Terms & Conditions

Last Updated: January 1, 2024

Welcome to Westwind Trust Alliance. By accessing or using our website, mobile applications, or any of our banking products and services, you agree to be bound by these Terms & Conditions. With over 10 years of trusted banking service, we are committed to transparency and fairness. Please read these terms carefully. If you do not agree with any part of these terms, you must not use our services.

1. Account Opening and Eligibility

To open an account with Westwind Trust Alliance, you must:

  • Be at least 18 years of age
  • Provide accurate and complete personal information including your legal name, address, date of birth, and Social Security number or Tax ID
  • Have a valid government-issued ID
  • Be legally capable of entering into a binding contract
  • Not be listed on any government sanctions or prohibited persons lists

We reserve the right to refuse account opening or close existing accounts at our discretion, subject to applicable laws and regulations.

2. Account Types and Services

Westwind Trust Alliance offers various banking products including but not limited to:

  • Personal Checking and Savings Accounts
  • Business Checking and Savings Accounts
  • Certificates of Deposit (CDs)
  • Individual Retirement Accounts (IRAs)
  • Personal, Auto, Mortgage, and Business Loans
  • Credit Cards
  • Online and Mobile Banking Services

Each product or service may have additional terms and conditions specific to that product. Please refer to the applicable account agreement or loan documents for complete details.

3. Deposits and Funds Availability

All deposits are subject to verification and may be held for up to 10 business days for new accounts or large deposits, as permitted by our Funds Availability Policy. Funds from check deposits may not be available for immediate withdrawal. We reserve the right to place holds on deposits as necessary to manage risk.

4. Electronic Transfers and Online Banking

Our online and mobile banking services allow you to view account balances, transfer funds, pay bills, deposit checks, and access other account features. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to:

  • Notify us immediately of any unauthorized access or use of your account
  • Log out of your account after each session
  • Use secure internet connections when accessing your account
  • Keep your contact information up to date

We are not liable for any loss or damage arising from your failure to comply with these security obligations.

5. Fees and Charges

Certain accounts and services may have associated fees. These may include monthly maintenance fees, overdraft fees, wire transfer fees, ATM fees, and late payment fees on loans. All applicable fees are disclosed in your account agreement or the Fee Schedule available on our website. We reserve the right to modify fees upon notice as required by law.

6. Overdrafts and Insufficient Funds

We may, at our discretion, pay overdrafts on your checking account. Overdraft fees may apply. You can opt out of overdraft coverage for one-time debit card transactions by contacting us. We are not obligated to pay any overdraft, and we may decline transactions if your account has insufficient funds.

7. Interest Rates and APY

Interest rates on deposit accounts are variable and may change at any time without prior notice unless otherwise required by law. The Annual Percentage Yield (APY) is disclosed on our website and in account statements. For loan products, interest rates are fixed or variable as specified in your loan agreement.

8. Loan Terms and Repayment

All loans are subject to credit approval. Loan terms including interest rates, fees, repayment schedules, and any collateral requirements are detailed in your loan agreement. You agree to make all payments on time and in full. Late payments may result in fees and negative credit reporting. Prepayment penalties, if any, will be disclosed in your loan documents.

9. FDIC Insurance

Deposit accounts at Westwind Trust Alliance are insured by the Federal Deposit Insurance Corporation (FDIC) up to $250,000 per depositor, per insured bank, for each account ownership category. For more information about FDIC insurance coverage, please visit fdic.gov.

10. Privacy and Data Protection

We are committed to protecting your privacy. Our Privacy Policy explains how we collect, use, share, and protect your personal information. By using our services, you consent to the collection and use of your information as described in our Privacy Policy. We use industry-standard encryption and security measures to protect your data.

11. Electronic Communications

By providing your email address and phone number, you consent to receive electronic communications from us, including account statements, transaction alerts, marketing materials, and legal notices. You may opt out of marketing communications at any time. Standard message and data rates may apply for text message alerts.

12. Limitation of Liability

To the fullest extent permitted by law, Westwind Trust Alliance shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services, including but not limited to loss of profits, data, or business interruption. Our total liability shall not exceed the amount of fees paid by you to us in the preceding 12 months.

13. Indemnification

You agree to indemnify, defend, and hold harmless Westwind Trust Alliance, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses arising from your violation of these Terms & Conditions or your use of our services.

14. Modifications to Terms

We reserve the right to modify these Terms & Conditions at any time. Changes will be effective upon posting to our website. For material changes, we will provide notice via email or through your online banking account. Your continued use of our services after changes are posted constitutes your acceptance of the modified terms.

15. Termination of Accounts

You may close your account at any time by contacting us. We may close your account or suspend access to our services at our discretion, with or without cause, upon notice to you as required by law. Upon termination, any outstanding fees or loan balances become due immediately.

16. Governing Law

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles. Any legal action or proceeding arising under these terms shall be brought exclusively in the federal or state courts located in Cuyahoga County, Ohio.

17. Dispute Resolution and Arbitration

Any dispute arising from or relating to these Terms & Conditions or your use of our services shall be resolved through binding arbitration administered by the American Arbitration Association, rather than in court. You waive your right to participate in a class action lawsuit or class-wide arbitration. Exceptions apply for small claims court actions and intellectual property claims.

18. Entire Agreement

These Terms & Conditions, together with any account agreements, loan documents, and our Privacy Policy, constitute the entire agreement between you and Westwind Trust Alliance regarding your use of our services. Any previous agreements, understandings, or representations are superseded.

19. Severability

If any provision of these Terms & Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be interpreted to achieve the original intent as closely as possible.

20. Contact Information

If you have any questions about these Terms & Conditions, please contact us:

  • By Mail: Westwind Trust Alliance, 6500 Rockside Rd, Suite 210, Cleveland, OH 44131
  • By Phone: +1 (337) 230-2816
  • By Email: legal@westwindtrust.com
  • Online: www.westwindtrust.com/contact

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