eSign Service Agreement and Disclosure

Account Documents Provided in Electronic Form

Deposit Notices

Loan Notices

Annual Privacy Notice

Year-end tax reporting forms (when available)

Method of Providing Communications to You in Electronic Form

How to Withdraw Consent

How to Update your Records

System Requirements

Security

Contact Information

eSign 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 year­end 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 enabling paperless delivery, you acknowledge that you agree to the terms of the e-Sign Disclosure, that you can access the sample PDF and that you consent to receive electronic communications and statements and other notices for your accounts as described in the disclosure. You agree to receive all communication, statements, and notices for all your accounts electronically.

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, retirement 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 agree 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

Loan Notices

Annual Privacy Notice

Year-end tax reporting forms (when available)

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.
• Requesting you download a PDF file containing the Communication.

Once enrolled to receive Paperless Documents, you will be able to view your current documents, disclosures, agreements, and notices. You will have access up to 18 months of documents up to a maximum of two hundred (200) total documents. 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, which we have provided you in our Common Features Fee Schedule, 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 them electronically. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any communication that you have authorized us to provide.

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 within digital banking by selecting “Settings”, found in the upper right hand corner under your name, scrolling down to the “Paperless Statements” section and selecting “Unenroll”. You may also contact the Bank by a method provided at the end of this document. 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 email 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 within your personal Internet Banking account/profile. When you Log-in to your Online Banking:

• Click on the drop-down arrow next to your Username.
• Go to settings.
•  User Profile.
• Select the edit icon next to your current email address.
• Enter your new email address.
• Select update email.

Important: If you have only a mobile phone and not a home phone, please be sure to enter the mobile number in BOTH

the home and mobile fields.

• If the information is incorrect, click the change icon 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 the Online Banking by clicking on “Support”

then “Message Center” found under Contact Us.

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.
• An internet web browser capable of supporting TLS encrypted communications. We support the latest version of Microsoft Edge, Firefox, Internet Explorer, Apple Safari, and Google Chrome.
• 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, consent and any other communication 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 if you believe your password was lost, stolen, or 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 1-833-BERKBNK (1-833-237-5265)
• In person: Please visit your nearest Berkshire Bank office. A list of locations can be found under Tools>Financial Center/ATM Locations
• Secure message via online banking found by selecting “Support” from the main menu.

REV   09/06/2023

Berkshire Bank is a full-service financial institution with branches in MA, CT, VT, NY, and RI.