E-Sign Disclosure and Consent Agreement

In this E-SIGN Disclosure and Consent Agreement (“E-Sign Consent”):

  • “We,” “us,” “our” and “BFS Capital” means Business Financial Services, Inc. dba BFS Capital, and each and every current and future parent, subsidiary and affiliate of BFS Capital.
  • “You” and “your” means the person giving this E-Sign Consent, and also each additional account owner, authorized signer, authorized representative, delegate, product owner and/or service user identified on any BFS Capital product that you apply for, use or access.
  • “Account” means the account(s) you have with us.
  • “Electronic Delivery” is the act of delivering Communications (defined below) using the Internet, a website, email, messaging services (including text messaging), and/or software applications (including applications for mobile or hand-held devices).
  • “Service” is any product or service that we offer for which Communications are required or permitted to be delivered.

1. Consent and Scope of Communications to be Provided Electronically

We are required by law, regulation or agreement to give you certain information “in writing.” With your consent, we can provide this information to you by Electronic Delivery. We also need your general consent to use electronic records and signatures in our relationship with you.

By checking the “I Agree” box, you agree that for all Communications for all Accounts and Services we may (i) use Electronic Delivery and, at our discretion, terminate paper delivery of Communications to you and (ii) use and obtain electronic signatures from you in each case unless and until you withdraw your consent to this E-Sign Consent as described in Section 5 below. This E-Sign Consent applies to all Communications for all Accounts and Services.

“Communications” means all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during our relationship with you including, but not limited to, the following:

  • All legal, regulatory or other disclosures and notices associated with an Account or Service;
  • All periodic statements for an Account or Service, along with any notices related to such statements that we are required or permitted to include with paper statements;
  • All other documentation relevant to an Account or Service, including agreements, amendments, account opening documentation, account statements, policies and procedures (including but not limited to our privacy policy), terms and conditions, authorizations, updates, notices, responses to claims and transaction history;
  • Documents evidencing, governing or related to credit facilities, including, without limitation, secured and unsecured extensions of credit, lines of credit, letters of credit, derivatives and other swap transactions, requested by you as well as notices, confirmations, authorizations, or other information which we are required or otherwise choose to send in relation to such credit facilities;
  • Any notice or disclosure regarding an account, product or service fee, such as a late fee, an overdraft fee, an over limit fee, a fee for a draft, check or electronic debit returned for any reason, such as insufficient funds fee or a fee as a result of a stop payment order;
  • Any notice of the addition of new terms and conditions or the deletion or amendment of existing terms and conditions applicable to accounts, products or services you obtain from us;
  • Our Privacy Notice and other privacy statements or notices (by posting such notices on our website);
  • Certain tax statements or notices that we are legally required to provide to you;
  • Certain information or forms that we request from you and ask you to submit electronically, such as signature cards or other agreements; and
  • Any other document or other information required to be provided “in writing” or that we otherwise provide to you, or that you sign or submit or agree to at our request, in connection with your relationship with us.

2. Method of Electronic Delivery

All Communications (including alerts that Communications have been provided or posted) that we provide to you electronically will be provided by one or more of the following methods:

  • Electronic messaging (such as e-mail, or SMS text or push notification to your mobile device);
  • Access to a web site, including our mobile websites or websites of third party service providers who we engage to deliver Communications through Electronic Delivery, that we will designate in a notice we send to you via electronic messaging at the time the information is available or that we will generally designate in advance for such purpose;
  • Mobile applications; or
  • Request to download via a Hyper Text Markup Language (“HTML”) file or Portable Document Format (“PDF”) or other specified electronic file containing the Communication.

Communications delivered by e-mail will be sent to your e-mail address reflected in our records. You represent that any e-mail address you provide to us for Electronic Delivery purposes belongs to you or to a person who has authority to act for the Account or Service or, where relevant, to make transactions against the Account.  You may update your email address by sending an email to legal@bfscapital.com and in the body of such request state: your previous e-mail address and your new e-mail address. We do not require any other information from you to change your email address.   

You should print, download or otherwise retain a copy of this E-Sign Consent and all other Communications provided by Electronic Delivery.

3. Hardware and Software Requirements

In order to access, view, and retain electronic Communications, you must have:

  • Access to a device (e.g., computer, smartphone, mobile device, tablet, etc.) suitable for connecting to the Internet, with the Current Version (as defined below) of (i) an operating system, such as Windows, Mac OS, iOS or Android, and (ii) a web browser, such as Internet Explorer, Chrome, Safari or Firefox, that we support. 
  • A connection to the Internet;
  • Local electronic storage capacity to retain Communications and/or a printer to print them;
  • A valid e-mail account and software to access it;
  • Software that enables you to view and display files in HTML and PDF format.

By “Current Version,” we mean a version of the software that is currently being supported by its publisher.  We reserve the right to discontinue support of a Current Version of software or an operating system if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use.

If our hardware or software requirements change, and that change would create a material risk that you would not be able to access or retain electronic Communications, we will give you notice of the revised hardware or software requirements. Continuing to use this service after receiving notice of the change is reaffirmation of your consent.

4. Paper Copies

If we provide electronic records to you and you want a paper copy, send an e-mail to legal@bfscapital.com and in the body of such request state your e-mail address, full name, U.S. Postal address, telephone number, and description of the record(s) you are requesting. You may have to pay a fee for the paper copy unless charging a fee is prohibited by applicable law.

5. How to Withdraw Consent

You have the right to withdraw your consent at any time. Please be aware, however, that withdrawal of consent means that transactions may take a longer time to process.  If you are receiving online account statements, the termination will cause paper statements to be mailed to you via the U.S. Postal Service or other courier. 

To withdraw your consent, please contact us at legal@bfscapital.com and in the body of such request state your e-mail, full name, U.S. Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.  Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it. 

By checking the ‘I Agree’ box I confirm that: I can access and read this E-Sign Consent document, I can print or save this document for future reference and access, and I consent to Electronic Delivery of all Communications and use of electronic signatures as described herein.