TRUST CLIENT POINT ONLINE WEBSITE SERVICE AGREEMENT
This Agreement establishes the terms and conditions that will govern the provision of services offered by Riverview Asset Management & Trust Company (“RAMCO”) through Client Point® (“TRUST WEBSITE”). The terms and conditions included in this Agreement supplement those of the other contracts that govern the trust accounts of the CLIENT with RAMCO.
I. Description of the Services
The TRUST WEBSITE allows the Client to obtain, through the Internet, information about its trust accounts using certain equipment and services as specified hereunder. The basic options to access information are:
- Trust account statement that Client can view and print.
- Graphical summaries of the assets in the account.
- Detail of the assets in the trust account classified by type of investment.
- Detail of transactions registered in the account.
- Capacity to export in electronic form, the trust account’s balance, assets and transaction data for different periods.
The TRUST WEBSITE may provide the following additional options:
- Submit purchase and sale transactions for processing (custodial accounts only)
- Submit instructions for name and/or address changes or contact changes
II. Operation of the Internet Access
The Client must have a trust account with Riverview Asset Management & Trust Company, and will be exclusively responsible for adopting the appropriate safety measures to avoid unauthorized access to the accounts through the Internet. RAMCO will not have any explicit or implicit obligation to investigate or verify if the internet access is being used by a person authorized by the Client, or in accordance with the safety measures adopted by the Client. RAMCO will only be responsible for verifying that any access to the account through the Internet is made by means of the use of the identity code and the corresponding password.
The Client will be responsible for acquiring and providing maintenance to the equipment used to access the TRUST WEBSITE. In order to access the account through the Internet, and use all the services available, the Client must have a personal computer, a printer, Internet access through an internet provider and an Internet browser with SSL encryption technology. The Client will be exclusively responsible for verifying that its equipment is compatible with the specifications of the Internet access. If there are any changes in the required specifications to access the TRUST WEBSITE, the Client will make the necessary changes to the system at its cost. All costs related to the installation, use and maintenance of the equipment, telephone lines and Internet access services will be the exclusive responsibility of the Client. Updated hardware and software requirements for TRUST WEBSITE access can be found at our website, http://www.riverviewinvestments.com.
RAMCO agrees to update periodically, during working hours, the information that can be obtained through the TRUST WEBSITE. Nevertheless, RAMCO does not assume the obligation to update such information on a specific time, or follow a predetermined schedule. RAMCO’s working hours for this purpose will be from 8:00 a.m. to 5:00 p.m. Monday through Friday, except holidays.
RAMCO will be diligent in updating the information of the Client’s account and if applicable, in processing the transactions submitted by the Client through the TRUST WEBSITE. Nevertheless, RAMCO will not be responsible for any incorrect or incomplete information or information that it is not updated in the Internet access services.
The Client will have access to the TRUST WEBSITE 7 days per week, 24 hours per day. The Client accepts and agrees that such availability and the ability of RAMCO to provide access to this service depends on the continuous operation and availability of the systems and the telecommunication lines that interconnect the components of the system to the computers of RAMCO, its Internet provider, its browser, the personal computer of the Client and the Client’s access equipment. In addition, the system may be unavailable during system updates, normally performed during late night or early morning hours on weekends. RAMCO will not be responsible for interruption in the Client’s access to the TRUST WEBSITE for any reason.
III. Authorization to access the TRUST WEBSITE services
The Client can designate authorized representatives to obtain data and to process transactions in the account through the Internet. Such designation must be submitted to RAMCO, through the Trust Account Officer or other RAMCO representative responsible for the Client’s account, and include the information of each authorized representative. Each authorized representative will have his/her own identity code and password. The Client will be responsible for the actions of these representatives and releases RAMCO of and from any claim related to the actions of the Client’s representatives. From time to time, the Client will be able to replace or add authorized representatives to access the account through this service.
The Client shall notify RAMCO if any authorized representative is no longer authorized to access this service. This notification shall be submitted to RAMCO through a letter; fax or email addressed to the Trust Account Officer and will be effective from the moment it has been received by the Account Officer.
IV. Term
The provisions of this Agreement will be in full effect until one of the parties notifies the other its intention to cancel the service. In such case, the Client will immediately stop its use of the TRUST WEBSITE.
V. Intellectual Property and Trademarks
All the rights in and to the images, text, screens and pages of the TRUST WEBSITE are property of RAMCO or third parties, as specified. The Client will be able to copy information from the TRUST WEBSITE only for its personal use. The Client shall not copy, publish, distribute record, modify, or transfer this information and material, or create derivative reports for public or commercial purposes except as provided in this Agreement. The Client accepts and agrees that the name of the TRUST WEBSITE, as well as other trademarks used here are property of Riverview Asset Management & Trust Company or its affiliates, or third parties. The Client shall not use these trademarks without the prior written consent of RAMCO or the legitimate owner of the trademark.
VI. Warranty
RAMCO makes no warranty or representation of any kind explicit or implicit in connection with the information and materials (including text, graphics, links and other objects) included in the Internet access under this Agreement, including but not limited to, any warranty of merchantability or fitness for any particular purpose. The Client understands and agrees that RAMCO is not responsible for and will have no liability for errors and omissions related to the Internet access. Neither RAMCO nor its providers express or guarantee that the TRUST WEBSITE is appropriate for any particular use by the Client. The Client accepts that it has received from RAMCO suitable information regarding the TRUST WEBSITE, and that it has freely and voluntarily decided to enter into this Agreement and obtain access to the TRUST WEBSITE according to the terms and conditions of this Agreement.
The Client declares and guarantees to RAMCO that it does not have the intention to use and will not use the TRUST WEBSITE for the direct or indirect purpose of providing services (including, without limitation, financial, data processing, administrative or other related services) to any person or organization. Any links to pages or sites of entities that are not affiliated to RAMCO is provided solely as suggested topics that can be of interest or utility for the Client. RAMCO does not have any control concerning these pages or sites. RAMCO does not provide any guarantee as to the exactness, integrity or reliability of these pages or sites, or as to its fitness for any specific purpose, nor guarantee that they are free of defects or claims, viruses, or other contamination. RAMCO does not endorse and is not responsible for the opinions, ideas, products, information or services offered in these pages.
VII. Limitation of Liability
Except as specifically provided in this Agreement or any other contract applicable to the relation between the Client and RAMCO, or as required by law, the Client agrees that RAMCO will not be liable for any loss or damage, direct or indirect, caused by the Internet website access or by any means related to the access and use by the Client.
The Client hereby agrees to indemnify and hold RAMCO harmless from any and all claims, demands, causes of action, losses, liabilities, damages and judgments, or charges of any kind arising in connection to this Section VII.
VIII. Confidentiality
RAMCO will adopt the necessary precautionary measures to ensure that the information of the Client in the Internet access is confidential and that unauthorized third parties do not access such information. RAMCO will be presumed to fulfill this obligation whenever it follows its normal security procedures.
IX. Charges
Certain functionality of the TRUST WEBSITE may have a basic annual fee for each authorized representative (“User”). The total fees are established in the fee schedule applicable to the trust services that RAMCO provides to the Client.
X. Non Authorized Transactions
If the Client believes that it has lost or someone has stolen one of its passwords or secret numbers, or if it suspects that there is any type of fraudulent activity in its account, it must inform RAMCO immediately through the Account Officer responsible for its account.
XI. Other Issues
RAMCO reserves the right to amend, update, modify or discontinue the TRUST WEBSITE at any time and to amend or modify at any time the terms of this Agreement by providing a prior notice to the Client.
The Client will not transfer this Agreement to any person without the prior written consent of RAMCO.
XII. Client Service
If the Client needs any assistance with the internet access, it should contact the Trust Account Officer responsible for its account or a person designated by RAMCO.
XIII. Separability
If any clause contained in this Agreement is declared null, invalid, illegal or in conflict with any statute, applicable law or regulation by a court with jurisdiction, such clause will be deemed to be modified or changed to comply therewith or, if this is not possible, will be excluded from this Agreement and the remaining clauses shall remain in full force and effect.