This Electronic Communications & E-Sign Agreement (“Disclosure”) applies to all communications and signatures related to the business demand deposit account (“Business Deposit Account” or “Account”) and accompanying services available through the Novo Platform Inc. (“Novo”) website https://novo.co (the “Website”) and mobile application (“Mobile App”). This Disclosure supplements and is to be construed in accordance with the terms contained in the Business Deposit Account Agreement (“Business Deposit Account Agreement” or “Agreement”) you received when you obtain the Novo Business Checking Account (the “Business Account”).
“We,” “us,” and “our” refers to Novo. “Bank” means Middlesex Federal Savings, F.A. “User” and “you” refers to the business entity obtaining an Account.
“Communications” means any agreements or amendments thereto, disclosures, notices, responses to claims, transaction histories, fee schedules, statements, privacy policies, record, document, 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 you in writing.
The Account is intended for use only by User who is willing and able to receive notices and communications exclusively through the Website, the Mobile App or via electronic mail (“E-mail”). If User does not agree to receive the legally-required notices and communications described herein in electronic and not paper form, then User may not open an Account. Similarly, if after providing consent hereunder, User withdraws such consent, we reserve the right to close the Account and terminate User’s participation in the Business Deposit Account program. In opening up an Account, User consents to the use of electronic signatures in Communications with Novo.
1. Scope of Communications to Be Provided in Electronic Form.
When User uses a product or service to which this Disclosure applies, User agrees that any Communications will be provided in electronic format, to the extent allowed by law, and that paper Communications will not be sent. User’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 User 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, (3) through the Mobile App, or (4) in the manner specified in any other agreement we or our affiliates have with you.
If you seek to obtain a new product, service or account with us, we may remind you that you have already consented to receiving electronic Communications and using electronic signatures in your relationship with us.
Continuing to use our electronic services after receiving updates to our system requirements signifies your acceptance of the change and reaffirmation of your consent.
3. How to Withdraw Consent.
User may withdraw consent to receive Communications in electronic form by contacting us at:
Novo Platform Inc.
43 W 23rd St. 3rd Floor
New York, NY 10010
By e-mail at: email@example.com.
If User withdraws consent, the Account will be closed and a balance refund check may be issued in accordance with the terms of the Agreement. If User 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 User’s responsibility to provide us with a true, accurate and complete e-mail address, street address, and other information related to this Disclosure and the Account, and to maintain and update promptly any changes in this information. You can update information (such as your e-mail address) by logging into your online account via https://novo.co/ under “Personal Profile” in the “Account” section or by contacting us at firstname.lastname@example.org. 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 User provided to us.
5. Hardware and Software Requirements.
In order to access, view, and retain electronic Communications that we make available, User must have:
- Computers capable of running one of these compatible browsers:
- Internet Explorer version 11.0 or higher.
- Firefox version 35 or higher.
- Safari version 6.1 or higher.
- Chrome version 38 or higher.
- an Apple iPhone or iPad running iOS version 9.0 or higher.
- access to an active e-mail account with an Email service provider. We may update these requirements as necessary to preserve the ability to receive electronic Communications. If there is a substantial change in these requirements, User 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 User has authorized us to provide electronically. User 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, please contact us through the support tab from within the Novo app or by email at email@example.com during normal business hours, except for national holidays. 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 User will be considered “in writing.” User should print or download a copy of this Disclosure and any other Communications.
8. Federal Law.
User 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 User and we both intend that the Act apply to the fullest extent possible to validate our mutual ability to conduct business by electronic means.
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 User with notice of any such termination or change as required by law.
By checking “I agree,” User adopts the checkmark as User’s electronic signature and User gives us affirmative consent to receive electronic Communications as described herein. User further agrees that User’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 User.
By consenting to electronic delivery of Communications, you also agree that Novo will not be providing to you any future Communications in paper form unless specifically requested by the means defined above.
You should retain a copy of this agreement and all other disclosures or agreements to keep for your records.