GENERAL TERMS AND CONDITIONS OF USING ELECTRONIC BANKING SERVICES

Transcription

1 GENERAL TERMS AND CONDITIONS OF USING ELECTRONIC BANKING SERVICES VobEbank service for Legal Entities segmented as Small Business Banking and Entrepreneurs I DEFINITIONS: The terms used in these General Terms: electronic certificate, electronic signature, electronic document shall have the meaning defined under the Law on Electronic Signature (hereinafter referred to as: the Law), while the above indicated expressions shall have the following meanings: Client is a legal entity segmented as Small Business Banking or Entrepreneur, which has been approved the conduct of business transactions through VobEbank service and with whom the bank has entered into the Framework Agreement on Payment Services. User of VobEbank service is the Client s representative or one or more natural persons authorized by the Client to perform the defined activities by using the VobEbank service. Smart card is a security device with the integrated chip, which stores an electronic certificate and cryptographic keys necessary for using electronic banking services. Smart card is used for electronic identification within the card s validity period. Smart card reader is a device that facilitates reading of the data from a smart card. Personal number (PIN) is a combination of characters assigned to the User by the Bank, which together with the smart card facilitates the use of VobEbank service. PUK code is a combination of characters assigned to the User by the Bank, which is used to unblock the smart card. VobEbank service Protection Set consists of the smart card reader, smart card and personal identification number (PIN). The protection set may consist of other safety devices with integrated microchips for storing the electronic certificate, and/or cryptographic keys required for VobEbank service operation. VobEbank service set consists of the VobEbank Service Protection Set, installation CD and registration for using the VobEbank service, and/or part of the set if a client is already in possession of some of the set s components. A special agreement - Contract on the use of electronic banking services - VoEbank service II INTRODUCTORY PROVISIONS The General Terms and Conditions of Using the Electronic Banking Services VobEbank service for Legal Entities segmented as Small Business Banking or Entrepreneurs (hereinafter referred to as: General Terms ) define the rights and obligations of the Client, user of the electronic banking service VobEbanke service and Vojvođanska banka a.d. Novi Sad (hereinafter referred to as: the Bank) and together with a Special agreement and other documents which constitute the Framework Agreement on Payment Services regulate the contractual relation between the Bank and the Client. These General Terms together with the General Business Terms for providing payment services for Legal Entities segmented as Small Business Banking or Entrepreneurs constitute an integral part of the Contract of Using Electronic Banking Services VobEbank service. With regard to General Business Terms for providing payment services, these General Terms are deemed to be specific general terms and constitute a part of the Framework Agreement on Payment Services with clients using the electronic banking services. In case of collision, the provisions of a Special Agreement and these General Terms shall apply and the provisions of the General Business Terms for providing payment services for Legal Entities segmented as Small Business Banking or Entrepreneurs. By signing a Special agreement, the Client declares that it has read these General Terms and that it accepts their enforcement as well as all rights and obligations arising therefrom. III CONTRACTING THE USE OF VobEbank service

2 VobEbank service may be used by a Client who has opened a current account in the Bank and entered into the Framework Agreement on Payment Services. In order to be approved the use of this service, the Client shall fill in the Application for Using the VobEbank services with the specification of services and authorizations for the end user and submit it together with the accompanying documentation as requested by the Bank. A client may use the VobEbank service after the bank has approved his/her application, after it enters into the contract on the use of electronic banking services - VobEbank service and has taken over the smart card. If the Client/User has already been issued the electronic certificate for using electronic services, the Bank will permit the use of the existing card after the filed application has been approved and after a Special Agreement has been entered into. The Bank reserves the right to reject the Application for Using the VobEbank service. By signing the application, the Client authorizes the Bank to debit his/her account on ground of the transactions performed, and/or to execute the orders incurred by using the Smart Card. The Client accepts the electronic certificate as an exclusive confirmation of identity when using the VobEbank service without the right of subsequent denial. The use of the electronic certificate disables impersonation, and/or, ensures reliable user authentication. All electronic messages transmitted using the electronic certificate are credible and irrevocable and represent the approval of executing the payment transactions, and/or messages. To use VobEbanke service, a Client must provide computer equipment in accordance with the Bank s requirements. By signing a Special Agreement, the Client confirms that it possesses the required computer equipment. If after starting to use the VobEbank service, the Client continues to use unlicensed, inappropriate or uncertified applications on the same computer, the Bank shall bear no responsibility for non-execution of payment orders and for other possible adverse consequences. Certain electronic banking services (e.g. VobSMS) can be regulated by special general terms and conditions. IV SMART CARD ISSUANCE In order to ensure the safety of use of the VobEbank service, the Bank issues a smart card to a Client/User. The Bank shall issue the smart cards based on the Application of the Client s authorized person for users whose authorizations shall be individually defined. Smart cards allow the authorized access to the VobEbank service, electronic signature of the payment order, order cancellation and verification of inflow, as well as the use of other selected services of VobEbank service. Smart card is the Bank s property and the User must return it upon Bank s request. Smart cards are issued with the validity term equal as the validity term of the electronic certificate defined by the issuer and after the expiry of that period, the validity of the electronic certificate must be renewed. The costs of electronic certificate and smart card renewal shall be covered by the Client, under the terms applicable at the moment of renewal. During the issuance of a new card authorizations shall remain unchanged, except in case the Client requests the modification of the authorization of which it must notify the Bank in writing. V CLIENT/USER S OBLIGATIONS AND RESPONSIBILITIES Client/User shall keep the smart cards and confidentiality of PIN and PUK codes so as to prevent their possession by another/unauthorized person. If the User suspects or establishes that someone has found out his/her PIN code, it may change it at any moment. The Client shall bear all damage caused due to loss, unauthorized or inappropriate use of the card. The Client/User shall keep all the information and assets for creating the electronic signature from unauthorized access and use and use the same in accordance with the provisions of the Law. The Client is responsible for the accuracy of all data submitted to the Bank and shall notify the Bank of any change of such data. The Client/User is responsible for the accuracy of all data contained in the issued invoices, and/or other messages created by using the VobEbank service, and shall accept the risk and responsibility of inaccurate data entry.

3 The Client/User shall regularly monitor the outcome of financial transactions and other messages created by using the VobEbank service, and/or business transactions made on his/her account/accounts and accepts that the statement of account and/or payment certificate are valid documents and undisputable evidence in terms of records of performed transactions. The Client/User shall, while using the VobEbank service, fully abide by applicable legal regulations. In case the legal provisions stipulate so, the Client shall submit to the bank the necessary documentation. The Bank recommends to the Client to change his/her personal number (PIN) and/or log in password at least on a monthly basis. VI BANK S OBLIGATIONS AND RESPONSIBILITIES The Bank guarantees to the Client/User the performance of all properly and timely filed payment orders within applicable time period in accordance with the Schedule, in the amount of available funds and provided the account is not blocked, and/or issuance of other messages created by the use of the VobEbank service. The Bank shall ensure that the Client may review the balance and transactions on the account, as well as the status of other messages created by using the VobEbank service. The Bank shall perform the electronic banking transactions in accordance with applicable regulations. The Bank shall not be responsible in case the order is rejected in the payment transactions system, and/or if the message is not sent due to the Client/User s omission, technical problems in the computer equipment of the Bank, communication devices, computer equipment of the Client/User or other circumstances that the Bank could not influence. While executing orders, the Bank shall not be responsible for damage caused due to delays in data transfer, incorrect or incomplete transfer of data or termination of connections. The Bank shall inform the Client on the impossibility to provide the service. The Bank shall be entitled to change the contents or part of contents of VobEbank service available to the Client of which the Client shall be timely informed. The Client shall not be entitled to compensation in case of change of the VobEbank service content. The Bank shall be entitled to change or supplement the Activity Plan of which it shall inform the Client on timely basis. The Bank s agent shall be authorized to record in the computer system all the activities taken by the Client. The computer record shall be kept in accordance with applicable legal regulations. VII COMPLAINTS The Client/User shall make complaints in writing. The complaint shall be made when an irregularity is identified in the service operation, within the term of no later than 3 days. The complaints that are not made within the specified period shall not be accepted by the Bank and potential damage and costs shall be covered by the Client. VIII BLOCKING SMART CARD AND SERVICE USE The User shall immediately request the cancellation of his/her electronic certificates in all cases of loss or damage to assets or data for creating an electronic signature. The Client/User shall immediately report to the Bank the loss or theft of a smart card, unauthorized access to the elements of the VobEbank Service Protection Set and call parameters on telephone number: and/or address: [email protected]. Based on the Client/User s report the Bank shall block the smart card and service use. Smart card shall be block upon receipt of the Client s notification. The User shall within 2 working days inform and/or confirm to the Bank in writing the loss and/or theft of the smart card. The User shall bear potential consequences of abusing the lost or stolen card up to the moment of reporting the loss/theft. The electronic certificate found after cancellation shall not be used again and a new certificate shall be issued upon Client s request in writing. The costs of issuance of a new electronic certificate shall be covered by the Client. The VobEbank service automatically blocks the possibility of using the service by the User who has entered a wrong personal number (PIN) three times in a row.

4 The Client s legal representative may cancel the authorization to the end user provided the Bank has been notified thereof in writing. After receiving the notification of the cancellation of the User s authorization, the Bank shall immediately block the use of the VobEbank service to a particular user. All the transactions made before the blockade of using the VobEbank service shall be performed. Upon a written request of the Client, the Bank shall issue a new smart card with an electronic certificate. After blocking, the Bank shall ensure using the VobEbank service again after the change of the smart card. IX CANCELLATION OF THE SERVICE The Client may cancel the use of the VobEbank service in writing in accordance with the provisions of the Contract. All debited amounts made before the cancellation of the certificate, periodic costs related to the period in which the cancellation was made as well as all potential costs and interest rates arising from the debited balance shall be covered by the Client. The Bank reserves the right to cancel the use of the VobEbank if the Client does not perform business transactions through the Bank at least 3 months in continuity. The Bank reserves the right to cancel the issued electronic certificate if the Client becomes insolvent or if it has dissolved or if the circumstances which significantly affect the validity of the electronic certificate have changed. X FEES, INTEREST RATES AND OTHER COSTS All interest rates and fees charged by the Bank to the Client for providing electronic banking payment services are shown in the List of Fees. The List of Fees is published on the Bank s website and business premises in which the Bank offers its services to clients. In the manner prescribed above, the Bank has duly notified the Client of all fees and interest rates that the Bank may charge from the Client. The Bank shall charge and collect the interest rate determined in the List of Fees for due outstanding claims of the Bank from the Client. The Client irrevocably accepts and authorizes the Bank to, in order to settle all its claims from the Client, without its additional approval, automatically charge any of its accounts opened with the Bank, except the accounts which have been excluded under the law. XI GENERAL PROVISIONS The data on business transactions made by use of the VobEbank service represent a business secret and the Bank shall disclose such information upon Client s request in accordance with the Bank s business policy and applicable regulations. The Bank and the Client undertake to implement a high level of security measures that will allow for minimum risk of unauthorized access, data change or data loss. XII FINAL PROVISIONS 1.1 These General Rules are drawn up in accordance with the applicable laws of the Republic of Serbia and shall be construed accordingly. 1.2 The Bank may accept the conditions not stipulated in the General Rules in exceptional cases, when that serves the interest of the Bank and the Client. 1.3 With the adoption of the General Rules the Bank is harmonizing agreements on electronic banking use - VobEbank service

5 1.4 The Bank may accept conditions not stipulated in the General Rules in exceptional cases, when that serves the interest of the Bank and the Client. 1.5 The contractual relations and communication between the Bank and the Payment Services Client before and during the contractual relationship shall be performed in Serbian language and alphabet, unless the Bank and the Client have agreed otherwise. 1.6 The User agrees that the Bank reserves the right to amend and supplement these General Rules, and shall timely notify the Client thereof. The General Rules shall be deemed accepted by the Client if within 15 days from notification by publishing on the website, the Bank receives no written complaint concerning the latter. 1.7 The Parties involved in electronic commerce agree that in case of dispute, shall recognize the importance of electronic communications in the court. 1.8 Any possible disputes between the Bank and the Client arising from these General Rules shall be resolved by applying the legislation of the Republic of Serbia. 1.9 These General Rules shall enter into force upon publication in a prominent place in the business premises, and shall be effective from As of the date of application of these General Rules, the General terms and conditions for using electronic banking service VobEbank service for Legal Entities segmented as SBB (Small Business Banking) and Entrepreneurs adopted by Decision No /1 on shall cease to have effect. VOJVODJANSKA BANKA a.d. NOVI SAD