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eSign Disclosure Statement

Heritage Direct Online Banking Consent to Receive Electronic Records

(This Consent asks for your agreement so that we can provide certain communications and information to you in electronic rather than in paper form.)

This Heritage Direct Online Banking Consent to Receive Electronic Records ("Consent") covers electronic records, as specified below, for all of your accounts ("Account(s)") at Heritage Bank of Commerce ("Bank") that may be accessed using the Bank’s online banking service. The words "we," "us," "our" and other similar terms refer to the Bank, and the words "you," "your" and other similar terms mean you, the individual owner(s) identified on the Account(s). We will sometimes use the words electronic records as a short way to refer to the communications and information that we may provide electronically. Before you decide whether or not you wish to give your consent to receiving electronic records, you should read and consider the following information. Then, if you decide to consent, you can click the "I Agree" button at the bottom of this Consent.

This Consent contains important information that we are required by law to provide to you. You should keep a copy for your records. For your convenience, this Consent is written in a Question and Answer format. If you have any questions about electronic records that are not answered, feel free to communicate with us using any of the following contacts ("Contacts"):

Send us an e-mail at cashmgmt.support@herbank.com;

Call us at 800-796-4777; or

Write to us at:
Heritage Bank of Commerce
Attn: Cash Management Services
150 Almaden Blvd.
San Jose, CA 95113

What records will you provide to me electronically?

If you consent, you will receive the following electronic records that relate to the Online Banking Services, Heritage Direct Online Banking for Individuals (the "Online Banking Service") and Heritage Direct Bill Pay Service (the "Bill Pay Service") (collectively, "Services"):

  • Heritage Direct Online Banking for Individuals Disclosure and Agreement (the "Online Banking Agreement"), and Terms and Conditions of the Heritage Direct Bill Pay Service (the "Bill Pay Services Agreement"). The Online Banking Agreement and the Bill Pay Services Agreement (collectively, the "Agreements") contain terms and conditions governing the Service that is the subject of that agreement. The Agreements also contain information that we are required to disclose to you under the Electronic Fund Transfers Act and its implementing Regulation E regarding the Services;
  • Notification of amendments and other changes in terms, and such other disclosures as may be required by law or provided by us to you as a user of these Services;
  • Periodic statements for your Account(s), including all disclosures and notices provided with the same, including but not limited to those provided pursuant to the Electronic Funds Transfer Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act; and
  • Any notice regarding hardware or software changes that may impact your ability to access electronic records, including any notice revoking or limiting access to our website to access an electronic record or certain information previously provided to you.

Do I have an option to receive these records in nonelectronic form?

No. The Services are electronic banking services that do not have a paper-based alternative to receiving the Agreements. You will not be able to obtain a Service if you choose not to consent to (or if you withdraw your consent to) receiving the Agreements in an electronic form.

Can I get a copy of the records in nonelectronic form if a special need arises?

Yes, you can. If you request one, we can prepare a paper-based version of the Agreements or any of the electronic records you receive, for up to 2 years after the date it was created. If you want us to prepare a paper-based copy, you can request it by contacting us using one of the Contacts shown above.

If you request one copy of an electronic record, we will provide a paper-based copy of the electronic record free of any Bank charges. Normally, we will mail paper-based copies of an electronic record to you (at the address shown on our records) within 2 weeks after the date we receive your request for it. Additional copies may be subject to our applicable fees.

If I consent to electronic records now, and change my mind, what can I do and what are the consequences?

You can change your mind and withdraw your consent to receive electronic records at any time. You can withdraw your consent as to the Online Banking Service alone, or as to the Bill Pay Service alone, or as to both Services. We will then stop providing records to you electronically as to the affected Service (or, as to both Services, if you withdraw consent to receiving electronic records as to both Services). Withdrawing your consent does not affect any Agreements you have already received electronically, but we will then stop providing any remaining or subsequent Agreements or records to you electronically for the affected Service(s). To withdraw your consent, you must write to us at the address above. However, remember that the system does not support paper-based communications so the consequence to you, if you withdraw your consent to electronic records is that we may (but are not required to) terminate the affected Service. You must continue to be an Online Banking Service Customer in order to continue to receive electronic periodic statements.

Are there any hardware or software requirements for me to access or retain the electronic records?

Yes, there are. To access your account(s) via the Internet, you must have World Wide Web access via a Secure Internet Service Provider and an Internet browser that supports 128-bit encryption. The Services may be accessed using Windows or Apple based systems with any current version of Internet Explorer, Firefox, Chrome or Safari. You will need a computer with sufficient memory to store electronic records, and a printer if you want to print copies of electronic records.

If we change the minimum hardware or software requirements needed to access or retain electronic records, and the change creates a material risk that you will not be able to access or retain a subsequent record, then before the change takes effect we will let you know about the change and let you know what the new requirements are.

We will notify you by posted message on the system and at that time you will be allowed to choose whether you still want to give us your consent to receiving communications or information by electronic records. If not, you will be allowed to withdraw your consent at that time, without any fee or charge by us.

However, if you withdraw your consent, your ability to use a Service may also end (as described above, under "If I consent to electronic records now, and change my mind, what can I do and what are the consequences"). This could affect, for example, your ability to access your accounts using the Online Banking Service, or paying your bills using the Bill Pay Service.

How will the electronic records be provided to me?

The "Heritage Direct Online Banking for Individuals Disclosure and Agreement" (for the Online Banking Service) will be provided to you after you give your consent, by clicking "I Agree," below. To receive your electronic periodic statements you agree to access your Accounts using the Online Banking Service frequently and no less than once each statement cycle. Also, you may periodically receive an e-mail notification that an electronic record or notice is available for review and you will be directed to information posted at the Bank’s website. To view these electronic records you may need to access the Bank’s website, open the secure connection for online banking, and click on the necessary tabs (for example, when accessing electronic records that contain personally identifiable financial information). Electronic records will be deemed delivered to you when we make them available electronically.

We reserve the right, from time to time, to deliver one or more electronic records in paper form instead of electronic form by mailing records to last known mailing address on our records for you. In the event that we do so, we are in no way terminating this consent and we may continue to provide records to you in electronic form.

How do I change my contact information?

As part of the enrollment process for Online Banking, we will ask you to provide us your current e-mail address. If in the future, your email address should change, you may update your e-mail address by logging on to Online Banking – click on Other Services, and make the change on the Change of Address page.

If you fail to update or change an incorrect e-mail address or other contact information, you understand and agree that any electronic record subject to this consent shall nevertheless be deemed to have been provided to you if they were made available to you in electronic form on our website or e-mailed to the e-mail address we have for you in our records.

You may also change your address information in the same manner - log on to Online Banking – click on Other Services, and make the change on the Change of Address page.

Are there other special requirements for electronic records?

No. However, please remember -- if you download or print any confidential materials be sure that you store them in a secure environment, just as you would paper-based bank records.

We reserve the right, in our sole discretion, to discontinue providing records in electronic form. We also, reserve the right to change the terms and conditions of this disclosure and consent. If required by law, we will provide you with notice of any such termination or change, and request a new consent.

Agree or Cancel

Click on the "I Agree" button to agree to the electronic delivery of the records identified in this Consent, or select the "Cancel" button to exit from these setup procedures and decline electronic delivery.



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