E-SIGN Disclosure & Agreement

As part of your relationship with Frost, we want to ensure you have the information needed to effectively manage your accounts, products and services. We are required by law to give you certain information “in writing”, which means you are entitled to receive it on paper. With your permission, we may instead provide some of this information to you electronically, as well as collect your electronic (rather than manual) signature, and store your records electronically. This E- SIGN Disclosure and Agreement (“E-SIGN Agreement”) provides additional detail about the communications, disclosures, agreements, notices and other documents that Cullen/Frost Bankers, Inc., Frost Bank, and/or any of its affiliates (collectively, “Frost”, “we”, or “us”) would propose to send to, store for and sign with you electronically, and sets out hardware and software requirements you need to receive these electronic communications. This E-SIGN Agreement covers all of your accounts, products and services with Frost, and any accounts, products or services with Frost that you apply for, use, administer or access, now or in the future, electronically through Frost’s Online Banking Services, the Internet, email, a website, messaging services, and/or software applications for mobile or hand-held devices.

A. Generally

You understand you must read this E-SIGN Agreement carefully and keep a copy for your records. In order to apply for, register for, use, administer or access your account, product or service that Frost offers you (each as Frost may allow) electronically through Frost’s Online Banking Services, the Internet, email, a website, messaging services, and/or software applications for mobile or hand-held devices, you agree and consent to the electronic delivery of communications we provide to you. You also agree to the use of electronic records and electronic signatures throughout your relationship with Frost.

Examples of electronic communications we MAY send under this E-SIGN Agreement (“Electronic Communications”) include, but are not limited to:

1. This E-SIGN Agreement and any amendments;
2. Disclosures, agreements, acknowledgments, notices and other information or documents related to the opening or initiation of an account, product or service you have applied for or have with Frost, including, but not limited to, account agreements, fee schedules or other disclosures or notices that may be required by federal or state laws or regulations;
3. Service or user agreements for Frost’s Online Banking Services or access to our websites or other electronic services and any amendments to these agreements;
4. Communications related to any Frost account, product or service;
5. Periodic account and activity statements, loan statements or invoices, disclosures and notices we provide to you concerning your Frost account, product or service;
6. Notices of amendments to any of your agreements with us; and
7. Other disclosures and notices we are legally required to provide to you, or choose to provide to you in our discretion.

“You” and “your” mean you, the individual(s) or entity identified on any Frost account, product or service you have with us now or in the future, including but not limited to, any account, product or service you open electronically through Frost’s Online Banking Services, the Internet, email, a website, messaging services, and/or software applications for mobile or hand-held devices. With your consent, Frost can deliver Electronic Communications to you by displaying the documents electronically and can request you sign (manually or electronically), print and/or download the documents and retain them for your records. If you need to update your email address or other contact information, you can do so by calling us 24/7 at (800) 513-7678, writing to us at Telephone Customer Service, P.O. Box 1600, San Antonio, Texas 78296, or if you have an online account, by logging on to Frost’s Online Banking Services and clicking Contact Us.

B. Additional Copies

You have the right to request that Frost provide you in non-electronic (paper) form any Electronic Communication, although you are aware that charges and fees for such non-electronic copies may be charged in accordance with Frost’s most current fee schedule. You may request paper copies of any Electronic Communication within 90 days of the original date of the Electronic Communication by calling us 24/7 at (800) 513-7678 or by writing us at Telephone Customer Service, P.O. Box 1600, San Antonio, Texas, 78296. You also may request additional copies of any Electronic Communication by contacting Frost within 90 days of the original date of the Electronic Communication.

C. Hardware and Software Requirements

You will need a device with Internet access. The browser used should be the most current version of one of the following browsers that receive technical support and security updates: Microsoft Edge, Mozilla Firefox, Apple Safari or Google Chrome. The browser also must have the ability to view, print and/or download .pdf files, and you must have a valid email address and notify us promptly of any change in your email address. We recommend you keep your security settings up to date and that you enable JavaScript. You also will need a printer if you wish to print and retain records on paper and electronic storage if you wish to retain records in electronic from. By your acceptance of this E-SIGN Agreement, you represent that you will maintain all hardware and software necessary to receive, view and maintain (including, but not limited to, saving and/or printing) any Electronic Communications provided to you.

D. Revocation of Consent

You may revoke your consent to this E-SIGN Agreement at any time.

• To revoke your consent in relation to a pending mortgage application, contact your Mortgage Loan Advisor.
• To revoke your consent in relation to Frost Online Banking Services, log on to Frost’s Online Banking Services and change your statement delivery option to paper statements.
• To revoke your consent in relation to Frost Online Banking Services, or any other Frost account, product or service (other than a pending mortgage application), call us 24/7 at (800) 513-7678 or write us at Telephone Customer Service, P.O. Box 1600, San Antonio, Texas, 78296.

Termination of electronic acceptance will result in being unable to receive Electronic Communications, including, but not limited to, being unable to use Online Statement Delivery. Revoking your consent will not affect the legal effectiveness, validity or enforceability of Electronic Communications, electronic records or electronic signatures that were made available to you, created by you, stored or signed prior to your revocation of consent.

E. Federal Law; Termination and Changes

You acknowledge and agree that your consent to Electronic Communications is being provided in connection with a transaction affecting interstate commerce subject to the Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”), and you and Frost both intend the E-SIGN Act apply to the fullest extent possible to validate our ability to conduct business with you electronically. We reserve the right, in our sole discretion, to discontinue Electronic Communications or to terminate or change the terms and conditions upon which we provide Electronic Communications. We will provide you with notice of any such termination or change as required by law.

F. Agreement and Acknowledgement

By clicking “I Agree” and consenting to this E-SIGN Agreement, you represent and warrant: (i) you have read, understood, and agree to the terms of this E-SIGN Agreement; (ii) you consent to receive Electronic Communications, have your records electronically stored and use electronic signatures with us (each as Frost may allow), as stated in this E-SIGN Agreement; and (iii) the Internet devices you will use to access the Electronic Communications meet the system requirements to access information and to retain information as stated in this E-SIGN Agreement.

If you DO NOT want to consent to receiving Electronic Communications, PLEASE EXIT ONLINE BANKING ENROLLMENT OR ONLINE ACCOUNT OPENING NOW. You understand that if you DO NOT want to consent to receiving Electronic Communications, you should NOT proceed.

(NOTE: Frost makes this agreement available for review on frostbank.com and by request. The foregoing provisions of Section F are applicable only in the event you are accepting this E-SIGN Agreement to enroll in and receive Electronic Communications. If you are reviewing a copy of this E-SIGN Agreement during any other time or if a copy is provided to you in another form, you understand and acknowledge that there may be no consent process associated with the review of the copy provided to you.)