GENERAL TERMS OF USE OF INTESA SANPAOLO ELECTRONIC BANKING FOR RETAIL CLIENTS
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1 GENERAL TERMS OF USE OF INTESA SANPAOLO ELECTRONIC BANKING FOR RETAIL CLIENTS 1. GENERAL PROVISION 1.1. General terms of use of Intesa Sanpaolo Electronic Banking (hereinafter: General terms) shall regulate business relation between Intesa Sanpaolo Banka d.d. Bosna i Hercegovina (hereinafter: the Bank ) and retail clients (hereinafter: clients, beneficiaries, natural persons) to whom the Bank provides banking services on permanent or occasional basis By these Terms and Conditions, the Bank stipulates uniform conditions for using the service Intesa Sanpaolo Electronic Banking (hereinafter: ELBA), collection of fees for the Bank's services, notification and cancellation of ELBA service to retail clients Besides General terms and conditions for certain products, the Bank may draft specific terms and conditions for concrete products or Bank services, which also represent an integral part of the contractual relationship between the Bank and the Client. In case that certain issues have been regulated differently by specific terms and conditions in relation to General terms and conditions of operations, specific terms and conditions shall prevail In case of disagreement between one or more provisions of the agreement that the Bank concludes with the Client and these General terms and conditions, as well as specific terms and conditions for a concrete product, the Agreement provisions shall be applied The provisions of General terms and conditions and specific terms and conditions shall prevail over currently applicable regulations, provided that the currently applicable regulations are not of imperative nature The beneficiary of Intesa Sanpaolo Electronic Banking service is a retail client to whom the Bank approved the use of Intesa Sanpaolo Electronic Banking. Beneficiary can become a person who opened the current account in the Bank The beneficiary of ELBA service irrevocably agrees that the Bank has the right to submit important information and his/her protected data, specified pursuant to the Law on the protection of personal data, which the Bank encounters to members of the Intesa Sanpaolo Group inside and outside the country, and Companies with which the Bank concludes Agreement on business cooperation, and to Companies dealing with the check of loan histories, statistics, and those governmental bodies, or institutions to which the Bank is obliged to submit those information based on legal regulations The beneficiary of ELBA service is obliged to inform the Bank on each change of his/her personal or other data, and especially on changes to residence address on the basis of which the account was opened or approved utilisation of ELBA service. The client shall be held responsible for all shortages or damage that would incur due to non-compliance with submission of data on incurred changes. The Bank shall keep copies of documents on the change of data on beneficiary in its archives The Bank shall process personal data of the clients only to the extent necessary for the Bank's regular operations, granting of loans, opening of accounts and reporting on them, and all in accordance with the Law on Protection of Personal Data During the negotiation stage of the conclusion of business relationship with a client on use of internet banking, the Bank is obligated to inform the client on all conditions and all characteristic of services it offers, by delivering to the client an Information Sheet in writing or in electronic form. The Bank provides information and adequate explanations of conditions related to the Application Form on using internet banking to the client in a way that will enable the client to compare services of other providers of the same services and determine whether the offer of the Bank suits his/her needs By signing the Application Form, the client agrees that the following documents of the Bank have been presented to him/her prior to signing the Application Form: General Terms and Conditions for Use of Intesa Sanpaolo electronic banking service for Retail Clients,, valid Decision on fees and other costs of the Bank for services in operations with resident and non-resident retail clients, and that such documents make the integral part of the Application Form. For all issues not regulated through Application Form, the documents listed in this paragraph shall be applied. The client shall accept all changes and amendments of the abovementioned documents on which the Bank shall inform the client through its distribution channels. The client shall confirm the above-stated by affixing his/her personal signature on the Application Form. 1
2 1.12. Illiterate person (a person who cannot read and write) in lieu of a signature shall place a fingerprint of index finger of the right hand. In case that the right hand index finger fingerprint is not possible, a fingerprint of another finger will be placed. With the fingerprint, the Client accepts all provisions listed in these General terms and conditions In the Application Form signed by the Client and the Bank, contractual monetary obligations must be specified or determinable General Terms and Conditions are prepared in writing and are available in business network and through other distribution channels of the Bank The Bank shall hold the right to change and amend General Terms and Conditions in accordance with legal regulations and the Bank's business policy on which the Bank is obliged to submit written notification to the client at least 15 (fifteen) days prior to beginning of the change. In that case, the Client agrees with any changes and amendments to General Terms and Conditions and he/she can obtain information in the Bank's Agencies, as well as by publication of General Terms and Conditions on the Bank's web site. If the client fails to agree with changes and amendments to the General terms and conditions, he/she shall be obligated to notify the Bank about his disagreement in writing within 15 (fifteen) days. 2. DEFINITION OF THE SERVICE 2.1. Intesa Sanpaolo Electronic Banking is the information service of the Bank enabling beneficiary to perform financial transactions and statement of the account balance through the global computer network Internet In order to start using Intesa Sanpaolo Electronic Banking, it shall be required that future beneficiary of the service signs Application Form for agreeing to use of Intesa Sanpaolo Electronic Banking which is filled out by the Bank. 3. SCOPE OF INTESA SANPAOLO ELECTRONIC BANKING 3.1. The Bank offers certain scope of services through Intesa Sanpaolo Electronic Banking which the beneficiary accepts by signing the Application Form for the use of Intesa Sanpaolo Electronic Banking The Bank has the right to expand the scope of services without prior announcement, on which the Bank shall inform the beneficiary in writing, via notification, via announcements on web sites of the Bank, or distribution channels of the Bank. The beneficiary shall agree to such changes and accept them completely Intesa Sanpaolo Electronic Banking, in accordance with completed and signed Application Form, shall enable the beneficiary to: Perform payments in the country payments of all types of accounts, e.g. utility bills make foreign payments from current account exchange currencies by the daily exchange rate exchange limited only to exchange of KM to EUR (in order to carry this out, a client is to have an open foreign-currency account in EUR) current insight into current account balance overview of turnover by current account check the daily exchange rate list information on the Bank's business policies (standard tariffs, special offers, notifications) The client shall receive electronic confirmation in pdf form for each performed transaction by Intesa Sanpaolo Electronic Banking. 4. AGREEING TO USE INTESA SANPAOLO ELECTRONIC BANKING 4.1. The beneficiary shall agree to use the Intesa Sanpaolo Electronic Banking by signing the Application Form for agreeing to use Intesa Sanpaolo Electronic Banking which includes General terms as its integral part. The use of Intesa Sanpaolo Electronic Banking is agreed for indefinite period In order to agree to use the Intesa Sanpaolo Electronic Banking service, the beneficiary is obliged to submit to the Bank a valid personal identification document (personal ID, passport, or driver's licence), or copy of a passport and translation of identification document (to one of the official languages of BiH), endorsed by certified court interpreter in case of non-resident clients. One of the required pre-conditions for use of Intesa Sanpaolo electronic banking service is that the client has current account opened with our Bank When agreeing to use the Intesa Sanpaolo Electronic Banking, the Bank may request additional documentation necessary for beneficiary's identification After approving of the Application Form, the beneficiary shall be assigned with a token, an identification 2
3 device which ensures the safety of using the Electronic Banking service. The token is in the Bank's ownership, and the beneficiary is obliged to return it upon the Bank's request. Along with the token, the Bank shall submit to the user initial PIN to be used with a token. The beneficiary of service, upon approving access to Intesa Sanpaolo Electronic Banking, is obliged to sign Confirmation on receiving token device Upon approval of the Application Form, the beneficiary shall be able to use all segments of the Intesa Sanpaolo Electronic Banking Moreover, it shall be considered that the beneficiary agreed to use the Service if he/she agrees with the Bank to open such type of account which automatically includes the service of Intesa Sanpaolo Electronic Banking with or without the sales campaign or if he/she agrees to use other service of the Bank which automatically includes this service The Bank, in accordance with conditions of its business policy, shall hold the right to reject Application, or the Bank shall decide on whether to approve or reject to offer the service, without obligation to explain its decision to the Applicant. 5. OBLIGATIONS AND RESPONSIBILITIES OF BENEFICIARY 5.1. The beneficiary, prior to beginning of use of Intesa Sanpaolo Electronic Banking, is obliged to secure minimum technical conditions necessary to access the system, which includes the computer and Internet access The beneficiary is obliged to change the initial PIN in the first use of token, in the manner prescribed under Guidelines for the use of token The beneficiary is obliged to keep the identification token and PIN at safe place, in the manner prescribed under Guidelines for the use of token, and he/she must not give them to other person The beneficiary is obliged to use the service of Intesa Sanpaolo Electronic Banking in the manner prescribed under Guidelines for the use of Intesa Sanpaolo Electronic Banking In case if the beneficiary damages or looses the assigned token, he/she shall bear costs of the change of token pursuant to valid Decision on fees for services in retail operations If the beneficiary suspects or identifies that some other person knows his/her PIN, he/she can change the PIN in any moment in the manner described in Guidelines for the use of token The beneficiary is obliged to immediately report the loss or theft of token or PIN to the Bank. The Bank shall block the use of token after the report The beneficiary is obliged to issue orders for payment in the amount of available funds on accounts The beneficiary shall bear all damage which may incur due to loss, unauthorized use or inappropriate application of the identification token, non-compliance with these General terms or if the third person misuses the identification token The beneficiary is responsible for accuracy of all data entered in the payment order, and shall bear the risk of entering incorrect data and misuse in his/her personal environment. 6. OBLIGATIONS AND RESPONSIBILITIES OF THE BANK 6.1. The Bank shall guarantee to the beneficiary free disposal with funds on the current account, opened based on concluded Agreement with the Bank, up to the amount of funds on the account, including allowed overdraft of balance on that account. 6.2 The Bank shall guarantee that the PIN is not in its documentation The Bank shall not be held liable for cases in which the beneficiary cannot use the service due to disruptions in telecommunication channels or other circumstances which the Bank cannot affect, especially in cases of force majeure, and in cases of breakdown of the electric-power system in Bosnia and Herzegovina, i.e. breakdown of telecommunication channels The Bank has the right to temporarily block the use of service if the beneficiary fails to pay due obligations towards the Bank The Bank shall hold the right to block the use of service in case of reasonable suspicion of misuse, with notification to the beneficiary. 7. PERFORMING TRANSACTIONS 3
4 7.1. The Bank shall perform transaction when all terms are fulfilled for the performance pursuant to these General terms and Intesa Sanpaolo THIN CLIENT User Manual which gives guidelines on the proper use of Intesa Sanpaolo Electronic Banking The beneficiary is obliged to properly complete all orders pursuant to currently applicable regulations, stipulated acts on the payment transactions and these General terms. When completing the order, the beneficiary must take account of available amount of funds on accounts in the Bank on the day of performing assigned orders In case of inability of perform the order due to lack of funds on particular account or incorrect entry of the payment order by the beneficiary, the Bank shall not perform the payment order The Bank shall not be held liable for unperformed payment or transfer, i.e. incorrect payment or transfer through the service of Intesa Sanpaolo Electronic Banking, incurred by incorrectly entered data by the beneficiary. 8. FEES 8.1. Fees for use of Intesa Sanpaolo Electronic Banking, as well as the fee for performing payment transactions through this service shall be charged through the account of the beneficiary or some other type of payment in accordance with the applicable Decision on fees for services in retail operations, without the additional approval by the beneficiary and written notification of the beneficiary Valid fees are public, expressed in written form and they are available to the Bank's clients in business network and other distribution channels of the Bank. 9. NOTIFICATIONS 9.1. The Bank shall notify the beneficiary on outstanding fees once a month through the statement from the current account free of charge Beneficiary gives consent to the Bank to provide him with notifications by available means of notification (by letter, telephone, ) on products and services within its business activities that are allocated for promotion of this and other products and services of the Bank by (manner for delivery of notification) By signing Application Form, the beneficiary confirms that, he/she is aware of intention of utilizing personal data for marketing purposes, and he/she waivers the right to oppose such processing By signing the Application Form, beneficiary gives explicit consent to the Bank to be provided with all notices, as well as information on possible legal proceedings which might arise from utilization of this service, to the address specified in the Application Form or the address which they sent subsequently to the Bank in writing, regardless of whether he/she is located on that address. 10. CANCELLATION OF THE USE OF SERVICE If the beneficiary no longer wants to use Intesa Sanpaolo Electronic Banking, it has to be cancelled in writing in the Agency of Intesa Sanpaolo Banka, or submit the request on cancelling the use of service If the beneficiary does not comply with General terms and if the fee cannot be charged from his/her account, the Bank shall retain the right to terminate the use of service by sending a written notification to the beneficiary. 11. CLIENT`S COMPLAINT AND OTHER RECLAMATIONS 11.1 If a client or another person who personally ensures fulfilment of client`s obligations believes that the Bank does not comply with obligations under the concluded Agreement, good business practices, General terms and conditions of Bank operations and provisions of the law, he/she may submit a complaint in writing directly or by mail to the Bank`s address or electronically The Bank is obligated to carry out the procedure according to submitted written Client`s complaint and provide a response to the complainant within 30 days from the day of submission of the complaint. 11,3 In case that a Client, who established a business relationship with the Bank at an organizational unit of the Bank operating on the territory of Republika Srpska is not satisfied with the Bank`s response to submitted complaint or if the Bank does not submit a response within the prescribed deadline, the complainant has a right to notify in writing and submit a complaint on the above-mentioned to the Ombudsman for the banking system established within the Banking Agency of Republika Srpska. If the Ombudsman determines that the complaint was justified, he/she will require the Bank to make a statement regarding the allegations expressed in the notification or complaint within 8 days. 11,4 In case that a client, who established a business relationship with the Bank at an organizational unit operating on the territory of the Federation of B&H is not satisfied with the Bank`s response to submitted complaint or if the 4
5 Bank does not submit a response within prescribed deadline, the complainant has a right to notify competent authorities in writing about above described in accordance with applicable regulations. 12. FINAL PROVISIONS Data on the ELBA beneficiary as well as written request of authorized person for cancelling the use of ELBA service, as well as other documents on the basis of which ELBA service was approved, the Bank shall keep in its files at least ten/10/ years upon expiry of the year in which business cooperation was terminated Documents and data mentioned under the previous item shall be retained by the Bank in their original form or in other form appropriate for providing evidences in conformity with currently applicable provisions and the acts of the Bank which stipulate keeping files The Bank and the beneficiary shall solve mutual disputes under agreement, and in contrary, they shall agree to the jurisdiction of the court in Sarajevo All issues which are not explicitly defined by these General Terms and Conditions are subject to currently applicable regulations and other documents of the Bank stipulating retail operations In case that any provision of these terms and conditions, upon their adoption, is not in conformity with the currently applicable and other regulations, such regulations shall prevail and be applied up to the moment of amending these terms and conditions. Intesa Sanpaolo Banka d.d. Bosna i Hercegovina 5
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