is created. YOU ARE RESPONSIBLE FOR ALL TRANSFERS ORIGINATED WITH THE USE OF YOUR USER NAME AND PASSWORD INCLUDING FUNDS TRANSFERRED BY AN UNAUTHORIZED PERSON AS A RESUL T OF YOUR NEGLIGENCE. All transfers submitted before 3 p.m. Eastern Standard Time are effective the same business day. Transactions submitted after 3 p.m. will be effective the following business day.

You may make unlimited transfers to your savings or money market account, but you may not make more than six transfers or withdrawals (for money market accounts three of the withdrawals may be made by check) out of either account during any one monthly statement cycle. Transfers or withdrawals made by online (personal computer) or funds automatically transferred to another deposit account are counted toward the six permitted transfers or withdrawals. If your transactions exceed the limit we may charge you a fee for each transaction in excess of the maximum legally permitted. If you frequently exceed the maximum number of withdrawals we may close the account or transfer the funds to an account without withdrawal limitations.


Online Bill Pay

With Online Bill Pay, you can pay bills conveniently using any personal computer with Internet access from any enrolled checking account. The deadline for scheduling a payment to be included in the following day’s processing is 4:00 PM EST. If an attempt to schedule a payment occurs after this time the payment will be processed two days later. You can cancel or edit (correct) pending payments up to 12:30 PM EST on the day following the day you initially scheduled the payment.

Your payments will be deducted from your checking account within one to two business days after the process ("Pay Date") date you specify. If your "Pay Date" falls on a weekend or federal holiday, the payment will be processed the next business day. Please allow at least five business days between the "Pay Date" you designate and the due date on your bill for electronic payees and at least seven business days if the payee is paid by check.

Each payment amount will be deducted from your checking account and your monthly statement will provide a description of the transaction, which will serve as your proof of payment.

If you have enrolled in Online Bill Pay and you have told us in advance to make preauthorized payments from your account, any of these payments can be cancelled up to one day before the scheduled payment date.

Your bill payment service will be blocked if, at any time, an item is returned due to insufficient funds.

  1. Upon receipt of a return item, a block is automatically placed on your bill payment account. The block prevents further bill payments from being processed. The block remains in place for 5 business days, or until the return item is paid.
  2. Return items totaling less than $100.00 are automatically re-sent by the Bill Payment Processor.
  3. Regardless of the dollar amount, if the payment was sent electronically, it cannot be stopped. Debits to your account are automatically re-sent up to two additional times.
  4. 4. An account that has return items totaling $100.00 or more, and the payment was made by check, is handled as follows:
    1. Bill Payment processor contacts the Bank to verify the availability of funds.
    2. If funds are available, the return item(s) are re-sent.
    3. If funds are not available, the Bill Payment Processor stops payment on the check and written notification is sent to account holder (end user).
    4. Once a payment has been re-sent, the end user’s bill payment account remains blocked for 5 business days. During this time the account is blocked, no payments are processed. Other payments that may have been scheduled during this time period must be rescheduled. On the 5th business day, if no subsequent return items are received, the account is unblocked. For example, if a bill payment account is unblocked on Monday, the end user can have access on Tuesday.
    5. If the Bill Payment Processor is unable to stop payment on the check, or if the payment had been made electronically, a collection letter is sent to the end user requesting payment. The account remains blocked until the return item is paid. No additional payments are processed on the end user’s account during this time.

If applicable, an online bill payment NSF fee of $31.88 will apply for each online bill payment NSF occurrence. Further, a $25.00 stop payment fee will apply for each stop payment request related to the online Bill Payment Service. Please refer to our Bank Fee Schedule for more information.


Davis Trust Company’s Liability for Failure to Make Electronic Transfers

If we do not complete an online transfer or bill payment to or from your account on time or in the correct amount, according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable for instance:

  1. If through no fault of ours, you do not have enough money in your account to make the transfer or bill payment or the funds in your account are not immediately available for completing a transaction;
  2. If the transfer would go over the credit limit on your overdraft line;
  3. If your computer, our computer, the software, or phone line wasn't working properly and you knew about the breakdown when you started the transaction;
  4. . If circumstances beyond our control (such as a fire or flood) prevented the transfer or bill payment, despite reasonable precautions we have taken;
  5. If we have placed a "hold" on funds in your account in accordance with your knowledge or reasonable business procedures; or
  6. If we have received incomplete or inaccurate information from you or from a third party; or
  7. You or we have terminated your Davis Trust Company Online service or closed your account.

There may be other exceptions stated in other agreements we have with you. In addition we reserve the right not to process an electronic funds transfer or bill payment, if we believe we should not do so for security reasons. IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES IN EXCESS OF YOUR ACTUAL LOSS DUE TO OUR FAILURE TO COMPLETE A TRANSFER OR BILL PAYMENT AND WE WILL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.


Your Liability for Unauthorized Transfers (personal accounts only)

Contact us as soon as possible if you discover an error, meaning any unauthorized, incorrect or erroneous transaction, or if you believe that your accounts were or may be accessed by an unauthorized person, or if you need more information about a transaction listed on your statement or account summary. Identify to us your name, account number, and why you believe that the error exists. Include, to the extent possible, the date, type, and amount of the error. We must hear from you within sixty (60) days after we send the FIRST statement on which the problem appears. YOU MAY NOT GET BACK ANY OF THE MONEY YOU LOST AFTER THE SIXTY (60) DAYS IF WE CAN PROVE WE COULD HAVE STOPPED SOMEONE FROM TAKING THE MONEY IF YOU HAD TOLD US IN TIME. IF A GOOD REASON, SUCH AS A LONG TRIP OR HOSPITAL STAY, PREVENTS YOU FROM TELLING US, WE MAY EXTEND THESE TIME PERIODS BY A REASONABLE TIME.

To contact us:

(304) 636-0991
OR
Write to:
Davis Trust Company
227 Davis Avenue, P.O. Box 1429
Elkins, WV 26241-1429

In case of errors or questions about your electronic transfers telephone or contact at the phone number or address listed above. If you notify us within two business days after you discover that someone has unauthorized knowledge of your online banking service password or that someone has transferred or may transfer money from you account without your permission, you can lose no more than $50.00 if someone used your online banking service password without your permission. If you do not tell us within two business days after you learn of the loss of your password or that someone has unauthorized knowledge of your password or of the unauthorized use of your password, and we can prove we could have stopped someone from using your online banking service password if you had told us, you could lose as much as much as $500. Business days are Monday through Friday, except federal holidays or state holidays.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will tell you the results of our investigation within 10 business days (20 business days for new accounts) after we hear from you and we will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days for new accounts or point-of sale or foreign initiated transfers) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days for new accounts) for the amount you think is in error, so that you will have use of that money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. An account is considered a new account for 30 days after the first deposit is made, if you are a new customer.

If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.


Your Liability for Unauthorized Transfers (Business Accounts Only)

You agree that, if necessary, Davis Trust Company may send confidential information including your User ID to the current address shown in our records for your checking account, whether or not our records include delivery instructions to a particular individual. YOU ALSO AGREE THAT Davis Trust Company WILL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY IN THE EVENT THAT SUCH PROPERLY ADDRESSED INFORMATION IS INTERCEPTED BY AN UNAUTHORIZED PERSON, EITHER IN TRANSIT OR AT YOUR ADDRESS. You agree (1) to keep your User ID and Password secure and confidential, providing them only to authorized signers on your accounts(s), (2) to instruct each person with whom you share your User ID and password that this information is not to be given to any unauthorized person; and (3) to immediately notify us if you believe your User Name and Password have been compromised and select a new Password.

Davis Trust Company SHALL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED PAYMENT OR TRANSFER MADE THAT OCCURS BEFORE YOU HAVE TOLD US OF POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD A REASONABLE TIME TO ACT ON THAT NOTICE. WE RESERVE THE RIGHT TO SUSPEND OR CANCEL YOUR ONLINE ACCESS, EVEN IF YOU HAVE NOTIFIED US OF UNAUTHORIZED ACCESS TO YOUR ACCOUNT (S), IF WE SUSPECT THE ACCOUNT IS BEING USED IN AN UNAUTHORIZED MANNER.

IF WE FAIL OR DELAY IN MAKING A PAYMENT OR TRANSFER IN ACCORDANCE WITH YOUR INSTRUCTIONS OR IF WE MAKE A PAYMENT OR TRANSFER IN AN INCORRECT AMOUNT WHICH IS LESS THAN THE AMOUNT IN YOUR INSTRUCTION TO US, UNLESS OTHERWISE REQUIRED BY LAW, OUR LIABILITY SHALL BE LIMITED TO INTEREST ON THE AMOUNT WHICH WE FAILED TO TIMELY TRANSFER, CALCULATED FROM THE DATE ON WHICH THE PAYMENT OR TRANSFER WAS TO BE MADE UNTIL THE DATE IT WAS ACTUALLY MADE OR YOU CANCELED THE INSTRUCTIONS. Our payment will be made either to you or to the recipient; in no event will payment be made to both parties. If we make a payment or transfer that exceeds your instruction or if we allow an unauthorized payment or transfer after we have reasonable time to act on a notice from you, unless otherwise required by law our liability shall be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, but in no event to exceed 60 days' interest

UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ATTORNEYS' FEES, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.


Termination of Online Banking or Online Bill Pay Service

Either you or we may terminate your Online Banking service or Online Bill Pay service. Upon termination of your Online Banking service or Online Bill Pay service, all pending payments as of the date of your service termination will be cancelled. If you terminate your Online Banking service or Online Bill Pay service, you must send written notice to Davis Trust Company, Online Banking Services, P.O. Box 1429, Elkins, WV 26241-1429. Termination of service will be effective the first business day following receipt of your written notice. We reserve the right to terminate the Online Banking service and Online Bill Pay service or your enrollment in this service at any time following not less than 10 days' notice to you. We may terminate your Online Banking service and Online Bill Pay service without prior notice to you if (1) we, within our sole discretion, suspect fraud or other illegal activity, or (2) any other reason for which the terms and conditions applicable to your enrolled account(s) permit us to close your enrolled account(s) without prior notice to you.


Other Account Agreements

The provisions in this agreement are part of (and in supplement to) Davis Trust Company’s Terms and Conditions for Depository Accounts and are subject to all the provisions in the Terms and Conditions for Depository Accounts. Each Davis Trust Company account that you designate to be included within the Online Banking Service and Online Bill Pay Service is also governed by the terms and conditions otherwise applicable to that kind of account as separately disclosed to you, either in the Terms and Conditions for Depository Accounts, applications and enrollment forms, the applicable personal or business fee schedules, credit or deposit agreements, our Privacy Policy or other written disclosures.


Use of E-mail

Correspondence through E-mail is an efficient and quick means of reaching the Bank and for the Bank to reach its clients. However, E-mail is not a secure means of communication. YOU ACKNOWLEDGE THE SECURITY LIMITATIONS OF YOUR USE OF E-MAIL TO COMMUNICATE WITH THE BANK AND RELEASE THE BANK OF ANY LIABILITY IN THE EVENT YOUR E-MAIL CORRESPONDENCE IS COMPROMISED.


New Services and Changes to this Agreement

The Bank, from time to time, may introduce new online banking services and/or change the terms and conditions of this Agreement. The Bank reserves the right to change the terms and conditions of this Agreement at any time, which includes the addition, deletion or fees of our Online Banking service. We shall update this Agreement on our website and notify through E-mail or account statement notification of the change. The change will be posted at least 30 days in advance of the effective date of any additional fees for online transactions, or for any stricter limits on the type or amount or frequency of transactions, or any increase in your responsibility for unauthorized transactions, unless an immediate change is necessary to maintain security of the service. By using the Online Banking service after the effective date of the change, you agree to be bound by the revised terms and conditions.


Assignment

The Bank may assign this Online Banking Agreement to its Holding Company or to any new, existing, or future direct or indirect subsidiary of its Holding Company or of the Bank. The Bank may also assign or delegate certain of its rights and responsibilities under this Online Banking Agreement to independent contractors or third parties.


Applicable Law

Except to the extent that Federal law is controlling, your rights, our rights, and the terms and conditions of this Agreement, this Agreement will be governed in all aspects by laws of the State of West Virginia without reference to principles of conflicts of laws. Any action brought in a court concerning this Agreement or the Online Banking service must be brought in a proper court in the County of Randolph, West Virginia.


Arbitration

If a dispute arises out of or relates to this Agreement, or any breach of this Agreement, the parties agree first to try in good faith to resolve the dispute by mediation administered by the American Arbitration Association (MA) under its Commercial Financial Disputes Mediation Rules, before resorting to arbitration. Thereafter, any unresolved controversy or claim arising out of or relating to this Agreement, or any breach of this Agreement, shall be resolved by arbitration administered by the MA in accordance with its then prevailing Commercial Financial Disputes Arbitration Rules. A single arbitrator shall settle the arbitration. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof pursuant to applicable law.

This Arbitration provision shall not apply to any loan or other transaction with Davis Trust Company documented with a promissory note, loan agreement, security agreement, trust deed, mortgage, land sales contract or other written agreement. The arbitrators shall not have the power to order specific performance of any obligation or duty of any party to this Agreement or to issue injunctions in connection therewith or otherwise.

Arbitrators appointed by the MA shall be appointed from the National Roster for Commercial Financial Disputes as provided in the Rules unless otherwise mutually agreed to by the parties. Mediators shall be appointed, with consent by the parties, from the National Panel of Mediators, when practicable, but otherwise by the MA with consent of the parties.


Acceptance

By using the Online Banking service you are agreeing to Davis Trust Company’s Online Banking Terms and Conditions and you are agreeing to accept delivery of the Terms and Conditions electronically. If you desire you may obtain an additional copy of the Terms and Conditions by visiting our Davis Trust Company office or telephoning us at (304) 636-0991.

Privacy Policy



At Davis Trust Company, Trust is not only part of our name, but it also forms the basis for the relationship we have with each one of our banking customers. We pledge to our customers and visitors to our website to honor that relationship with great care. We believe that your privacy should not be compromised. Personal Information may be collected through the submission of account applications, online banking transactions, or through the use of online tools such as interactive calculators. A detailed description of the principles contained in Davis Trust Company's Online Banking Privacy Policy is provided below.


Respect of Right to Privacy

Davis Trust Company (the Bank) recognizes and respects your right to privacy. You have a right to expect your personal financial information to remain private and secure. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to safeguard your nonpublic personal information.


Collection and Use of Personal Information

All personal information collected and retained by the Bank is used for specific business purposes: to protect and administer your personal accounts and transactions, to comply with state and federal banking laws and regulations, and to help the Bank better understand your specific financial needs and suggest tailored products and services.

Information is accumulated from a variety of sources. Some information you provided directly to the Bank. Other data is developed by the Bank as a result of providing products and services. We collect nonpublic personal information about you from the following sources: Information we receive from you on applications for loans or other forms; Information about your transactions with us or others; and, Information we receive from a consumer reporting agency (e.g. credit bureau). We limit the use and collection of information about our clients to that, which is necessary to administer our business, provide expected service, and offer products that we think will be of specific interest. We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law.


Maintenance of Accurate Information

The Bank has established procedures to help ensure that your financial information is accurate, current and complete in accordance with reasonable business standards. Should you ever believe that our records are inaccurate or incomplete, please let us know. We will promptly investigate your concerns and correct all inaccuracies.


Limited Employee Access to Personal Information

Davis Trust Company limits employee access to your personal information to Bank employees with a business reason for knowing such information. We educate all employees about the importance of confidentiality and customer privacy.


Third Party Disclosure Restrictions

Davis Trust Company does not share specific information about client accounts or other personally identifiable data to unaffiliated parties for their independent use, except for the exchange of information necessary to: 1) complete a client requested transaction; 2) comply with court orders; 3) execute exchange of loan payment and credit history information with consumer reporting agencies (e.g. credit bureaus); or 4) fulfill client requests that their personal information be supplied to an outside third party. The Bank requires all third parties obtaining this information to adhere to similar and equally stringent privacy policies, as well as to agree not to further use, share, or sell such information.


Disclosure of Privacy Policies

Davis Trust Company is committed to ensuring the privacy of personal information. We want you to understand how we accumulate and use your private information and our commitment to safeguarding that information. If you have any questions or concerns about Davis Trust Company's privacy principles, please let us know. You may contact us in person, by phone, by mail or through e-mail. We promise to respond quickly to your concerns.