Service Agreement and Disclosure
This Online Banking E-Sign Disclosure and Consent ("Service Agreement and Disclosure") applies to all required account related electronic documents, disclosures, agreements, and notices ("Account Documents") related to the active deposit and loan account(s) for which you have with Berkshire Bank. The purpose of this eDisclosure Agreement is to obtain your consent to receive Account Documents, which may include, among other things, statements, disclosures, notices, and year-end tax reporting forms (when available) 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, statements, 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.
By clicking the "I AGREE" button at the bottom of this Service Agreement and Disclosure, you agree that we, Berkshire Bank, may provide you with the Account Documents in electronic format.
Account Documents Provided in Electronic Form
You agree that we may provide you with all Account Documents that we may choose to make available in electronic format, to the extent allowed by law, which may include, but are not limited to:
- Periodic statements for your checking, statement savings and loan accounts. Your eStatement will contain the same content as the paper version you have been receiving. By accepting these terms, you are waiving printed statements for all owners or authorized signers. You are agreeing to receive regulatory and disclosure notices through the Bank's website.
- All future legal and regulatory disclosures associated with the Account or the product or service available through Online Banking for your Account described above.
Deposit Notices
Inactive, Dormant, Escheatment Suspect Notice | CD Maturity Notice |
Confirmation of Transaction Notice | Transfer Notice |
Overdraft Notice |
Loan Notices
Paid Loan Notice | Principal Balance Charge Advice | Projected Extension Notice |
Advice of Rate Change | Reg Z Advice of Rate Change | Balloon Payment Notice |
Pending Change Notice | Amortization Schedule | Variable Plan Amortization Schedule |
Charge Advice | Fee Charge Advice | Last Payment Notice |
Account Fee Payment Notice | Note Fee Bill | Note Fee Charge Advice |
Option Rate Expiration Notice | Loan Information Letter | Loan Payment Notice |
Interest Paid By Account Statement | Interest Paid by Note Statement | Fees Paid by Account Statement |
Loan Year-to-Date Activity | Year-End Tax Solicitation Letter | Company Statement |
Escrow Shortage Notice | Escrow Transfer Account | Escrow Analysis |
Escrow Analysis Summary | Escrow Adjustment Notice | Payoff Notice to Payee |
Annual Notice for Existing Residential Mortgages | Escrow Insurance Expiration Notice | Annual Notice for Residential Mortgage Transactions |
Escrow Insurance Premium Notice | Past Due Notice |
Annual Privacy Notice
Year-end tax reporting forms (when available)
1098 | 1098-E | 1099-A | 1099-B | 1099-C | 1099-DIV |
1099-INT | 1099-MISC | 1099-OID | 1099-Q | 1099-R | 1099-S |
1099-SA | 5498 | 5498-ESA | 5498-SA | combined 6807/1098 |
|
Notifications Provided in Electronic Form
You must provide a current and valid e-mail address in order to receive the electronic notifications about your account. You agree to provide the Bank with any updated information needed in order for us to provide you with electronic notifications without interruption. To provide us with any changes to your e-mail address, log into your Online Banking account and update your e-mail address.
Method of Providing Communications to You in Electronic Form
All Communications that we provide to you in electronic form will be provided by one or more of the following:
- An alert sent to your email.
- Access to a web site that we will designate in an email notice we send to you at the time the information is available.
- To the extent permissible by law, by access to a web site that we will generally designate in advance for such purpose.
Once enrolled to receive Account Documents, you will be able to view your current documents, disclosures, agreements, and notices. The Account Documents will be available for viewing for at least thirteen months from the statement date, three months for notices, and previous tax year for the tax forms (when available) for as long as you are enrolled to receive them electronically. You may find it advisable to print or download these documents for permanent retention.
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. You can obtain a paper copy of an electronic communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic communication to you. To request a paper copy, please see the contact information provided within this document. We may charge you a reasonable service charge, of which we have provided you prior notice, for the delivery of paper copies of any communication provided to you electronically pursuant to this authorization. Requesting a paper copy of previous Account Documentation does not constitute a withdrawal of consent to receive the electronically. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any communication that you have authorized to provide.
Enrollment for Online Documents
The company's System Administrator or a user with administrative rights must enroll by going to Reports, Online Documents, View and Maintain document preferences. You will be required to select the checkbox to confirm that you agree to the terms outlined in our Service Agreement and Disclosure. The System Administrator or a user with administrative rights will entitle users of the company by going to "Administration", "Manage Users", "Enable Statements and Documents".
How to Withdraw Consent
If you originally consented to receive electronic statements, disclosures, agreements, notices, and tax reporting forms (when available), but later decide to withdraw your consent, you can do so through Business Online Banking. You can make changes by going to Reports, Statements and Documents, View and Maintain document preferences. From the dropdown box, choose "Paper" next to the account you wish to withdraw from online documents. When you click Submit, the confirmation page appears. We will not impose any fee to process the withdrawal of your consent to receive electronic communications. The withdrawal will become effective only after we have a reasonable time period to process your request.
How to Update your Records
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 e-mail address within your Business Online Banking account/profile. When you Log-in to your Online Banking:
- Click on "Administration" tab.
- Click on "Self Administration", "Manage Contact Preferences" and review and/or update your information.
- If the information is incorrect, click "Change" and update your information.
- If the information is correct, do nothing.
If you have any questions or need help, just submit a message from within Business Online Banking by clicking "Administration", "Contact Us" link.
System Requirements
- An email account with an internet service provider and email software to receive communications.
- A personal computer, operating system, and internet connection capable of receiving, accessing, displaying, and either printing, or storing statements and notices received from us in electronic form via email or by access to our web site using one of the browsers specified below.
- Software that enables you to view files in PDF.
All Communications in either electronic or paper format from us to you will be considered "in writing." You should print or download for your records a copy of this disclosure and consent and any other communication that is important to you. You acknowledge and agree that your consent to electronic communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means. We reserve the right, in our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law.
Security
You agree and acknowledge that you will keep your user ID, password, other security codes and identification data confidential, and that you will not disclose or share your password with any third party. You must immediately notify the Bank should you believe that your password has been lost, stolen, or that an unauthorized person has electronically accessed your accounts. Our contact information can be found below.
Contact Information
- By mail:
Berkshire Bank
P.O. Box 1308
Pittsfield, MA 01202-1308
- By 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.
REV. 02/17/2023