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eDisclosure

Consent for Electronic Communications & Disclosures

 

Important Notice – Read Carefully

 

Please read this Consent for Electronic Communications and Disclosures carefully and print or retain a copy for your records. “We”, “us”, and “our” refer to Cadence Bank, National Association. “You” and “your” refers to each borrower that has agreed to receive loan and line of credit agreements, disclosures, notices and related information and communications electronically through the DocuSign system.

 

Authorization and Consent to Electronic Disclosures & Communications:

 

You agree and authorize us to provide loan and line of credit agreements, disclosures, notices and related information and communications (“Disclosures & Communications”) electronically through the DocuSign system in lieu of a paper version for any loan or line of credit accounts you have or will have with us. Disclosures & Communications may include, but are not limited to, this Consent, loan or line of credit account agreements, statements, service notices, changes in terms agreements, and any disclosures that are required by law or regulation to be provided to you in writing. Please read the information below carefully and thoroughly, and if you can access this information electronically and agree to this Consent, please confirm your agreement to this Consent by selecting the check-box next to “I agree to use electronic Disclosures & Communications” before clicking “CONTINUE” within the DocuSign system.

 

All Disclosures & Communications delivered to you electronically as provided in this Consent will be considered “in writing” and will be given the same legal effect as if such document was delivered on paper. You should print or download each Disclosure & Communication provided to you electronically for your records. For any Disclosure & Communication that we provided to you electronically through the DocuSign system, we have no obligation to provide you with a paper copy of that document unless and until your consent is withdrawn as described below. However, we do not guarantee that we will provide all Disclosures & Communications to you electronically, and we reserve the right, but assume no obligation, to provide a paper copy of any electronic Disclosures & Communications.

 

Electronic Disclosures & Communications:

 

All Disclosures & Communications that we provide to you electronically will be provided either through the DocuSign system, or by e-mail at the e-mail address you have provided to us, or by access to a website that we will designate in an e-mail notice we sent to you at the time the information becomes available.

 

Your Right to Withdraw Consent for Electronic Legal Disclosures:

 

You have the right, at no cost to you, to withdraw your consent to receive electronic Disclosures & Communication by calling our Customer Service at 1-800-636-7622. If you withdraw your consent for electronic Disclosures & Communications, we will mail you paper copies of Disclosures & Communications that we are required to make after the withdrawal of your consent; however, the withdrawal of your consent will not affect the legal validity or enforceability of prior electronic Disclosures & Communications. If you elect to receive only paper copies of Disclosures & Communications, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required Disclosures & Communications to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper Disclosures & Communications. Further, you will no longer be able to use the DocuSign system, or e-mail, or any website to receive required Disclosures & Communications or to sign electronically documents from us. We also reserve the right to terminate your use of any service, to amend the terms and features of any service, and/or to convert you to a different service or product in the event that you should withdraw your consent.

 

Your Right to Obtain Paper Copies:

 

You may obtain a paper copy of any Disclosures & Communications, including a copy of this Consent, delivered electronically at any time by printing such disclosure or document yourself. You may also request a paper copy of any Disclosures & Communications by calling our Customer Service at 1-800-636-7622. Be sure to specify your loan or line of credit account or service, as applicable, the specific Disclosures & Communications for which you are requesting a paper copy, and the address to which it should be mailed. We reserve the right, subject to applicable law, to charge a fee for providing a paper copy of any Disclosures & Communications previously delivered to you electronically.

 

How to Update Your E-Mail Address for Electronic Communications:

 

It is solely your responsibility to assure that the e-mail address you have provided to us in connection with your loan or line of credit account is current and accurate. You must promptly notify us of any changes to your e-mail address. You may advise us of e-mail address changes by calling our Customer Service at 1-800-636-7622 or by following the online instructions or procedures for changing an e-mail address. Any change to your e-mail address will be effective only after we have received the changed address and had a reasonable period of time of not less than one business day to process the change.

 

Hardware and Software Requirements:

 

In order to access and retain Disclosures & Communications electronically, you must have:

  • A personal computer or other device that is capable of accessing the Internet (1024 x 768 screen resolution recommended);

  • An active e-mail account;

  • An internet browser – we recommend using the most up-to-date version of one of the following browsers: Microsoft Internet Explorer 11 (Windows only), Windows Edge, Google Chrome, Safari (Mac OS only) 6.2, or Mozilla Firefox. If you elect not to upgrade the browser, your experience may not be optimal and may not support the new standards for safe and secure transactions. You must also have JavaScript enabled, and a 128-bit encryption level setting on your Internet browser;

  • A current version of a program that accurately reads and displays Portable Document Format or “PDF” files (such as Adobe Acrobat); and

  • Either sufficient computer memory, an external storage device or the ability to print Disclosures & Communications.

 

By opening this Consent, you have acknowledged and demonstrated your ability to access Disclosures & Communications electronically.

 

Acknowledgement of E-SIGN

 

You acknowledge and agree that your consent to electronic Disclosures & 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 (“E-SIGN Act”), and that you and we both intend that the E-SIGN Act applies to the fullest extent possible to validate our ability to conduct business with you by electronic means.

 

Our Right to Terminate or Change Electronic Communications

 

We reserve the right, in our sole discretion and at any time, to terminate providing electronic Disclosures & Communications to you, or change the terms and conditions on which we provided electronic Disclosures & Communications. We will provide you with notice of any such termination or change as required by law.

 

By selecting the check-box next to “I agree to use electronic Disclosures & Communications”, you confirm that:

  • You can access and read this Consent; and

  • You can print on paper this Consent, or save or send this Consent to a location where you can print it, for future reference and access; and

  • Until or unless you notify us as described above, you consent to receive through electronic means all loan and line of credit agreements, disclosures, notices and related information and communications that are required to be provided or made available to you by us during the course of your relationship with us.