TERMS AND CONDITIONS FOR
Date last amended: 05/06/2015
1.1 This Agreement becomes effective
between you and us when you use or access Electronic Banking. . By
accessing Electronic Banking or using any function or service of
Electronic Banking, you enter into an agreement with us on the
terms and conditions set out herein.
1.2 You must take time to
read these terms and conditions carefully, make sure you understand
them and pay special attention to all the terms printed in
1.3 In addition to this Agreement,
the terms and conditions of any other product, account, service or
facility which we offer and which you make use of, will apply. In
the event of conflict between the provisions of this Agreement and
such other terms and conditions, the provisions of this Agreement
1.4 The Agreement is further
subject to the applicable laws of the (this) country.
Codes" - includes passwords, PINs, user names, user
numbers and user IDs;
2.2 "Agreement" -
these terms and conditions and any Statements and notices issued or
to be issued by us, as amended from time to time;
"we" or "us" - BancABC
Account" - your nominated account for the purpose of
debiting the fees payable in terms of this Agreement;
"Device" - an intelligent
electronic device, such as a personal computer (PC), laptop, tablet
PC, personal digital assistant (PDA), cellphone, kiosk, television
or similar technologies which you select to use to access
banking" - includes the systems and services
that enable access to and activation of accounts and other
services, performing of certain transactions, giving instructions
to the Bank, making payments or obtaining information on
financial products and services through a Device on a public or
private network and shall include such platforms as Internet
banking and mobile banking;
2.7 "PIN" -
personal identification number;
"Statement" - bank statement,
contract or translation note, confirmation notice for investment
services, or any of these or similar documentation, as applicable,
depending on the service;
2.9 "you" or
"your" - the person who registers for
and uses Electronic Banking, or in whose name an account is opened,
including any legal entity;
3 Changes to this
3.1 We may change this Agreement
from time to time. The latest version will apply to you each time
you use Electronic Banking.
3.2 It is your
responsibility to review the terms and conditions each time you
access or use Electronic Banking. Each time you access or use
Electronic Banking, you agree to be bound by the terms and
conditions as amended from time to time.
3.3 If you do not
accept the terms and conditions of this Agreement, you should not
access or make use of Electronic Banking.
4 Activation of
Electronic banking access
4.1 Before we allow you access to
Electronic Banking we may need information from you to verify that
you are who you say you are.
4.2 By agreeing to be bound by the
terms of this Agreement, you agree that the Electronic Banking will
be available on all eligible accounts with us, whether open now or
to be opened in the future. Electronic Banking may not be available
for some types of accounts and we will only give you access to
accounts which are eligible.
features and precautions.
5.1 You must take all reasonable
precautions to prevent unauthorised access and use of Electronic
Banking. It is your responsibility to look after your Access Codes
and keep them secret. Any person in possession of or who knows your
Access Codes may get access to your accounts and withdraw money or
use your private account information unlawfully.
5.2 If you fail to
keep your Access Codes secret or fail to take reasonable
precautions to prevent unauthorised access and use of Electronic
Banking, you hereby waive any claim that you may have against us
for any loss or damage you may suffer.
5.3 It is not safe to
store your Access Codes on a Device. You must not allow any other
person to operate or perform any transactions on Electronic Banking
on your behalf or provide your Access Codes to any person
(including our own staff) who asks for such access.
5.4 If you ask us to stop or
change any Access Code, you agree that we may:
5.4.1 ask you to prove your
identity to us;
5.4.2 reject any instructions we
5.4.3 top any payment or
instruction if it has not already been carried out;
5.4.4 reverse any payments to the
extent permissible in law; or
5.4.5 deactivate the Access Code
(stop it from working) immediately.
6.1 You must -
6.1.1 if you keep a physical
record of the Access Codes, store them in a safe location away from
6.1.2 not use Internet cafés,
public phones or other forms of access utilising devices generally
available to numerous other users .
6.1.3 not click on any link in an
email to get to our Electronic Banking site. For our internet
banking please type in the URL http://www.bancabc.com and from
there, follow the Electronic Banking link;
6.1.4 not leave your Electronic
Banking session unattended. This applies whether the Device
is one you have obtained and use independently of us or a device
provided by us to access Electronic banking services in any one of
our branches. The public nature of our branches makes it
particularly important that, if you access Electronic Banking from
a device in one of our branches, you do not leave that device
unattended while on-line and you ensure that you logoff before
leaving the branch.
6.2.1 The Electronic Banking system will
prompt you to change your login password on first login. The
password policy is detailed on the site.
6.2.2 If you discover or suspect
that your password or is known to someone else, you must
immediately change the password yourself through Electronic
Banking. If this is not possible, you must notify us immediately by
telephoning us on [●]. We will suspend use of Electronic Banking
until new Access Codes have been set up.
6.3.1 If you become aware of any
transaction on any of your accounts that has not been validly
authorised by you, you must notify us immediately by telephoning
6.3.2 For this purpose, you are
reminded that you must, as is required of you for all your
accounts, check all Statements for any unauthorised
7 Types of
7.1 SME and Corporate
7.1.1 Each authorised user for a
given SME or Corporate will have their own unique Access Codes to
enable the execution of banking instructions aligned to the
authorisation process of the relevant legal entity.
7.1.2 Save as provided otherwise
and without prejudice to the terms and conditions governing
corporate or SME accounts with the Bank (if any), Electronic
Banking may be used by you as an authorised user of the account
provided you continue to have signing authority and the Bank has
provided you with a User ID and password.
7.1.3 Should the signing authority
in respect of the corporate or SME account change, you will cease
to use Electronic Banking in respect of that account and have the
obligation of advising the Bank immediately.
7.2.1 Save as provided otherwise
and without prejudice to the terms and conditions governing your
joint accounts with the Bank (if any), Electronic Banking may be
used by you as a joint account holder provided you continue to have
signing authority on an "either or survivor "basis and the Bank has
provided you with a personal PIN number.
7.2.2 Each authorised user on the
account will have their own unique Electronic Banking Access Codes
to enable the execution of banking instructions aligned to the
authorisation process of the legal entity.
7.2.3 Should the signing authority
in respect of any joint account change, you will cease to use
Electronic Banking in respect of that account and have the
obligation of advising the Bank immediately.
We charge you fees for using Electronic
Banking as follows:
8.1 We will charge you a fee at
the end of each month (a subscription fee) for each Electronic
Banking platform you use. We will also charge a fee each time you
use your account to make a transfer or payment (a transaction fee),
based on the type of transaction you do. We will deduct the fees
from your Billing Account.
8.2 The fees will change from time
to time and in such instances, we will give you at least 30 days
prior notice through means such as an advert in the newspaper or a
notice in our branches. If we give you such a notice, you will not
have to pay any proposed increase so long as you cancel your use of
Electronic Banking during the 30-day notice
period. However, your continued use of Electronic
Banking after the 30-day notice period shall be deemed to be your
acceptance of such changed fees.
8.3 If you do not pay
our fees or do not have enough money in your Billing Account, we
may stop you from using Electronic Banking and may also deduct any
fees you owe us from any other account you have with
9.1 On Electronic Banking, you
communicate with us electronically, so there is no direct personal
contact between us and you. We rely on and carry out all
instructions that appear to come from you through use of your
Access Codes (even if someone else pretends, without us knowing, to
be you by using your Access Codes).
9.2 Instructions sent to us are
not always carried out immediately after they are issued. We will
treat your instructions to us according to your customer profile
and the type of account and transaction involved.
9.3 We will act on instructions in
accordance with the processing times as communicated to you for the
particular service to be performed. .
9.4 We will not accept an
instruction that is conditional or requires performance sooner or
earlier than our normal banking procedures allow.
9.5 If an instruction appears not
to have been properly authorised by you, we will make efforts to
validate the authenticity of the instruction and may take steps to
reverse any action taken on the basis of that instruction, to the
extent permissible in law. We will not be responsible
for any loss to you that results from such attempts.
9.6 You cannot cancel or withdraw
any instruction after you have sent it to us, unless we have not
yet performed the instruction. A payment which has
been made by us on an instruction from you cannot be cancelled or
reversed, even if it is a repeat of the same payment.
9.7 Do not give the same
instruction again unless we have told you that we did not receive
it, or else we may repeat the same payment. You must first check
your Statements before giving a payment instruction again.
9.8 We are not
responsible for any loss or damage you suffer because you send the
same instruction again and we repeat a payment. You waive (give up)
any claim against us if this happens. However, if you do
ask us to reverse an instruction after you have given it, we may,
at our discretion try to do so to the extent that this is
permissible in law and possible under the rules and practices of
the banking system. You agree that you will be
responsible for any costs we incur as a result.
10 Availability of
Electronic banking service
10.1 We shall make reasonable
efforts to have Electronic Banking available to you on a 24-hour, 7
days a week, 365 days a year basis. However, Electronic Banking may
not always be available for any reason, including:
10.1.1 routine maintenance/upgrade
10.1.2 any technical failure or
problem with our or any other electronic communication directly or
indirectly involved in providing Electronic Banking;
10.1.3 any failure or other
problem with any telecommunication or electricity service;
10.1.4 excess demand on the
10.1.5 any other circumstance
beyond our control.
10.2 We are entitled
at any time to add to, remove or otherwise change, end or suspend
any of the services available through Electronic
10.3 If Electronic Banking
is unavailable for any reason, you promise to limit your potential
losses as far as possible by communicating with us in any other way
while this situation lasts.
10.4 Country time/national or
public holidays apply when working out any dates or times for
11.1 To protect both
our customers and our staff, and to help resolve any disputes
between you and us, you acknowledge and consent thereto
11.1.1 we may record all telephone
conversations between you and us;
11.1.2 we keep a record of all
instructions given by you via Electronic Banking
11.1.3 we may listen to recorded
conversations in order to assess and improve the quality of
12 HARDWARE AND
12.1 You must use adequately
protected hardware and software (computer equipment and programs)
suitable for Electronic Banking. If you do not, the
service may not work properly and this could increase your security
12.2 Transmission of
information and instructions
12.2.1 Information or instructions
sent over a Device can be intercepted, seen or changed unlawfully
if any link is not secure. Such information or instructions may
also be delayed by circumstances beyond our reasonable control. We
require you to play your part in limiting the risk of interception
12.2.2 We are not
responsible or liable for any loss or damage suffered by you
because any person gained unauthorised access to the Devices or the
communication system, or because your instructions to us were
12.3.1 Although the Electronic
banking service is compatible with a number of browser types, we
shall not be liable to you for any loss you suffer as a result of
any incompatibility between Electronic Banking and any computer or
other device from which you access Electronic Banking. .
12.3.2 We also do not warrant or imply
that any file, download or application on Electronic Banking is
safe to use on any device. We cannot guarantee that the system does
not contain software or data that can negatively affect a computer
12.4 Protection against
Electronic Banking can be accessed
through the Internet over which we have no control. You must
therefore ensure that any computer or other device you use to
access Electronic Banking is adequately protected against acquiring
13 liability for loss or
13.1 You understand and
agree that your use of and access to Electronic Banking is done at
your own discretion and risk.
13.2 We will not be
responsible for any damage to your Devices or loss of data that
results from such access, except in the case of our wilful
misconduct or gross negligence. You further acknowledge and agree
that it is your responsibility to implement sufficient security
procedures and virus checks and other security measures to satisfy
13.3 Except to the extent
that we acted with fraudulent intent or gross negligence and to the
extent permitted by law, we shall not be liable for direct,
indirect, special, incidental, or consequential losses or damages
which you may suffer as a result of -
13.3.1 any malfunction or
defect in the hardware or software used by you;
13.3.2 malfunctioning of
any system which is beyond our control;
Banking being unavailable;
circumstance not reasonably within our control;
unauthorised or unlawful instructions from you;
13.3.6 unlawful or
unauthorised access by another person, not due to fraud or gross
negligence by us.
13.4 You indemnify us
against any loss or damages (including indirect or consequential
damages), that we may suffer as a result of incorrect, illegal,
unauthorised and/or wrongful instructions or information given by
you or any other person who used your Access Codes.
14 Breach of the
14.1 We may stop you
from using Electronic Banking if you breach an important clause of
this Agreement and do not remedy it within the stipulated period
after we have asked you to.
14.2 We may also hold
you liable for any loss, damage or expense we suffered or incurred
as a result of a breach by you of any of the terms and conditions
of this Agreement.
15 Termination of
15.1 Either of us may cancel your
use of Electronic banking at any time by giving written notice of
15.2 We may, without
liability, stop you from using Electronic Banking. We need not give
you notice in the following circumstances and may close your
account immediately if we:
reasonable grounds to believe or suspect it is being used
negligently or unlawfully or contrary to the terms and conditions
of this Agreement; or
15.2.2 must do
this for legal reasons.
16.1 From time to time we may advertise
our own products and services, and those of other companies in the
BancABC group, and any other group and/or company that BancABC may
have an arrangement with, through Electronic Banking.
16.2 If, in
connection with other agreements with us, you have asked us not to
send you any marketing material (or if you do so in the future),
you agree that this restric tion will not apply to these
17.1 If any dispute results from
technical issues related to Electronic Banking, a court or
arbitrator may be appointed to interpret this Agreement in a way
that makes normal banking easier, without focusing too much on
17.2 Any favour we
may allow you will not affect any of our rights, whether the favour
is express or implied. We do not ever waive (give up) our
17.3 If any clause in this
Agreement is invalid or illegal or cannot be enforced, the
remaining clauses will continue to be valid.
17.4 You are
responsible for making sure that you never use Electronic Banking
for any illegal or unlawful purpose. If you do, you will be held
liable and will remain responsible for all such