Electronic Communications Consent

Electronic Correspondence Agreement:

For purposes of this consent, “you” and “your” means the person giving this consent. Your agreement to these terms confirms your ability and consent to transact and receive records electronically.

Consent

Please read this Agreement carefully, including the required hardware and software capabilities, prior to providing us with your consent. By applying for or using our products or by checking any call to action, you are giving us your affirmative consent to receive electronic communications as described herein. Your agreement to these terms confirms your ability and consent to transact and receive electronic communications related to our products and services, as more fully described below under “Scope” (collectively, “Communications”).

Communications in Writing

You understand and agree that all Communications provided to you electronically shall be deemed to be provided to you “in writing”. It is within your discretion to print or download any electronic communications, including this Agreement, for your records.

Please note, if you do not agree to this Agreement, or you later withdraw your consent to this Agreement (as set forth further below under “Withdrawing Your Consent”), you will be unable to continue using certain of our services.

Scope

This Agreement applies to this transaction and all future Communications between you and us. You agree that we may electronically provide you with any and all Communications relating to your Nelnet Bank account and/or loan.

Your consent to receive Communications electronically and participate in electronic transactions, includes, but is not limited to:

  • All loan or repayment applications, promissory notes, and credit agreements;
  • All legal and regulatory disclosures, agreements, and notices;
  • Notices and disclosures about your account features, settings, or changes to any terms of service relating to your account with us;
  • Privacy policies, notices, and updates or changes thereto;
  • Payment information and instructions, confirmation receipts, and communications regarding any authorization to initiate one-time or recurring transfer of funds
  • Periodic billing statements, tax, or other account-related statements

You understand and agree that this consent may cover information that we are required by law to provide to you in writing.

Electronic Delivery

The Communications we provide to you in electronic form may be provided: (a) via email at the e-mail address you specify, (b) by posting to our website(s), (c) by access to a website we designate in an e-mail notice we send to you at the time the information is available, or (d) within your online account. All Communications will be provided electronically. Communications sent electronically to you are considered “received” by you as soon as they are transmitted by us.

Paper Copies

You may obtain paper copies by downloading the communication and printing a paper copy from your computer. Paper copies will not be provided to you by Nelnet Bank. This restriction does not, however, apply to Communications concerning the servicing of your Nelnet Bank loan delivered by the service provider. The service provider may provide you with paper copies of such Communications upon you making a request to the service provider. During the servicing of your loan, you may request a copy of a communication from the service provider by email or phone by contacting loans@nelnetbank.com or calling 800.446.4190. The service provider will not charge you a fee for paper copies.

Withdrawing Your Consent

Your consent will remain in effect throughout your relationship with us until your consent is withdrawn. You have the right to withdraw your consent to receive electronic delivery of communications at any time. You will not be charged a fee for withdrawing. If you withdraw your consent to this Agreement, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.

Please Note: By withdrawing prior to the cancellation date listed on your Final Disclosure, your account with Nelnet Bank will be deactivated and closed, any pending applications for a Nelnet Bank loan will be cancelled, along with your ability to obtain a new Nelnet Bank loan. Your ability to transact with Nelnet Bank will be terminated. To withdraw your consent to receive Communications electronically from Nelnet Bank, please send an email to Loans@NelnetBank.com. If you withdraw your consent to receive Communications electronically, your withdrawal will be effective only after we have a reasonable amount of time to process it. You will receive an email from us once your withdrawal is processed notifying you that your consent has been withdrawn.

If you withdraw your consent during the servicing of your loan, you will no longer receive Communications related to the servicing of your loan electronically. To withdraw your consent with the service provider, you may do so on your firstmarkservices.com account, by sending an email to loans@nelnetbank.com, or calling 800.446.4190. Your notice of withdrawal will be effective only after the service provider has a reasonable amount of time to process it. You will receive an email from the service provider once your withdrawal is processed notifying you that your consent has been withdrawn.

Invalid Email Address

At our option, we may treat an invalid email address or the subsequent malfunction of a previously valid address as a withdrawal of your consent to receive communications electronically.

Hardware and Software Requirements

In order to receive electronic delivery of communications, disclosures, notices and other records, you will need:

a. Access to the Internet

b. Access to a computer or similar device and current browser software that is capable of receiving, displaying, and accessing, any communications. We support the most current version of popular browsers, such as Internet Explorer, Chrome, Firefox, or Safari. The use of the most current browser versions is recommended.

c. Access to a valid e-mail address.

d. Access to software which permits you to receive and access Portable Document Format PDF Files, such as a current version of Adobe Acrobat Reader (available for downloading at http://get.adobe.com/reader/).

e. Sufficient storage space to save communications (whether presented online, in e-mails, or in PDF format).

f. Access to a printer and the ability to print such communications, if you so choose.

If we change the minimum hardware and/or software requirements that could impact your receiving of electronic communications, we will notify you of the changes via our websites.

Updating Your Contact Information

It is your responsibility to provide us with an accurate and complete email address and keep it current so that we may deliver electronic Communications to you. If we are unable to consistently deliver electronic Communications successfully to the email address you provided, your consent to this Agreement will be automatically withdrawn. You may update your contact information with Nelnet Bank by emailing us at Loans@NelnetBank.com, calling us at 1-800- 446-4190, or by logging into your online account.

During the servicing of your loan, you may update your contact information with the service provider through your account on firstmarkservices.com, by sending a request to loans@nelnetbank.com, or calling 800.446.4190.

Federal Law

You acknowledge and agree that your consent to your electronic signature and electronic delivery 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 (Act), and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means

Termination/Changes

We reserve the right, in our sole discretion, to discontinue the provision of your electronic delivery, or to terminate or change the terms and conditions on which we provide electronic delivery. We will provide you with a notice of any such termination or change as required by law.


Electronic Signature Agreement:

You understand and agree that your electronic signature executed in conjunction with the electronic submission of your Nelnet Bank loan application, Credit Agreement, and any other Nelnet Bank loan document(s) shall be legally binding and such transaction shall be considered authorized by you. Typing in your password and selecting “I Agree” creates an electronic signature that has the same legal force and effect as a handwritten signature.