Agreement to Receive Electronic Communications
This Electronic Communications Agreement (“Disclosure”) applies to all communications related to the business demand deposit account (“Business Deposit Account” or “Account”) and accompanying services available through bentoforbusiness.com (the “Website”) or mobile application (“Mobile App”). This Disclosure supplements and is to be construed in accordance with the terms contained in the business deposit account agreement (“Bento for Business Expense Deposit Account Agreement” or “Agreement”) you received when you obtained the Account.
“We,” “us,” and “our” refer to Bento Technologies, Inc. “Bank” means The Bancorp Bank. “Customer” refers to the business entity obtaining an Account. “Communication” means any agreements or amendments thereto, disclosures, notices, responses to claims, transaction histories, privacy policies and all other information related to the Account and related products and service, including but not limited to information that we are required by law to provide in writing as described in sections A.1 and A.2 of the Agreement.
The Account is intended for use only by Customer who is willing and able to receive notices and communications exclusively through the Website, the Mobile App or via electronic mail (“E-mail”). If Customer does not agree to receive the legally-required notices and communications described herein in electronic and not paper form, then Customer may not open an Account. Similarly, if after providing consent hereunder, Customer withdraws such consent, we reserve the right to close the Account and terminate Customer’s participation in the Bento Business-Account Program.
1. Scope of Communications to Be Provided in Electronic Form. When Customer uses a product or service to which this Disclosure applies, Customer agrees that any Communications will be provided in electronic format, to the extent allowed by law, and that paper Communications will not be sent. Customer’s consent to receive electronic Communications and transactions includes, but is not limited to:
- All legal and regulatory disclosures and communications associated with the Account and any related products or services;
- The Agreement and any notices about changes in terms;
- Privacy policies and notices;
- Responses to claims filed in connection with the Account;
- Notices regarding insufficient funds or negative balances; and
- All other communications between us and Customer concerning the Account and any related transactions, products or services.
2. Method of Providing Communications in Electronic Form. All communications that we provide in electronic form will be provided either (1) by E-mail or (2) by access to the Website, or (3) through the Mobile App.
3. How to Withdraw Consent. Customer may withdraw consent to receive Communications in electronic form by contacting [email protected]. If Customer withdraws consent, the Account will be closed and a balance refund check may be issued in accordance with the terms of the Agreement. If Customer withdraws consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.
4. How to Update Records. It is Customer’s responsibility to provide us with a true, accurate and complete E-mail address, contact, and other information related to this Disclosure and the Account, and to maintain and update promptly any changes in this information. Customer can update information (such as the E-mail address) through bentoforbusiness.com or by contacting us at 1-855-547-2896 or [email protected]. We are not responsible for any delay or failure in the receipt of the Communications if we send the Communications to the last E-mail address Customer provided to us.
5. Hardware and Software Requirements. In order to access, view, and retain electronic Communications that we make available, Customer must have:
1. A computer capable of running one of these compatible browsers:
- Internet Explorer version 11.0.70 or higher.
- Edge version 42.17134 or higher
- Firefox version 61.0.1 or higher.
- Safari version 11.1.2 or higher.
- Chrome version 67.0.3396 or higher.
We may update these requirements as necessary to preserve the ability to receive electronic Communications. If there is a substantial change in these requirements, Customer will be notified of the changes accordingly.
6. Requesting Paper Copies. We will not send paper copies of any Communication, however, we reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that Customer has authorized us to provide electronically. Customer can obtain a paper copy of an electronic Communication by printing it or by requesting that we mail a paper copy. To request a paper copy, call us at 1-855-547-2896 during normal business hours. There are no fees associated with the request for the delivery of paper copies of any Communication provided electronically pursuant to this Disclosure.
7. Communications in Writing. All Communications in either electronic or paper format from us to Customer will be considered “in writing.” Customer should print or download a copy of this Disclosure and any other Communications.
8. Federal Law. Customer acknowledges and agrees that 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 (the “Act”), and that Customer and we both intend that the Act apply to the fullest extent possible to validate our mutual ability to conduct business by electronic means.
9. Termination/Changes. We reserve the right, at our sole discretion, to discontinue the provision of electronic Communications, or to terminate or change the terms and conditions upon which electronic Communications are provided. We will provide Customer with notice of any such termination or change as required by law.
10. Consent. By checking “I agree,” Customer adopts the checkmark as Customer’s electronic signature and Customer gives us affirmative consent to receive electronic Communications as described herein. Customer further agrees that Customer’s computer satisfies the hardware and software requirements specified above and that a current E-mail address has been provided to us at which electronic Communications may be sent to Customer.