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Check Card Agreement and Disclosure Statement (Miami)

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Check Card Agreement and Disclosure Statement The undersigned, jointly and severally if more than one, in consideration for the issuance of an automated teller machine/point-of-sale check card by Banco de Bogota, S.A., Miami Agency agrees to be bound by this Check Card Agreement and Disclosure Statement ("Agreement!"). Definition of Terms. The following definitions apply to the terms used in this Agreement: "Automated Teller Machine (ATM)" and "ATM Terminal" means any terminal at which you can use your Card together with your PIN to perform transactions; "Account" means the account at Bank designated on the Application for your Card and which you have specifically designated to be debited for Transactions on your Card; "Bank" means Banco de Bogota, S.A., Miami Agency; "Business Day" means Monday though Friday, except, for legal holidays. "Card" means the VISA@ check card and any duplicates, renewals, or substitutions the Bank issues to you for the purpose of accessing the Account through an ATM, Point-of-Sale or for purchases at certain merchant locations; "Customer," "you" and "your" mean each and all of those who agree to be bound by the Agreement; "EFT", "Electronic Transfer" or "Transfer" means any transfer of funds that is initiated through an electronic terminal (an ATor POS Terminal) or by an electronically processed preauthorized debit or credit for the purpose of ordering, instructing or authorizing the Bank to debit or credit an Account. (It does not include transactions originated by check, draft, or other similar means); "PIN" means the personal Identification number for use to perform a transaction with the Card; "Point-of-Sale (POS)" means the location in a merchant establishment where consumers pay for goods and services; "POS Terminal" means an attended or unattended Card activated terminal that may be used to directly purchase goods and services without the use of any additional medium of exchange. "Transaction" means any electronic funds transaction made with the Card; We, Us and Our means Bank. Issuance of Card. You have requested the Bank to Issue you a Card that can be used to access funds in your Account through participating ATM or POS electronic network locations accessible to VISA@check cards. The Bank will issue you a PIN that must be used with the Card for transactions that require a PIN. Use of the Card is subject to the terms and conditions of your Account and any future changes to your Account may affect your use of the Card. Use of Card and PIN. The Card and PIN number are provided solely for your use and protection. DO NOT REVEAL YOUR PIN NUMBER TO ANYONE ELSE OR WRITE IT DOWN WHERE IT IS AVAILABLE TO OTHERS, You shall at all times: (1) safely keep the Card and PIN number and not permit any unauthorized person to use them; (2)Do not write the PIN number on the card or otherwise disclose or make it available to anyone else; and (3) use the Card, PIN number and terminals only as Instructed and only for purposes from time lo time authorized by Bank. If you authorize another person to use the Card and PIN in violation of this Agreement, you agree to assume full responsibility for such use and we will be entitled to charge your Account for all such Transactions by such person. Responsibility for Transactions. You are responsible for all Transactions you make with the Card or that you authorize another person to make with the Card. If the Account is a joint account, all Transactions involving the Account are binding on all Account holders. The amount of any Transactions will be deducted automatically from your Account. You are not permitted to place any stop payments on a Transaction and the bank has no obligation to honor any stop payment request by you except as to pre-authorized Transactions as Available Services. You may use the Card with the PIN to withdrawal cash from your Account at ATM's, merchants, or financial institutions that accept VISA@cards. You may use the Card without the PIN for POS Transactions to purchase goods or services at places that accept VISA@ cards. Some of these services may not be available at all terminals. Limitations on Usage of Card. Limitations apply to the U.S. Dollar amount of ATM cash withdrawals and Point-of-Sale Transactions, respectively that you conduct through the Card. There is one exception regarding the ATM cash withdrawals an It is that ATM cash withdrawals can not be done in Colombia. Bank may impose a limitation fee as specified from time to time in the Bank's Service Fee Schedule. Fees for Transactions. In consideration for the issuance and use of the Card, Bank may impose initial service fee as specified from the Bank's Service Fee Schedule. The service fee shall be automatically charged on a monthly basis to the Account. Fees for Certain ATM Transaction. When you use an ATM not owned by us, a fee may be imposed by an ATM Terminal operator when you initiate a Transaction or make a balance inquiry, and by any network used to complete the Transaction and/or balance inquiry. Should Bank be required to pay and/or assume such fee, Bank reserves the right, at its sale discretion, to pass on and charge you for such fee. Overdrafts. The Card is not a credit card and its Issuance does not permit you to overdraw your Account or otherwise obtain credit from the Bank. A Transaction through the Card will only be effectuated if there are sufficient readily available funds in the Account. Only if the Bank has granted you overdraft privilege on the Account may a Transaction result in an overdraft on the Account. If the Account is overdrawn, you promise to promptly deposit sufficient readily available funds in the Account to cover the overdraft, and to pay the Bank an overdraft charge for the overdraft balance arising in your Account. The Bank may deduct the amount of any overdraft on your Account from any other account you have with the Bank, subject to applicable law. Documentation of Transactions. You will receive a receipt at the time you make any transaction to or from your Account using an ATM or POS Terminal. This will be your only receipt. You will not receive a copy of any sales draft or debit slip for any Transaction. You will also be sent a monthly Account statement including all Transactions made with the Card. Statements and notices will be mailed to you al the most recent address you have given the Bank. Notice sent to any one of you will be considered notice to all. We are not required to give next day notice to you of receipt of an electronic funds transaction and will not do so. Disclosure of Account Information to Third Parties. The Bank will disclose information to third parties about your Account or the Transaction you make: (1) when It is necessary for completing Transactions; (2) In order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant; (3) in order to comply with government requests or court orders, (4) if you give Bank written permission to make a specific disclosure; (5) for purposes of investigating possible errors, (6) for purposes of collecting, adjusting, settling or reporting your Account if overdrawn, or (7) as otherwise permitted or required by applicable law or regulation. Prompt Notification of Lost or Stolen Card/PIN or of Unauthorized Use of Card/PIN. You must tell us AT ONCE if you know or suspect that your Card or PIN has been lost or stolen or if you know or suspect that your PIN is known or has been used by any unauthorized person. Similarly, you must tell us AT ONCE if you know or suspect of any unauthorized use of your Card or PIN. To report a lost or stolen Card or PIN or any unauthorized use of your Card or PIN, at any time during any day, call: 1-800-317-6020 in the USA or (305)442-0018 from abroad. Telephoning us about such knowledge or suspicion is the fastest and best way to minimize your potential losses. Liability for Unauthorized Transactions. If you tell us within two (2) Business Days after you learn of the loss or theft of your Card or PIN, you can lose no more than U.S.$50 if someone used your Card or PIN without your permission. If you do not tell us within two (2) Business Days after learning of the loss or theft of your Card or PIN, and it can be proven that we could have prevented someone from using your Card or PIN without your permission if you had told us, you could lose as much as U.S.$500. If your regular periodic Account statement shows electronic transfers or other Transactions that you did not make, authorize to be made or that were made by a person whose authority you had previously revoked, you must notify us at once. We must hear from you no later than sixty (60) days after we send you the first statement in which the problem or error appeared. If you do not notify us within the sixty (60) day time period, you may be responsible for the entire amount transferred or debited from your Account if we could have prevented the loss with timely notification. This notice period may be extended for a good reason, such as a long trip or a hospital stay, which keeps you from notifying us. Refusal to Honor Card. The Bank is not liable for the refusal or inability of any electronic terminal to honor the Card, to complete a Transaction or to complete a withdrawal from your Account, or for their retention of the Card. The Bank is also not responsible for the refusal of any merchant or financial institution to honor the Card, to complete a Transaction or for their retention of the Card. Pre-authorization Holds. When you use your Card to obtain cash, goods or other services, the provider may obtain preauthorization for the Transaction from the Bank. We may place up to a three (3) Business Days hold on your Account for the amount of the preauthorization request. If the requested preauthorization amount differs from the amount of the actual Transaction, payment of the Transaction may not remove the preauthorization hold which may remain on the Account until three (3) Business Days have expired. This hold may affect the availability of funds from your Account to pay checks or for other transactions. The Bank will not be responsible for damages for wrongful dishonor if any item is not paid because of an existing preauthorization hold. Stop Payments for Pre-authorized Transactions. You may stop any pre-authorized Transaction that is regularly scheduled to be charged to your Account by notifying us at least three (3) Business Days or more before the Transaction is scheduled to be made and charged against your Account. Notice must be given in writing and delivered to the Bank during its normal business hours (9:00 a.m. to 3:00 p.m., Eastern Standard Time) at the following address: , Attention: Operations Department. Your Account will be charged for each stop payment order you place. Our current service charge for stop payment services is listed in our Service Fee Schedule. If you request us to stop a regularly scheduled Transaction at least three (3) Business Days before its due date, and we foil to do so, we will be liable for your loss. Liability for Failure to Effectuate a Transaction. If the Bank does not complete a Transaction involving your Card on time or in the correct amount according to the Bank's agreement with you, the Bank will be liable for your losses or damages. However, the Bank will NOT be liable: If, through no fault of the Bank you do not have enough readily available funds in your Account to effectuate the Transaction in full. If you have overdraft privilege with the Bank and the Transaction would exceed your overdraft privilege limit. If the ATM where you are making the Transaction does not have enough cash. If the ATM network is inoperative or if circumstances beyond our control (such as fire or flood) prevent the Transaction from occurring, despite reasonable precautions that we have taken. If your Account is subject to legal process or another claim or encumbrance, including uncollected funds, affecting the availability of funds in your Account. If you use a damaged, unreadable or expired Card. If the ATM was not operating properly and you were aware of the malfunction when you began the transaction. If you had previously reported a lost or stolen Card or PIN or unauthorized use of your Card or PIN. If the Bank believes that something is wrong with your Account, or that your Card or PIN have been lost or stolen. For pre-authorized Transaction, If through no fault of the Bank, the payment information for a pre-authorized Transaction is not received. Other Limitations on Bank's Liability. In all cases of EFT failure (not covered by the above listed Bank liability exclusions) which were not intentional and which resulted from a bona fide error, the Bank's maximum liability is limited solely to the amount of the Transaction error. The Bank shall not be liable for special, consequential, punitive or exemplary damages. Foreign Transactions. Transactions that are initiated in foreign countries and foreign currencies will be charged to your Account in U.S. Dollars. The conversion rata will be at: the wholesale market rata, or (ii) the government-mandated rata, whichever is applicable, in effect one (1) day prior to the processing date, increased by one percent (1%).
Transcript
Page 1: Check Card Agreement and Disclosure Statement (Miami)

Check Card Agreement and Disclosure Statement

The undersigned, jointly and severally if more than one, in consideration for the issuance of an automated teller machine/point-of-sale check card by Banco de Bogota, S.A., Miami Agency agrees to be bound by this Check Card Agreement and Disclosure Statement ("Agreement!").

Definition of Terms. The following definitions apply to the terms used in this Agreement: "Automated Teller Machine (ATM)" and "ATM Terminal" means any terminal at which you can use your Card together with your PIN to perform transactions; "Account" means the account at Bank designated on the Application for your Card and which you have specifically designated to be debited for Transactions on your Card; "Bank" means Banco de Bogota, S.A., Miami Agency; "Business Day" means Monday though Friday, except, for legal holidays. "Card" means the VISA@ check card and any duplicates, renewals, or substitutions the Bank issues to you for the purpose of accessing the Account through an ATM, Point-of-Sale or for purchases at certain merchant locations; "Customer," "you" and "your" mean each and all of those who agree to be bound by the Agreement; "EFT", "Electronic Transfer" or "Transfer" means any transfer of funds that is initiated through an electronic terminal (an ATor POS Terminal) or by an electronically processed preauthorized debit or credit for the purpose of ordering, instructing or authorizing the Bank to debit or credit an Account. (It does not include transactions originated by check, draft, or other similar means); "PIN" means the personal Identification number for use to perform a transaction with the Card; "Point-of-Sale (POS)" means the location in a merchant establishment where consumers pay for goods and services; "POS Terminal" means an attended or unattended Card activated terminal that may be used to directly purchase goods and services without the use of any additional medium of exchange. "Transaction" means any electronic funds transaction made with the Card; We, Us and Our means Bank.

Issuance of Card. You have requested the Bank to Issue you a Card that can be used to access funds in your Account through participating ATM or POS electronic network locations accessible to VISA@check cards. The Bank will issue you a PIN that must be used with the Card for transactions that require a PIN. Use of the Card is subject to the terms and conditions of your Account and any future changes to your Account may affect your use of the Card.

Use of Card and PIN. The Card and PIN number are provided solely for your use and protection. DO NOT REVEAL YOUR PIN NUMBER TO ANYONE ELSE OR WRITE IT DOWN WHERE IT IS AVAILABLE TO OTHERS, You shall at all times: (1) safely keep the Card and PIN number and not permit any unauthorized person to use them; (2)Do not write the PIN number on the card or otherwise disclose or make it available to anyone else; and (3) use the Card, PIN number and terminals only as Instructed and only for purposes from time lo time authorized by Bank. If you authorize another person to use the Card and PIN in violation of this Agreement, you agree to assume full responsibility for such use and we will be entitled to charge your Account for all such Transactions by such person.

Responsibility for Transactions. You are responsible for all Transactions you make with the Card or that you authorize another person to make with the Card. If the Account is a joint account, all Transactions involving the Account are binding on all Account holders. The amount of any Transactions will be deducted automatically from your Account. You are not permitted to place any stop payments on a Transaction and the bank has no obligation to honor any stop payment request by you except as to pre-authorized Transactions as Available Services. You may use the Card with the PIN to withdrawal cash from your Account at ATM's, merchants, or financial institutions that accept VISA@cards. You may use the Card without the PIN for POS Transactions to purchase goods or services at places that accept VISA@ cards. Some of these services may not be available at all terminals.

Limitations on Usage of Card. Limitations apply to the U.S. Dollar amount of ATM cash withdrawals and Point-of-Sale Transactions, respectively that you conduct through the Card. There is one exception regarding the ATM cash withdrawals an It is that ATM cash withdrawals can not be done in Colombia. Bank may impose a limitation fee as specified from time to time in the Bank's Service Fee Schedule.

Fees for Transactions. In consideration for the issuance and use of the Card, Bank may impose initial service fee as specified from the Bank's Service Fee Schedule. The service fee shall be automatically charged on a monthly basis to the Account.

Fees for Certain ATM Transaction. When you use an ATM not owned by us, a fee may be imposed by an ATM Terminal operator when you initiate a Transaction or make a balance inquiry, and by any network used to complete the Transaction and/or balance inquiry. Should Bank be required to pay and/or assume such fee, Bank reserves the right, at its sale discretion, to pass on and charge you for such fee.

Overdrafts. The Card is not a credit card and its Issuance does not permit you to overdraw your Account or otherwise obtain credit from the Bank. A Transaction through the Card will only be effectuated if there are sufficient readily available funds in the Account. Only if the Bank has granted you overdraft privilege on the Account may a Transaction result in an overdraft on the Account. If the Account is overdrawn, you promise to promptly deposit sufficient readily available funds in the Account to cover the overdraft, and to pay the Bank an overdraft charge for the overdraft balance arising in your Account. The Bank may deduct the amount of any overdraft on your Account from any other account you have with the Bank, subject to applicable law.

Documentation of Transactions. You will receive a receipt at the time you make any transaction to or from your Account using an ATM or POS Terminal. This will be your only receipt. You will not receive a copy of any sales draft or debit slip for any Transaction. You will also be sent a monthly Account statement including all Transactions made with the Card. Statements and notices will be mailed to you al the most recent address you have given the Bank. Notice sent to any one of you will be considered notice to all. We are not required to give next day notice to you of receipt of an electronic funds transaction and will not do so.

Disclosure of Account Information to Third Parties. The Bank will disclose information to third parties about your Account or the Transaction you make: (1) when It is necessary for completing Transactions; (2) In order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant; (3) in order to comply with government requests or court orders, (4) if you give Bank written permission to make a specific disclosure; (5) for purposes of investigating possible errors, (6) for purposes of collecting, adjusting, settling or reporting your Account if overdrawn, or (7) as otherwise permitted or required by applicable law or regulation.

Prompt Notification of Lost or Stolen Card/PIN or of Unauthorized Use of Card/PIN. You must tell us AT ONCE if you know or suspect that your Card or PIN has been lost or stolen or if you know or suspect that your PIN is known or has been used by any unauthorized person. Similarly, you must tell us AT ONCE if you know or suspect of any unauthorized use of your Card or PIN. To report a lost or stolen Card or PIN or any unauthorized use of your Card or PIN, at any time during any day, call: 1-800-317-6020 in the USA or (305)442-0018 from abroad. Telephoning us about such knowledge or suspicion is the fastest and best way to minimize your potential losses.

Liability for Unauthorized Transactions. If you tell us within two (2) Business Days after you learn of the loss or theft of your Card or PIN, you can lose no more than U.S.$50 if someone used your Card or PIN without your permission.

If you do not tell us within two (2) Business Days after learning of the loss or theft of your Card or PIN, and it can be proven that we could have prevented someone from using your Card or PIN without your permission if you had told us, you could lose as much as U.S.$500.

If your regular periodic Account statement shows electronic transfers or other Transactions that you did not make, authorize to be made or that were made by a person whose authority you had previously revoked, you must notify us at once. We must hear from you no later than sixty (60) days after we send you the first statement in which the problem or error appeared. If you do not notify us within the sixty (60) day time period, you may be responsible for the entire amount transferred or debited from your Account if we could have prevented the loss with timely notification. This notice period may be extended for a good reason, such as a long trip or a hospital stay, which keeps you from notifying us.

Refusal to Honor Card. The Bank is not liable for the refusal or inability of any electronic terminal to honor the Card, to complete a Transaction or to complete a withdrawal from your Account, or for their retention of the Card. The Bank is also not responsible for the refusal of any merchant or financial institution to honor the Card, to complete a Transaction or for their retention of the Card.

Pre-authorization Holds. When you use your Card to obtain cash, goods or other services, the provider may obtain preauthorization for the Transaction from the Bank. We may place up to a three (3) Business Days hold on your Account for the amount of the preauthorization request. If the requested preauthorization amount differs from the amount of the actual Transaction, payment of the Transaction may not remove the preauthorization hold which may remain on the Account until three (3) Business Days have expired.

This hold may affect the availability of funds from your Account to pay checks or for other transactions. The Bank will not be responsible for damages for wrongful dishonor if any item is not paid because of an existing preauthorization hold.

Stop Payments for Pre-authorized Transactions. You may stop any pre-authorized Transaction that is regularly scheduled to be charged to your Account by notifying us at least three (3) Business Days or more before the Transaction is scheduled to be made and charged against your Account. Notice must be given in writing and delivered to the Bank during its normal business hours (9:00 a.m. to 3:00 p.m., Eastern Standard Time) at the following address: 701 Brickell Avenue, Suite 1450, Miami, Florida 33131, Attention: Operations Department. Your Account will be charged for each stop payment order you place. Our current service charge for stop payment services is listed in our Service Fee Schedule. If you request us to stop a regularly scheduled Transaction at least three (3) Business Days before its due date, and we foil to do so, we will be liable for your loss.

Liability for Failure to Effectuate a Transaction. If the Bank does not complete a Transaction involving your Card on time or in the correct amount according to the Bank's agreement with you, the Bank will be liable for your losses or damages. However, the Bank will NOT be liable:

If, through no fault of the Bank you do not have enough readily available funds in your Account to effectuate the Transaction in full.If you have overdraft privilege with the Bank and the Transaction would exceed your overdraft privilege limit.If the ATM where you are making the Transaction does not have enough cash.If the ATM network is inoperative or if circumstances beyond our control (such as fire or flood) prevent the Transaction from occurring, despite reasonable precautions that we have taken.If your Account is subject to legal process or another claim or encumbrance, including uncollected funds, affecting the availability of funds in your Account.If you use a damaged, unreadable or expired Card.If the ATM was not operating properly and you were aware of the malfunction when you began the transaction.If you had previously reported a lost or stolen Card or PIN or unauthorized use of your Card or PIN.If the Bank believes that something is wrong with your Account, or that your Card or PIN have been lost or stolen. For pre-authorized Transaction, If through no fault of the Bank, the payment information for a pre-authorized Transaction is not received.

Other Limitations on Bank's Liability. In all cases of EFT failure (not covered by the above listed Bank liability exclusions) which were not intentional and which resulted from a bona fide error, the Bank's maximum liability is limited solely to the amount of the Transaction error. The Bank shall not be liable for special, consequential, punitive or exemplary damages.

Foreign Transactions. Transactions that are initiated in foreign countries and foreign currencies will be charged to your Account in U.S. Dollars. The conversion rata will be at: the wholesale market rata, or (ii) the government-mandated rata, whichever is applicable, in effect one (1) day prior to the processing date, increased by one percent (1%).

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Page 2: Check Card Agreement and Disclosure Statement (Miami)

Account Agreement. AII Transactions covered by the Agreement are also subject to the terms and conditions of the Account Agreement that govern the Account, except as modified by this Agreement.

Termination and Card Ownership. The Bank reserves the right to cancel your Card at any time and to terminate your privilege of using the Card at any time and to withhold approval of any Transaction at any time. The Card remains the property of the Bank and shall be immediately surrendered by you to the Bank or destroyed upon request.

Posting of Transactions. Unless otherwise posted, transactions posted through an electronic banking terminal after 6:00 p.m., Eastern Standard time, on a Business Day will normally be posted as of the next Business Day.

Billing Rights Notice. In Case of Errors or Question About Your Card: Telephone us at 1-800-317-6020 in the USA or (305)442-0018 from abroad, or write us at: 701 Brickell Avenue, Suite 1450, Miami, Florida 33131, Attention: Operations Department, as soon as you can. If you think your statement or receipt is wrong, or if you need more information about a Transaction listed on the statement or receipt, we must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. When you contact us:

1. Give your name and Account number.

2. Describe the error or the Transaction you are unsure about, and explain as clearly as you can, why you believe it is in error, or why you need more information.

3. Tell us the U.S. Dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days. We will tell you the results of our investigation within ten (10) Business Days (20 Business Days for POS transactions or if the Transaction is initialed outside the United States) after we hear from you and will correct any error promptly. It we need more time, we may take up to forty-five (45) days, or ninety (90) days for POS transactions or if the Transaction was initialed outside the United States, to investigate your complaint or question. If we decide to do this, we will recredit your Account within ten (10) Business Days (twenty (20) Business Days for POS Transactions or if the Transaction is initialed outside the United States) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing, and we do not receive it within ten (10) Business Days, we may not recredit your Account. If we decide that there was not an error, we will send you a written explanation within three (3) Business Days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.

You do not have the right to dispute with us any POS Transaction on the basis that the goods or services purchased with the Card were defective, not delivered, or otherwise not as promised. AII such disputes must be settled directly with the merchant who honored the Card.

Entire Agreement. Even though the sales, cash advance, or other slips that you sign or receive when using the Card or the Account may contain different terms, this Agreement is the sale agreement that applies to the Card and to all Transactions involving the Card.

Choice of Law. Your rights and obligations concerning the Card and Transactions are subject to the rules as adopted from time to time by the funds transfer system used to conduct the Transaction. The Bank may use any of several different funds transfer systems. The systems and their corresponding rules and regulations include, but are not limited to the following:

The Electronic Funds Transfer Act:

The Truth-in-Lending Act;

Automated Clearinghouse - Operating rules of the National Automated Clearing House Association, construed in accordance with and governed by the law at the State of Florida (for Transactions not subject to the Electronic Funds Transfer Act); and

Fedwire - Federal Regulation J and applicable Federal Reserve Bank Operating Circulars.

In the event that the roles of the funds transfer system should be inapplicable for any reason, then the laws of the State of Florida shall govern.

Electronic Banking Transactions Consumer Disclosure Notice. The Electronic Funds Transfer Act of 1978 ("Act") establishes the basic rights, liabilities and responsibilities of consumers who utilize electronic funds Transfer services, also referred to in this Disclosure as electronic banking Transactions provided by financial institutions.

The Board of Governors of the Federal Reserve System has issued regulations to implement the Act. The regulations require that we disclose to our retail customers the terms and conditions of our electronic banking transaction services.

Bank's electronic banking transaction services currently include the following:

1. Preauthorized debits for payment of bills to third parties;

2. Withdrawals performed with a Card at an ATM; and

3. Card purchases made al POS terminals or at participating merchant locations.

You must maintain an Account with Bank to obtain the Card.

Each time your Card is used to purchase goods or services or to obtain cash at a merchant from your Account, you authorize us to debit your Account accordingly. We have no liability or responsibility if, for any reason, the Card is not honored at any establishment.

Fees and service charges associated with electronic banking Transactions are outlined in the Bank's Service Fee Schedule provided at the time your Account was opened, as amended from time to time.

MiscellaneousA. This Agreement and the transactions between you and Bank contemplated hereby shall be construed and governed in accordance with those federal and Florida laws and regulations applicable to Bank. B. All actions, suits or proceedings arising out of this Agreement and any Transactions between you and Bank contemplated hereby shall be subject to the non-exclusive jurisdiction of the state or federal courts situated

in the State of Florida.C. With respect to any such actions, suits or proceeding, you hereby expressly and irrevocably (1) submits to the non-exclusive jurisdiction of the aforementioned courts to the fullest extend permitted by law; (2)

waives any right to assert that service of process or submission to jurisdiction, in the manner provided in this Agreement, is invalid or ineffective; (3) waives any right to assert that this Agreement may not be enforced in or by such courts, and you agree not to seek and hereby expressly waives any review by any court of any other country or jurisdiction which may be called upon to grant an enforcement of the judgment of any such court; and (4) waives any objection it may now or hereafter have based upon improper venue or forum non conveniens with respect to such actions, suits or proceedings. Final judgment against you (a certified or exemplified copy of which shall be conclusive evidence of the fact and of the amount of any indebtedness of Customer hereunder or there under) in any such actions, suits or proceedings shall be conclusive and may be enforced in any other jurisdiction by suit on the judgment. Nothing herein shall be deemed to preclude or in any way limit the right of Bank to sue or take any action against you in any tribunal wherever located having jurisdiction over you or any of its assets or properties.

D. For purposes of facilitating the personal jurisdiction of the stale or federal courts situated in the State of Florida over you, each Customer, jointly and severally, does hereby irrevocably appoint and constitute the Secretary of State of Florida, or his successors in that office (the "Agent"), The Capital, Tallahassee, Florida 32301, as the agent of Customer on whom all process in any action or proceeding may be served. You, jointly and severally, hereby covenant and agree that the Agent, or his successors in that office, shall continue to serve as its agent for service of process for any action or proceedings, and, that service of process by Bank upon the Agent at the address shown above (or such other address as shall be employed by the office of the Secretary at the State of Florida) shall constitute good and effective service upon each Customer sufficient to grant the state and federal courts situated in the State of Florida full and complete personal jurisdiction over each Customer.

E. Except as specifically provided herein, the provisions of this Agreement may not be modified or supplemented. The provisions of this Agreement may, at any time or times, be unilaterally modified by Bank by providing appropriate prior notice, as required by applicable law, by U.S. Mail addressed to any Customer on an Account and directed to such Customer’s last known address or by posting notice thereof in a conspicuous place at the Bank.

F. The inapplicability or unenforceability of any provision of this Agreement shall not limit or impair the operation or validity of any other provision herein.G. Bank reserves the right to waive the enforcement of any of the terms of this Agreement with respect to any Transaction or series of Transactions. Any such waiver will not affect Bank's right to enforce any of its

rights wilt respect to you or to any Customer on the Account, or to enforce any of our rights with respect to later Transactions with you. The fact Bank, on any given occasion, may enforce or waive its rights does not obligate Bank to enforce or waive similar rights in the future, nor will this be sufficient to modify the terms and conditions set forth in this Agreement.

H. The use of captions and/or headings in this Agreement are for convenience only and are not part of this Agreement. Accordingly, they shall not affect the meaning or interpretation of any of the provisions hereof. I. This Agreement and shall remain in full force and effect, unless subsequently cancelled or amended by Bank in accordance with the provisions of this Agreement.J. Neither the signature of Bank nor your signature nor that of any Customer on the Account shall be required on this Agreement to give force and/or effect thereto and your use of the Card constitutes your consent

to be bound by the terms and conditions herein, as amended from time to time.K. This Agreement shall be binding upon your heirs, successors in interest and assigns as well as those of any Customer on the Account. Notwithstanding the foregoing, your rights under this Agreement and those of

any Customer on the Account shall not be assignable without the prior written consent of Bank, and any assignment without such prior written consent shall be null and void.

WAIVER OF TRIAL BY JURY: YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY SUIT, ACTION, PROCEEDING OR LlTIGATlON IN ANY COURT WITH RESPECT TO, IN CONNECTION WITH, ARISING OUT OF OR OTHERWISE RELATE O TO, THIS AGREEMENT AND ITS SUBJECT MATTER, THE CARD, ANY TRANSACTION AND ANY ACCOUNT OF CUSTOMER AT BANK, OR ANY COURSE OF CONDUCT, COURSE OF DEALlNG, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY HERETO OR RELEVANT TO THE TRANSACTION(S) CONTEMPLATED HEREBY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE ISSUANCE AND USE OF THE CARD.

Miami, Florida, USA_________________, 20 ______

MIAMI 353438.5

Page 3: Check Card Agreement and Disclosure Statement (Miami)

Card ApplicationSolicitud Tarjeta Débito

I/we would like to apply for a Check Card in the name(s) of the following authorized signer(s) on my/our Account at Banco de Bogota, S.A., Miami Agency ("Bank"):Yo/nosotros quisiera(mos) solicitar una tarjeta débito en el(los) nombre(s) de la(s) siguiente(s) firma(s) autorizada (s) en mi (nuestra) cuenta en el Banco de Bogotá, S.A., Miami Agency ("Banco").

Type of Card:Clase de Tarjeta

Account Name (Please print as it appears on the Account designated to be debited for Card Transactions)Nombre de la cuenta (favor escribir en letra imprenta como aparece en la cuenta designada para ser debitada por transacciones de la tarjeta).

Account Number:Número de la cuenta

Address(Dirección)

City(Ciudad)

State/Province(Estado o Departamento)

Country(País)

Telephone Number(No)

Telefax Number(No)

Cellular Number(No)

E-Mail

Zip Code(Zona Postal)

Social Security Number(No Cédula)

Type of Account:(clase de cuenta)

Demand Deposit(Cuenta Corriente)

Money MarketMoney Market

Now

Savings(Ahorros)

(bin) Gold(Dorada)

(bin) PlatinumPlatino

ACCOUNTHOLDER INFORMATION (Please Print)INFORMACION DEL TITULAR DE LA CUENTA (Favor Imprimir)

AUTHORIZED CARDHOLDERS (LlST EACH PERSON THAT SHOULD RECEIVE A CHECK CARD, INCLUDING YOURSELF)PERSONAS AUTORIZADAS (ENUMERE CADA UNA DE LAS PERSONAS QUE RECIBIRÁ UNA TARJETA DÉBITO, INCUYENDOSE USTED)

Last NameApellido

Signature of Cardholder # 1Firma # 1

Social Security NumberCédula

Mother's Maiden NameApellido Materno

First NameNombre

Middle NameSegundo Nombre

Home Telephone NumberTeléfono Residencia

AUTHORIZED CARDHOLDER 1 (Primera persona autorizada)

Last NameApellido

Signature of Cardholder # 2Firma # 2

Social Security NumberCédula

Mother's Maiden NameApellido Materno

First NameNombre

Middle NameSegundo Nombre

Home Telephone NumberTeléfono Residencia

AUTHORIZED CARDHOLDER 2 (Segunda persona autorizada)

Last NameApellido

Signature of Cardholder # 3Firma # 3

Social Security NumberCédula

Mother's Maiden NameApellido Materno

First NameNombre

Middle NameSegundo Nombre

Home Telephone NumberTeléfono Residencia

AUTHORIZED CARDHOLDER 3 (Tercera persona autorizada)

Page 4: Check Card Agreement and Disclosure Statement (Miami)

REPRESENTATIONS / AUTHORlZATIONS (Representaciones/Autorizaciones)

I/we have received a copy of the CHECK CARD AGREEMENT AND DISCLOSURE STATEMENT which I/we have reviewed. The terms of the CHECK CARD AGREEMENT AND DISCLOSURE STATEMENT, as amended from time to time, shall govern all matters pertaining to the CHECK CARD, the Transactions effectuated through the CHECK CARD and to the Account in respect to the CHECK CARD and Transactions effectuated through the CHECK CARD.

Yo/nosotros hemos recibido una copia del "Check Card Agreement and Disclosure Statement" el cual yo/nosotros he (mos) revisado. Los términos del "Check Card Agreement and Disclosure Statement", incluidas sus modificaciones posteriores, en las cuales regirán todos los asuntos relacionados con la tarjeta "Check Card" y las transacciones que se efectúen por medio de "Check Card").

By signing below, I/we request the use of the CHECK CARD for making Transactions from ATMs and/or Point-of-Sale-terminals, or for purchases at participating merchant locations. I/we further request that Bank issue a CHECK CARD to each the authorized person(s) named above. I/we covenant that authorized CHECK CARD holders are also authorized signers on the Account.

Firmando a continuación, yo (nosotros) solicito (amos) el uso de la tarjeta "Check Card" para hacer transacciones en cajeros automáticos y/o en las terminales de puntos de venta o para comprar en lugares que participen. Yo/Nosotros solicitamos al Banco que expida una "Check Card" a cada una de la (s) persona (s) autorizada (s) arriba mencionada(s). Yo/nosotros declaro (amos) que las personas aquí autorizadas para el manejo de la Cuenta a través de la tarjeta "Check Card" se encuentran autorizadas para manejar la Cuenta a través de firma.

Mailing address for sending debit card and/or PIN different than the registered address.

(Dirección para envío de tarjeta débito y/o PIN si es diferente a la dirección registrada).

SIGNATURE

Accountholder Signatature Date (Firma autorizada) (Fecha)

FOR BANK USE ONLY (Para uso exclusiva del Banco):

Submitted By (Bank Officer) Date: ______________________________

Approved

Denied By: Senior Manager Personal Banking Date: ______________________________

Reason for denial (if applicable):

The Spanish translation is for your information and convenience only. The English version constitutes the legally binding version and, in the event of any inconsistency with the Spanish translation, shall prevail. La traducción al español es únicamente para su información y facilidad de entendimiento. La versión en inglés constituye la versión dispositiva y jurídicamente vinculante y, en caso de cualquier inconsistencia con la traducción al español, la versión en inglés será la versión determinante.


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