Jump to navigation
GENERAL TERMS AND CONDITIONS FOR THE INTERNET BANKING SERVICE AND DEFINITIONS
For the purposes of this document the following expressions shall have the following meanings:
1. (1) ‘Bank’ means Global Trust Investment Bank Limited
2. (2) ‘Communication Device’ means any device that allows the Customer to use or to access
an account or any service including, but not limited to, a personal computer, a mobile or
cellular phone, a personal digital assistant or similar device.
3. (3) ‘Customer’ means any natural or legal person who may be signatory to any product of
Global Trust Investment Bank Limited.
4. (4) ‘Internet Banking’ means the service of virtual banking whereby Global Trust Investment
Bank Limited makes available to users various financial, banking, insurance, investment and
5. (5) ‘Service’ refers to the Internet banking service.
6. (6) ‘System’ means the Internet Banking service and its operation.
7. (7) ‘Token’ means a coding offered for additional security.
Relation to Other Contracts or Agreements
The Customer’s use of Internet Banking services may also be affected by the agreements between the Bank and the Customer for deposit, prepaid card and other linked accounts. When the Customer links an account to the Internet Banking services, the Customer does not change the agreements they already have with the Bank for that account. For example, when the Customer uses the Internet Banking services to access a credit account, the Customer does so under the terms and conditions the Bank gave the Customer in the agreement and disclosure for the credit account. The Customer should review those agreements for any applicable fees, for limitations on the number of transactions the Customer can make, and for other restrictions, that might impact the Customer’s use of an account with Internet Banking services.
Computer Equipment and Software
The Customer is solely responsible for the maintenance, installations and operation of their computer and for the software used in accessing the Service. The Bank shall not be responsible for any errors, deletions or failures that occur as a result of any malfunction of the Customer’s computer or software, nor will the Bank be responsible for any computer virus that affects the Customer’s computer or the software while using the Service. By accessing the Service through the World Wide Web, the Customer agrees that the Bank shall not be liable for any indirect, incidental, or consequential costs, expenses or damages (including lost savings or profit, lost data, business interruption or attorney’s fees). Additionally, the Customer must have an Internet Service Provider, an email address, and a browser to utilize Service through the Internet.
Account Requirement To subscribe to the Service
The Customer must maintain at least one deposit Account with the Bank. The Service will allow the Customer to access more than one Account to view Account balance and transaction information, transfer funds among designated Accounts, send electronic mail to the Bank and receive electronic mail from the Bank. The Bank reserves the right to refuse to open an Account or to deny the Customer the ability to access the Service, to limit access or transactions or to revoke a Customer's access to Service without advance notice to the Customer.
User Name, Access Code and Password Confidentiality
The Customer will access the use of Internet Banking by introducing the USER name and the access code whenever the same system requests it. The Customer accepts that the User and access code assigned by the Bank faithfully determine his/her identity and consequently enable the Bank to carry out the effects of any operation activated with such instruments. For all Customers it will be necessary to make use of communication devices and tokens to carry out certain transactions. All transactions identified by means of the token will be recorded and filed electronically in order to make them accessible for post consultation. Messages of data received and or filed electronically, identified by the combination of the Customer’s token shall be attributable to the same and will serve to identify their origin and will be deemed original copies. Consequently the Customer is responsible for all actions, dispositions, transfers, etc. that are carried out through the said token whether the use of same is authorized by the Customer or not. The Customer is wholly responsible for maintaining the confidentiality of the token as well as any other user code or number including his account number, identification and password regardless of the fact that these may have been provided by the Bank or directly selected by the Customer. It is understood that in order to access certain operations, the system might request the introduction of complementary access codes, and the bank might require the Customer’s compliance with certain requirements and conditions. The access codes are for personal use, confidential and non-transferable; the Bank shall not have any knowledge whatsoever of same and their purpose is to guarantee exclusive access by the Customer and persons authorized by him/her.
Proper use of the System
The Customer is bound to comply strictly with the use of Internet Banking with all its instructions, assuming responsibility for any circumstance which results from incorrect or inappropriate use of the said system. In the event that the Customer suspects or has knowledge of the unauthorized use of his/her User and Access Code he/she must immediately inform the Bank in writing so that it can suspend access to Internet Banking. The Foregoing does not exempt the Customer from responsibility for operations which might have been carried out by unauthorized third parties. The Customer acknowledges that the security mechanisms offered by the Bank are designed to identify the origin of a communication and not to detect errors in the transmission or content of the instruction received. The Customer is responsible for the use of the Bank’s Internet Banking System as well as all damages which could originate inclusive to the Bank or third parties, albeit for divulgence of information of a confidential nature obtained through Internet Banking or any other means.
Operation of the System
The Bank offers its customers an information system that can be used by any user with access to internet and carry out the operations derived from it in the Bank’s account or accounts which to this effect it has designated and authorized to have access to the system. If the Customer in the future desires to enable new accounts which he owns at the Bank to have access to “the system” he/she will be able to designate them through the means that the Bank deems convenient. The content and its options within the functions of the system will be unilaterally determined by the Bank. The Bank does not guarantee that whichever one of its services, products, materials or other contents offered by Internet Banking will comply with the particular goals or needs of the Customer.
Coded Data Transmission
The Customer understands that the Internet is not a secure medium of communication and the Bank cannot guarantee the privacy of customer information inputted on the Bank’s website or sent to the Bank via the Internet. In order to provide the maximum possible security to the Customer the Bank will carry out the Internet Banking data transmission duly coded using encrypted technology. The Bank will, under no circumstances, be responsible for any damage caused to the Customer by third parties who, through the use of computerized systems de-codify the electronically transmitted information between the Bank and the Customer through an Internet Service Supplier; neither will it be responsible for damage done to the equipment or programs through possible contamination of information viruses.
A data message accurately identified by the combination of the Customer’s token shall be recorded by the Bank as a communication “written” or “in writing” and as an express manifestation of the writer’s will, the printing of these messages shall be treated as an “original” version. The Customer undertakes not to question the authority or the validity or compliance of “signed documents” on the admissibility of copies thereof under any applicable law dealing with whether certain contracts, files of electronic records are in writing (in document form) or signed by the party who will be bound thereby.
All operations carried out, instructions and requests sent via the internet through the use of the service will be processed and executed in accordance with the nature of each one of them within the time frames established by the Bank and information of its approval will be relayed through the system itself.
The Customer will indemnify and save the Bank harmless from any claims, damages, demands and expenses that the Bank incurs (other than due to its own gross negligence or willful misconduct), including among other things all legal fees and expenses, arising from the Bank acting, or declining to act, on any of the Customer’s communications given under this Agreement. This indemnity is in addition to any other indemnity or assurance against loss provided by the Customer to the Bank.
Limitation of Liability
The Bank will make every reasonable effort to provide the Customer with access to the Customer’s account or any services through a Token. For example, and without limitation, the Bank will not be liable for communication malfunctions that affect the accuracy or timeliness of messages or instructions between the Customer and the Bank and/or which prevent them from being transmitted in whole or in part; for delays of failures in performance resulting from acts beyond the Bank’s reasonable control including but not limited to acts of God, strikes, postal interruptions, lockouts, riots, acts of war, epidemics, fire, communication line failures, power failures, equipment or software malfunction, earthquakes or other disasters; if the Customer makes a mistake inputting an instruction; if the Customer fails to log off when leaving their personal computer and someone else accesses the Customer’s account or any service; if, for any reason, the Customer cannot access their account or any service through a Communication Device or the services do not function; or for any harm or loss to the Customer’s personal computer or any records or data.
Changes to this Contract
The Bank may amend any provision of this Contract by providing the Customer with notice of the amendments(s) thirty (30) days before such changes take effect. Notice may be provided to the Customer through a Communication Device. If the Customer continues to access their account(s) or any service or if the Customer maintains their account(s) after the effective date of the amendment(s) that will show that the Customer agrees and consents to the amendment(s).
Hours The Bank will act on any of the Customer’s communications during the usual business hours of the Bank office at which they are received on the earliest banking day possible. The Bank will determine the hours during which the Internet Banking system can be used albeit in general terms or in relation to each one of its options in particular.
Suspension of Service
The Bank reserves the right to suspend temporarily or permanently at any point in time and without prior notice to the Customer, the Internet Banking Service for technical/maintenance reasons or any other reason which the Bank may deem necessary for suspension of the Service. The Bank does not take responsibility for the unforeseen interruption of Internet Banking due to difficulties in its functioning, delay in the processing of any of its operations, requests, effected instructions which may be caused by technical faults in the provision of electrical power, telephone service or of any sort, Internet congestion, delay in the operations processing in other related systems or for any reason not pertaining to the Bank.
Charges and Costs
The customer, from this moment accepts and undertakes to pay all charges and costs for the operations carried out in “The System”; such costs will be relayed to the Customer through the means that the Bank deems convenient for such purpose. The Customer in turn authorizes the Bank to debit any of his/her account with the respective cost for use of ‘the system’.
Internet Banking Statement
All transactions presented in the Internet Banking Statement are up to date the moment the consultation occurs. The operations during the course of the day are presented as informative, are subject to confirmation by the Bank and will remain established until the end of day; the remainder of the displayed operations has been accounted for and form part of the period statement. Regardless of the applicable legal dispositions the Customer will have a period of ten days to challenge these statements regardless of whether they have been delivered in writing or the Customer printed them on the Internet. After the expiration of this period, it is presumed that the Customer is in agreement with the same.
Termination The Customer can terminate this contract or any service contract which has been signed and is related to this one, by means of a written notification to the Bank thirty days prior to the effective termination date. The Bank may terminate this Agreement at any time without notice. The Bank will have no liability for any loss or inconvenience that may result.
Governing Law Many of the services offered through Internet Banking are subject to the written execution of a Service Contract by the Customer, as well as compliance with the specific requirements of the said Service Contract and any others required by the Bank or the International laws, as well as the corresponding approval by the Bank.
In the event of any disputes, the Customer expressly submits to the jurisdiction designated by the Bank and acknowledges that this agreement will be governed by and construed in accordance with the International Laws.
For and On Behalf of
Global Trust Investment Bank Limited