Terms and Conditions Governing the Signing Digitally with OCBC Service in the United States of America
The following terms and conditions (the “Terms and Conditions”) govern your consent to sign documents electronically through the OCBC Bank Electronic Signature service (the “Electronic Signature Service”). These Terms and Conditions affect your rights and you should read them carefully and thoroughly. By adopting and using this Electronic Signature Service and requesting OCBC Bank to accept documents signed electronically through the Electronic Signature Service (each a “Signed Document”), you acknowledge and agree to the below Terms and Conditions.
If you can access this information electronically to your satisfaction and agree to these Terms and Conditions, please confirm your agreement by clicking the “Agree” button to use the Electronic Signature Service. If you choose not to agree to these Terms and Conditions, or you withdraw your consent, you may be ineligible to use or obtain certain services offered by OCBC Bank.
OCBC Bank is required by law to provide certain information to you “in writing,” which means you have a right to receive that information on paper. However, with your consent, OCBC Bank may, in accordance with applicable U.S. laws, provide such information to you electronically (“Communications”) and allow you to use the Electronic Signature Service to sign certain documents (“Transactions”). These Terms and Conditions affect your rights and you should read them carefully.
In this E-Sign Consent Agreement, the words:
- "Account” or “Accounts" is each account, now or in the future, that you hold with us, are authorized to administer or for which you are designated as authorized signer, or a trust or other fiduciary account in which you have an interest that gives you legal authority to receive information or which is subject to the provision of a Service by us.
- “We," "us," and "our" means OCBC Bank.
- "You" and "your" means the person giving consent.
- “Communications” is defined in “Using the Electronic Service” below.
- "Service" is any product or service that we offer for which Communications are required or permitted to be delivered.
- “Electronic Delivery” is the act of delivering Communications using electrical, digital, magnetic, wireless, optical, electromagnetic, or similar electronic means including through our website, third party websites such as DocuSign or Adobe Sign.
You agree that for all Communications relating to your 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 use the Electronic Signature Service as described in “Withdrawal of Consent” below.
“Communications” include, but are not limited to, the following:
- All legal, regulatory or other disclosures 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;
- Terms and Conditions for use with Call and Time Deposits, Current Account and Credit Documents and Governing Corporate Time Deposits;
- Call Deposit and Time Deposit Pricing Guide;
- Description of Corporate Time Deposit Products; and
- Fax Indemnity, Phone and Email correspondence.
The Communications and Transactions delivered to you through the Electronic Signature Service may require you to take action, including promptly reviewing the information and responding in certain circumstances. You agree to review and, if necessary, respond to any such Communications and Transactions in accordance with the instructions received. If you notice errors, please notify us immediately as provided in the “Contact Us” section below before completing any Transaction.
Electronic Communications may be delivered to you by making them available via the Electronic Signature Service. All such electronic Communications will be effective when a notification is made available to you via the Electronic Signature Service, and you hereby waive all claims resulting from failure to receive Communications because of your failure to access the Electronic Signature Service.
We may always, in our sole discretion, provide you with any Communications on paper, even if you have authorized electronic delivery. Sometimes the law, or our agreement with you, requires you to give us a written notice. You must still provide these notices to us on paper, unless we tell you how to deliver the notice to us electronically.
You agree and understand that paper versions of electronically presented Communications and Transactions may not be mailed unless you specifically request it. To request a paper copy of any Communication or Transaction, please refer to the “Contact Us” section below. You acknowledge that OCBC Bank reserves the right to charge you a reasonable fee for the paper copy unless charging a fee is prohibited by applicable law.
We encourage you to save or download for your records a copy of all electronic Communications and Transactions, as well as this E-Sign Consent Agreement and any other document that is important to you. You may also print a copy of the Records that you are electronically signing by using the “Print” button (or otherwise using your printing functionality).
To use the Electronic Signature Service and access, view and retain electronic Communications, you must have:
- Access to a device (e.g., computer, mobile device, smartphone, tablet or other electronic device) suitable for connecting to the Internet with 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;
- An active mobile telephone number and a mobile telephone in order to receive SMS text messages from us; and
- Corporate firewalls with restrictive network security will need to permit the Electronic Signature Services’ domains to ensure basic functionality.
Your acceptance of this agreement on one device constitutes your acceptance on all devices you use. For example, if you view and accept this agreement on a mobile device, these Terms and Conditions will apply to electronic documents accessed on a traditional computer (or vice versa).
We will notify you if our hardware or software requirements change and whether that change creates a material risk that you would not be able to access or retain your electronic documents. Continuing the application process after receiving notice of the change is the reaffirmation of your consent to these Terms and Conditions.
You acknowledge and agree that use of the Electronic Signature Service require third party software and content (collectively, the “Third Party Software”). While reasonable efforts may have been undertaken to verify the accuracy of the information provided through the Third Party Software, the Third Party Software are provided to you “as is” and OCBC Bank makes no warranties and has no liability as to any errors or omissions concerning the Third Party Components or any part thereof, including without limitation any warranties for a particular purpose or warranties of merchantability and noninfringement of any third-party rights.
OCBC will use commercially reasonable measures, consistent with industry standards, to maintain a reasonable level of security with respect to the information contained in the electronically delivered communications. By accepting these Terms and Conditions, you agree and understand that despite OCBC’s commercially reasonable security measures, unauthorized third parties may access the Electronic Signature Service and that, if you use the Electronic Signature Service to transmit information, you and Electronic Signature Service are responsible for the security and confidentiality of that information. You are solely responsible for acquiring and maintaining a computer or electronic device that can handle and access the Electronic Signature Service, including any necessary equipment such as a modem, and that you are responsible for all costs associated with accessing the Electronic Signature Service.
OCBC will not be responsible for any loss, damage, or injury whether caused by the equipment, software, and/or Electronic Signature Service, nor shall OCBC be responsible for any direct, indirect, special, or consequential damages arising in any way out of the installation, use, or maintenance of your equipment or software where the law requires a different standard. OCBC does not make any warranties concerning the equipment, software, or any part thereof, including without limitations, any warranties for a particular purpose or warranties of merchantability. OCBC also accepts no responsibility for your email address or for anyone accessing your emails. OCBC shall have no liability for failure to perform any Transactions or for any disruption or delay in performing Transactions in the event such failure, disruption, or delay is due to circumstances beyond our reasonable control, including, but not limited to, failure or disruption of electric power, computer equipment, telecommunications systems, your ISP, or weather conditions.
You agree to indemnify, defend, and hold OCBC and its employees harmless from any and all third-party claims, liability, damages, and costs arising from or out of your use of the Electronic Signature Service, any fraud or breach by you of these Terms and Conditions, or your failure to comply with any applicable laws or regulations.
It is your responsibility to provide us with an accurate and complete e-mail address and other contact information, and to maintain and update promptly any changes in this information. You must notify us of any changes in your information. Please note that for any changes related to authorized signatories, additional documentation must be executed. Please refer to the “Contact Us” section below for further information or if you have any questions.
This consent to the use of electronic records and signatures is in addition to all other agreements you may have with us. Your consent to the use of electronic records and signatures includes your consent under any and all laws, rules, regulations and official issuances applicable to the completion of a Transaction electronically now existing or which may hereinafter be enacted, issued or enforced under any jurisdiction. These Terms and Conditions by which we provide you with electronic Communications may be terminated, modified, or amended by us at any time. We will provide you with notice of any such termination or change as required by law. Your continued completion of a Transaction after such notification of change shall be understood as your agreement to be bound by all such changes.