BUSINESS INTERNET BANKING SERVICES TERMS AND CONDITIONS 1- INTRODUCTION 1.1- This Agreement governs the contractual relationship of the Bank and the Customer in respect of the Customer s dealings through the Business Internet Banking Services, and are in addition to the Bank's any other terms and conditions governing accounts services. If there is any conflict or inconsistency between this Agreement and other terms and conditions governing accounts services, this Agreement shall prevail in respect of all transactions carried out through the Business Internet Banking Services. 1.2- The Customer wishes to use the Business Internet Banking Services provided by the Bank and the Bank is willing to make the Business Internet Banking Services available to the Customer. 1.3- The Customer acknowledges that he/she has read, reviewed and understood this Agreement, of which he/she received a copy in due time before signing. By signing the Application Form or by using or continuing to use the Business Internet Banking Services, the Customer shall be deemed to have unconditionally and irrevocably accepted the terms of this Agreement. 2- DEFINITIONS 2.1- Access ID means the logon identifiers assigned or issued by the Bank to the Customer in connection with the Business Internet Banking Services and includes any replacement logon identifiers. 2.2- Account means any present or future account which the Customer has with the Bank except as otherwise expressly designated by the Customer, and Accounts means two or more of these accounts. 2.3- Agreement means this Agreement and all documents and supplementary terms issued by the Bank in connection with the provision of the Business Internet Banking Services. 2.4- Application Form means the application form provided by the Bank to the Customer for the purpose of applying for access to the Business Internet Banking Services. 2.5- Bank means Byblos Bank Europe S.A., having its registered office at 10, Rue Montoyer - 1000 Brussels - Belgium and includes its successors and assigns. 2.6- Bank Transaction Limit means the maximum transaction amount, as specified by the Bank in the Application Form, that the Customer can set as Transaction Limit. This limit is set in USD and does not exceed the total amount of $10,000 per transaction. This amount is subject to change. 2.7- Business Day means any day where the Bank is open for business, other than weekends and local bank holidays. 2.8- Business Hours means the time period for which the Bank is open for business. The Business Hours may vary for each branch of the Bank, as notified to the Customer from time to time. 2.9- Business Internet Banking Services means all financial, banking or other services or products and facilities which may be offered online by the Bank to the Customer from time to time. 2.10- www.bybloseuropeonline.com site means the Byblos Bank Europe portal through which the Customer and his/her Delegates access the Business Internet Banking Services. 2.11- Certificates means digital security certificates issued to Delegates by the Bank, to be used in conjunction with Passwords to enable the Customer and/or his/her Delegates to access the www.bybloseuropeonline.com site, the Business Internet Banking Services and/or to execute the Customer Instructions. 2.12- Clause refers to a clause of this Agreement. 2.13- Customer means any holder of an Account which is held in the name of a legal person, which (i) has applied for the Business Internet Banking Services and (ii) is a signatory of this Agreement and (iii) has been issued with the Access ID and PIN, and includes his/her respective successors. "Customer" shall also mean, where appropriate, the Customer acting through his/her Delegates. 2.14- Customer Guides means the welcome letter, brochures, security guides, customer guides, manuals, help text and any other documents, in any format (including but not limited to hard copies and/or electronic forms) issued by the Bank to the Customer from time to time in connection with the Business Internet Banking Services. 2.15- Customer Instructions means any request and/or instruction received by the Bank from the Customer through the Business Internet Banking Services. 2.16- Daily Transaction Limit means the daily maximum amount of all the transactions that the Customer wishes to perform through the Business Internet Banking Services, as specified in the Application Form. This limit should be set in USD. 2.17- Delegates means Primary Users and/or Secondary Users authorized by the Customer from time to time to use the Business Internet Banking Services.
2.18- Internet refers to a network of computers and other electronic devices that share and exchange information and is at once a worldwide broadcasting capability, a mechanism for information dissemination, a medium for collaboration and interaction between individuals and their computers without regard for geographic location. 2.19- Instruction means any instructions, authorizations or requests communicated through the Business Internet Banking Services and verified through the relevant Security Devices. 2.20- PIN/Passwords includes all confidential passwords, phrases, codes, numbers, or other forms of identification, whether issued to the Customer or his/her Delegates by the Bank, third party services providers appointed by the Bank and/or adopted by the Customer and Delegates (including user names designated by the Bank, the Customer or Delegates as the Bank shall prescribe for use in connection with the Business Internet Banking Services) which may be used to access the www.bybloseuropeonline.com site, the Business Internet Banking Services and/or to execute Customer Instructions. 2.21- Primary Users means Delegates entrusted with responsibility for the initial Business Internet Banking Services registration and the Customer s ongoing use of the Business Internet Banking Services as prescribed in the Customer Guides. 2.22- Secondary Users means Delegates appointed by Primary Users. 2.23- Security Devices means the PIN, Access ID, and/or any other Security procedure or tool assured by the Bank. 2.24- Transaction means utilization of any of the Business Internet Banking Services and includes any utilization that may not be authorized by the Customer or which may be fraudulent or dishonest. 2.25- Transaction Limit means the transfer limit set by the Customer for his/her use of the Business Internet Banking Services, as specified in the Application form. This limit should be set in USD. 3- THE BUSINESS INTERNET BANKING SERVICES 3.1- Availability of and Registration to the Business Internet Banking Services 3.1.1- The Business Internet Banking Services are available to the Customer in accordance with the terms of this Agreement. The Customer will access the Business Internet Banking Services through Delegates acting on his/her behalf. 3.1.2- The Customer must register separately to the Business Internet Banking Services by signing the Application Form. 3.2- Description of the Business Internet Banking Services 3.2.1- The Business Internet Banking Services enable the Customer to: a) enquire about balances in his/her Account(s); b) obtain details about Transactions in his/her Account(s); c) obtain statement of Account(s); d) proceed with transfer of funds. The Customer acknowledges and agrees that the Bank may, from time to time add to (including adding new banking services or products), vary, alter, suspend or remove any of the Business Internet Banking Services, upon giving the Customer a 2 months notice. An updated list of the Business Internet Banking Services will be available at all times on the www.bybloseuropeonline.com site. 3.2.2- Limits 3.2.2.1- The following limits are applicable to the use of the Business Internet Banking Services: a) Bank Transaction Limit (subject to the availability of sufficient balance in the Account(s)): $10,000 b) Transaction Limit and Daily Transaction Limit The limits as specified by the Customer in the Application Form. 3.2.2.2- The Customer acknowledges and agrees that the Bank may, at any time and from time to time set, vary or cancel the Bank Transaction Limit, Daily Transaction Limit or Transaction Limit for any transactions types, facilities, services and products that may be carried out through the Business Internet Banking Services, and vary their frequency and availability period, upon giving the Customer a 2 months notice. 3.2.3- Continuity of the Business Internet Banking Services 3.2.3.1- The Bank shall use its best endeavors to ensure continuity of the Business Internet Banking Services. However, the Bank shall be entitled at any time, to temporarily suspend the operations of the Business Internet Banking Services for updating, maintenance and upgrading purposes, provided that such suspension is limited to a reasonable period of time. 3.2.3.2- Moreover, the Customer acknowledges that excess demand on the systems and circumstances beyond the Bank's control may result in interruptions in the Business Internet Banking Services' availability. 4. SECURITY MEASURES 4.1- Use of the Business Internet Banking Services in General The Customer agrees and undertakes to be bound by and to comply with any and all of the Bank s procedures, requirements, restrictions, instructions or any additional conditions pertaining to the access and use of the Business Internet Banking Services as may be issued by the Bank from time to time and notified to the Customer. 4.2- Access to the Business Internet Banking Services 4.2.1- The Customer will access the Business Internet Banking Services through the following Security Devices:
a) Account ID; b) Certificates; c) PIN/Passwords; d) Security Token 4.2.2- The Customer will be allotted these Security Devices in a tamper proof envelope with a PIN mailer or other means as provided by the Bank. The Customer shall ensure that the Password(s) is (are) received without any tampering, and if not, the Customer shall forthwith inform the Bank in writing and/or by phone. 4.2.3- If necessary, the Customer can register more than one user for the Business Internet Banking Services (i.e. one per Delegate). In such case, the Bank will separately allot Security Devices to the Customer and may charge the Customer for such multiple registration. 4.3- Use of Security Devices 4.3.1- General 4.3.1.1- The Business Internet Banking Services are accessed through the Internet which is a public system over which the Bank has no control. It is therefore the Customer s duty to make sure that any computer, computer network, device, equipment or communication system (collectively Equipment ) which the Customer uses to access the Business Internet Banking Services is free from and adequately protected against viruses and other destructive or disruptive components. In particular the Customer shall ensure that anti-virus, anti-spyware and firewall software ( Security Software ) are installed in the Equipment which the Customer or his/her Delegates use to access the Business Internet Banking Services, and that these Security Software are regularly updated with security patches and new versions as issued or recommended from time to time by the suppliers of such Equipment. 4.3.1.2- The Customer agrees that it is his/her sole responsibility to set up, maintain and regularly review security arrangements concerning access to and use of the Business Internet Banking Services, his/her computers, devices, equipment and communication systems and information stored therein, and in particular his/her control and any of his/her Delegates control of Passwords and Certificates. For the avoidance of doubt, the Customer shall bear all personal costs related to the use by the Customer of the Business Internet Banking Services, including but not limited to the maintenance of his/her equipment or his/her telecommunication costs. 4.3.1.3- The Customer agrees to comply and will procure that his/her Delegates comply with the terms of this Agreement and any other instructions or recommendations the Bank may issue to him/her regarding the Business Internet Banking Services security including, without limitation, the security recommendations contained in the Customer Guides, and more particularly in the Security Guide issued in relation to the Business Internet Banking Services. 4.3.1.4- Once the Customer has logged on to the Business Internet Banking Services, Delegates must not leave at any time the Internet terminal from which they have accessed the Business Internet Banking Services or let anyone use the Internet terminal until they have logged off the Business Internet Banking Services. The Customer will be responsible for ensuring that Delegates log off the Business Internet Banking Services at the end of each session. 4.3.1.5- The Customer must not permit Delegates to access the Business Internet Banking Services from any computer connected to a local area network (LAN) or any public Internet access device or access point without first making sure that no one else will be able to observe or copy their access or get access to the Business Internet Banking Services pretending to be a Delegate. 4.3.2- Passwords 4.3.2.1- The Customer must ensure that his/her Delegates memorize and keep their Passwords confidential and secure at all times and take steps to prevent unauthorized use of their Passwords and any Security Devices provided to them, including but not limited to the following: a) Never allow anyone to access the Business Internet Banking Services on their behalf; b) Never write or otherwise record their Passwords in a way that can be understood by someone else; c) Never reveal their Passwords to anyone else; including their staff, except where specifically provided in the Customer Guides; d) Destroy any advice from the Bank concerning their Passwords promptly after linking their Access ID to their www.bybloseuropeonline.com site logon, except where specifically provided in the Customer Guides; e) Avoid Passwords which may be easy to guess such as passwords used in connection with third parties, telephone numbers, birthdays or other personal information; f) Never record their Passwords on any software which retains it automatically (for example, any computer screen prompts or save password feature or the like on their Internet browser); g) Change their Passwords on a regular basis and not alternate between passwords. 4.3.2.2- If the Customer entitles the proxy holder in the proxy to subscribe on his/her behalf, the Customer is subsequently responsible of changing his/her password if the proxy expires or is cancelled. The Bank is discharged from any liability for any unauthorized use of the Business Internet Banking Services by the previous proxy. 4.3.3- Special Events and Compulsory Notification by the Customer 4.3.3.1- The Customer and his/her Delegates must notify the Bank immediately of the following: a) The loss or theft of their Security Devices; b) Any unauthorized access to the Business Internet Banking Services, or any unauthorized transaction or instruction which the Customer or any of his/her Delegates know of or suspect; or c) If the Customer suspects any person other than the appropriate Delegate knows the Passwords of one or more of the Delegates or has access to their Certificates. In the event of any such breach or suspected breach of security, the Customer must ensure that all his/her Delegates change their Passwords immediately.
4.3.3.2- Without prejudice to the above, if the Customer suspects any impropriety on the part of any Delegate in connection with the use of the Business Internet Banking Services, or a Delegate is leaving his/her employment, the Customer must immediately take all steps to ensure that the Delegate is replaced and prevented from further access to the Business Internet Banking Services, including but not limited to recovery and destruction of the Security Token issued to the relevant Delegate either by cutting across the computer chip located on the Security Token or in such a manner as directed by the Bank. 4.3.3.3- The Customer further agrees to comply immediately with all reasonable requests for assistance from the Bank in trying to recover any losses or identify actual or potential breaches of security. 4.3.3.4- For the purpose of complying with Clauses 4.3.3.1 and 4.3.3.2, the Customer must check, as frequently as possible, the status of the Accounts resulting from the Transactions carried out using the Business Internet Banking Services, and all Transactions recorded on these Accounts. 4.4- Obligation of the Bank as regards Security Devices The Bank shall take all the necessary measures to ensure the secrecy of any Security Devices' transmission and subsequently prevent unauthorized access to the Business Internet Banking Services. For that purpose, it shall use the best technological means available to it. The Bank shall likewise use its best endeavors to ensure that any content downloaded from the Business Internet Banking Services will be free of viruses, Trojan horses, worms, or other destructive or disruptive components. 5- CUSTOMER INSTRUCTIONS 5.1- The Customer acknowledges and agrees that all Instructions (whether authorized by the Customer or not) are irrevocable and binding on the Customer and the Bank shall be entitled to execute, perform, process such Instructions without any further reference or notice to the Customer. 5.2- The Customer acknowledges and agrees that the Bank may accept and act upon any Instruction issued and/or communicated through the Business Internet Banking Services (whether actually authorized by the Customer or not) as the Customer s authentic and duly authorized Instruction and that the Bank shall be under no obligation to investigate the authenticity or authority of persons giving the Instruction. 5.3- The Customer requests and authorizes the Bank to accept, rely upon and act upon the Customer s Instructions given in any manner permitted by the Business Internet Banking Services as if the Customer had given signed written Instructions to the Bank, even if they may conflict with any other mandate given at any time concerning the Accounts. The Customer further requests and authorizes the Bank to debit the Accounts with any amounts the Bank has paid or incurred in accordance with Instructions received through the Business Internet Banking Services regarding Accounts. 5.4- Notwithstanding the above sub-clauses, the Customer acknowledges and agrees that the Bank may at any time: (i) refrain from acting promptly upon any Instructions given or purportedly given by the Customer in order to verify the authenticity thereof; or (ii) require any Instruction to be confirmed in writing and signed by the Customer before acting on such Instructions. 5.5- The Customer further acknowledges and agrees that the Bank may refuse to complete or may reverse any Transaction if: a) the Transaction is one that the Bank cannot process due to compliance with applicable laws; b) the Transaction exceeds Customer s balance, credit limit, limits referred to under Clause 3.2.2, or violates any provision in any other agreement the Customer may have with the Bank; c) the Transaction involves any Account that qualifies as a "compte dormant"/"slapende rekening" under the Law dated 24 July 2008, and whose balance has already been transferred to the Caisse des Dépôts et Consignations/Deposito- en Consignatiekas in accordance thereto. 6- SUFFICIENT FUNDS 6.1- At no time and under no circumstances shall the Customer use or attempt to use the Business Internet Banking Services for payments, placement of fixed deposits or transfer of funds unless there are sufficient available funds in the Account(s). 6.2- The Bank is under no obligation to honor any Instructions unless there are sufficient funds in the Account at the time of receipt of the Instruction. 7- CONFIRMATION FROM THE BANK 7.1- The Customer understands that it may happen that Instructions are not received by the Bank for reasons beyond the Bank s reasonable control including but not limited to mechanical, software, computer, telecommunications or electronic failure. 7.2- The Customer hence acknowledges that unless he/she receives a confirmation of receipt of the same from the Bank or from an officer, employee or agent of the Bank, Instructions may not have been received and accordingly may not be processed or accepted by the Bank. Therefore, in the absence of confirmation of receipt, the Customer should follow up with the Bank and ensure that his/her Instructions have been physically recorded/carried out by the Bank. 8- PROCESSING OF INSTRUCTIONS, ACCOUNT STATEMENTS AND VALUE DATE 8.1- Processing of Instructions Save in the case of specific circumstances as dealt with in Clause 5.4, 5.5 (cases where the Bank may or shall refrain
from acting), 6 (sufficient funds) or 7 (confirmation from the Bank), instructions initiated during Business Hours shall be executed by the Bank within 3 Business Days (and as of 1 January 2012 within 1 Business Day). For Instructions initiated during non-business Hours, this delay will start on the next Business Day. 8.2- Account Statements The financial information available by means of the Business Internet Banking Services is for reference purposes only. Account information available through the Business Internet Banking Services will not reflect transactions that may be in the Bank's hands but which have not been processed or which still have to be verified for payment. 8.3- Value Dates The value dates used for the main transactions carried out using the Business Internet Banking Services are identical to the execution dates. 9- FEES AND CHARGES 9.1- The Business Internet Banking Services are currently offered for free. An updated list of the applicable fees and charges will be available at the Bank's premises and on the www.bybloseuropeonline.com site. 9.2- The Bank reserves the right to impose, set and/or modify the fees and charges payable by the Customer for use of the Business Internet Banking Services. 9.3- The Customer agrees to pay all fees and charges for the use of the Business Internet Banking Services imposed by the Bank as varied from time to time. The Customer authorizes the Bank to debit such fees and charges incurred by the Bank to any Account(s) which the Customer has with the Bank. If there are insufficient funds in the Customer Account(s), the Bank may cancel all Customer Instructions and terminate this Agreement. 10- LIABILITIES 10.1- Liability of the Customer With no recourse to the Bank, the Customer shall bear all the consequences, losses and costs incurred by himself/herself, the Bank or any third party as a consequence of: a) his/her failure to comply with the terms of this Agreement, Customer Guides, instruction, recommendation or communication issued by the Bank from time to time in connection with the Business Internet Banking Services; b) transactions processed or executed pursuant to the correct use of the Security Devices, irrespective of whether these Transactions were initiated with or without the Customer s knowledge or authorization, before and until the notification referred to under Clause 4.3.3 (Special Events and Compulsory Notification by the Customer) has been made. This includes any outstanding Transaction whose completion could not be stopped by the Bank at the time of such notification as well as any unauthorized Transaction carried out by the Bank where the Customer has failed to proceed with such notification. c) his/her failure to take all the necessary measures to ensure the security of the access to the Business Internet Banking Services (Clause 4.3.1 and 4.3.2); d) his/her failure to proceed with the notification referred to in Clause 4.3.3 (Special Events and Compulsory Notification by the Customer); e) his/her failure to check, as frequently as possible, the status of accounts linked to the transactions carried out using the Business Internet Banking Services and transactions recorded on the accounts in accordance with Clause 4.3.3.4, and this resulting in a delay in the Customer becoming aware of the fraudulent use of the Business Internet Banking Services and duly notifying the Bank. 10.2- Liability of the Bank 10.2.1- Subject to the Customer's strict compliance with his/her obligations under this Agreement, the instructions given in the Customer Guides or any other instructions, recommendation or communication made by the Bank from time to time with respect to the Business Internet Banking Services (including but not limited to its obligations under Clause 4 (Security Measures)), the Bank shall be liable for: a) the failure to execute, or the erroneous execution of Transactions correctly initiated by the Customer through the Business Internet Banking Services; b) the execution of Transactions without the Customer's authorization where these Transactions were initiated without the Security Devices being correctly used; c) the execution of Transactions after the Customer has notified the Bank in accordance with Clause 4.3.3 (Special Events and Compulsory Notification by the Customer); d) any loss resulting from the counterfeiting of the Business Internet Banking Services or any of its component by a third party, except in case of fraud or negligence of the Customer which enabled or allowed the third party to commit such fraud; 10.2.2- Notwithstanding the above, the Bank shall incur no liability in case a Transaction is not executed or is delayed as a result of : a) the temporary suspension of the Business Internet Banking Services in accordance with Clause 3.2.3.1 or 3.2.3.2; b) the defective functioning of the Customer's equipment or of telecommunication services provided by a third party; c) the Bank's refraining from acting in accordance with Clause 5.4 (verification of the Instruction), 5.5 or 6; d) the failure of transmission of Instructions to the Bank through the Business Internet Banking Services, where no confirmation of receipt has been given to the Customer by the Bank; e) any circumstances or causes whatsoever which are not within the reasonable control of the Bank, including but not limited to:
a. restrictions, regulations, laws, prohibitions or measures of any kind; b. power failure; c. acts of default of any telecommunications network operator, circumstances where communications lines for the Bank s computer systems cannot be used for reasons attributable to third party telecommunications carriers; d. the failure of performance of any vendor, supplier or contractor of the Bank as a result of the risk that computer and/or automated systems, hardware, firmware and/or software may be unable to recognize and perform properly date-sensitive or date-dependant functions; f) any failure attributable to any third party; and g) any circumstances not involving the fault or negligence of the Bank. 10.2.3- In case the Bank is liable pursuant to Clause 10.2.1, its liability will be restricted to direct damages suffered by the Customer and will not include any indemnification of indirect damage, whatever its nature, save for any costs borne by the Customer in order to determine the damages incurred by the Customer. 11- RECORDS OF THE BANK - PROOF 11.1- Transaction record 11.1.1- The Customer acknowledges and agrees that the Bank will keep internal records of Transactions carried out through the Business Internet Banking Services (and confirmations thereof) for a period of ten years as from the date on which the Transactions were carried out, and that the Bank may keep such records for a longer period on essential legal grounds, pursuant to regulations or on grounds of legitimate interest. 11.1.2- The Customer further acknowledges and agrees that the Bank shall be entitled (but not obliged) to keep track of any other instruction or communication between the Bank and the Customer. 11.2- Proof 11.2.1- The Customer acknowledges and agrees that the Bank s records and any records or recordings of the Transactions, Instructions, communications, operations or any other transactions made or performed, processed or executed through the Business Internet Banking Services by the Customer or any person purporting to be the Customer, acting on Customer s behalf or purportedly acting on Customer s behalf, with or without the Customer s consent, or any record of any transactions relating to the operation of the Business Internet Banking Services and any record of any transactions maintained by any relevant person authorized by the Bank relating to or connected with the Services shall be binding and conclusive on the Customer for all purposes whatsoever and shall be conclusive evidence of the transaction and Customer s liability to the Bank. 11.2.2- The Customer further agrees that all such records constitute, as such, admissible evidence and that the Customer shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were incorporated and/or set out in electronic form or were produced by or are the output of a computer system, and hereby waive any of Customer s rights (if any) to so object. However, in case the Customer considers that there has been an error or irregularity in the recording system of the Bank, he/she will be allowed to prove it. 11.2.3- The Customer acknowledges and agrees that signed fax copies, printed pdf format of signed documents sent by e-mail or regular e-mails sent by the Bank in accordance with Clause 14.1 (Notifications) shall be deemed to be written documents and shall have the same evidential value as original documents. 12- INTELLECTUAL PROPERTY 12.1- The Customer acknowledges and agrees that all the intellectual property rights in the software underlying any of the Business Internet Banking Services as well as other software, which is required for availing the Business Internet Banking Services accessing Account(s), is the legal property of the Bank or the respective vendors. The permission given by the Bank to utilize the Business Internet Banking Services shall not convey any proprietary or ownership rights in the intellectual property of the software. The Customer shall not attempt to modify, translate, disassemble, de-compile or reverse engineer the above-mentioned software or copy the source code of the software or create any derivative product based on the software. 13- AMENDMENTS 13.1- The Bank may amend the terms of this Agreement at any time as necessary for the effective operation of the Business Internet Banking Services. The Bank will inform the Customer of any amendments by: a) sending the Customer a hardcopy of the amended Business Internet Banking Services Terms and Conditions by regular mail; or b) posting an electronic version of the amended Business Internet Banking Services Terms and Conditions on the www.bybloseuropeonline.com site, and informing the Customer in writing that the amended Terms and Conditions are available at the Bank and on the www.bybloseuropeonline.com site. 13.2- The amended Business Internet Banking Services Terms and Conditions shall bind the Customer from the date at which they are expressed to take effect, but at the earliest 2 months after due notification to the Customer in accordance with Clause 13.1. 13.3- If the Customer does not accept the amendments, the Customer may terminate his/her use of the Business Internet Banking Services. If the Customer or any of his/her Delegates continue to access and use the Business Internet Banking Services at any time after the amendments have entered into force, the Customer shall be deemed to have accepted and agreed to such amendments without reservation.
14- NOTIFICATIONS AND COMPLAINTS 14.1- Notifications 14.1.1- Notifications by the Customer to the Bank must be made in writing by post to: Byblos Bank Europe S.A. Rue Montoyer, 10 1000 Brussels Belgium. 14.1.2- Notifications by the Bank to the Customer must be made to the Customer in writing by post or to the Customer s email address most recently notified to the Bank. 14.1.3- If by post, the notice will be taken to have been received five days after posting by one party to the postal address most recently notified by the receiving party and if via email three days after transmission. 14.1.4- As regards the notification made pursuant to Clause 4.3.3 (Special Events and Compulsory Notification by the Customer), the Customer shall proceed to the notification by e-mail. 14.2- Complaints 14.2.1- All complaints and observations regarding the transactions executed by the Bank must, to sustain their validity, be notified in writing to the Bank, within 30 days (save in case where an immediate notification is required in accordance with Clause 4.3.3 (Special Events and Compulsory Notification by the Customer)) as from the transaction or as from the date on which the event occurred, in accordance with Clause 14.1. 14.2.2- If the Customer does not lodge a written observation within 30 days upon the mailing or delivery of daily statements, periodic statements or other documents sent or handed over to him/her by the Bank, the Customer is presumed to have approved the content of such statements. 14.2.3- If the Customer is of the opinion that he/she did not obtain a satisfying solution for his/her complaint and/or remark from the Bank, he/she may submit such complaint or remark to the Ombudsman of the Belgian Bankers Association (Rue Belliard 15-17, B.8, 1040 Brussels-Belgium (www.ombfin.be)). 15- TERMINATION 15.1- The Customer and the Bank shall be entitled at their absolute discretion to forthwith terminate this Agreement or to forthwith deactivate or revoke the Business Internet Banking Services. 15.2- If the Bank terminates this Agreement, the Customer shall be given at least 30 days' notice and shall be reimbursed with the fees paid for the Business Internet Banking Services on a pro rata temporis basis. However, the Bank may terminate this Agreement with immediate effect, and with no reimbursement to the Customer if the Customer fails to comply with his/her obligations towards the Bank or if the Bank becomes aware of acts that jeopardize the relationship of trust and confidence between the Customer and the Bank. 16- GOVERNING LAW AND JURISDICTION 16.1- This Agreement shall be governed by and construed in accordance with Belgian Law. 16.2- Courts of Brussels shall have jurisdiction over any litigation arising out of the interpretation and/or execution of this Agreement. This shall not limit the right of the Bank to bring any proceeding before any other competent jurisdiction, whether in Belgium or abroad, as the Bank, in its discretion, may deem appropriate. Signed in duplicate Date: ------/------/----- Customer (s) Name Address Tel Fax Email Signature Name Address Tel Fax Email Signature Byblos Bank Europe S.A. Authorized Representatives: Signatures: