esign disclosure

Service Agreement and Disclosure
This E-Sign Disclosure and Consent (“Service Agreement and Disclosure”) applies to all required account related electronic documents, disclosures, agreements, and notices (“Account Documents”) associated with opening an account at Berkshire Bank. The purpose of this eDisclosure Agreement is to obtain your consent to receive Account Documents, which may include, among other things, disclosures and notices from us in electronic form rather than in paper form.

Please Read this Agreement Carefully
Before we can engage in this transaction electronically, it is important that you understand your rights and responsibilities. Please read the following and affirm your consent to conduct business with us electronically. For purposes of this eDisclosure Agreement, disclosures, agreements, and notices mean the “Account Documents” related to the transactions that are provided electronically.

The words “we”, “our” and “us” refer to Berkshire Bank with whom you are transacting business for such Accounts and the words “you” and “your” mean you, the individual(s) identified on the Accounts.

“Access Device” means any electronic device you use to access your account and view electronic documents. This includes, but not limited to: a traditional computer such as a desktop or laptop computer; or a mobile device such as a tablet computer or a smartphone.

Account Documents Provided in Electronic Form
This Agreement applies to all initial disclosures, notices, and terms and conditions related to opening an account at Berkshire Bank. This consent will remain effective through the account opening process or until expressly withdrawn by you. This consent does not apply to account documentation during the lifetime of the account (e.g., eStatements) nor does it apply to future account openings. Your consent does not mean that we must provide documents electronically but instead that we may deliver some or all of those documents electronically.

Method of Providing Documents to You in Electronic Form
Electronic documents will be delivered to you within the account opening process in .html format. A link to the electronic documents will also be sent to the email address you provided to us at account opening. You are strongly encouraged to save or print the documentation for future reference.

Requesting Paper Copies of Documents that Were Presented to You in Electronic Form
We will not send you a paper copy of this or any other disclosure you are agreeing to receive electronically, but you may request it. To request a paper copy, please see the contact information provided at the end of this document. Copies of disclosures, service agreements, and account agreements will be mailed at no charge.

System Requirements
By consenting to this agreement, you confirm that your Access Device meets the minimum specifications and requirements necessary to view and retain your electronic documents.

To access your electronic documents on a mobile device, you will need:
A mobile device with any of the following operating systems: Android or iOS (iPhone).A data plan provided by your wireless carrier and an up-to-date mobile internet browser. For more information on supported browsers, visit https://www.berkshirebank.com/operating-systems A valid email address, a printer and/or storage device if you wish to print or retain any electronic documents.A computer with any of the following operating systems: Windows XP or higher, OS X (Apple Macintosh) or higher.An internet connection and an up-to-date internet browser. For more information on supported browsers, visit https://www.berkshirebank.com/operating-systems A valid email address, a printer and/or storage device if you wish to print or retain any electronic documents.

Changes to system requirements
We will notify you if our hardware or software requirements change and whether that change creates a material risk that you would not be able to access or retain your electronic documents. Continuing the account opening process after receiving notice of the change is the reaffirmation of your consent to this Agreement.

How to Withdraw Consent
You may withdraw your consent to this Agreement at any time. To withdraw your consent prior to the completion of opening your account, simply exit the account opening session prior to accepting this Agreement.

To withdraw your consent after you have already submitted your application, please see the contact information provided at the end of this document.

When you withdraw your consent to this Agreement you will no longer receive the electronic presentment of any documents.

Maintaining a Valid Email Address
It is your responsibility to provide us with true, accurate and complete e-mail address, contact, and other information related to the disclosure of your account(s), and to maintain and update promptly any changes in this information. You can update/change your e­mail address during the account opening process or contact us directly. Please see the contact information provided at the end of this document.

Multiple Access Devices
Your acceptance of this agreement on one Access Device constitutes your acceptance on all Access Devices you use. For example, if you view and accept this agreement on a mobile device, the terms of this Agreement will apply to electronic documents accessed on a traditional computer (or vice versa). Additionally, by viewing and accepting this agreement on any Access Device, you are reasonably demonstrating your ability to access and view electronic documents in the format that the services are provided on that Access Device and all subsequent Access Devices. If you change Access Devices (or use multiple Access Devices), it is your responsibility to ensure that the new Access Device meets the applicable system requirements and that you are still able to access and view electronic documents on the subsequent Access Device. Continuing your account opening on other Access Devices is your reaffirmation of this Agreement.

Contact us if you have difficulties accessing or viewing electronic documents on your selected Access Device. Please see the contact information provided at the end of this document.

Acceptance
You will be asked to acknowledge your acceptance of these terms by checking the box before you are able to continue with your application. By clicking the box, you agree that we, Berkshire Bank, may provide you with the Account Documents in electronic format. In doing so, you are confirming that you meet the system requirements described above, that you have demonstrated your ability to receive, retain, and view electronic documents on your Access Device, and that you have an active and valid email address.

Contact Information
By mail: Berkshire BankBy phone: Call us toll free at 1-800-773-5601
In person: Please visit your nearest Berkshire Bank office. A list of locations can be found on our website at www.berkshirebank.com