This Agreement governs the use of your Washington Trust (the "Bank") online banking Service (the "online banking Service" or "Service"), which allows you to access the following online services: account access ("Account Access"), bill pay ("Bill Pay Service"), and other banking services offered through the Service. You must have a Washington Trust checking 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 the Service, you agree to the terms and conditions of this Agreement. Please read this Agreement carefully, and retain a copy for your records.
The laws of Rhode Island and applicable federal law govern this Agreement. 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 the 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 and in the Electronic Funds Transfer Agreement provided to you.
Washington Trust may assign this Agreement to any successor or to any now-existing or future direct or indirect subsidiary. Washington Trust may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or third parties. You may not assign your rights and responsibilities under this Agreement.
When you log on to the Service, you agree to be bound by the terms of this Agreement. Please read it carefully. You may request a copy of this Agreement and other agreements governing your accounts and services with Washington Trust by calling us at 1-401-348-1200 or 1-800-475-2265.
As used in this Agreement, the words "Washington Trust" refer to Washington Trust. The words "you" and "your" refer to the person(s) or entity(ies) subscribing to or authorized to use the Service. The words "we," "us," and "our" refer to Washington Trust. The term "Business Day" means Monday though Friday, and excludes Saturday, Sunday, and all federal legal holidays. The term "Non-Business Day" means Saturday, Sunday or all federal legal holidays. The term "business hours" refers to normal operating hours of 8:30 a.m. to 5:00 p.m., Eastern Standard Time. The word "account" refers to all of your deposit and credit accounts at Washington Trust.
You may be able to use the Service to access the following types of accounts:
The Service allows you to:
Washington Trust will make reasonable effort to see that the transactions initiated through the Service prior to 3:00 p.m. (Eastern Standard Time) on a Business Day are posted to your account on that day. Transactions completed after 3:00 p.m. on a Business Day or completed on a Non-Business Day will be posted to your account the following Business Day.
If any account is a joint account, then account owners must agree to be 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.
When you use the service to make payments on your WTC loans, please note that any payment more than one (1) current payment amount may be applied to reduce your outstanding principal balance. Any payment less than one (1) current payment amount may not be applied. If you intend to make a specific payment outside of your regular payment, you may contact our Loan Operations Department at 401-348-1336 or at 1-800-475-2265.
The actual payment of all bills is handled by M & I Data Services, not by Washington Trust. In order to utilize the Bill Pay Services option through our online banking Service, you must apply by going to the "Bill Payment" section of online banking, select one checking account to use for bill payment and accept the separate terms and conditions agreement for that particular service.
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 payment Payee to properly post a payment to your account.
If you select the Bill Payment Service, you can pay bills either on an automatic or recurring basis, or periodically as you request. When you sign up for the Bill Payment Service, you must designate a personal checking account with us as your Bill Payment Account. You may make bill payments in any amount up to $9,999.99. All bill payments must be payable in U.S. dollars to a payee ("Payee") located in the United States.
You need to provide us with the:
We reserve the right to refuse to pay any Payee designated by you; if we do so, we shall notify you promptly.
When you schedule a bill payment using the Bill Pay Service, you authorize the necessary funds to be withdrawn from your account with us. The payment amount cannot exceed $9999.99.
You should schedule a payment to a new payee at least five (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 five (5) Business Days between the date you schedule a payment to be initiated and the payment due date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period.) If you do not, you will be fully responsible for all late fees, finance charges or other action taken by the payee. If you schedule your payment and follow all instructions provided, but the payee does not receive the payment in a timely manner, the Bill Pay Service will work with the payee on your behalf to attempt to have any late fees or charges reversed.
If the online session during which you schedule a payment ends by 3:00 p.m. or a payment ends by 12:00 p.m. Eastern Standard Time, Washington Trust will be considered to have received it on that day. Otherwise, it will be considered received on the following Business Day.
Payments will be debited from your account on the day 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 on other than a Business Day, it shall 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 (e.g. Monday). After funds are withdrawn from your Bill Pay Account to make a payment, the Bill Pay Service 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 transfer or payment will be canceled and no further attempt will be made to make the transfer or payment. Washington Trust will attempt to notify you by e-mail or U.S. Postal Service, but 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. In the case of periodic payments, only the payment currently scheduled will be canceled. Periodic payments scheduled for future dates will not be affected.
You have the right to cancel or change a bill payment transaction. The way to cancel or change a payment is to use the Bill Pay Service. Payments must be changed or canceled using the Service prior to 12:00 p.m. on the Business Day the transaction is scheduled to be initiated. If you ask the Bill Pay Service to cancel a payment after it is issued and the Bill Pay Service agrees to do so, you will be charged a stop payment fee. Stop payment orders through the Bill Pay Service, whether oral or written will be in effect for a period of six (6) months. If requested by the Bill Pay Service, you will confirm any stop payment order in writing. After six months, any stop payment will terminate and must be renewed in order to continue in effect. The Bill Pay Service may pay any item that is presented following the lapse of any stop payment order.
Washington Trust is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. Washington Trust 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 the Bill Pay Service of the change sufficiently in advance, for the failure of any payee correctly to account for or credit the payment in a timely manner, or for any other circumstances beyond the control of Washington Trust.
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.
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall we or our supplier 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 virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy your program, files, and hardware. In the event of any such defects or computer virus 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.
Washington Trust reserves the right to terminate this Agreement and your access to the Service, in whole or in part, at any time. We may choose to stop your access to the system if you do not use it for any consecutive 90-day period.
You may cancel your Service at any time by providing us with written notice by postal mail in accordance with the instructions set forth in Section 19 below.
Your access to the Service will be suspended within three (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.
At any time, we may change the terms of this Agreement. Changes to fees applicable to specific accounts are governed by applicable account disclosures.
If the change involves an increase in fees or charges, an increase in your liability, or stricter limitations on the frequency of transfers, we will provide you with notice of the change at least thirty (30) days prior to the change's effective date, unless an immediate change is necessary to protect the security of an account or of the Service.
If advance notice of the change is not required, and disclosure of said change does not jeopardize the security of an account or of the Service, we will notify you of said change within thirty (30) days of the change becoming effective.
To the extent permitted by applicable law, if you have previously agreed to receive notices and disclosures electronically, we will forward such notices to you by e-mail or post such notices on our website and alert you by e-mail of the posting of such notice.
Your continued use of any or all features of the Service indicates your acceptance of the change in terms.
To use the Service, you must have at least one Washington Trust checking account, access to Internet service, recommended Internet browser software, and an e-mail address. Washington Trust will provide instructions on how to use the online banking service. The browser software that you use must support the level of encryption employed by Washington Trust.
Refer to the "Electronic Funds Transfers - Your Rights and Responsibilities" disclosure previously disclosed to you.
You should notify us immediately if you believe your 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 1-800-475-2265, Monday through Friday, between 8:30 a.m. and 5:00 p.m., Eastern Standard Time, or send us notice by e-mail, fax, or mail as described in Section 19 below.
For a discussion of your liability for unauthorized transactions, refer to the "Electronic Funds Transfers - Your Rights and Responsibilities" disclosed previously to you.
Refer to the "Electronic Funds Transfers - Your Rights and Responsibilities" disclosed previously to you.
You will be asked to create a password when you apply for this Service. You are solely responsible for ensuring the confidentiality of your password. You agree not to allow anyone to gain access to the Services or let anyone know your password used with the Services. You should treat your password with the same degree of care and secrecy that you use to protect your ATM card PIN or other sensitive financial data. To protect your account(s):
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. You are not required to change your password but we strongly recommend you frequently change your password. You will be prompted to change your "User ID" the first time you log on 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 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 password, and 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, please call us at 401-348-1200 or 1-800-475-2265.
You may access your accounts through the Service seven (7) days a week, 24 hours a day. However, at certain times, some or all features of the Service may not be available due to system maintenance. We will post notice of any extended periods of non-availability on our website at www.washtrust.com.
By using the Service, you agree to pay the associated fees and charges, as set forth in the most current fee schedule. The Bill Pay monthly fees cover service for the previous month and are effective upon enrollment in the Bill Pay feature. Applicable fees, as disclosed in the most current fee schedule will be charged to your payment account, regardless of whether any bill payments are made during the month. If the payment account has insufficient funds to cover fees, the Bank may deduct the fees from any other checking account linked to the Service or any other deposit account at the bank, which you own. If the fee cannot be paid, we may cancel the Bill Pay Service.
Washington Trust may, from time to time, introduce new features to the Service. We will update this Agreement to notify you of the existence and availability of such new features. By using these features when they become available, you agree to be bound by the terms and conditions contained in the Agreement.
The number of transfers to and from your accounts using the Service are limited pursuant to the terms of applicable account disclosures as included in the "Electronic Funds Transfers - Your Rights and Responsibilities" disclosed previously to you. If a hold is placed upon any portion of deposits made to an account from which you wish to transfer funds, you may not transfer the portion held until the hold expires.
You may initiate stop-payment requests by calling us at 401-348-1200 or 1-800-475-2265. Such stop payments may only be initiated for paper checks you have written on your accounts (not electronic payments). Please refer to the "Electronic Funds Transfers - Your Rights and Responsibilities" disclosed previously to you. Stop payments for bill payment initiated through the System should be handled through the Bill Pay Service as outlined in Section 2 of this agreement.
All of the payments and transfers made through the Service will appear on your monthly account statement(s).
If you send us an e-mail message, we will be deemed to have received it on the following Business Day. We will then have a reasonable time to act on your e-mail. 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. There may be times when you need to speak with someone immediately (especially to report a lost or stolen password, or to stop a payment). In these cases, do not use e-mail. Instead, call us at 401-348-1200 or 1-800-475-2265. Additionally, notifications for disputes, account closings and other official communications should be in writing, delivered by mail or in person, not faxed or sent via e-mail.
We may send notices to you by e-mail, if you consent. We may rely upon your address, including, without limitation, your e-mail address as it appears on our records for any and all communications we send you unless or until you notify us in writing, by fax or by e-mail as set forth below and we have had a reasonable opportunity to act on such notice.
Notifications, as applicable, should be forwarded to the following:
| Method of Notification: | Send To: |
| info@washtrust.com | |
| Postal Mail | THE WASHINGTON TRUST COMPANY 23 Broad Street, Westerly, Rhode Island 02891 attn: online banking |
| Fax | 401-348-1294 |
The importance of maintaining confidentiality and privacy of the information provided by our customer is one of our highest priorities. You should carefully review our privacy policy as stated on our website at www.washtrust.com.
The Service described in this Agreement is solely offered to citizens and residents of the United States residing in the United States.
| Washington Trust online banking/Bill Payment Service Fees As of April 2, 2004 |
||
| Checking Account Type | Online Banking | Bill Payment Service |
| Freedom Plus | Free | Free |
| Freedom Account | Free | Free |
| Additional Bill Payment Service Fees | ||
| Online NSF surcharge | $5.00 each | |
| Bill Payment Service Stop Payment | $25.00 each | |
| Bill Payment Service check copy | $15.00 each | |