Washington Trust Bank

OnLine Banking and OnLine Bill Payment
Terms and Conditions

  1. General Description of Agreement
    1. What This Agreement Covers
    2. This Agreement between you and Washington Trust Bank governs the use of OnLine Banking Services and OnLine Bill Payment Services. These services permit Washington Trust Bank customers (consumers, sole proprietors, and other business customers) to perform a number of banking functions on accounts linked to the services through the use of a personal computer.

    3. Accepting the Agreement
    4. When you use any of the OnLine Banking Services, including OnLine Bill Payment Services, and FinanceWorks described in this Agreement, or authorize others to use them, you agree to the terms and conditions of this Agreement.

    5. Relation to Other Agreements
    6. Your use of OnLine Banking Services or OnLine Bill Payment Services may also be affected by the agreements between us for your deposit, credit card, and other accounts. When you access accounts using OnLine Banking Services or OnLine Bill Payment Services, this does not change the agreements you already have with us on those accounts. For example, when you use OnLine Banking Services or OnLine Bill Payment Services to access a credit account, you do so under the terms and conditions we gave you in the agreement and disclosure for the credit account. You should review those agreements for any applicable fees, for limitations on the number of transfers you can make, and for other restrictions which might impact your use of an account with OnLine Banking Services or OnLine Bill Payment Services.

  2. OnLine Banking Services and OnLine Bill Payment Services.
    1. Definitions.
      1. "Bank" means Washington Trust Bank and each subsidiary, affiliate or third-party vendor of Washington Trust Bank that provides OnLine Banking Services or OnLine Banking Services with OnLine Bill Payment Services to Customer.
      2. "business day" means any day on which a majority of Bank's offices are open to the public for substantially all banking functions. Saturdays, Sundays, federal or state holidays or any day recognized by a Federal Reserve Bank as a holiday shall not be considered a "business day," even if Bank's offices are in fact open.
      3. "Customer" means the person or business entity for whom Bank provides OnLine Banking Services or OnLine Banking Services with OnLine Bill Payment Services.
      4. "OnLine Banking Service(s)" means any of the services or other features associated with Washington Trust Bank's online banking services provided to Customer by Bank and/or made available to Customer through Bank's Internet-based banking system for Customer to initiate actions related to Customer's accounts and/or loans with Bank, including transfers to and from Customer's authorized accounts or loans with Bank, or to obtain or generate information or reports about Customer's accounts and/or loans Customer has with Bank, or about other services provided by Bank.
      5. "OnLine Bill Payment Service(s)" means any of the services or other features associated with Washington Trust Bank's online bill payment services that are provided as an additional service to Bank's OnLine Banking Service to Customer and/or any services or features made available to Customer through Bank's Internet-based bill payment system to allow Customer to initiate actions related to, or to obtain or generate information or reports about, bill payments initiated from Customer's designated checking account, or about other services provided by Bank
      6. "Services" includes any of the OnLine Banking Services and/or OnLine Bill Payment Services, including, without limitation, any new services offered from time to time hereafter by Bank in connection with such OnLine Banking Service and/or OnLine Bill Payment Service.
      7. References to "you" are to Customer and references to "we" or "us" are to Bank.
    2. OnLine Banking Services
    3. To use OnLine Banking Services you need:

      • a personal or small business Washington Trust Bank checking account (hereafter referred to as "designated" account).
      • a Social Security Number or Tax ID Number
      • an email address that is not shared with any other OnLine Banking user and is unique in our system
      • to enroll and obtain the approval of Washington Trust Bank.
      • to create an approved OnLine Banking user identification for you and to select a password (the user ID and password are collectively referred to below as the "Codes").
      • a computer with Internet access with an approved version of browser software and/or operating system as defined by the Bank. Modifications to the Services in the future may require installation of upgrades to your browser software. You are responsible for any telephone or other connectivity charges incurred by accessing your bank accounts through the Services and for the installation, maintenance, and operation of your browser software and/or operating system. You are also responsible for all personal financial management (PFM) software purchase, installation and maintenance.
      • your agreement to comply with all Terms and Conditions applicable to the OnLine Banking Services, as may be amended from time to time by Bank in accordance with this agreement, and with all applicable account agreements.

      You may use OnLine Banking to do the following:

      • access information on certain deposit and credit accounts;
      • transfer funds between your authorized Washington Trust Bank accounts that are linked to the Service;
      • make transfers from authorized deposit accounts to certain credit card accounts
      • request a stop payment order on a check;
      • view images of checks posted to your checking account;
      • review transactions for the current statement cycle and for one prior statement cycle;
      • send us secure online mail messages and questions using the OnLine Banking e-mail feature;
      • download checking, savings and other account transaction information in a file format that can be read by certain personal financial management (PFM) software and spreadsheets.
      • access information via the online credit card site
      • allow you to connect to mobile banking services using your OnLine Banking User ID and Password
    4. OnLine Bill Payment Services
    5. You may select OnLine Bill Payment Service as an additional feature to the OnLine Banking Services. All OnLine Bill Payment Service customers must also be OnLine Banking customers. If you choose OnLine Bill Payment Service in addition to the OnLine Banking features listed above, you may also:

      • make one-time payments online from your checking account to Merchants/Payees you select
      • make recurring payments online from your checking account to Merchants/Payees you select
      • make automatic payments online from your checking account to Merchants/Payees you select that are eligible for bill presentment services through the online banking service
      • view your pending Bill Payment payments
      • view your bills to Merchants/Payees that participate in the bill presentment service
      • set up or request additional payees
      • cancel one-time and recurring payments.
      • elect to receive an email when payments are made using the bill payment service
      • elect to receive an email when bills are received from payees participating in the bill presentment service
      • elect to receive an email when scheduled e-bills are not received or if you have not scheduled a regular or recurring payment by a pre-set deadline you have designated for yourself within the OnLine Bill Payment Service.

      To use OnLine Bill Payment Service you need:

      • to satisfy all of the OnLine Banking Service requirements listed above;
      • to select a Washington Trust Bank checking account to use as your designated account for the OnLine Bill Payment Service.
      • your agreement to comply with all Terms and Conditions applicable to the OnLine Bill Payment Services, as may be amended from time to time by Bank in accordance with this agreement, all Terms and Conditions applicable to the OnLine Banking Services, and all applicable account agreements.
      • To agree to and to provide your User ID and Password to the websites of participating Merchants/Payees to request that you receive an e-bill in connection with the OnLine Bill Payment Service.
    6. FinanceWorks & Debit Rewards Offers (eClicks Rewards) – End User License Agreement
    7. In addition to the above content, if you decide to use either FinanceWorks or the Debit Rewards Offers application, you acknowledge and agree to the following terms and conditions of service.

      LICENSE GRANT AND RESTRICTIONS. You are granted a personal, limited, non-exclusive, non-transferable license, to electronically access and use the FinanceWorks Service (the “Service”) 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 "Service" 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 the Service or Debit Rewards Offers if and when they are made available to you by us or by our third party vendors. Certain Service 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 the Service 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 the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble, or otherwise reverse engineer the Service except as otherwise permitted by applicable law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Service or Debit Rewards Offers or any services provided in connection with them, prevent access to or the use of the Service, 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 the Service; or (vii) otherwise use the Service, Debit Rewards Offers or any services provided in connection with them except as expressly allowed under this Section 1.

      OWNERSHIP. The Service 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 the Service, 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 the Service, 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 the Service, 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 the Service, 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.

      If you select services that are offered by third parties or merchants through such offers or on our behalf, you will be agreeing that we have your consent to give such third parties or merchants your geographic location, and other data, collected and stored in aggregate, as necessary for such third parties or merchants to make their offerings and services available to you and to permit us to use Financial Account Data to help us suggest savings opportunities or additional products and services to you. Except as specified here, we and the third parties or merchants acting on our behalf shall not use or keep any of your personally identifiable information.

      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 the Service and any related services, temporarily or permanently, including but not limited to (i) the amount of storage space you have available through the Service at any time, and (ii) the number of times (and the maximum duration for which) you may access the Service 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 the Service and any related services to which such changes relate. Your continued use of the Service or any related services will constitute your acceptance of and agreement to such changes. Maintenance of the Service 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 the Service, 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. The Service 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 the Service 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”.
      • 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.
    8. Mobile Banking Services
    9. END USER LICENSE AGREEMENT TERMS FOR MOBILE BANKING To be Agreed to by End User Prior to Use of the Mobile Banking Service 1. General. Access to your financial institution's services via your mobile device is powered by the mobile technology solution owned by mFoundry, Inc (the "Licensor"). The Licensor is not the provider of any of the financial services available to you through the Software (defined below), and the Licensor is not responsible for any of the materials, information, products or services made available to you through the Software.

      1. Ownership. You acknowledge and agree that the Licensor is the owner of all right, title and interest in and to the mobile technology solution made available to you hereunder, including but not limited to any downloaded software and the computer programs contained therein, as well as any accompanying user documentation, and all subsequent copies, updates or versions thereof, regardless of the media or form in which they may exist (all of which is collectively referred to herein as the "Software"). You may not use the Software unless you have first accepted the terms of this Agreement.
      2. License. Subject to the terms and conditions of this Agreement, you are hereby granted a personal, nonexclusive, nontransferable license to use the Software (in machine readable object code form only) in accordance with the terms of this Agreement and for the sole purpose of enabling you to use and enjoy the benefits of your financial institution's services made available via the Software. This is not a sale of the Software. All rights not expressly granted to you by this Agreement are hereby reserved by the Licensor. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This license may be terminated at any time, for any reason or no reason, by you or the Licensor. Upon termination, you agree to immediately destroy all copies of any Software which had been downloaded to your mobile device or otherwise in your possession or control.
      3. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
      4. Updates. The terms of this Agreement will govern any updates that replace and/or supplement the original Software, unless such update is accompanied by a separate license in which case the terms of that license will govern.
      5. Text Messages. Text messaging services are provided by your financial institution and not by any other third party. You and your financial institution are solely responsible for the content transmitted through text messages sent between you and your financial institution. You must provide source indication in any text messages you send (e.g. mobile telephone number, "From" field in text message, etc.) You are responsible for any text message fees charged by your wireless carrier.
      6. Consent to Use of Data. You agree that the Licensor may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services (if any) related to the Software. The Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies.
      7. Export Restrictions. You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
      8. U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
      9. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
      10. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MFOUNDRY OR ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, THE LICENSOR'S LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
      11. Miscellaneous. This Agreement constitutes the entire agreement between you and the Licensor concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of California, excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and you expressly consent to jurisdiction and venue thereof and therein. This Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded. END USER TERMS FOR SMS The services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from your financial institution. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service. The services are provided by your financial institution and not by any other third party. You and your financial institution are solely responsible for the content transmitted through the text messages sent to and from your financial institution. You must provide source indication in any messages you send (e.g., mobile telephone number, 'From' field in text message, etc.).
  3. Description of Services
  4. The following information applies to OnLine Banking Services and OnLine Bill Payment Services unless stated otherwise.

    1. Processing Automatic Payments, Recurring Payments or One-Time Payments or Transfers
    2. You can make payments in one of four ways, automatic (if supported), one time, recurring, or expedited.

      You may use automatic payments for payees that participate in the OnLine Bill Payment Service and that you set up to be paid without review, up to dollar amount you designate.

      You may use one-time transfers and payments for transactions which occur on an infrequent or irregular basis, or which vary in amount.

      You may use the recurring payment feature when you pay a set amount to a single Merchant/Payee at regular intervals, for example a car loan payment.

      You may use recurring transfers when you pay a set amount to your Washington Trust Bank loan or credit card account or to transfer a set amount to another authorized account on specific dates or scheduled intervals.

      You may choose to expedite your payment for next day delivery for a fee. The payment method will be determined by the payee and the fee will be subtracted from your Bill Payment funding account. Only payees that qualify for expedited delivery will be eligible for this service.

      The Bank will provide you with a confirmation number that the payment or transfer has been scheduled. Additionally, you may verify that any payment or transfer has been processed, by logging into your OnLine Banking Service.

    3. Processing Bill Payments
    4. Payments you make through Bill Payment service are processed in one of two ways. Most payments are made by electronic transmission to the Merchant/Payee you have designated. All other payments are made with a check to your designated Merchant/Payee. When more than one customer schedules a payment to the same Merchant/Payee on the same date (a frequent occurrence), we may issue either a consolidated check or individual check to the Merchant/Payee with an accompanying paper list which includes each customer by name, the account number to be credited and amount of each payment. For payments issued by check, if a Payee fails to negotiate the check within 90 days, we will stop payment on the check and redeposit the funds into your account for the amount of the payment.

      When you enter a payment, you enter the date that you want the payment to be processed. Payments scheduled for a non-business day are processed on the next business day. The payment amount will be debited from your designated account on the day following the processing date. You should allow at least five (5) business days between the business date you schedule for the payment to be initiated and the payment due date (this includes payments to Merchants/Payees with accounts maintained at the Bank). If you do not, you will be fully responsible for all late fees, finance charges, or other action taken by the payee. Funds must be available in your designated account on the scheduled payment processing date.

      Expedited payments may be made in order to decrease the amount of time needed to deliver the payment to the payee. Only payees eligible for expedited payments will be made available for this service. The payment type for expedited payments for a particular payee can vary, depending on the time of day. If the payment can not be expedited (can not arrive to the payee more quickly than a standard payment would) it will not be displayed and the service will not be offered on that payment. Overnight checks will not be available for delivery to P.O. Box addresses or to locations in Alaska, Hawaii or any foreign US Territory outside the contiguous 48 states and the District of Columbia. If the payment is received later than the delivery date specified at the time the payment was scheduled, the user is eligible for a refund of the convenience fee. However, late fees charged by the payee are not the responsibility of Washington Trust Bank and will not be refunded.

    5. Limitations and Dollar Amounts for Transfers and Payments.
    6. Transfer or Payment

      Limitation/Dollar Amount

      Online Transfers
      OnLine Banking transfer between accounts that are authorized and appear in the same online session as accessed by the codes in which the name(s) of the customer and social security number(s) are the same on the accounts being charged and credited:

      Charged account available balance, unless a credit card account, in which case the ledger balance is used

      OnLine Bill Payments
      OnLine Bill Payments for the same amount on the same date to the same payee will be considered duplicate payments and may be denied

      Multiple Payments to Same Payee
      The OnLine Bill Payment Service does not allow you to set up multiple recurring payments to the same payee name. If you have existing multiple recurring payments on your current bill payment product, only one of those payments will be allowed. You will be required to remove all but one of your recurring payments to that named payee. It may be possible to set up additional payments to the same creditor entity by setting up alternate payee names for that entity in order to retain your ability to make multiple payments that single entity and to continue making different payments at during a month.

      $9,999.99/bill payment transaction; cap of $19,999.99 per day

      In order for a business customer to transfer through OnLine Banking Services, a written agreement must be on file with us.

      The Bill Payment Service will support multiple funding accounts. An initial account must be setup to support the Bill Payment service at the time of Bill Payment registration. Following that, you may elect to call the Bank and have additional funding accounts set up on the system from which payments can be made. Each time a bill is set up to be paid, you may choose which funding account you want debited for the amount of that payment.

      In order to remove or delete a funding account from the Bill Payment Service, you must call the Bank to complete this request. Any Merchants/Payees that are associated with such a removed or deleted funding account will need to be set up to debit from a new funding account before any future bills may be paid to them.

      If you delete a payee, all previous bill payment images and payment history for that deleted payee will be immediately deleted from the OnLine Bill Payment Service online records and any pending payments for that deleted payee will be cancelled.

      A rolling 12-month history of payments to your OnLine Bill Payment Service payees will be available online. Bank may also offer a year-end CD of all calendar year bill payment activity for a fee to be established by Bank, from time to time. If offered, the year-end CD will be made available only via the OnLine Banking system.

      When you schedule a payment or transfer, you authorize Washington Trust Bank to withdraw the necessary funds from your Washington Trust Bank designated checking and/or deposit account when we execute your request, without regard to when that payment or transfer is actually paid or posted. You agree that you will instruct Washington Trust Bank to make a withdrawal only when a sufficient balance is or will be available in your accounts at the time of withdrawal. If you do not have a sufficient balance, including available credit under any overdraft protection plan, we may either complete the transfer or payment – creating an overdraft – or refuse to complete the transfer or payment. In either case, we reserve the right to impose a non-sufficient funds (NSF) or Overdraft (OD) fee. In addition, you recognize that the payee of any such rejected or refused transfer or payment may be advised of the reason a payment is rejected or refused. If a bill payment causes the account to have non-sufficient funds in it, all payments set to be made from that funding account will be cancelled until sufficient balances are restored by you. Once the NSF is resolved and the funding account is reactivate for OnLine Bill Payment Services, recurring payments will be reinstated as of that date such that any future-dated recurring payments will be processed. However, any instances of recurring payments that were scheduled to occur during the NSF period will not be reinstated and are your obligation to pay directly. In addition, single payments, even if scheduled to be processed for a date well into the future, will remain cancelled after an NSF event until you set them up again to be paid through the OnLine Bill Payment Service .

    7. Canceling or Changing Transfers or Payments OnLine or By Telephone.
    8. In order to cancel or change future dated OnLine Bill Payment Services payments, sign on to OnLine Bill Payment Services section of the Bank's OnLine Banking Services Internet website. The cancel feature is found as an option under the OnLine Bill Payment Service listings.

      You may cancel a bill payment transaction or transfer online up to the date you scheduled it for processing. We must receive your instructions to cancel before the cut-off time 6:00 p.m. Pacific Time for payments and 8:45 p.m. Pacific Time for transfers on the date the bill payment or transfer was scheduled to be processed.

      Note: Although the easiest, most convenient and least costly way to cancel a transaction is through the method described above, you may request to cancel a future dated payment scheduled through the OnLine Bill Payment Service by calling the Bank's Priority Service at 800-788-4578.

      We must receive your bill payment or transfer cancellation request by telephone three business days or more before the transaction is scheduled for processing. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. If you call to cancel a payment that is pending, you may be charged for a stop payment in accordance with the agreement for the appropriate account linked to the service.

  5. Other Terms and Conditions
    1. Monthly OnLine Banking and OnLine Bill Payment Service Fees
    2. There currently is no monthly service charge for OnLine Banking Services or for OnLine Bill Payment Services.

    3. Other Fees
    4. You should note that depending on how you access OnLine Banking Services or OnLine Bill Payment Services, you may incur charges for:

      • normal account fees and service charges.
      • any Internet service provider fees.
      • cell phone provider fees and services if you chose to use mobile banking services

      Additionally, fees may be assessed for added service requests not part of OnLine Banking or OnLine Bill Payment Services, such as check reorders, check and statement copy orders, non-sufficient funds fees or transaction research fees for transactions not shown on current online reports. Please consult your deposit account agreements and the Bank's Deposit Account Disclosures publication (which is available upon your request and at any Bank branch) for details regarding such possible fees.

    5. Business Days and Cut-Off Times
    6. For OnLine Banking Services and OnLine Bill Payment Service our business days are Monday through Friday, excluding bank holidays.

      If scheduled before cut-off, any payments to Washington Trust Bank credit card, mortgage, consumer loan, and line of credit accounts, and all Washington Trust Bank deposit account to deposit account transfers, will be applied as of that date.

      For transfer payments to a Washington Trust Bank credit card account, in some cases, it may take up to 2 to 3 business days for the credit to post. To have a deposit account transfer or a transfer or payment to a Washington Trust Bank loan or credit card account processed on the same business day, we must receive your instructions before the following cut-off times:

      Service Cut-off time
      Bill Payments 6:00 P.M. Pacific Time
      Transfers

      8:45 P.M. Pacific Time

      If you request a payment for a future date, we process the transaction on that date, provided it is a business day. If the date you request is not a business day, or if we receive your instruction after the cut-off time, we process the transaction on our next business day.

    7. Service Hours
    8. OnLine Banking Services and OnLine Bill Payment Services are generally available 24 hours a day, 365 days a year, except Sundays from 12:00 midnight to 3:00 A.M. Pacific Time, when the OnLine Banking and OnLine Bill Payment systems may be shut down for routine maintenance and upgrades, and in the event of unscheduled maintenance or down time. The Bank's Priority Service call center is available from 7:00 a.m. to 9:00 p.m., Monday through Friday, and from 8:00 a.m. to 5:00 p.m. on Saturday, excluding bank holidays. (Pacific Time)

    9. Canceling Your OnLine Banking Services or OnLine Bill Payment Service
    10. You may cancel any of these services by notifying us of your intent to cancel in writing, through secure online mail, or by calling the Bank's Priority Service. Please specify the service you would like cancelled. Cancellation of OnLine Banking Services or OnLine Bill Payment Service will not terminate your Washington Trust Bank accounts.

      We may terminate your participation in OnLine Banking Services or OnLine Bill Payment Service for any reason, at any time. We will try to notify you in advance, but we are not obliged to do so.

      If you choose to cancel your OnLine Bill Payment Service, any future-dated payments you had scheduled to be processed after the business day will be canceled and you must arrange for alternative payment. Any same day or previously scheduled bill payment transactions that were scheduled to be processed on the same business day as you cancel will not be affected.

    11. Joint Accounts
    12. When your OnLine Banking Services or OnLine Bill Payment Service is linked to one or more joint accounts, we will only act on the verbal, written or electronic instructions of an authorized signer on the joint account who has also obtained the necessary OnLine Banking and/or OnLine Bill Payment Service authorizations from the Bank, as described in Section III, C, above.

    13. Changes to Agreement
    14. We may change this agreement at any time. For example, we may add, delete or amend terms or services. We will notify you of such changes by mail, by electronic message or by requiring you to acknowledge revised terms and conditions as a part of the log on procedures for the OnLine Banking or OnLine Bill Payment system. If you maintain your OnLine Banking Services or OnLine Bill Payment Service after the effective date of a change, you indicate your agreement to be bound by the Terms and Conditions associated with such change.

    15. Inactivity and Termination
    16. You are responsible for complying with all the terms of this agreement and with the terms of the agreement governing the accounts which you access using OnLine Banking Services and/or OnLine Bill Payment Services. We can terminate your OnLine Banking Service and/or OnLine Bill Payment Service privileges under this agreement without notice to you if you do not pay any required fee when due, if you do not comply with this agreement, or the agreements governing your accounts or your accounts are not maintained in good standing. If you do not login to the Service during any consecutive 90-day period, we will consider your account inactive. After 180 consecutive days with no login activity, your Service will be automatically terminated without notice. If your OnLine Banking or OnLine Bill Payment Service is considered terminated, you must contact us to have the Service(s) re-activated before you will be able to schedule any transaction through that Service.

    17. Transfers or Payments From Savings or Market Rate Deposit Accounts
    18. Federal regulations limit the number of pre-authorized electronic fund transfers, including OnLine Banking Services transfers or OnLine Bill Payment bill payment transactions – from savings and market rate deposit accounts. You are limited to six pre-authorized electronic fund transfers (and telephone transfers), checks and point-of-sale transactions per statement cycle. Of these six transactions, you are limited to only three transactions by check or point-of-sale. (For information on these accounts, see our publication entitled "Deposit Account Disclosures," which is available upon your request and at any Bank branch). Each transfer or payment through OnLine Banking Services or OnLine Bill Payment service from your savings or money market deposit account is counted as one of the six limited transfers you are permitted each statement period. We may charge a fee for each transaction in excess of this limit. Payments to your Washington Trust Bank loans are counted toward this limit for savings and market rate deposit accounts.

    19. Contact by Washington Trust Bank or Affiliated Parties
    20. No Washington Trust Bank or Merchant/Payee employee, or company affiliated with Washington Trust Bank OnLine Banking Services, OnLine Bill Payment or Telephone Transfer service, will contact you via email or phone requesting your OnLine Banking Password or OnLine Bill Payment Access Code. If you are contacted by anyone requesting this information, please contact us immediately.

    21. Reporting Unauthorized Transactions
    22. To report unauthorized transactions, call the Bank's Priority Service call center at 800-788-4578. In addition, for consumers, see Section V below, and for business customers, see Section VI below.

    23. Initiating Payment Inquiries
    24. To initiate a payment inquiry, you may use OnLine Banking Services to send the request via secure online mail. If you are an OnLine Bill Payment Service user, you may access payment status information on the OnLine Bill Payment Service Internet website. You should allow at least five business days for the payment to be received and processed by your Payee before you may make a payment inquiry.

    25. Disclosure of Account Information
    26. We will disclose information to third parties about your account or your transactions in accordance with Washington Trust Bank's Privacy Policy given to you when you opened your account and thereafter on at least an annual basis, including, but not limited to:

      • when it is necessary for completing your requested transfers or bill payments.
      • to verify the existence and condition of your account for a third party, such as a credit bureau or merchant.
      • to comply with a government agency or court orders or with the request of a federal regulator.
      • if you give us your permission.
      • at our discretion, to our affiliates.
      • on a closed account, if we reasonably believe you have mishandled it.
    27. Account Statements
    28. We report your OnLine Banking Services and OnLine Bill Payment Services transactions on the monthly statements for your accounts. A description of each transaction will be included. For transfers, the amount of any OnLine Banking Service transfers will be listed in the deposit or withdrawal sections of your statements for the affected deposit accounts or in the payment section of your credit card or loan account statement. For OnLine Bill Payment Service bill payments, a description of whom you paid, the date the payment was executed and the amount of the transaction will appear in the withdrawal section of the statement for your checking account.

    29. Force Majeure
    30. We are not responsible for any failure to perform requested OnLine Banking Services and/or OnLine Bill Payment Services, or to provide access to such Services to you, as a result of circumstances, acts, actions, events or conditions beyond our reasonable control, including, without limitation, delays or interruptions in computer networks, systems or funds transfer systems or facilities, labor disputes, power failures, equipment malfunctions, suspension of payment by another bank or payee, refusal or delay by another bank or payee to accept a bill payment or funds transfer, war, terrorist act, fire, flood, earthquake, volcanic eruption, emergency conditions. The occurrence of any such circumstance, act, action, event or condition may extend the time when transfers or payments are credited and/or the performance of OnLine Banking Services and/or OnLine Bill Payment Services for the duration of such circumstance, act, action, event or condition.

    31. Governing Law; Jurisdiction and Venue; Jury Trial Waiver.
    32. This Agreement shall be governed by the laws of the State of Washington, without regard to conflicts of law principles, and where applicable, by federal law. Customer consents to the jurisdiction of the courts of the State of Washington, waives any argument that such venue is inconvenient and agrees to bring litigation commenced in connection with the OnLine Banking Service, the OnLine Bill Payment Service and/or this Agreement in either the Superior Court of Spokane County, Washington, or the Federal District Court for the Eastern District of Washington. Bank and Customer hereby agree to waive trial by jury in any judicial proceeding involving, directly or indirectly, any matter (whether in tort, contract or otherwise) in any way arising out of, related to or connected with these Services or this Agreement. Bank and Customer represent and warrant to each other that this jury trial waiver is knowingly, willingly and voluntarily given.

  6. Provisions Applicable to Consumers Only
    1. In Case of Errors or Questions About Your Electronic Transactions
    2. ELECTRONIC FUND TRANSFERS

      YOUR RIGHTS AND RESPONSIBILITIES

      This Electronic Fund Transfer disclosure does not apply to any accounts other than consumer accounts, as defined by Regulation E. Indicated below are types of Electronic Fund Transfers we are capable of handling, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You should keep this notice for future reference.

      Electronic Fund Transfers Initiated By Third Parties. You may authorize a third party to initiate electronic fund transfers between your account and the third party's account. These transfers to make or receive payment may be onetime occurrences or may recur as directed by you. These transfers may use the Automated Clearing House (ACH) or other payments network. Your authorization to the third party to make these transfers can occur in a number of ways. For example, your authorization to convert a check to an electronic fund transfer or to electronically pay a returned check charge can occur when a merchant provides you with notice and you go forward with the transaction (typically, at the point of purchase, a merchant will post a sign and print the notice on a receipt). In all cases, these third party transfers will require you to provide the third party with your account number and bank information. This information can be found on your check as well as on a deposit or withdrawal slip. Thus, you should only provide your bank and account information (whether over the phone, the Internet, or via some other method) to trusted third parties whom you have authorized to initiate these electronic fund transfers. Examples of these transfers include, but are not limited to:

      • Preauthorized credits. You may make arrangements for certain direct deposits (such as paychecks, social security or retirement funds) to be accepted into your checking or savings account(s).

      • Preauthorized payments. You may make arrangements to pay certain recurring bills from your checking or savings account(s).

      • Electronic check conversion. You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to pay for purchases or pay bills.

      • Electronic returned check charge. You may authorize a merchant or other payee to initiate an electronic funds transfer to collect a charge in the event a check is returned for insufficient funds. Please also see Limitations on frequency of transfers section regarding limitations that apply to savings accounts.

      Priority Service Telephone Transfers - types of transfers - You may access your account by telephone 24 hours a day at 1-800-788-4578 using your personal identification number, a touch tone phone, and your account numbers, to:

      transfer funds from checking to checking or savings

      transfer funds from savings to checking or savings

      get information about:

      - the account balance of checking or savings account(s)

      - the current and previous statement cycle's deposits to checking or

      savings accounts

      - the current and previous statement cycle's withdrawals from checking

      or savings accounts

      Please also see Limitations on frequency of transfers section regarding limitations that apply to telephone transfers.

      ATM Transfers - types of transfers, dollar limitations, and charges -

      You may access your account(s) by ATM using your ATM Card and personal identification number or Visa® Debit Card and personal identification number,

      to:

      make deposits to checking or savings account(s)

      get cash withdrawals from checking or savings account(s)

      - you may withdraw no more than $379.00 per day using the Washington Trust Bank Debit Card or the WTB Debit Rewards Card, unless a different dollar amount has been agreed upon in advance

      - you may withdraw no more than $1,000.00 per day using the WTB Debit Rewards Plus Card, unless a different dollar amount has been agreed upon in advance

      - there is a charge per withdrawal at ATMs we do not own or operate (see separate fee schedule)

      transfer funds from savings to checking account(s)

      transfer funds from checking to savings account(s)

      get information about:

      - the account balance of your checking or savings account(s) Some of these services may not be available at all terminals. Please also see Limitations on frequency of transfers section regarding limitations that apply to ATM transfers.

      Types of ATM Card Point-of-Sale Transactions - You may access your checking or savings account(s) to purchase goods (in person) and pay for services (in person).

      Point-of-Sale Transactions (dollar limitations.) Using your card, you may not exceed $379.00 in transactions per day with the Washington Trust Bank Debit Card or the WTB Debit Rewards Card, in combination with ATM withdrawals, unless a different dollar amount has been agreed upon in advance. You may not exceed $1,000.00 in transactions per day with the WTB Debit Rewards Plus Card, in combination with ATM withdrawals, unless a different dollar amount has been agreed upon in advance.

      Types of Visa® Debit Card Point-of-Sale Transactions - You may access your checking account(s) to purchase goods (in person, online, or by phone), pay for services (in person, online, or by phone), get cash from a merchant, if the merchant permits, or from a participating financial institution, and do anything that a participating merchant will accept.

      Point-of-Sale Transactions (dollar limitations.) Using your card, you may not exceed $2,500.00 in transactions per day using the Washington Trust Bank Debit Card or the WTB Debit Rewards Card, in combination with ATM withdrawals, unless a different dollar amount has been agreed upon in advance. You may not exceed $5,000.00 in transactions per day with the WTB Debit Rewards Plus Card, in combination with ATM withdrawals, unless a different dollar amount has been agreed upon in advance. Please also see Limitations on frequency of transfers section regarding limitations that apply to debit card transactions.

      Currency Conversion and International Transactions. When you use your Visa® Debit Card at a merchant that settles in currency other than US dollars, the charge will be converted into the US dollar amount. The currency conversion rate used to determine the transaction amount in US dollars is either a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or the government-mandated rate in effect for the applicable central processing date. The conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or posting date.

      Visa USA charges us a .8% International Service Assessment on all international transactions, regardless of whether there is a currency conversion. If there is a currency conversion, the International Service Assessment is 1% of the transaction. In either case, we pass this international transaction fee on to you. An international transaction is a transaction where the country of the merchant is outside the USA.

      Advisory Against Illegal Use. You agree not to use your card(s) for illegal gambling or other illegal purpose. Display of a payment card logo by, for example, an online merchant does not necessarily mean that transactions are lawful in all jurisdictions in which the cardholder may be located.

      Non-Visa Debit Transaction Processing. We have enabled non-Visa debit transaction processing. This means you may use your Visa-branded debit card on a PIN-Debit Network* (a non-Visa network) without using a PIN.

      The non-Visa debit network(s) for which such transactions are enabled are: NYCE Network.

      Examples of the types of actions that you may be required to make to initiate a Visa transaction on your Visa-branded debit card include signing a receipt, providing a card number over the phone or via the Internet, or swiping the card through a point-of-sale terminal.

      Examples of the types of actions you may be required to make to initiate a transaction on a PIN-Debit Network include initiating a payment directly with the biller (possibly via telephone, Internet, or kiosk locations), responding to a logo displayed at a payment site and choosing to direct payment through that network, and having your identity verified using known information derived from an existing relationship with you instead of through use of a PIN. The provisions of your agreement with us relating only to Visa transactions are not applicable to non-Visa transactions. For example, the additional limits on liability (sometimes referred to as Visa's zero-liability program) and the streamlined error resolution procedures offered on Visa debit card transactions are not applicable to transactions processed on a PIN-Debit Network.

      *Visa Rules generally define PIN-Debit Network as a non-Visa debit network that typically authenticates transactions by use of a personal identification number (PIN) but that is not generally known for having a card program.

      OnLine Banking Computer Transfers - types of transfers - You may access your account(s) by computer through the internet by logging onto our web site at watrust.com and using your user identification and password, to:

      transfer funds from checking to checking or savings

      transfer funds from savings to checking or savings

      transfer funds from most lines of credit to checking or savings

      make payments from checking or savings to most loan account(s) with us

      make payments from checking to third parties using the bill payment service

      get information about:

      - the account balance of checking or savings account(s)

      - the current and previous statement cycle's deposits to checking or savings accounts

      - the current and previous statement cycle's withdrawals from checking or savings accounts

      WTB Mobile Transfers - types of transfers - You may access your account(s) through the browser on your cell or mobile phone at watrust.mobi using online banking account credentials, to:

      transfer funds from checking to checking

      transfer funds from checking to savings

      transfer funds from savings to checking

      transfer funds from savings to savings

      transfer funds from most lines of credit to checking or savings

      make payments from checking or savings to most loan account(s) with us

      make payments from checking to third parties via bill payment service

      get information about:

      - the account balance of checking and savings account(s)

      - the current and previous statement cycle deposits to checking or savings accounts

      - the current and previous statement cycle withdrawals from checking or savings accounts

      You may access your account(s) via text message on your cell or mobile phone using online banking account credentials, to:

      transfer funds from checking to checking

      transfer funds from checking to savings

      transfer funds from savings to checking

      transfer funds from savings to savings

      transfer funds from most lines of credit to checking or savings

      get information about:

      - the account balance of checking and savings account(s)

      - the current and previous statement cycle deposits to checking or savings accounts

      - the current and previous statement cycle withdrawals from checking or savings accounts

      Please also see Limitations on frequency of transfers section regarding limitations that apply to computer transfers.

      Limitations on frequency of transfers. In addition to those limitations on transfers elsewhere described, if any, the following limitations apply:

      Transfers from a money market account to another account or to third parties by preauthorized, automatic, telephone, or computer transfer or by check, draft, debit card, or similar order to third parties are limited to six per statement cycle.

      Transfers from a savings account to another account or to third parties by preauthorized, automatic, telephone, or computer transfer or by debit card, or similar order to third parties are limited to six per month.

      FEES

      We do not charge for direct deposits to any type of account.

      We do not charge for preauthorized payments from any type of account. Except as indicated elsewhere, we do not charge for these electronic fund transfers.

      ATM Operator/Network Fees. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).

      DOCUMENTATION

      • Terminal transfers. You can get a receipt at the time you make a transfer to or from your account using an automated teller machine or point-of-sale terminal. However, you may not get a receipt if the amount of the transfer is $15 or less.

      • Preauthorized credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at 1-800-788-4578 to find out whether or not the deposit has been made.

      • Periodic statements.

      You will get a monthly account statement from us for your checking accounts. You will get a monthly account statement from us for your savings accounts, unless there are no transfers in a particular month. In any case,you will get a statement at least quarterly.

      PREAUTHORIZED PAYMENTS

      • Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how: Call or write us at the telephone number or address listed in this brochure in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. Please refer to our separate fee schedule for the amount we will charge you for each stop-payment order you give.

      • Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

      • Liability for failure to stop payment of preauthorized transfer. 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.

      FINANCIAL INSTITUTION'S LIABILITY

      Liability for failure to make transfers. 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.

      (2) If you have an overdraft line and the transfer would go over the credit limit.

      (3) If the automated teller machine where you are making the transfer does not have enough cash.

      (4) If the terminal or 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, despite reasonable precautions that we have taken.

      (6) There may be other exceptions stated in our agreement with you.

      CONFIDENTIALITY

      We will disclose information to third parties about your account or the

      transfers you make:

      (1) where it is necessary for completing transfers; or

      (2) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or

      (3) in order to comply with government agency or court orders; or

      (4) as explained in the separate Privacy Disclosure.

      UNAUTHORIZED TRANSFERS

      (a) Consumer liability.

      • Generally. Tell us AT ONCE if you believe your card and/or code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or theft of your card and/or code, you can lose no more than $50 if someone used your card and/or code without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

      If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. • Additional Limit on Liability for Visa® Debit Card. Unless you have been grossly negligent or have engaged in fraud, you will not be liable for any unauthorized transactions using your lost or stolen Visa® Debit Card. This additional limit on liability does not apply to ATM transactions or to transactions using your Personal Identification Number which are not processed by VISA®.

      (b) Contact in event of unauthorized transfer. If you believe your card and/or code has been lost or stolen, call or write us at the telephone number or address listed in this brochure. You should also call the number or write to the address listed in this brochure if you believe a transfer has been made using the information from your check without your permission.

      ERROR RESOLUTION NOTICE

      In Case of Errors or Questions About Your Electronic Transfers, Call or Write us at the telephone number or address listed in this brochure, 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 (5 business days for Visa® Debit Card point-of-sale transactions processed by Visa and 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 (5 business days for Visa® Debit Card point-of-sale transactions processed by Visa and 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. 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.

      WASHINGTON TRUST BANK
      PRIORITY SERVICE
      P.O. BOX 2127
      SPOKANE, WASHINGTON 99210
      Business Days: Monday through Friday
      Excluding Federal Holidays
      Phone: 1-800-788-4578

      To report a lost or stolen ATM card or debit card after hours, weekends or holidays, please call 1-800-788-4578.

      MORE DETAILED INFORMATION IS AVAILABLE ON REQUEST

      NOTICE OF ATM/NIGHT DEPOSIT

      FACILITY USER PRECAUTIONS

      As with all financial transactions, please exercise discretion when using an automated teller machine (ATM) or night deposit facility. For your own safety, be careful. The following suggestions may be helpful.

      1. Prepare for your transactions at home (for instance, by filling out a deposit slip) to minimize your time at the ATM or night deposit facility.
      2. Mark each transaction in your account record, but not while at the ATM or night deposit facility. Always save your ATM receipts. Don't leave them at the ATM or night deposit facility because they may contain important account information.
      3. Compare your records with the account statements you receive.
      4. Don't lend your ATM card to anyone.
      5. Remember, do not leave your card at the ATM. Do not leave any documents at a night deposit facility.
      6. Protect the secrecy of your Personal Identification Number (PIN). Protect your ATM card as though it were cash. Don't tell anyone your PIN. Don't give anyone information regarding your ATM card or PIN over the telephone. Never enter your PIN in any ATM that does not look genuine, has been modified, has a suspicious device attached, or is operating in a suspicious manner. Don't write your PIN where it can be discovered. For example, don't keep a note of your PIN in your wallet or purse.
      7. Prevent others from seeing you enter your PIN by using your body to shield their view.
      8. If you lose your ATM card or if it is stolen, promptly notify us. You should consult the other disclosures you have received about electronic fund transfers for additional information about what to do if your card is lost or stolen.
      9. When you make a transaction, be aware of your surroundings. Look out for suspicious activity near the ATM or night deposit facility, particularly if it is after sunset. At night, be sure that the facility (including the parking area and walkways) is well lighted. Consider having someone accompany you when you use the facility, especially after sunset. If you observe any problem, go to another ATM or night deposit facility.
      10. Don't accept assistance from anyone you don't know when using an ATM or night deposit facility.
      11. If you notice anything suspicious or if any other problem arises after you have begun an ATM transaction, you may want to cancel the transaction, pocket your card and leave. You might consider using another ATM or coming back later.
      12. Don't display your cash; pocket it as soon as the ATM transaction is completed and count the cash later when you are in the safety of your own car, home, or other secure surrounding.
      13. At a drive-up facility, make sure all the car doors are locked and all of the windows are rolled up, except the driver's window. Keep the engine running and remain alert to your surroundings.
      14. We want the ATM and night deposit facility to be safe and convenient for you. Therefore, please tell us if you know of any problem with a facility. For instance, let us know if a light is not working or there is any damage to a facility. Please report any suspicious activity or crimes to both the operator of the facility and the local law enforcement officials immediately.
    3. Limitations of Bank's Liability
    4. Tell us at once if you believe your OnLine Banking Services or OnLine Bill Payment Codes has been compromised or if someone has transferred or may transfer money from your account without your permission. The best way to minimize your loss is to call us IMMEDIATELY. The unauthorized use of your OnLine Banking Services or OnLine Bill Payment Service could cause you to lose all of your money in your accounts, plus any amount available under your overdraft protection.

      You will have no liability for unauthorized transactions if you notify us within 60 days after the statement showing the transaction is mailed to you. If you do not, you may not get back any of the money you lost from any unauthorized transaction that occurs after the close of the 60-day period if we can show that we could have stopped the transaction if you had notified us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we may extend the time periods.

      If you give someone your OnLine Banking Service or OnLine Bill Payment Service Codes, you are authorizing that person to use your service, and you are responsible for all transactions the person performs using your service. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. For your protection, you agree to keep your password confidential, change your password periodically, and sign out of the Service after every OnLine Banking or OnLine Bill Payment session and close your browser so as not to leave an active session unattended by you and to ensure confidentiality.

      In addition, we will not be liable for your losses or damages if we do not complete a transaction to or from your account on time, or in the correct amount according to our agreement with you:

      • if, through no fault of ours, you do not have enough available funds in your account (ledger funds in the case of a credit card account or available credit under your overdraft protection plan) to cover the transaction or transfer.
      • if, in the case of scheduled transfers, alerts or electronic bills , the email address entered into the system by you is out of date or if the balance or bill alert is not delivered to you or is delayed by your internet service provider or email service provider.
      • if OnLine Bill Payment Services or OnLine Banking Services was not working properly, and you knew about the malfunction when you started the transaction or transfer.
      • if circumstances beyond our control (such as fire, flood or other acts of God) prevent the transaction or transfer, despite reasonable precautions we have taken.
      • if there are postal delays or processing delays by a Payee of an online bill payment.
      • if there may be other exceptions not specifically mentioned here, including those listed in Section IV, P, above.
    5. Indemnity.
    6. You agree to indemnify, hold harmless, and defend Washington Trust Bank from and against any and all claims, actions, suits, judgments and expenses (including court costs and reasonable fees of attorneys, accountants and expert witnesses) at your sole expense, arising from your failure to abide by the restrictions and prohibitions on use of the OnLine Banking Services and/or OnLine Bill Payment Services set forth herein.

      You agree that the following uses of the OnLine Banking Services and/or OnLine Bill Payment Services are strictly prohibited:

      • Unauthorized communication of any account information belonging to any other person or entity.
      • Unauthorized communication of any information concerning any password or other online user identification (Codes), or identification or any other proprietary information belonging to any other person or entity.
      • Use of the OnLine Banking Services to copy or to distribute or transmit copies of copyrighted materials belonging to any other person or entity is permitted only to the extent that the owner has provided express permission to the user permitting such activity and we have also approved such use in advance.
      • Communicating any obscene or defamatory information including but not limited to posting information on any Bank website or in conjunction with email.
      • Any use of the OnLine Banking Services for any purpose other than conducting banking business pertaining to your account(s) with Washington Trust Bank and/or the payment of your and/or use of the OnLine Bill Payment Services for any purpose other than initiating payments of your bills or otherwise conducting banking business pertaining to your account(s) with Washington Trust Bank or your accounts with the payees of such payments.

      You also agree that Bank reserves the right to monitor and review transmissions online and in storage, and to remove or reject any material, which the Bank, in its sole discretion, believes may be unlawful or objectionable, without prior notice to Customer.

  7. Provisions Applicable to Businesses
    1. Protecting your Codes.
    2. You agree that we may send notices and other communications, including confirmations of Codes, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that Washington Trust Bank will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. You agree to:

      • keep your Codes secure and strictly confidential.
      • do not to disclose your Codes to any unauthorized person.
      • immediately notify us and select a new Code if you believe your Code may have become known to an unauthorized person.

      THE BANK WILL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED PAYMENT OR TRANSFER MADE USING YOUR PASSWORD THAT OCCURS BEFORE YOU HAVE NOTIFIED US OF POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE. We may suspend or cancel your Codes even without receiving such notice from you, if we suspect your Codes are being used in an unauthorized or fraudulent manner.

      In addition, for your protection, you agree to change your password periodically, and sign out of the Service after every OnLine Banking or OnLine Bill Payment session and close your browser so as not to leave an active session unattended by you and to ensure confidentiality.

    3. Acknowledgement of Commercially Reasonable Security Procedures.
    4. By using OnLine Banking Services and/or OnLine Bill Payment Services, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions which are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we had a reasonable opportunity to act on such notice).

    5. Limitation of Bank's Liability for Business Customers Only.
    6. If we fail or delay in making an OnLine Banking Service or OnLine Bill Payment Service payment or transfer, pursuant to your instructions, or if we make a payment or transfer in an erroneous amount which is less than the amount per your instructions, unless otherwise required by law, our liability shall be limited to interest on the amount which we failed to timely pay or 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. We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. If we make a payment or transfer in an erroneous amount which exceeds the amount per your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, but in no event to exceed 60 days' interest. If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where the Bank is headquartered for each day interest is due, computed on the basis of a 360-day year. UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL THE BANK 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.

    7. Indemnity.
    8. You agree to indemnify, hold harmless, and defend Washington Trust from and against any and all claims, actions, suits, judgments and expenses (including court costs and reasonable fees of attorneys, accountants and expert witnesses) at your sole expense, arising from your failure to abide by the restrictions and prohibitions on use of the OnLine Banking Services and/or OnLine Bill Payment Services set forth herein.

      You agree that the following uses of the OnLine Banking Services and/or OnLine Bill Payment Services are strictly prohibited:

      • Unauthorized communication of any account information belonging to any other person or entity.
      • Unauthorized communication of any information concerning any password or other online user identification (Codes), or identification or any other proprietary information belonging to any other person or entity.
      • Use of the OnLine Banking Services to copy or to distribute or transmit copies of copyrighted materials belonging to any other person or entity is permitted only to the extent that the owner has provided express permission to the user permitting such activity and we have also approved such use in advance.
      • Communicating any obscene or defamatory information including but not limited to posting information on any Bank website or in conjunction with email.
      • Any use of the OnLine Banking Services for any purpose other than conducting banking business pertaining to your account(s) with Washington Trust Bank and/or the payment of your and/or use of the OnLine Bill Payment Services for any purpose other than initiating payments of your bills or otherwise conducting banking business pertaining to your account(s) with Washington Trust Bank or your accounts with the payees of such payments.

      You also agree that Bank reserves the right to monitor and review transmissions online and in storage, and to remove or reject any material, which the Bank, in its sole discretion, believes may be unlawful or objectionable, without prior notice to Customer.

      For Business Customers only – please complete this section:


      (Business Name)


      (Date)


      (Tax ID)


      (Authorized signer)