E-SIGN Disclosure and Consent Agreement
This E-SIGN Disclosure and Consent Agreement (“E-SIGN Agreement”) is being provided by NewtekOne, Inc. (“Newtek”) and its affiliates (the “Newtek Affiliates”), including but not limited to Newtek Bank, National Association, Newtek Business Lending, LLC, Newtek Business Services Holdco 6, Inc., Newtek Merchant Solutions, LLC, Newtek Insurance Agency, LLC and PMTWorks Payroll, LLC. Before we may proceed with electronic communication, we are required under the federal Electronic Signatures in Global and National Commerce Act (“E-SIGN”) to provide the information enclosed herein.
In order to proceed and conduct business electronically, your consent to this E-SIGN Agreement is necessary. By accepting the terms of this E-SIGN Agreement, you agree to the use of electronic records and signatures. Please read this E-SIGN Agreement carefully and retain a copy for your records.
In this E-SIGN Agreement:
- “We”, “us”, and “Newtek” means collectively Newtek and the Newtek Affiliates.
- “You” and “your” means the person providing this ESIGN Consent and any entity on whose behalf such person is inquiring about, applying for, using or accessing a Newtek product, as well as each additional co-owner of any such entity and any other obligor, account co-owner, co-borrower, authorized signer and/or guarantor identified on any Newtek product that such person inquires, applies for, uses, or accesses.
- “Communications” means all disclosures, notices, agreements, fee schedules, periodic statements, records, documents, and other information we provide to you, or that you sign, submit, or agree to at our request. These Communications include those provided to you at initial inquiry and at all times thereafter, including during the application stage and after procurement of the Newtek product.
Upon consent, you agree that we may send any information, disclosures and/or notices (including, but not limited to initial disclosures, change in terms notices, periodic statements) relating to all services you have or will request upon consenting to this E-SIGN Agreement in electronic form via an online system or by electronic mail. Subject to applicable federal and/or state law, your agreement to receive Communications electronically applies, without limitation, to all Communications that we are required to provide in writing. You agree that we may electronically post Communications in the applicable online system. We reserve the right to provide you with paper copies of any such notice in lieu of or in addition to electronic versions at any time in our discretion. You agree that we may mail paper versions of notices to your mailing address that appears in our records or otherwise provide notices to you pursuant to any other method to which you have agreed. If you consent to electronic communications, you nevertheless have the right to request paper copies of any Communications provided at any time. A fee may be charged for such reproduction.
How to Electronically Consent
Upon demonstration of your ability to access electronic information provided, you must confirm your consent by clicking the “continue”, “I consent”, “I agree” or “I accept” (or similar affirmative response) box presented in the online system.
Withdrawal of Consent
You have the right to withdraw your consent at any time by contacting us with the information provided at the end of this E-SIGN Agreement. Please be aware that withdrawal of your prior consent may result in the termination of your access to our electronic services. Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it.
Your Responsibilities Regarding Personal Information
You agree to ensure that the contact information you have provided to us in connection with your services is current and accurate. You have sole responsibility for updating your contact information if it changes. This includes, but is not limited to, name, address, phone numbers and email addresses.
You may make changes to your contact information through by contacting Newtek at the address listed below. We shall have no liability for any fees you may incur, by us or a third party, as a result of inaccurate or outdated contact information for you.
Hardware and Software Requirements
To receive electronic Communications, you must have the following items:
- Most recent, stable release of any of following supported browsers:
- Google Chrome
- Microsoft Edge
- A connection to the internet;
- Browser must allow per session cookies;
- User accessing the Internet behind a Proxy Server must enable HTTP 1.1 settings through a proxy connection;
- Firewall settings must allow access to the server: https://docucdn-a.akamaihd.net. (DocuSign uses Akamai as a content delivery service to enhance our application's performance);
- PDF requirements:
- Acrobat Reader or similar software might be required to view PDF files.
- Your PDF reader must be able to open PDF 1.5+
- For access through mobile devices:
- Mobile Apple
- iPhone iOS 13.0+
- iPad iOS 3.0+
- iPod touch iOS 3.0+
- Mobile Android
- Android 5.0+
- A printer should you wish to print out and retain records on paper;
- Electronic storage if you wish to retain records in electronic form; and
- All devices must have sufficient memory and storage to save Communications. Memory and storage requirements change based user needs and features they are using.
Please note that fees may be charged by providers for some or all of these requirements.
We agree to promptly notify you if any hardware or software requirements change. We will notify you prior to sending you any electronic Communications requiring the update.
Should any change to the hardware or software requirements to access or retain electronic records we agree to promptly notify you of the change, including:
- The revised hardware and software requirements for access to and retention of electronic records; and
- The right to withdraw consent without the imposition of any condition, consequence, or fee for such withdrawal.