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CONSUMER ONLINE SERVICES AGREEMENT

Personal Online Banking Agreement

Scope of Agreement

Revision 03/14/16
 

This Consumer Online Services Agreement ("Agreement") applies to the electronic banking services you receive from The Washington Trust Company through use of the Internet ("Online Banking"), which allows you to access the following online services: account access ("Account Access"), bill pay service ("Bill Pay"), in addition to other banking services offered through Online Banking (the "Service"). You must have an active Washington Trust account open and in good standing to use the Service. The terms, conditions, and disclosures for each of your Washington Trust accounts and loans continue to apply, notwithstanding anything to the contrary in this Agreement. By using Online Banking, you agree to the terms and conditions of this Agreement and in addition to all other terms accepted within the Online Banking platform. Print or store a copy of this Agreement for your records. You may also review this Agreement from time to time and at your convenience on our website at www.washtrust.com. If you would like a paper copy of this Agreement, please contact us and one will be mailed to you.

The laws of Rhode Island and applicable federal law govern this Agreement. These laws and the regulations adopted in accordance with their provisions are referred to in this Agreement as "Applicable Law". If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable; additionally, all remaining provisions shall remain in full force and effect. The headings used throughout this Agreement are for convenience only and shall not govern the interpretation of its provisions. In the event of a dispute regarding the Service, you agree that it will be resolved by looking to the terms and conditions contained herein, including all other terms accepted, and in the Electronic Funds Transfer Agreement provided to you. You may also access a copy of the Electronic Funds Transfer Agreement within the Personal Online Banking site. Once logged in, look under the heading Additional Services ˃ Disclosures.

The words "we," "us," "our", and "Washington Trust" mean The Washington Trust Company and its successors or assigns.

The words "you" or "your" mean each and all of those who use the Service, including those you authorize to use this Service on your behalf.

The word "account" means any one or more deposit and/or loan accounts you have with Washington Trust to which you are authorized access through the Service.

The term "Business Day" means Monday through Friday, and excludes Saturday, Sunday, and all federal legal holidays. The term "Non-Business Day" means a Saturday, Sunday or federal legal holiday. The term "business hours" refers to normal operating hours of 8:30 a.m. to 5:00 p.m., Eastern Time.

Account Access:

You are able to use the Service to access the following types of accounts:

  • Checking accounts
  • NOW accounts
  • Savings accounts
  • Money market accounts
  • Certificate of Deposit accounts
  • Consumer loan accounts
  • Mortgage and Home Equity loan/line accounts

The Service allows you to:

  • View account balances
  • View check images
  • View monthly checking and savings statements
  • Place a stop payment on a single check or series of checks
  • Review recent transactions
  • Transfer money between accounts
  • Transfer money to pay balances on accounts with us
  • Set up automatic transfers
  • Set notifications for accounts
  • Download information to popular money management software
  • Communicate with us via e-mail
  • Pay and receive bills electronically via Bill Pay

ELECTRONIC COMMUNICATIONS

You agree to receive this Agreement and any and all disclosures or notices required by Applicable Law and all other communications, electronically to the email address you designate in your Settings. You also agree that we may respond to any communication you send to us with an electronic communication, regardless of whether your original communication to us was an electronic communication.

Any electronic communication we send to you will be considered received within three (3) calendar days of the date sent by us to the email address you designate in your Settings, regardless of whether you log on to the Service within that time frame. To the extent permissible under Applicable Law, any electronic communication you send to us will not be effective until we receive and have had a reasonable opportunity to act on such email message. E-mail transmissions may not be secure. Thus, we request that you do not send us or ask for sensitive information such as account numbers, passwords, account information, etc. via e-mail. You should not rely on email if you need to communicate with us on an immediate basis. We advise that you report all matters requiring immediate attention to us by visiting a branch location or calling the Customer Service Center at 401-348-1200 or 800-475-2265. We may, however, require you to provide us with written confirmation of any verbal or electronic request or notice.

Notifications, as applicable, should be forwarded to the following:

Method of Notification

Send To:

E-Mail

info@washtrust.com

Postal Mail

THE WASHINGTON TRUST COMPANY
23 Broad Street, Westerly, Rhode Island 02891
Attn: Online Services

 

AGREEMENT AND ACKNOWLEDGEMENT

By using the Service or authorizing others to use the Service, you acknowledge that you have received and understand the terms of this Agreement and agree to be bound by all of the provisions of this Agreement and by all of the agreements incorporated herein by reference that also govern your account with us. These Agreements may be amended from time to time and we will provide notice of such changes as may be required by Applicable Law.

SERVICE SECURITY

We are committed to protecting the security and confidentiality of information about you and each of your bank accounts. We use sophisticated technology in the ongoing development of the Service and the activities contemplated thereby to enhance this security. We use several different security methods to protect your account information:

  • You can only access the Service with certain browsers that have high security standards.
  • If we do not recognize your computer, you will be asked to enter a one-time passcode to verify your identity.
  • The Service will automatically log off if prolonged periods of inactivity occur.

ANTI-VIRUS AND MALWARE PROTECTION

You agree that we are not responsible for any electronic virus that you may encounter using the Service. We offer IBM* Security Trusteer Rapport, a lightweight security software that protects your online banking communication from being stolen by criminals. Trusteer Rapport is highly recommended by Washington Trust as an additional layer of security to any anti-virus or security software you already use. By protecting your internet connection and creating a tunnel for safe communication with our online website, Trusteer Rapportprevents financial malware from infecting endpoints, secures the browser against tampering and data theft, provides automated remediation and blocks phishing attacks.

REQUIREMENTS FOR USE

To use the Service, you must have at least one active Washington Trust account, access to the Internet, recommended internet browser software, Social Security Number (SSN), and an e-mail address. Washington Trust will provide instructions on how to use Online Banking. The browser software that you use must support the level of encryption employed by Washington Trust, a minimum of 128-bit encryption.

ENROLLING IN AND USING THE SERVICE

Consumer Online Banking registrations may be submitted by an individual with a valid SSN over the age of 18 and holding at least one personal account (DDA, Savings, MMKT, or Loan) with us. Enrollments are processed from our website at www.washtrust.com. Confirmation emails are sent at the time of registration and at the time of approval to use the Service.

During registration you will be asked to provide the following information:

  • Name
  • Social Security Number
  • Date of Birth
  • Mother's Maiden Name
  • Address
  • Phone
  • Email Address
  • Account Information
  • Unique User ID (Between 6-20 characters; may include alpha, numeric or special characters; cannot be the same as your SSN or account number)
  • Temporary Password (Six digits)

INFORMATION AUTHORIZATION

Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that the Service may obtain a credit report on you from time to time. Information obtained will be used by the Service to verify information you provide to the Service and for other business purposes. You agree that the Service reserves the right to obtain financial information regarding your account from a biller or other financial institution (for example, to resolve payment posting problems or for verification). In addition, you agree that the Service reserves the right to verify any of the information you provide.

USER ID AND PASSWORD

Upon successful enrollment in the Service, you will be provided with instructions that will grant you access to the Service. You are solely responsible for ensuring the confidentiality of your User ID and Password. You agree not to allow anyone to gain access to the Services or let anyone know your User ID and Password used with the Services. To protect your account(s):

  • Do not share your User ID and Password with anyone.
  • Do not store your User ID and Password in a conspicuous place
  • Do not walk away from your computer while logged on to Online Banking.
  • Do exit from your Online Banking session when you are finished using it.
  • Use anti-virus and malware protection software to keep your personal computer clean and free of viruses and malware.
  • Review and reconcile your account activity on a regular, timely basis.

We recommend that your password not be easily associated with any personal information, such as your address, date of birth, or anniversary. Your password should be memorized, and never written down. We strongly recommend that you frequently change your password. You may be prompted to change your "Username" and you will be prompted to change your "Password" the first time you login to the service.

You agree that we are authorized to act on any and all instructions received under your password, and you agree that the use of your password will have the same effect as your signature authorizing the transactions. If you authorize other persons to use your User ID and Password in any manner, your authorization will be considered unlimited in amount and manner until you have notified us in writing that you have revoked the authorization and changed your User ID and Password. You are responsible for any transactions made by such persons until you notify us that transfers by that person are no longer authorized and we have a reasonable opportunity to act upon the change of your password. Should you enter your password incorrectly on five (5) consecutive attempts, you will be blocked from accessing the Service. If this should happen, contact us at 401-348-1200 or 800-475-2265 or you may access the Forgotten Password/Username Tool located within the login box from our full site at www.washtrust.com.

Your User ID and Password identify and authenticate you to us when you use the Service. You authorize us to rely on your User ID and Password to identify you when you use the Service. You may update your Password or Username at any time using the My Settings Section once logged in.

LOST OR STOLEN User ID and Password

Notify us immediately if you believe your Online Banking user ID and/or password has been lost or stolen or if you believe there have been any unauthorized transactions on any of your accounts. To notify us, call 401-348-1200 or 800-475-2265, Monday through Friday, between 8:30 a.m. and 5:00 p.m., Eastern Time, or send us notice by e-mail or mail.

THE WASHINGTON TRUST COMPANY
23 BROAD STREET
WESTERLY, RHODE ISLAND 02891

ATTN: ONLINE SERVICES

E-Mail: info@washtrust.com

Business Days: Monday through Friday Excluding Federal Holidays
Phone: 401-348-1200 or 800-475-2265

TRANSFER OF FUNDS

Transfers must be made in accordance with the terms of this and any other applicable account agreements. The transfer feature described here ("Transfer Service") applies only to transfers initiated through Online Banking.

  1. One-Time and Scheduled Transfers (Not Applicable to External Transfers):

Subject to some limitations based on account type or designation, funds may be transferred:

  • between your deposit accounts (excluding IRAs, SEPs or other retirement plans, CDs)
  • from your deposit account to your loan account to make eligible loan payments

Unless you designate a future date on which a transfer should be made, funds will be transferred at the time you submit the transfer request.

Modifying or Reversing a Transfer Initiated through the Transfer Service
With the exception of scheduled future dated transfers, you are not able to delete or modify a one-time transfer once the request has been submitted. You may reverse the transaction by transferring the funds back to the account from which it was moved. Scheduled future dated transfers may be revised or deleted.

Limitations on Transfers from your Savings and Money Market Deposit Accounts
Your ability to transfer funds from or between certain accounts within the Service may be limited, as described in your Deposit Account Truth in Savings Disclosure. Federal regulations limit your ability to make transfers from your savings and money market accounts to one of your other accounts or to third parties by preauthorized, automatic, personal computer, including online banking and bill payment services, to six (6) per calendar month for saving accounts and six (6) per statement period for money market accounts. No more than three (3) of these six (6) transfers or payments may be made by check, draft or other similar item. Transfers and Bill Payments made using the Service are subject to these limitations. Money market accounts may be charged a fee for each transaction that exceeds these limits.

  1. External Transfers:

We provide a link to the D+H Service, an external transfer service that you must accept separately. The D&H Service provides an account-to-account (A2A) transfer solution that allows the movement of money between internal and external accounts.  In addition to the Terms and Conditions accepted in conjunction with use of the D+H Service, you also agree to be bound by the following terms and conditions in conjunction with the D&H Service. These terms and conditions apply in conjunction with all other terms and conditions within this Agreement.

Limits and Fees

Following is the schedule of standard limits and fees. All limits and fees are subject to change at any time.

Account to Account Transfers Using the Transfer Service

Standard Transfers

Duration: 3-5 Business Days

Limits

Minimum $20.00 per transfer
Maximum $1,000.00 per transfer
Maximum 3 transfers per day
Maximum $1,000.00 per day
Maximum 5 transfers per week
Maximum $3,000.00 per week

Fees

Transfers into Washington Trust account is $0.00
Transfers out of Washington Trust account is $3.00
Failed Transfer fee is $30.00

Restrictions

You can only transfer funds into or out of a Washington Trust account. You cannot initiate a transfer directly between two non-Washington Trust accounts.

Subject to some limitations based on account type or designation, checking, savings and money market accounts (excluding retirement plans, IRAs and CDs) may be set up with the Transfer Service. Organizations that offer brokerage and/or loan accounts may allow external transfers. Prior to establishing an external transfer between Washington Trust and a brokerage or loan account, we advise you request confirmation that external transfers are permitted.

You shall be solely responsible for the accuracy and completeness of transactions processed through this Service. We shall not be responsible for any errors in the instructions or requests for cancellation or amendment of instructions transmitted by you to us or our processor.

While you agree to maintain a sufficient balance for all transactions made using the Transfer Service; we may (without prior notice and when permitted by law) set off the funds in any account, including accounts linked to the Service, against any due and payable debt you owe us now or in the future. You agree to hold us harmless from any claim arising as a result of our exercise of our right of offset. We may reject any transaction made using this service should sufficient funds not be available within the account that you hold with us. If you fail to fund the Account as required, then we may refuse you use of the external transfer service.

We will make reasonable effort to ensure that all transactions initiated through the Transfer Service on a Business Day are posted to your account on that Business Day.

By accepting the terms and conditions of this Agreement, if any account is a joint account, all account owners are bound by the terms and conditions set forth in this Agreement.

These activities are limited to the extent noted below and in the agreements governing various accounts. You should refer to these agreements for restrictions and service charges or fees.

If a transaction has occurred using the Transfer Service that you did not initiate, please contact us within 60 days of the date of the transaction appears on a periodic statement to file a Written Statement of Unauthorized Debit from your account. We can be contacted at 401-348-1200 or 800-475-2265.

LOAN PAYMENTS

When you use the Service to make payments on your Washington Trust loan, please note that any payment that is more than one current payment amount may be applied to reduce your outstanding principal balance. Any payment less than one current payment amount may not be applied. If you intend to make a specific payment outside of your regular payment amount, you may contact our Loan Operations Department at 401-348-1336 or at 800-475-2265.

 

BILL PAY SERVICE

Bill Pay and presentment is conducted by our contractor, FIS, not by us. In order to utilize the Bill Pay option available through Online Banking, you must apply by going to the "Bill Payment" section of the Service, selecting one checking account to use for Bill Pay and accepting the separate terms and conditions agreement for Bill Pay. By agreeing to the terms of the Bill Pay, you authorize us to debit your chosen checking account electronically through the Automated Clearing House (ACH).

You understand and agree that we have no responsibility whatsoever for the timely delivery of mail or other problems arising in connection with transmissions over the Internet, or for the improper transmission or handling of payments by a third party, for example the failure of the Bill Pay Payee to post a payment properly to your account with the Payee.

Payments using Bill Pay may only be made from eligible linked accounts that are checking accounts and must be made in accordance with the terms of this Agreement and any other applicable agreement.

You may only make payments through Online Banking to a Payee that has a mailing address within the U.S.

You agree to not use Bill Pay to make any tax payment or any court-ordered payments. Payments will not be processed on Non-Business Days.

Limitations on Transfers from your Savings and Money Market Deposit Accounts
Federal regulations limit your ability to make transfers from money market accounts to one of your other accounts or to third parties by preauthorized, automatic, personal computer, including online banking and bill payment services, to six (6) per statement period for money market accounts. No more than three (3) of these six (6) transfers or payments may be made by check, draft or other similar item. Transfers and Bill Pay payments made using the Service are subject to these limitations. Money market accounts may be charged a fee for each transaction that exceeds these limits.

Signing Up for the Bill Pay Service

If you select Bill Pay, you can pay bills either on an automatic or recurring basis, or periodically as you request. When you sign up for Bill Pay, you must designate a personal checking account with us as your Bill Pay account. You may make payments using Bill Pay in any amount up to $9,999.99. All payments made using Bill Pay must be payable in U.S. dollars to a payee ("Payee") located in the United States.

You need to provide us with the:

  • Complete name of the Payee (as shown on your invoice).
  • Account number to which the payment is to be credited (as shown on your invoice).
  • Payee's remittance address (as shown on your invoice).
  • Amount of the payment.
  • Date you want the payment delivered from your Bill Pay account.
  • Any other information we require to properly debit your account with us and credit your account with the Payee.

We reserve the right to refuse to pay any Payee designated by you; if we do so, we shall notify you.

Payment Method
By registering for Bill Pay, you authorize FIS and its agents to follow the payment instructions you have provided. You will provide FIS with the names, addresses, phone numbers and account information for those persons or entities to whom you wish to make a payment. When you initiate a payment using Bill Pay, you authorize FIS to debit your Bill Pay account and remit payment on your behalf to the Payee. Payments can be sent to Payees electronically or by check. As a number of different factors are considered to determine how the payment will be sent, FIS cannot tell which method of payment will be used until the payment is processed. Based on factors considered, FIS selects the most appropriate method. Check payments are drawn on FIS's account. If a Payee fails to negotiate the check within 90 days, FIS will stop payment on the check and credit your account for the amount of the payment. If a check is returned to you prior to the end of the 90-day period, please bring the check to a Washington Trust branch nearest to you so we can credit your account.

Scheduling Payments

The default system limits are as follows; however, Washington Trust reserves the right to lower these limits if deemed necessary for any reason.

  • One-time payment limit - $9,999.99
  • Daily limit - $19,999.99

You should schedule a payment to a new Payee at least 5 Business Days before any payment due date, to allow time to set up the Payee and verify information about your account with the Payee.

For all subsequent payments, you agree to allow at least 5 Business Days between the date you schedule a payment to be initiated and the payment due date for all payments delivered by check, and 2 Business Days for all payments delivered electronically (that is, the due date shown on your invoice or provided in your agreement with the Payee, not taking into account any applicable grace period.) If you do not, you will be fully responsible for all late fees, finance charges or other action taken by the Payee. If you schedule your payment and follow all instructions provided, but the Payee does not receive the payment in a timely manner, we will work with FIS and the Payee on your behalf. To initiate this process please contact us at 401-348-1200 or 800-475-2265. Please note that we do not guarantee the Payee's timely receipt of payments made using the Bill Pay service.

Electronic and paper check payments can be expedited for a fee.

The Bill Pay cutoff time is 10:00 p.m. Eastern Time. Any payments processed after this time will be considered processed on the following Business Day.

Funds Availability

Payments will be debited from your account the Business Day immediately following the date the payment is scheduled to be sent to the Payee, as designated by you in your instructions. If the payment is scheduled to be debited from your account other than on a Business Day, it will be debited from your account on the following Business Day.

Funds must be available in your Bill Pay account on the scheduled payment date. If the date you schedule a payment to be initiated falls on a Non-Business Day, funds must be available in your Bill Pay account the following Business Day. Bill Pay may make the payment either by transferring funds electronically to the payee or by mailing the payee a check.

If your Bill Pay account does not have sufficient funds to make a payment as of the date the transfer or payment is attempted or scheduled to be made, the Bill Pay Service will make three attempts to retrieve the funds. If the payment is over $500.00 and is issued by check, FIS will immediately place a stop on the check.

Washington Trust shall have no obligation or liability if a transfer or payment is not completed because there are insufficient funds in your account to process a transaction. In all cases, you are responsible for either making alternate arrangements for the payment or rescheduling the payment through the Service. The Bill Pay Service will place a block on your bill payment access until you can make good on the funds. The Bill Pay Service will attempt to notify you via the email address they have on file for you to inform you that your account is blocked. If the Bill Pay Service is unable to collect funds within 45 days of your scheduled payment, they will begin the process of retrieving the funds through the collections process.

Canceling or Changing a Bill Payment

You have the right to cancel or change a payment made through Bill Pay under certain circumstances. Payments must be canceled or changed using the Service prior to 10:00 p.m. Eastern Time on the Business Day the transaction is scheduled to be initiated. The request to cancel processed payments is subject to delivery method. To cancel a payment after it is issued, please call us 401-348-1200 or 800-475-2265. Payments issued via check that have not cleared may have a stop payment placed on them. Payments issued via electronic means cannot be cancelled or stopped by us or the Bill Pay Service.

E-Bills

E-Bills is a feature of Bill Pay that enables you to receive bills electronically from participating Payees. Participating Payees establish their own criteria for reviewing requests to receive e-bills and have sole discretion to accept or decline your request. We do not participate in this decision. Participating Payees generally take up to 5 Business Days to approve an e-bill request. In some cases, FIS obtains the e-bill from the Payee website. To do so, FIS will ask you for information needed for this purpose, such as any required login credentials. When you provide FIS this information, you authorize them to access the third party web site to retrieve the account information on your behalf, and you appoint FIS your agent for this limited purpose. We take no responsibility if a Payee does not provide the necessary data to forward an e-bill in a timely manner. If you do not receive a bill, it is your responsibility to contact the Payee directly. We are not responsible for any late charges or other adverse consequences. Any questions regarding your bill details should be directed to your Payee. All parties have the right to cancel the E-Bill feature at any time without prior notification.

Our Liability

We are only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. We will not be liable in any way for damages you incur if you do not have sufficient funds in your Bill Pay account to make the payment on the processing date, for delays in mail delivery, for changes to the Payee's address or account number unless you have advised Bill Pay of the change sufficiently in advance, for the failure of any Payee to correctly account for or credit the payment in a timely manner, or for any other circumstances beyond our control.

Washington Trust Online Banking/Bill Pay Service Fees

Bill Payment Service Stop Payment

$25.00 each

Stop Payment Requests

You may initiate stop-payment requests on a check or series of checks online or by calling us at 401-348-1200 or 800-475-2265. Any such request must be timely and reasonably describe the payment by the exact dollar amount of the payment, the check number and any other information that would assist us in identifying the payment. We must receive your request in such a way and in time for us to be able to act on it. Online stop payments are effective for 6 months after date accepted and automatically expire after that period unless renewed online or in writing. To revoke a stop payment a signature is required.

Please refer to the "Electronic Funds Transfers - Your Rights and Responsibilities" disclosed at account opening. Stop payments for payments initiated through Bill Pay should be handled by calling us at 401-348-1200 or 800-475-2265.

FINANCEWORKS & DEBIT REWARDS OFFERS – END USER LICENSE AGREEMENT

Should you decide to use either FinanceWorks or the Debit Rewards Offers feature of the Service, you acknowledge and agree to the following terms and conditions.

License Grant and Restrictions: You are granted a personal, limited, non-exclusive, non-transferable license, to electronically access and use the FinanceWorks Service ("FinanceWorks") solely to manage your financial data, and the purchase rewards application ("Debit Rewards Offers") to benefit from your debit card purchases.

In addition to the FinanceWorks Service and the Debit Rewards Offers, the terms "FinanceWorks" and "Debit Rewards Offers" also include any other programs, tools, internet-based services, components and any "updates" (for example, Service maintenance, Debit Rewards information, help content, bug fixes, or maintenance releases, etc.) of FinanceWorks or Debit Rewards Offers if and when they are made available to you by us or by our third party vendors. Certain FinanceWorks and Debit Rewards Offers may be accompanied by, and will be subject to, additional terms and conditions.

You are not licensed or permitted to do any of the following and you may not allow any third party to do any of the following: (i) access or attempt to access any other systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the FinanceWorks site or from the Debit Rewards Offers program; (iii) permit any third party to benefit from the use or functionality of FinanceWorks or Debit Rewards Offers, or any other services provided in connection with them, via a rental, lease, timesharing, service bureau, or other arrangement; (iv) transfer any of the rights granted to you under this license; (v) work around any technical limitations in FinanceWorks, use any tool to enable features or functionalities that are otherwise disabled in FinanceWorks, or decompile, disassemble, or otherwise reverse engineer FinanceWorks except as otherwise permitted by applicable law; (vi) perform or attempt to perform any actions that would interfere with the proper working of FinanceWorks or Debit Rewards Offers or any services provided in connection with them, prevent access to or the use of FinanceWorks, Debit Rewards Offers or any or services provided in connection with them by other licensees or customers, or impose an unreasonable or disproportionately large load on the infrastructure while using FinanceWorks; or (vii) otherwise use FinanceWorks, Debit Rewards Offers or any services provided in connection with them except as expressly allowed under this Section.

Ownership: FinanceWorks and Debit Rewards Offers are protected by copyright, trade secret and other intellectual property laws. You do not have any rights to the trademarks or service marks.

Your Information and Account Data with Us: You are responsible for (i) maintaining the confidentiality and security of your access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you to access the Service, Debit Rewards Offers or any services provided in connection with them, and your accounts with us (collectively, "Licensee Access Information"), and (ii) preventing unauthorized access to or use of the information, files or data that you store or use in or with FinanceWorks, Debit Rewards Offers or any services provided in connection with them (collectively, "Account Data"). You are responsible for providing access and assigning passwords to other users, if any, under your account for FinanceWorks, Debit Rewards Offers or any services provided in connection with them, and ensuring that such authorized users comply with this Agreement. You will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data ("Communications") entered using the Licensee Access Information. It is assumed that any Communications received through use of the Licensee Access Information were sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Licensee Access Information. We reserve the right to deny you access to FinanceWorks, Debit Rewards Offers or any services provided in connection with them (or any part thereof) if we reasonably believe that any loss, theft or unauthorized use of Licensee Access Information has occurred. You must inform us of, and hereby grant to us and our third party vendors permission to use, Licensee Access Information to enable us to provide FinanceWorks, Debit Rewards Offers or any services provided in connection with them to you, including updating and maintaining Account Data, addressing errors or service interruptions, and to enhance the types of data and services we may provide to you in the future.

We may use anonymous, aggregate information, which we collect and store, or which is collected and stored on our behalf by third party vendors, to conduct certain analytical research and help us to create new offerings and services for our customers. As we make additional offerings and online banking services available to you, some of which may rely on banking information maintained in your accounts, you will have the opportunity to participate in the services if you choose. If you choose not to participate, you do not need to notify us. We may also use anonymous, aggregate information which we collect and store, or which is collected and stored on our behalf by third party vendors, to (i) conduct database marketing and marketing program execution activities; (ii) publish summary or aggregate results relating to metrics comprised of research data from time to time; and (iii) distribute or license such aggregated research data to third parties. Additionally, automated technology may be used to tailor messages or advertisements that best reflect your interest and needs.

Your Information and Account Data with Other Financial Institutions: Our financial management tools allow you to view accounts that you may have outside our financial institution (this is a process called "aggregation"). When you choose to use online financial services which are applicable to data that you have transacted with other financial institutions or card issuers, you are consenting to us accessing and aggregating your data from those outside financial institutions. That data includes your financial institution account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used to access your account(s) with other financial institutions, and the actual data in your account(s) with such financial institution(s) such as account balances, debits and deposits (collectively, "Financial Account Data"). In giving that consent, you are agreeing that we, or a third party vendor on our behalf, may use, copy and retain all non-personally identifiable information of yours for the following purposes: (i) as pertains to the use, function, or performance of the services which you have selected; (ii) as necessary or useful in helping us, or third parties on our behalf, to diagnose or correct errors, problems, or defects in the services you have selected; (iii) for measuring downloads, acceptance, or use of the services you have selected; (iv) for the security or protection of the services you have selected; (v) for the evaluation, introduction, implementation, or testing of the services you have selected, or their upgrade, improvement or enhancement; (vi) to assist us in performing our obligations to you in providing the services you have selected.

If we make additional online financial services available to you which are applicable to data that you have transacted with other financial institutions or card issuers, and which we will aggregate at this site, we will separately ask for your consent to collect and use that information to provide you with relevant offers and services. If you give us your consent, you will be agreeing to permit us to use Financial Account Data to help us suggest savings opportunities or additional products and services to you.

Use, Storage and Access: We shall have the right, in our sole discretion and with reasonable notice posted on the FinanceWorks site and/or sent to your email address provided in the Registration Data, to establish or change limits concerning use of FinanceWorks and any related services, temporarily or permanently, including but not limited to (i) the amount of storage space you have available through FinanceWorks at any time, and (ii) the number of times (and the maximum duration for which) you may access FinanceWorks in a given period of time. We reserve the right to make any such changes effective immediately to maintain the security of the system or Licensee Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of FinanceWorks and any related services to which such changes relate. Your continued use of FinanceWorks or any related services will constitute your acceptance of and agreement to such changes. Maintenance of FinanceWorks or any related services may be performed from time-to-time resulting in interrupted service, delays or errors in such Service or related services. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided.

Third Party Services: In connection with your use of FinanceWorks, Debit Rewards Offers, or any other services provided in connection with them, you may be made aware of services, products, offers and promotions provided by third parties, ("Third Party Services"). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party is responsible for the performance of the Third Party Services.

Third Party Websites: FinanceWorks may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided as a convenience only. Such Third Party Websites are not under our control. We are not responsible for the content of any Third Party Website or any link contained in a Third Party Website. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Service, Debit Rewards Offers or any other services provided in connection with them is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information contained in any Third Party Website. In no event will we be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from ours. We are not responsible for such provisions, and expressly disclaim any liability for them.

Export Restrictions: You acknowledge that FinanceWorks may contain or use software that is subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the Service, directly or indirectly, to: (1) any countries that are subject to US export restrictions; (2) any end user who has been prohibited from participating in US export transactions by any federal agency of the US government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by US law.

Debit Rewards Offers: If you decide you wish to participate in the Debit Rewards Offers application, you acknowledge and agree to the following terms and conditions of service.

Debit Rewards: You will earn rewards for your participation in the Debit Rewards Offers program based on total purchases. If you participate in the Debit Rewards Offers, we will credit all cash or point rewards earned to your rewards balance and send you a lump sum of all rewards due to you. For any qualifying purchases during the current month, we will distribute the lump sum amount to you during the following calendar month. For example, if the payment date of all rewards end user disbursements is August 30, the applicable Measurement Period would be the calendar month ended July 31. Cash rewards will be deposited in the Debit Rewards Offers deposit account which is associated with the Debit Rewards Offers program.

Debit Rewards Offers Account. You must use the debit card associated with the Debit Rewards Offers account in order to receive the offers which qualify for the rewards. Rewards will not be earned for any portion of your purchase that you pay for with store credit, gift certificates or other payment types.

Purchases must be made as indicated in the offers made available under the Debit Rewards Offers program. Each offer will specify whether the purchase can be made online, at a store location, or by telephone to be eligible for rewards. You must also comply with any guidelines included with the offer, such as offer expiration dates, minimum purchase amounts, purchase limits, etc. You must also pay using the debit card associated with the account that received the Debit Rewards offer in order for the purchase to qualify.

While we and the merchants work hard to properly track and credit all eligible purchases, there may be times that we are unable to do so because of problems with your internet browser, the merchant's web site or our system. Please contact our support team if you believe you have made a qualifying purchase for which you did not receive Rewards.

Please note that you will not earn rewards as part of this program if you use a debit card not issued by us or do not have the designated deposit account opened with us at the time of disbursement.

You understand and agree that we make no warranties and have no liability as to:

  • Any offers, commitments, promotions, money back, or other incentives offered by any of the merchants in the Debit Rewards Offers program.

The rewards information that we provide to you, which is provided "as is" and "as available".
(i) your inability to comply with offer guidelines, (ii) the accuracy, timeliness, loss or corruption, or mis-delivery, of any qualifying purchase information or any other information, (iii) unauthorized access to your account(s) or to your account information and any misappropriation, or alteration, of your account information or data, to the extent that the unauthorized access results from your acts or omissions, or (iv) your inability to access your account(s) including, but not limited to, failure of electronic or mechanical equipment, interconnect problems with telephone providers or internet service providers, acts of God, strikes, or other labor problems.
Some states do not allow limitations on how long an implied warranty lasts, so that the above limitations may not apply to you, and that you may also have other rights, which vary from state to state.

ALERTS AND NOTIFICATIONS


The Service allows you to receive notification from time to time concerning available balance and/or transaction information relating to your accounts. By establishing these notifications through the Service, you acknowledge that you are aware of and agree to abide by the following terms and conditions:

The alerts and notifications allow you to request and receive messages about your accounts with us. We send banking alerts to you based upon the instructions you provide to us. The mobile phone numbers and e-mail address(es) you provide are neither reviewed nor verified by us prior to or following activation of the alerts and notifications. You hereby acknowledge and accept that each banking alert is sent to you without being encrypted and may include your name and information pertaining to your account(s).

You may receive alerts and notifications through a text, mobile device or e-mail. It is your responsibility to determine if your mobile service provider supports text messaging and your telephone or other mobile device is capable of receiving text messages. These alerts and notifications are subject to the terms and conditions of your agreement(s) with your cellular phone carrier and/or internet service provider. You are responsible for any fees imposed by your cellular phone service and internet service provider of any kind whatsoever.

You acknowledge and agree that your receipt of any alerts and notifications may be delayed or prevented by factor(s) affecting your cellular phone service provider, internet service provider(s) and other factors out of our control. We neither guarantee the delivery nor the accuracy of the contents of alerts and notifications. You agree to not hold us, our directors, officers, employees and agents liable for losses or damages, including attorneys' fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of a banking alert; (b) inaccurate or incomplete content in a banking alert; or (c) your reliance on or use of the information provided in a banking alert for any purpose.

We provide this service as a convenience to you for information purposes only. An alert or notification does not constitute a bank record for the deposit or credit account to which it pertains.

WHAT TO DO IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ONLINE BANKING AND BILL PAY ELECTRONIC TRANSFERS

In case of errors or questions about Online Banking and/or Bill Pay payments, call or write us at the telephone number or address listed below as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

(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 determine whether an error occurred within 10 Business Days (20 Business Days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 Business Days (20 Business Days if the transfer involved a new account) 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. We will give you notice within two Business Days of this credit. 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. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.

We will tell you the results within three 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.

THE WASHINGTON TRUST COMPANY
23 BROAD STREET
WESTERLY, RHODE ISLAND 02891

ATTN: ONLINE SERVICES

Business Days: Monday through Friday Excluding Federal Holidays
Phone: 401-348-1200 or 800-475-2265

MORE DETAILED INFORMATION IS AVAILABLE ON REQUEST

Please refer to the Washington Trust Electronic Fund Transfers, Your Rights and Responsibilities document for more detailed information regarding your liability for unauthorized transfers and your other rights and responsibilities applicable to electronic transfers.

Your Liability for Unauthorized TRANSFERS

If your user ID and/or password has been compromised and you tell us within 2 Business Days of discovering the loss or misappropriation, you can lose no more than $50 if someone used your user ID and/or password without your permission. If you do not tell us within the 2-Business Day period, you could lose as much as $500 if we could have stopped the use of your accounts had we received notice in a timely manner. You must contact Customer Service as soon as you identify any errors or discrepancies in your periodic statement or transaction record, or if you need any information about a transaction listed on the periodic statement or transaction record. We must hear from you no later than 60 days after we have sent the first statement on which the unauthorized transaction, problem or error appeared. (If you notify us verbally, we may require that you send us your complaint or question in writing or electronically within 10 Business Days). If you fail to notify us within the 60-day period, you may not recover any of the money you lost if we can establish that the loss could have been avoided had you notified us on time. We may extend these time periods for good reason such as out-of-town travel or extended hospital stays.

WASHINGTON TRUST'S RIGHT TO TERMINATE

Washington Trust reserves the right to terminate this Agreement and your access to the Service, in whole or in part, at any time. In addition, we may choose to stop your access to the system if you do not use it for any consecutive 180-day period.

YOUR RIGHT TO TERMINATE

You may cancel the Service at any time by contacting us using one of the following methods of notification:

Method of Notification

Send To:

E-Mail

info@washtrust.com

Postal Mail

THE WASHINGTON TRUST COMPANY
23 Broad Street, Westerly, Rhode Island 02891
Attn: Online Services

Phone:

401-348-1200 or 800-475-2265

Your access to the Service will be suspended within 3 Business Days of our receipt of your instructions to cancel the Service. You must cancel all future bill payments, whether recurring or individual payments, when you terminate the Service, or we may continue to process such payments. You will remain responsible for all outstanding fees and charges incurred in connection with the Service.

ASSIGNMENT AND DELEGATION

You may not assign this Agreement, in whole or in part, or delegate any of your responsibilities under this Agreement to any third party or entity. Any such attempted assignment or delegation will not be recognized by us unless and until acknowledged by us in writing. We are not, however, under any obligation to give you our written acknowledgment.

We may, in our sole discretion and at any time, assign this Agreement, in whole or in part, or delegate any of our rights and responsibilities under this Agreement to any third party or entity.

INDEMNIFICATION AND THIRD PARTIES

You hereby indemnify us and each of our parents, subsidiaries and affiliates and their respective officers, directors, employees, partners, agents, insurers and attorneys (each an "Indemnified Party" and, collectively, the "Indemnified Parties") for, and hold each of the Indemnified Parties harmless from and against, all actions, causes of action, claims, damages, liabilities and expenses (including reasonable attorneys' fees) of any nature or kind (including those by third parties) arising out of, or related to, this Agreement, including all actions, causes of action, claims, damages, liabilities and expenses ("Losses") arising out of, related to or resulting from:

  • Your failure to report required changes, transmission of incorrect data to us or failure to maintain compliance with the Rules;
  • Our provision of the Service, and/or the our action or inaction in accordance with, or in reliance upon, any instructions or information received from any person we reasonably believe to be you;
  • Your breach of any of your representations, warranties, covenants or other agreements or responsibilities under this Agreement and/or;
  • Your breach or violation of any rules applicable to the Service

Notwithstanding the foregoing, you are not obligated to indemnify us for any Losses solely and proximately caused by our gross negligence or willful misconduct.

AMENDMENTS TO THE SERVICE AGREEMENT

We reserve the right, from time to time, to amend this Agreement or change the features offered by the Service, in our sole discretion. In instances where such changes will have an adverse impact upon you or we are otherwise required by Applicable Law, we will send you written or electronic notice about the change at least thirty (30) calendar days prior to the effective date of any such change. If, however, the change is made for security purposes, the change will be implemented without any notice to you.

If any such required advance notice is returned to us as undeliverable because of a change in your address which you have not notified us about in writing or any other reason which is not our fault, the changes described in that notice are still binding on you. If you do not agree to the changes, you may terminate the Service in accordance with the terms of this Agreement. You will be deemed to accept any changes to this Agreement if you continue to use the Service after the date on which the changes became effective.

NO WAIVER

No delay of or waiver by us of any power, right, remedy or obligation under or in connection with this Agreement on any one occasion will constitute a waiver of that power, right, remedy or obligation on any later occasion. In any event, no such delay or waiver by us is effective unless it is in writing and signed by us.

DISCLAIMER OF WARRANTIES

The software related to the Service is provided "as is" without warranty of any kind. You assume the entire risk as to results and performance of the software related to the Service. We do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of, the software related to the Service in terms of correctness, accuracy, reliability, currentness, or otherwise.

NEITHER WE NOR OUR SUPPLIER MAKE ANY REPRESENTATIONS OR WARRANTY OF ANY KIND REGARDING USE OF THE SOFTWARE RELATED TO THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.

Further, we will not be liable for any indirect, special, consequential, economic or other damages. In states that do not allow the exclusion or limitation of liability for indirect, special, incidental or consequential damages, our liability is limited to the extent permitted by applicable law.

YOU AGREE THAT YOUR USE OF THIS SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THIS SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THIS SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN THIS SERVICE OR TECHNOLOGY WILL BE CORRECTED.

LIMITATION OF LIABILITY

Under no circumstances and under no legal theory, whether in tort, contract, or otherwise, shall we or any party we contract with be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character, including, without limitation, damages for loss of goodwill, loss of use, data, profits, work stoppage, computer failure or malfunction, software failure, or any and all other commercial damages or losses. We are also not responsible for any electronic viruses or malware that you may encounter. We suggest that you routinely scan your PC using a virus and malware protection product. An undetected virus or malware may corrupt and destroy your program, files, and hardware. In the event of any such defects or computer viruses or malware caused by the software related to the Service, our sole responsibility shall be limited to the replacement or reasonable cost of replacement of such software provided in connection with the Service.

Except as specifically provided in this Agreement or where applicable law requires a different standard, you agree that neither we nor any third party service provider engaged by us to perform any of the services related to the Service, shall be responsible for any damages or losses, whether related to property or bodily injury, incurred as a result of your using or attempting to use the Service, whether caused by equipment, software, Internet Service Providers, browser software or any agent or subcontractor of any of the foregoing. Without limiting the foregoing, we will not be liable for delays or mistakes which happen because of reasons beyond our control, including without limitation, acts of civil, military or banking authorities, national emergencies, war, riots, acts of terrorism, failure of transportation, communication or power supply, or malfunction or unavoidable difficulties with our equipment. You also agree that we, or any third party service provider that we engage, will not be responsible for any direct, punitive, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, the Service or Internet Browser or access software, or from the unavailability of the Service or for any errors in information provided through the Service. If a court finds that we are liable to you because of what we did, or did not do, UNDer or in connection with this Agreement, you may recover from us only your actual damages, in an amount not to exceed the total fees and charges paid by you to us under and in connection with this Agreement during the six (6) month period immediately preceding the event giving rise to our liability. You agree that the dollar limitation described in the preceding sentence is reasonable, to the extent permitted by Applicable Law. IN NO EVENT WILL YOU BE ABLE TO RECOVER FROM US ANY SPECIAL CONSEQUENTIAL, EXEMPLARY, IN-DIRECT OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, SUBJECT TO APPLICABLE LAW.

 

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The Washington Trust Company
NMLS#414726
© 2015 The Washington Trust Company | All Rights Reserved
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