Business ESIGN Agreement

ELECTRONIC RECORDS AND SIGNATURES (ESIGN) DISCLOSURE AND CONSENT AGREEMENT

By agreeing to this ESIGN Disclosure and Consent Agreement (“ESIGN Agreement”), you agree to the use of electronic records and electronic signatures in your relationship and transactions with us.

In this Agreement, the words “we,” “us” and “our” refer to Byline Bank, and the words “you” and “your” mean the business or other entity entering into this Agreement with us.

If you are applying for a new account, in order to complete your account application electronically, you must consent to the terms of this Agreement. Also, if you are enrolling in business online banking or online documents and statements, in order to complete enrollment, you must consent to the terms of this Agreement. If you do not agree, you will not be able to complete the online account opening process or the online banking or online documents and statements enrollment, as applicable. You may contact us at the email or telephone number listed below for questions.

Consent to Use of Electronic Records and Signatures; Delivery; Availability.

This Agreement and your consent apply to all agreements, evidence of debt obligations, documents, notices, disclosures, and other information related to the account(s) you are applying for and other accounts that you maintain with us, and that we may provide to you, or ask you to sign, now or in the future. You acknowledge and agree that we may provide you with documents in electronic format, and that we are not required to send a paper document to you. However, we reserve the right to provide you with any document or communication in writing, even if you have chosen to receive it electronically. Your consent to use electronic records and signatures includes, but is not limited to:

Legal and regulatory disclosures, agreements, and communications associated with your deposit account(s) or the related services offered by us;
Documents and Statements;
Tax information, including but not limited to for Forms W-9, and 1099; and
Applicable privacy policies and notices.

Sometimes the law, our agreement with you, or instructions we provide to you, will require you to give us notice or another document in writing. You must still provide these notices and documents to us on paper, unless we separately agree to receive them electronically.

All documents that we provide to you in electronic format will be available to review, download, and print either (i) via hyperlink, e-mail, e-mail attachment, or SMS text message (or a combination thereof); (ii) by posting to a website with notice provided to you in an e-mail or SMS text message when the documents are available; (iii) by posting on a website that we designate for that purpose; (iv) by posting in the business online banking service; or (v) by requesting you to download a PDF. It is your responsibility to print or download these electronic documents if you wish to maintain a copy for your records.

You agree that we may also use electronic signatures and obtain them from you as part of our online application process and in your other transactions with us related to the account(s) you are applying for and other accounts you maintain with us, during the course of our relationship with you. You acknowledge and agree that by executing any such electronic document with an electronic signature, you will be bound to the terms and conditions of such document as if you had executed a paper copy of such document with a “wet ink” signature. You further acknowledge and agree that an electronic or printed copy of such electronically executed document (together with any applicable screen captures or other records evidencing your electronic signature) will be admissible in a court of competent jurisdiction as evidence of your agreement to or acknowledgement of the terms and conditions contained therein to the same extent as if a document containing a “wet ink” signature had been produced.

You agree that the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and the Illinois Uniform Electronic Transactions Act (815 ILCS § 333/1 et seq.) shall apply to (i) this Agreement; (ii) your account agreement; (iii) any and all additional agreements and disclosures between you and the Bank; (iv) this online application process; and (v) any other online enrollment process.

Current Information

You are required to provide us with an accurate and complete e-mail address and other information related to your deposit account, and to maintain and update any changes to the information promptly. Contact us at the telephone number or email address below if you need to update your information. Note, please do not send sensitive personal information by email.

Termination/Changes

We reserve the right, in our sole discretion, to discontinue the provision of your electronic documents and other records. We will provide you with notice of any such termination or change to the extent required by law.

By clicking the checkbox, you are: (i) confirming your consent to use electronic records and signatures; (ii) confirming that you have provided a valid e-mail address at which we can send electronic documents to you; (iii) agreeing to the terms of this ESIGN Agreement; and (iv) affixing your electronic signature to this ESIGN Agreement. Furthermore, the individual consenting to this Agreement certifies that they are authorized to enter into this Agreement on your behalf.

Byline Bank Contact Information: (773) 244-7000, contactus@bylinebank.com