Date last amended: 08/09/2020

1.    Introduction

1.1.    These Terms and Conditions constitute a binding agreement between you and us when you use or access Electronic Banking. By accessing Electronic Banking or using any function or services of Electronic Banking, you enter into an agreement with us on the terms and conditions set out herein.

1.2.    It is advisable that you take time to read these terms and conditions to ensure your comprehension. 

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 shall prevail.

1.4.    The Agreement is further subject to the applicable laws of Botswana.

2.    Definitions

2.1.    "Access 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;

2.3.    "Bank", "we" or "us" - BancABC (Botswana);

2.4.    "Billing Account" - your nominated account for the purpose of debiting the fees payable in terms of this Agreement;

2.5.    "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 Electronic banking;

2.6.    "Electronic 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;

2.8.    "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 Agreement

3.1.    We may change this Agreement from time to time due to software updates, improvements in functionality, change in legal or regulatory requirements or for any other reason that we deem fit that will improve the service. 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 you can use the Electronic Banking you must register and get issued with Access Codes. Registrations can be done at our branches, online or via call center. For more information on how to register visit our branches or call Customer Contact Centre on 3993300
4.2.    You will be allowed to access Electronic Banking once we have conducted a verification exercise in terms of the KYC standard procedure.

4.3.    Your accounts are linked to your mobile number. If you change your mobile number you have the responsibility to ensure you inform us either by calling the Customer Contact Centre or by visiting our branches as the new number will have to be updated.

4.4.    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.

5.    Limits Set By Us 

5.1.    To help you to manage your money safely there are daily limits on your account as you transact via the Electronic Banking.

5.2.    We may set and vary from time to time any limit on the amount which may be transferred in a transaction (or in different types of transaction), or in a series of transactions instructed through Electronic Banking. We set these limits to protect your accounts and us. These limits can be found on our website. You may contact us to request a change to the limits set. We will endeavor to comply with any reasonable instruction and will inform you if they are not.

6.    Security

6.1.    Reduced security risks for Electronic Banking are achieved through the use of browser-based encryption and various security measures implemented by us. We will use all reasonable endeavors to keep Electronic Banking secure.

6.2.    We will monitor computer security threats and take appropriate action, exercising the care reasonably expected of a bank providing similar services. 

6.3.    You will tell us immediately if you:

6.3.1.    suspect or believe that:

6.3.1.1.    any Device or Access Code details are lost, misused or stolen;

6.3.1.2.    any Access Code details may be known to a person other than us;

6.3.1.3.    there has been any unauthorized use of Electronic Banking;

6.3.1.4.    Electronic Banking security measures may no longer be adequate;

6.3.1.5.    there has been a failure or delay in us receiving any instructions or knows or suspects a programming or transmission error or corruption in any instruction; or 

6.3.1.6.    any information on our website is incorrect.

6.4.    If information accessed or received through Electronic Banking is not intended for you, you will:

6.4.1.    immediately notify us;

6.4.2.    not access the information further and immediately delete it;

6.4.3.    keep the information confidential. 

7.    Security Features and Precautions

7.1.    You must take all reasonable precautions to prevent unauthorized 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.

7.2.    If you fail to keep your Access Codes secret or fail to take reasonable precautions to prevent unauthorized 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.

7.3.    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.

7.4.    If you ask us to stop or change any Access Code, you agree that we may:

7.4.1.    ask you to prove your identity to us;

7.4.2.     reject any instructions we receive;

7.4.3.     top any payment or instruction if it has not already been carried out;

7.4.4.     reverse any payments to the extent permissible in law; or

deactivate the Access Code (stop it from working) immediately.

8.    Security Safeguards

8.1.    You must –

8.1.1.    if you keep a physical record of the Access Codes, store them in a safe location away from the Devices;

8.1.2.    not use Internet cafés, public phones or other forms of access utilizing devices generally available to numerous other users.

8.1.3.    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;

8.1.4.    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.

8.2.    Login password

8.2.1.    The Electronic Banking system will prompt you to change your login password on first login. The password policy is detailed on the site.

8.2.2.    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 3993300. We will suspend use of Electronic Banking until new Access Codes have been set up.

8.3.    Statement check

8.3.1.    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 us.

8.3.2.    For this purpose, you are reminded that you must, as is required of you for all your accounts, check all Statements for any unauthorized transactions.

9.    Types of Accounts

9.1.    SME and Corporate Accounts

9.1.1.    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 authorization process of the relevant legal entity.

9.1.2.    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.

9.1.3.    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.

9.2.    Joint account

9.2.1.    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.

9.2.2.     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 authorization process of the legal entity.

9.2.3.    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.

10.    Fees

We charge you fees for using Electronic Banking as follows:

10.1.    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.

10.2.    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.

10.3.    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 us.

11.    Instructions

11.1.    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).

11.2.    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.

11.3.    We will act on instructions in accordance with the processing times as communicated to you for the particular service to be performed.

11.4.    We will not accept an instruction that is conditional or requires performance sooner or earlier than our normal banking procedures allow.

11.5.    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.

11.6.    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.

11.7.    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.

11.8.    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.

12.    Availability of Electronic Banking Service

12.1.    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:

12.1.1.    routine maintenance/upgrade requirements

12.1.2.    any technical failure or problem with our or any other electronic communication directly or indirectly involved in providing Electronic Banking;

12.1.3.    any failure or other problem with any telecommunication or electricity service;

12.1.4.    excess demand on the systems; 

12.1.5.    security reasons, where we suspect unauthorized or fraudulent use of Electronic Banking; or

12.1.6.    any other circumstance beyond our control.

12.2.    We do not guarantee the availability of Electronic Banking and are entitled at any time to add to, remove or otherwise change, end or suspend any of the services available through Electronic Banking without attracting any liability.

12.3.    Where possible, we will notify you in advance of any unavailability of Electronic Banking and 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.

12.4.    Country time/national or public holidays apply when working out any dates or times for service provision.

13.    Call Recording

13.1.    To protect both our customers and our staff, and to help resolve any disputes between you and us, you acknowledge and consent thereto that:

13.1.1.    we may record all telephone conversations between you and us;

13.1.2.    we keep a record of all instructions given by you via Electronic Banking

13.1.3.    we may listen to recorded conversations in order to assess and improve the quality of Electronic Banking.

14.    Hardware and Software

14.1.    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 risks.

14.2.    Transmission of information and instructions

14.2.1.    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 or delay.

14.2.2.    We are not responsible or liable for any loss or damage suffered by you because any person gained unauthorized access to the Devices or the communication system, or because your instructions to us were delayed.

14.3.    Software compatibility

14.3.1.    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.

14.3.2.    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 system.

14.4.    Protection against viruses
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 viruses.

15.     Confidentiality and Transfer of Personal Information

15.1.    We will take reasonable care to maintain the confidentiality information relating to you. You authorize us to provide third parties with information you believe is necessary, where it engages a third party (Third Party Supplier) in connection with Electronic Banking, or to carry out an instruction.

15.2.    To carry out an instruction, we may be required to transfer personal information to third parties. This may mean personal information is transferred to countries which do not provide the same level of protection for personal information as Botswana. By giving an instruction, you agree to this and confirm that you authorize us to transfer personal information relating to others. Information transferred to third parties may subsequently be accessed and used by law enforcement agencies and other authorities to prevent and detect crime and comply with legal obligations. 

16.    Fraud, Anti-money Laundering and Terrorist Financing

16.1.    We may enquire about your financial position, and transaction history at any time and ·you must provide us with any financial or other important information which we may ask for from time to time. We may make enquiries about your credit record with any credit reference agency or any other party. We may provide credit reference agencies with regular updates regarding the conduct of your account including any failure on your part to meet these Terms. We may provide other banks, upon their request with bank reports relating to the conduct of your Account.

16.2.    You shall comply with all applicable laws and regulations in relation to the performance of its obligations under this Agreement, including Electronic Payment Service Regulations. You acknowledge that we have no responsibility for fulfilling your own legal or regulatory obligations in relation to the Electronic Banking platform.

16.3.    Where you provide transfer of funds services on behalf of your own customers, you confirm that in accordance with laws for the prevention of money laundering, terrorist financing and the provision of financial services to which you may be subject to, you have identified all customers and counterparties for whom you act for and warrants your compliance with such regulations.

17.    Exclusions, Liability and Reimbursement 

17.1.    We shall have no liability for, and may delay or refuse to process or proceed with processing any payment if (i) in its reasonable opinion it is prudent to do so in the interest of crime prevention or compliance with laws including sanctions laws or regulation, or (ii) such delay or refusal is a consequence of checks carried out as part of the proper operation of our payment processing systems.
 
17.2.    You understand and agree that your use of and access to Electronic Banking is done at your own discretion and risk and we do not agree that software used in provision of the service is error free and is not liable for any disruptions to Electronic Banking. 

17.3.    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 your requirements.

17.4.    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 –

17.4.1.    any malfunction or defect in the hardware or software used by you;

17.4.2.    malfunctioning of any system which is beyond our control;

17.4.3.    Electronic Banking being unavailable;

17.4.4.    any circumstance not reasonably within our control;

17.4.5.    erroneous, unauthorized or unlawful instructions from you;

17.4.6.    unlawful or unauthorized access by another person, not due to fraud or gross negligence by us.

17.5.    You indemnify us against any loss or damages (including indirect or consequential damages), that we may suffer as a result of incorrect, illegal, unauthorized and/or wrongful instructions or information given by you or any other person who used your Access Codes.

17.6.    We are responsible for executing payments sent from and received to your account correctly. If a payment is unauthorized, we will refund your payment immediately. If we incorrectly execute a payment, we will refund the payment which you should have received as soon as reasonably practicable. 

17.7.    You will be entitled to a refund in respect of an unauthorized or incorrectly executed payment only if you notify us in writing without undue delay and no later than 13 months after the payment was debited.

17.8.    We record as to the authentication, evidence, consent received from you and technical operability will in the absence of obvious error, be conclusive evidence. 

18.    Breach of the Agreement

18.1.    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.

18.2.    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.

19.    Termination of Services

19.1.    Either of us may cancel your use of Electronic banking at any time by giving written notice of [●].

19.2.    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:

19.2.1.    our licence for any software essential to the provision of the services is terminated or suspended 

19.2.2.    you breach the terms and condition of Electronic Banking

19.2.3.    you propose a voluntary arrangement with your creditors

19.2.4.    there is any resolution or petition for liquidation or bankruptcy or insolvency proceedings are commenced in relation to you in any jurisdiction, except as part of a re-organization agreed by you

19.2.5.    any security is enforced or a receiver or similar official is appointed in respect of any of the assets of you

19.2.6.    there is an application or petition for a liquidation order, or notice is given to any person of intention to appoint a liquidator or a liquidator or similar official is appointed, in relation to you. 

19.2.7.    have reasonable grounds to believe or suspect it is being used negligently or unlawfully or contrary to the terms and conditions of this Agreement; or

19.2.8.    must do this for other legal reasons.

19.3.    We will terminate automatically if the account on which the Electronic Banking is set up is closed unless if you nominate an alternative account. 

20.    Advertising

20.1.    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.

20.2.    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 restriction will not apply to these advertisements.

21.    Applicable Law and Dispute Resolution

21.1.    The Terms and Conditions shall be governed by the laws of the Republic of Botswana.

21.2.    Any dispute arising under the Terms and Conditions shall be resolved through negotiation, failing which, either you or us may submit the dispute to the jurisdiction of the relevant courts in Botswana and irrevocably agrees that a judgment or ruling in any proceedings in connection with these Terms and Conditions will be conclusive and binding and may be enforced in the courts of any other jurisdiction. 

22.    General Provisions

22.1.    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 technical issues.

22.2.    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 rights.

22.3.    If any clause in this Agreement is invalid or illegal or cannot be enforced, the remaining clauses will continue to be valid.

22.4.    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 transactions,

23.    Complaints 

23.1.    If you’re not happy with any product or service you’ve received please contact us (using the phone numbers on our websites) or at your local branch in person or in writing.

23.2.    You can also get in touch with our complaints team whose up to date details can be found on our website or in the compliant handling leaflet which is available in branch.