Article 4. Customer s commitments

Transcription

1 THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ===*=== ELECTRONIC BANKING SERVICE CONTRACT Today, mm/dd/yyyy, at Operation Center/ Branch of Joint Stock Commmercial (J.S.C) Bank for Foreign Trade of Vietnam, we, inclusive of: One party:... ID/Passport No:...Issued on...place of Issue.... Address:... Contact address:... Mobile phone number registered for electronic banking service:... Hereinafter referred to as Customer The other party: Operation Center/.Branch of J.S.C Bank for Foreign Trade of Vietnam Address:... Telephone:... Fax... Represented by: Mr/Ms:... Position (Under the Minutes of Responsibility Assignment no.....dated...by Director of Operation Center /... Branch approved by the General Director of J.S.C Bank for Foreign Trade of Vietnam). Hereinafter referred to as Vietcombank Hereby agree to sign the Electronic Banking Service Contract with the following terms and conditions: Article 1. Scope of Service Vietcombank provides Customer with electronic banking (e-banking) services, including: VCBiB@nking (internet banking), VCB-PhoneB@nking (phone banking), VCB-SMSB@nking (SMS banking) and other services as announced by Vietc ombank from time to time (hereinafter referred to as the Service ). Article 2. Password, electronic signature 2.1. Password provided by Vietcombank is to identify Customer. It is Customer s responsibility to change the Password at the first access to the Service Electronic signature is the Security Code sent by Vietcombank to Customer to certify Customer s rights and obligations in connection with the Service. Electronic signature is deemed to have the same validity as Customer s handwritten signature. Article 3. Processing time 3.1. Vietcombank will act on Customer s instructions under the following principles a) Customer may use the Service 24 hours a day and 07 days a week; b) In relation to payments to accounts with Vietcombank, Vietcombank will act on these instructions instantly; Trang 1/7

2 c) In relation to payments to accounts not held with Vietcombank, different cut-off times apply to different instructions. The instructions received by Vietcombank prior to a cut-off time will be acted on instantly; the instructions received after a cut-off time may not be processed until the next business day Regrading Active Message Service through VCB-SMS B@nking a) Vietcombank notifies Customer as soon as there is any change in the balance of registered account(s); b) Related to automated interest payment transactions, automated debt collection transactions and automated fund transfer (AFT) transactions processed within Vietcombank s system, Vietcombank notifies Customer of the updated account balance after 7 a.m of the next day. Article 4. Customer s commitments 4.1. Customer agrees to follow Vietcombank s Service application procedure, transaction process, and User Guide Customer undertakes to provide Vietcombank with complete and accurate information An instruction will be considered as authenticated and accepted by Vietcombank if it has been effected through the Service using an appropriate Username, Password, and/or any other additional verification imposed Vietcombank unless Customer gives Vietcombank prior notice as specified in section 6.2 of Article 6 and section 13.3 of Article Customer accepts that all messages are deemed to have been sent to Customer if it is proved that such delivery has been performed by the mobile network operator(s) whether Customer has actually received such messages or not Customer agrees to receive messages from Vietcombank to get - updated account balance; - one time password (OTP); - notification of Vietcombank s new products, services and promotion; - other announcements facilitating the Service Customer may make payments by using the Service at Customer s disposal; however the payments must not exceed the daily transfer/payment limit approved by Vietcombank as well as Customer s available account balance unless Customer is given an overdraft for such an account by Vietcombank Customer agrees to authorize Vietcombank to debit the nominated account, or any accounts if there is insufficient available balance in the nominated account, with any instructed payment or charges for providing the Service. Article 5. Vietcombank s rights and obligations 5.1. Vietcombank reserves the rights to a) refuse to act on Customer s payment instructions if there is insufficient available balance in Customer s nominated account at the time the payment instructions are to be acted on by Vietcombank, or Customer s nominated account has been closed or invalid, or the billing service providers do not accept electronic payments. Vietcombank will notify Customer of such events. Trang 2/7

3 b) decline Customer s request for cancellation of successfully-processed transactions. c) automatically debit any payments plus any charges payable for the transactions from the account Customer has nominated Vietcombank is under obligations to a) take reasonably practicable steps to ensure that the systems in connection with the Service are installed with adequate security designs and to control and manage the risks in operating the systems, taking into account any law and regulations which may be applicable to the Service from time to time; b) provide Customer with necessary facilities in connection with the Service. Article 6. Customer s rights and obligations 6.1. Customer reserves the rights to a) use the Service as accepted and notified by Vietcombank; b) change Password or request Vietcombank to change/update the Service registration; c) cancel Customer s use of the Service at any time; however, this cancellation shall not be effective without written consent of Vietcombank and if Customer remains liable for any outstanding indebtedness; d) contact Vietcombank s Call Center or any Vietcombank s transaction points if Customer - becomes aware of any delays or mistakes in processing Customer s instructions; or - did not authorize a payment that has been made from Customer s account; or - believes or suspects fraudulent or suspicious transactions are being carried out on Customer s account(s) Customer is under obligations to a) fully equip themselves with machines, connecting devices, softwares, applications of good quality to ensure safe accession and connection to the Service at Customer s own cost; b) take reasonable steps to ensure the safety and compatibility of machines, connecting devices, softwares, applications used to connect with the Service so as to have good control and prevent from any unauthorized access; c) keep Username, Password and other additional verification secret and secure at all times and exercise reasonable care and diligence to prevent unauthorised access to the Service. Customer is liable for all damages and losses arising from such unauthorized access; d) notify Vietcombank immediately of any unauthorised access to the Service or any unauthorised transaction or instruction that Customer knows of or suspects or if Customer suspects someone else knows Username, Password, Electronic signature and/or other additional verification or has unauthorised possession, control or use of your Security Device. Customer may do so in person or by calling the telephone number(s) of Vietcombank s transaction points. Customer is requested to confirm in writing any details given within 01 business day. Until Vietcombank s receipt of such notification, Customer shall remain responsible for any and all use of the Service by unauthorised persons or for unauthorised purposes; Trang 3/7

4 e) notify Vietcombank immediately of any changes in Customer s address and mobile phone number. Vietcombank shall continue to supply the Service through Customer s last registered address or mobile phone number until receipt of Customer s notification as specified in Article 11; f) indemnify Vietcombank fully against all actions, liabilities, costs, claims, losses, damages, proceedings and/or expenses (including all legal costs on an indemnity basis) relating to Customer s use of Service that Vietcombank may suffer, including but not limited to, in connection with or arising from - unauthorized use of password or electronic signature; or - any breach of these terms and conditions by Cutomer; or - Customer s failure or malfunction in hardware and/or software used in connection with the Service; or - Customer s failure to safe-keep Username, Password, Electronic signature ; or - any claim by any other party against Vietcombank arising from the above-mentioned reasons. Article 7. Exclusion of liability 7.1. Vietcombank shall not be liable for any direct or indirect damages or losses Customer may suffer a) save to the extent that such damages or losses are the direct result of Vietcombank s gross negligence, wilful misconduct or fraud; b) arising from or in connection with - authorized access to the Service and related information; or - unauthorized access to the Service and related information owing to Customer s failure to safekeep Username, Password, Electronic signature and/or other additional verification imposed by Vietcombank; or - the incompletion or inaccuracy of messages sent to Customer; or - messages sent by an unauthorized person using Customer s registered mobile phone number; or - any events or circumstances beyond Vietcombank s reasonable control which leads to the Service being wholly or partly unavailable such as, but not limited to, technical breakdown, Service upgrading and maintenance, communication or power failure; or - a third party s responsibilities for dilivery and/or warranty; or - prohibition of using the Service caused by any laws of other countries; or - any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, labour disputes of whatever nature, power failure, or any other reason (whether or not similar in kind to any of the above) beyond Vietcombank's control. Trang 4/7

5 7.2. Exclusion of Customer s liability a) Customer is not liable for losses caused by - transactions carried out before Customer has established a Username and/or Password; or - transactions that exceed the daily limit imposed upon transactions carried out through the Service; or - payments that exceed the availabe balance in Customer s nominated account(s); or - transactions carried out after Vietcombank has received Customer s notification of unauthorised use, control or loss of Username, Password, Security Code and/or other additional verification; or - transactions carried out after Password or Username has been invalid; or - the same transaction being incorrectly debited more than once to the same account as the result of system errors. b) In the above situations, Vietcombank shall refund in full any money taken from Customer s account(s). Article 8. Fees and charges 8.1. Vietcombank is entitled to change the fees and charges for providing the Service from time to time by giving Customer prior notice as specified in Article 11. Such changes shall be binding on Customer if Customer continues to maintain or use the Service on or after the effective date specified in the notification Service fees and charges may be collected prior to, after or at the time the transactions are to be acted on. In case of advance collection, fees and charges may not be refunded to Customer for some kind of Service and under Vietcombank s Service terms and conditions from time to time. Article 9. Copyright Designs, logos, languages, images, reports and other information supplied through the Service are Vietcombank s properties. All copies, changes or amendments without written consent of Vietcombank are considered as breach of law. Article 10. Amendments Vietcombank may change, revise, or modify the terms and conditions of this Contract at any time by sending a written notification to Customer as specified in Article 11, which shall be binding on Customer if Customer continues to maintain or use the Service on or after the effective date specified in the notification Vietcombank shall give Customer at least 30 days prior notice of changes such as (1) more rights and obligations assigned to Customer, or (2) block of some services provided, or (3) less transfer/payment limit unless such changes must be immediately applied for security purposes or due to the law. Trang 5/7

6 Article 11. Communication Customer is deemed to have received notifications from Vietcombank if such notifications are a) publicized on Vietcombank s website at or b) sent to Customer s last registered mobile phone number or address; or c) made available at Vietcombank s transaction points; or d) sent to Customer s last registered postal address according to the Post Office s schedule; or Notifications sent by Customer are deemed to be delivered to Vietcombank on the day of actual receipt. Article 12. Severability If any part of this Contract is held by any court or administrative body of competent jurisdiction to be illegal, void or unenforceable, such determination will not impair the enforceability of the remaining parts of this agreement. Article 13. Suspension or termination This Contract does not have a minimum or finite duration and will be terminated upon either party Vietcombank may suspend or terminate this Contract - by giving Customer at least 30 days prior written notice; or - immediately upon breach by Customer of any terms and conditions of this Contract and other related regulations; or - immediately upon the bankruptcy or other contractual incapacity of Customer; or - if Vietcombank reasonably believes that the Service has been used negligently, illegally or fraudulently by the Customer, or by a third party as a result of Customer s negligence or recklessness Customer may suspend or terminate this Contract - by giving Vietcombank 10 business days prior notice; but - without prejudice to Customer s liability for any outstanding indebtedness on any account or otherwise prior to the date of termination After termination of this Contract, Customer must stop using Username, Password and/or other additional verification provided by Vietcombank Any termination of this Contract shall not affect any accrued rights or liabilities of Customer nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination. Trang 6/7

7 Article 14. Dispute settlement Any dispute arising in connection with the implementation of this Contract, which cannot be amicably resolved by Customer and Vietcombank, shall be finally settled by the competent courts of Vietnam. Article 15. Other agreements This Contract is under Vietnamese laws and related regulations Supporting materials and annexes are integral parts of this Contract. By signing this Contract, both Parties are committed to unanimity and approval of all terms and conditions. Customer is deemed to have read and fully understood, and committed to comply with this Contract, its attached amendments, supplements, annexes (if any) and relevant regulations This Contract shall be effective as of the signing date, consists of 15 articles and is made into...copies with equal legal value, each party keeps...ones. For Customer (signed with full name) For J.S.C Bank for Foreign Trade of Vietnam Branch (signed with full name and Branch s stamp) Trang 7/7