E-Mail Statement and Electronic Disclosure - Terms and Conditions

INTERNET BANKING APPLICATION FOR BUSINESS ACCOUNTS

ACCOUNT HOLDERS
Account Name
Account Address
I (We) certify that the information provided is true and correct and I (we) have read and agreed to the Internet Banking Agreement - Business, Wires-On-Line Agreement and Wires-On-Line Security Guidelines as well as the Funds Transfer Agreement Terms and Conditions and Ameritransfer Customer Agreement. I (we) authorize BAC Florida Bank to verify any information included in this application and allow me (us) to access to all the accounts listed below. The use of BAC Florida Bank’s Internet Banking shall be governed by the printed terms and conditions or amendments thereto, as may be established by BAC Florida Bank and communicated in writing to me (us). I (we) hereby authorize BAC Florida Bank to set up the transfer grouping listed below. I (we) understand that the account numbers are set up as a related group and that I (we) can transfer to/from all numbers in that grouping, as capabilities and/or restrictions allow. NOTE: Any joint accounts require all account holders’ signatures
SIGNER # 1 / Signature
Authorized Signer Name
E-mail Address (Required field)
SIGNER # 2 / Signature
Authorized Signer Name
E-mail Address (Required field)

ACCOUNT NUMBER(S) TO ENROLL

Below, list all accounts that you are a signer on and would like to be able to have Internet access to. If no accounts are listed, all will be available.
Account # / Account # / Account #
Account # / Account # / Account #
REQUESTED SERVICES
Cash Management –FEES APPLY- (Select Services Below) View Only -FREE-
ACH Yes No
(Additional contract required) / Positive Pay Yes No
Acct(s)#
/ /
Positive Pay Agreement Terms apply / Wire Transfers WiresDirect (Dual Control required)
(Agreement and Security Guidelines apply on both services above)
DUAL CONTROL: Yes No Initials:______
WIRES LIMIT:$ (N/A for no specified limit)
Ameritransfer
We authorize BAC Florida Bank to advise us of changes and provide statements, disclosures and advices via E-mail and by selecting this option I (we) have read and agreed to the terms in the E-mail Statement and Electronic Disclosure agreement and authorize notifications to be sent to the primary e-mail noted above.
*If Cash Management –Transactions- Requested (read Cash Management Security Guidelines and Initial Procedures):
Designated Customer Security Officer (CSO) / CSO e-mail
ACCOUNTS FOR AMERITRANSFER ACCESS
I (we) understand that the Master user is the only user ID created with this application and the one who will have full control of all actions in reference to any other users configuration; also understand that to add any other users, a User Access Authorization Form must be submitted and that once those user ID’s are created by BAC Florida Bank, it is the Master user who will assign the rights to them.
Master User Name / Master User e-mail
Bank (067) Debit Account Originating Bank: BAC Florida Bank
Add Delete Update Bank Credit Account Beneficiary Initials
Add Delete Update Bank Credit Account Beneficiary Initials
Add Delete Update Bank Credit Account Beneficiary Initials
Add Delete Update Bank Credit Account Beneficiary Initials
Bank (067) Debit Account Originating Bank: BAC Florida Bank
Add Delete Update Bank Credit Account Beneficiary Initials
Add Delete Update Bank Credit Account Beneficiary Initials
Add Delete Update Bank Credit Account Beneficiary Initials
Add Delete Update Bank Credit Account Beneficiary Initials
Ameritransfer Participating Banks
(801)BAC Intl Bank, Grand Cayman (023)BAC Honduras (808)BAC Panama (700)BAC Nicaragua (025)Banco de America Central (802)BAC Bahamas Bank & Trust Limited (102)BAC San Jose (067) BAC Florida Bank (042)BAC Guatemala (814)BAC Bank Inc
Important notice – The use of correction fluid is not allowed
Important notice – The use of correction fluid is not allowed
Ameritransfer Participating Banks
(801)BAC Intl Bank, Grand Cayman (023)BAC Honduras (808)BAC Panama (700)BAC Nicaragua (025)Banco de America Central (802)BAC Bahamas Bank & Trust Limited (102)BAC San Jose (067) BAC Florida Bank (042)BAC Guatemala (814)BAC Bank Inc
Bank (067) Debit Account Originating Bank: BAC Florida Bank
Add Delete Update Bank Credit Account Beneficiary Initials
Add Delete Update Bank Credit Account Beneficiary Initials
Add Delete Update Bank Credit Account Beneficiary Initials
Bank (067) Debit Account Originating Bank: BAC Florida Bank
Add Delete Update Bank Credit Account Beneficiary Initials
Add Delete Update Bank Credit Account Beneficiary Initials
Add Delete Update Bank Credit Account Beneficiary Initials
Bank (067) Debit Account Originating Bank: BAC Florida Bank
Add Delete Update Bank Credit Account Beneficiary Initials
Add Delete Update Bank Credit Account Beneficiary Initials
Add Delete Update Bank Credit Account Beneficiary Initials
Bank (067) Debit Account Originating Bank: BAC Florida Bank
Add Delete Update Bank Credit Account Beneficiary Initials
Add Delete Update Bank Credit Account Beneficiary Initials
Add Delete Update Bank Credit Account Beneficiary Initials
CUSTOMER AUTHORIZATION
The use of the Ameritransfer service as offered by BAC Florida Bank shall be governed by the printed terms and conditions or amendments thereto, as may be established by BAC Florida Bank and communicated in writing to me (us). I (we) authorize BAC Florida Bank to setup the transfer grouping as listed above. I (we) understand that the BAC Florida Bank account numbers to be debited are set up as related to the accounts listed for crediting and that I (we) can transfer from listed BAC Florida Bank account only to the account numbers in that grouping, as capabilities and/or restrictions allow. Customer has reviewed the schedule of fees and agrees to honor any fees incurred through the use of this service.
FOR BANK USE ONLY / Officer Approval
Add
Change
Delete / Internet Banking ID: / Cuenta Internet (CI):
XpressWires Company ID: / User ID SEC:
Input by/date: / Verify by/date:

Rev Nov 2011 Page 16of 2

BAC FLORIDA BANK

Internet Banking Agreement

(Business ACCOUNTS)

I. GENERAL DESCRIPTION

A. Scope

This Internet Banking Agreement (the "Agreement") describes your rights and obligations as a user of the online banking services listed herein (collectively the "Services"). The Services permit our customers to perform a number of banking functions on account(s) linked to the Internet Banking System through the use of a personal computer. It also describes the rights and obligations of BAC Florida Bank (the "Bank"). Please read this Agreement carefully. By requesting and using one of the Services, you agree to comply with the terms and conditions of this Agreement. Your use of the Services may also be governed by separate agreements between you and Bank. This Agreement supplements any other agreement(s) and/or disclosures related to your Eligible Accounts and provided to you separately, and does not change the terms and conditions of such other agreements. You should review those agreements for any applicable fees, for limitations on the number of transactions you can make, and for other restrictions that might impact your use of an Eligible Account with the Services. However, if there is any conflict of inconsistency between the terms and conditions stated in such other agreement and those of this Agreement, the terms and conditions of this Agreement shall control to the extent of such conflict or inconsistency. Furthermore, the Services are also subject to the General Terms of Use for the Website, the terms or instructions appearing on a screen when enrolling for, activating, accessing, or using the Services, the Bank’s rules, procedures and policies, as amended from time to time, and the state and federal laws and regulations, as applicable.

B. Electronic Consent Disclosure

Please read this Electronic Consent Disclosure and retain a copy for your records. You understand and agree that Bank may provide to you in electronic format, any and all agreements, disclosures, notices, and statements and other information and communications regarding your Eligible Accounts, services and products through the Services, including any products or services made available to you in the future. We will deliver this Agreement to you in an electronic format. We may also deliver other disclosures to you in an electronic format, including but not limited to amendments to this Agreement, or any other Bank’s agreements, deposit account disclosures, notices regarding changes to deposit account terms and fees, privacy notices, all notices required to be delivered under the terms of this Agreement, account information, account activity, account inactivity, payments made or due, account statements or other statements (collectively "Electronic Disclosures"). When changes are made to this Agreement or the Services, we will notify you within the timing and using the methods required by applicable law. We reserve the right to furnish to you and the right to require you to furnish us with paper copies of information in lieu of and/or in addition to the Electronic Disclosures.

Bank may make Electronic Disclosures available to you by posting the information at the Bank’s Website or transmitting them to you at the email address provided at the time you enrolled for the Services. Please ensure that your email address is correct and remains current. If the email address we have for you is incorrect, you will not receive any email notifications nor will we send you a paper notice in lieu of an email notification. It is your sole responsibility to provide Bank with a correct and current email address.

You can update your personal information by clicking on the tab "Options" once you have accessed the Internet Banking System or notify us of any changes to your personal contact information by either:

· Contacting one of Bank’s local branch offices;

· Contacting Customer Service at (305) 789-8077 or via email at ; or

· Write to us at: BAC Florida Bank, 169 Miracle Mile R-10. Coral Gables, Florida 33134.

C. System Requirements

In order to access the Services you must have the following:

· Internet access; and

· A computer with an Internet browser that is capable of SSL, 128-bit encryption.

Bank may revise hardware and software requirements at any time, and if there is a material change that may impact your ability to access the Electronic Disclosures, we will notify you of these changes in advance and provide you an opportunity to change your method of receiving Electronic Disclosures (e.g. change to paper format vs. an electronic format), without the imposition of fees.

D. Canceling Electronic Delivery

After consenting to this Agreement, you will be able to cancel electronic delivery preferences as follows:

· You may elect to receive delivery of your deposit account statements electronically or you may elect to receive these statements in paper form. See Section VII below for details.

· You may cancel the delivery of Electronic Disclosures at any time by calling Customer Service at (305) 789-8077 or via email at . If you cancel your consent for the delivery of Electronic Disclosures (except for delivery of paper deposit account statements as permitted above), Bank may terminate your access to the Services after Bank has had a reasonable opportunity to act upon your request.

E. Acceptance of this Agreement

After you have carefully reviewed this Agreement in its entirety and the Bank’s Privacy Policy, you will be asked to agree (by clicking the "I Agree" button) to be bound by the terms and conditions set forth herein. If you do not agree to the terms of this Agreement, click on the "Cancel" button, and you will not be enrolled in the Services. We suggest that you print or save a copy of this Agreement. By clicking the "I Agree" button, you agree to all of the terms of this Agreement and you (i) agree that Bank may deliver this Agreement to you electronically rather than in paper format; (ii) agree that Bank may provide Electronic Disclosures electronically; (iii) represent that you are at least 18 years of age and have the capacity to enter into this Agreement; and (iv) certify that you have all of the necessary equipment and software to receive and retain this Agreement and any electronic amendments to this Agreement we may provide.

F. Definitions

In addition to other terms defined in this Agreement, the following definitions apply to this Agreement:

"Agreement" means the terms and conditions of this Internet Banking Agreement, as amended from time to time.

"Bill Payment Service" means the online service that enables the scheduling of bill payments using a personal computer or other internet-based device through our Bill Payment Service Provider.

"Bill Payment Service Provider" means the contractor(s), subcontractor(s) or provider of our Bill Payment Service, currently Jack Henry & Associates.

"Bill Payment Account(s)" means the account(s) from which bill payments will be debited.

"Biller" means the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.

"Business Day" means Monday through Friday, excluding Saturday, Sunday and federal banking holidays for bank accounts and products.

“Cash Management” refers to a service offered exclusively to business Eligible Accounts in order to participate in services such as ACH Origination, Wires On Line, and Positive Pay.

“Cash Management PIN” refers to a business Personal Identification Number and which is used in addition to the Cash Management Authorized User ID. Your Cash Management PIN is a unique code known exclusively by you and must be used along with your Cash Management Authorized User ID. Your Cash Management PIN is used to identify you and to authenticate transactions performed through the Services. The Bank does not have access to your Cash Management PIN.

“Cash Management Authorized User ID” refers to an acronym of numbers and/or letters that is used by businesses to access the Services, and which is used in addition to the Internet Banking Authorized User ID. Your Cash Management Authorized User ID is known by you and the Bank. It will be used to identify you as a Customer Delegate of the Eligible Account(s).

“Customer Delegate” means, collectively, the Primary User(s) or Secondary Users designated in accordance with the procedures set out in this Agreement.

"Due Date" means the date reflected on your Biller statement for which payment is due; it is not the late date or grace period.

"Eligible Account" means any one of your account(s) with us which you have enrolled in the Services and to which we may allow access pursuant to the terms and conditions of this Agreement. The account must be titled in the name of the business and provide for an individual who has been authorized, as a Primary User, to install the initial Internet banking and use the Services on your behalf. As long as you use the Services, you agree to maintain one or more Eligible Account(s) with us and to keep sufficient balances in any such account(s) to cover any transaction and fees that are ultimately approved by or related to the Services.